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Activists and Recyclers Criticize Loopholes in E-Waste Export Bill

Date: May 28, 2009

Source: News Room

Activists and some electronics recyclers are criticizing House Democrats' bill to ban the export of electronic waste (e-waste) to developing nations, saying it includes a number of "loopholes" and exemptions that will allow continued exports of the waste. The bill, introduced by Reps. Gene Green (D-TX), Mike Thompson (D-CA) and Mary Bono Mack (R-CA) on May 21, is meant to ban the export of e-waste, consistent with a House resolution last year, still allows for the export of broken or non-functional electronics if they are slated for repair and reuse. The Electronics TakeBack Coalition, in a may 20 letter to members of Congress who supported last year's resolution, said that the bill, H.R. 2595, does not live up to the spirit of the resolution because it includes exemptions that will allow the continued exports of waste, and encourages lawmakers not to support it. "By passing a law that only appears to restrict exports to developing countries without actually doing so, the bill would undermine those recycling companies which are in fact managing their e-waste responsibly, and providing jobs here at home," the coalition says in a statement. "This bill fails in serious and even critical ways."

Under the bill, recyclers may export used or broken electronics for refurbishment, ETBC says, but are required to gain permission from appropriate authorities in the recipient countries, notify EPA of its exports annually, and maintain proper records and packaging for the electronics and state intentions to export the electronics for reuse instead of recycling. The bill also calls on EPA's enforcement office to develop a rule establishing an export control program.

Recyclers could ship outdated and nonworking units simply by claiming they intended them for repair or reuse, said Neil Peters-Michaud, CEO of electronics recycler Cascades Asset Management.

None of those safeguards are adequate to ensure that some recyclers will not flaunt the system, ETBC says, and passing the bill would amount to a tacit approval of the practice. "The measure's so-called 'safeguards' will not prevent toxic components…from being exported to some of the poorest nations in the world," the letter says.

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