House E-Waste Bill Would Stop Dumping Toxic Electronics on Developing Countries, while Recovering Rare Earths

Two US Representatives reintroduced legislation last week to stop sham U.S. "recyclers" from dumping electronic waste on developing countries.

Similar legislation was introduced in the House in September of 2010, but it was too late in the Congressional session for the bill to advance.

This time, the bill has added provisions for research into recycling and recovery of rare earth metals, which are valuable for the production of clean energy technologies. Rare earths have been a hot topic in policy debates over the last year, because China has a monopoly on production and is cutting back on exports to meet domestic demand.

Gene Green (D-TX) and Mike Thompson (D-CA) also say the bill, which has bipartisan support, promotes creation of environmental jobs in the US.

The bill is supported by environmental groups as well as electronic manufacturers (Dell, HP, Samsung, Apple, and Best Buy), all of which have policies that prohibit the export of e-waste to developing nations.

"This is the most important step our federal government can take to solve the e-waste problem – to close the door on e-waste dumping on developing countries," says Barbara Kyle, National Coordinator of the Electronics TakeBack Coalition, a national environmental coalition which promotes responsible recycling of e-waste. "It will bring recycling jobs back to the U.S."

The bill addresses the toxic exposures caused by e-waste dumping and primitive recycling operations in countries like China, India, Nigeria, Ghana, which have been the subject of recent media exposés and a report by the U.S. Governmental Accountability Office (GAO).

"The States have been passing laws that are already increasing the amount of e-waste collected for recycling, instead of land-filling," says Kate Sinding, senior attorney with the Natural Resources Defense Council. "Unfortunately, these laws can’t stop recyclers from simply sending our e-waste – and our jobs – to developing nations where improper handling threatens health and the environment. But Congress can."

25 states have passed e-waste recycling legislation, but these laws do not ban e-waste exports, which is an international trade issue, and not the constitutional jurisdiction of states. Only Congress has the authority to legislate this much needed restriction.

"This bill accomplishes two things: first, it prevents hazardous material from being shipped where it will be mishandled and cause health and environmental damage; and second, it is a green jobs bill and will create work here in the U.S., processing these used products in safe ways," says U.S. Representative Gene Green (D-TX).

Currently, electronic waste is exported to developing countries by many U.S. companies that claim to be recyclers, to be bashed, burned, flushed with acids, and melted down in unsafe conditions in developing countries.

80% of children in Guiyu, China, a region where many "recycled" electronics wind up, have elevated levels of lead in their blood due to the toxins in those electronics, much of which originates in the U.S. The plastics in the imported electronics are typically burned outdoors, which emits deadly dioxin or furans, which are breathed in by workers and nearby residents.

The bill establishes a new category of "restricted electronic waste" which can’t be exported from the U.S. to developing nations. Used equipment can still be exported for reuse as long as it’s been tested and is fully functional. Non-hazardous parts or materials are also not restricted. Other exemptions from the restrictions are:

  • products under warranty being returned to the manufacturer for warranty repairs
  • products or parts being recalled
  • crushed cathode ray tube (CRT) glass cullet that is cleaned and fully prepared as feedstock into CRT glass manufacturing facilities

"Not only is this bill good for the environment, but it gives a boost to small business recyclers and creates more green jobs. This is what both the industry and our customers want," says Dewayne Burns, CEO, eSCO Processing and Recycling.

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