ISRI Says E-Waste Bill to Ban Exports is Flawed

Date: January 26, 2012

Source: News Room

The Institute of Scrap Recycling Industries (ISRI) says that despite growing industry support, federal legislation proposing to ban the export of electronic waste to certain countries is not likely to become law. ISRI opposes the proposed Responsible Electronics Recycling Act because it would, in their view, interfere with "free and fair trade of specification grade commodities into the global marketplace" which they see as "a vital component of sustainable recycling." On the other side of the debate is a new coalition of industry groups led by The Coalition for American Electronics Recycling (CAER) which supports the legislation because many of its members are increasingly complaining about being undercut by competitors with unscrupulous practices who send their e-waste overseas to developing countries.

However, ISRI president Robin K. Wiener recently told American Metal Market magazine that she has been told by congressional leadership that the proposed legislation contains some faulty language, including provisions that would cause the US to violate its treaty obligations under World Trade Organization rules. "Most fundamental is the distinction the bill makes between shipments to Organization for Economic Cooperation and Development (OECD) and non-OECD countries, which is discriminatory," she said. A spokesman for CAER says that the issue has been raise by ISRI before and been thoroughly reviewed by the bill sponsor, Rep. Gene Green (D-TX), along with 16 co-sponsors in the House of Representatives, including nine Republicans.

Alcoa Inc., (Pittsburgh, PA) and Waste Management Recycle America LLC (Houston, TX) announced their support for the legislation last week by joining the CAER. Their announcement followed a similar move by the Sims Recycling Solutions electronics recycling division of Sims Metal Management Ltd.

See also: "Alcoa and WM Recycle America Support E-Waste Regulation," (www.wasteinfo.com/news/wbj20120124C.htm).

See also: "New Coalition Pushes for E-Waste Legislation; Breaking from ISRI," (www.wasteinfo.com/news/wbj20111228C.htm).

See also: "Recycling Industry Groups Clash over E-Waste Policy," (www.wasteinfo.com/news/wbj20111018F.htm).

See also: "EPA Moves to Control E-Waste as Congress Seeks Export Ban," (www.wasteinfo.com/news/wbj20110714E.htm).

See also: "Industry and Activists Face Off on Electronics Waste Export," (www.wasteinfo.com/news/wbj20100406E.htm).

See also: "ISRI Acquires International Association of Electronics Recyclers," (www.wasteinfo.com/news/wbj20090203K.htm).


ISRI ELECTRONICS RECYCLING EXPORT POLICY

As adopted by the ISRI Board of Directors on March 25, 2010

ISRI supports increasing the sustainable benefits of responsibly recycling electronics in compliance with domestic and international legal requirements. A vital component of sustainable recycling is ensuring the free and fair trade of specification grade commodities into the global marketplace. These commodities provide raw material substitutes that are needed to develop economies around the world. ISRI also recognizes the inherent risks of exporting electronic equipment and components to countries and facilities that lack the expertise and technical capacity to process such shipments in a manner that is protective of worker safety, public health, and the environment. As such, ISRI strongly condemns "sham" recycling and illegal exports to countries and facilities that lack such expertise. In this context, ISRI supports policy that-

  • Recognizes the sustainable benefits of and supports necessary financial incentives to responsibly recycle electronic equipment and components in the United States.

  • Promotes the free and fair trade of specification grade commodities derived from electronic equipment and components, including commodities with de minimis amounts of hazardous substances.

  • Bans the export of electronic equipment and components for landfilling, or incineration for disposal.

  • Requires that all shipments of used electronic equipment and components exported for direct reuse are effectively tested to confirm that key functions are working and that such equipment and components are not obsolete.

  • Requires that all pre-existing data and data storage devices are sanitized, purged or destroyed prior to export, unless otherwise agreed to by a valid commercial agreement between the domestic buyer and seller. o Requires that all exports of electronic equipment, components and specification grade commodities are packaged and transported in a manner that is protective of human health and the environment and when appropriate prevents damage during transport.

  • Requires that facilities engaged in electronics repair, refurbishment or processing located outside of the United States that import electronic equipment and components have in place:

  • a documented, verifiable environmental, health and safety management system;

  • the necessary capability to reuse, refurbish or recycle electronic equipment and components in a manner protective of worker safety, public health and the environment;

  • adequate business records to document compliance with environmental, health and safety legal requirements including the legality of shipments in importing countries;

  • necessary measures in place to manage hazardous wastes in a safe and environmentally sustainable manner through final disposition; and,

  • a transparent process for each facility to demonstrate conformity to these requirements to the U.S. exporter.

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