U.S. Federal Legislation

Legislation

Existing Legislation and Policies that Apply to E-Waste

Final Rules on Cathode Ray Tubes and Discarded Mercury-Containing Equipment
This portion of the U.S. EPA web site provides information regarding these two rules, which were proposed in the same action in 2003. In order to expedite the regulatory process, the actions were separated and each now stands alone.

A cathode ray tube (CRT) is the glass video display component of an electronic device (usually a computer or television monitor). The Cathode Ray Tubes final rule streamlines management requirements for recycling of used CRTs and glass removed from CRTs under the Resource Conservation and Recovery Act (RCRA). The amendments exclude these materials from the RCRA definition of solid waste if certain conditions are met. The rule is intended to encourage recycling and reuse of used CRTs and CRT glass. Used CRTs exported for recycling must comply with requirements that are specified in detail in 40 CFR 261.39(a)(5). The U.S. EPA site linked to above outlines these requirements.

The Discarded Mercury-Containing Equipment Final Rule adds mercury-containing equipment to the federal list of universal wastes regulated under the Resource Conservation and Recovery Act (RCRA) hazardous waste regulations. Handlers of universal wastes are subject to less stringent standards for storing, transporting, and collecting these wastes. EPA believes this will lead to better management of this equipment and will facilitate compliance with hazardous waste requirements.

U.S. EPA eCycling Regulations/Standards page: Consult this page regarding special exemptions from federal hazardous waste rules for circuit boards. This page also includes information on the disposal of CRTs and other electronics that test "hazardous". For the complete federal hazardous waste requirements for generators, consult 40 CFR Parts 260-262.

See also EPA's Regulatory Program for "E-Waste" (PDF) and Export of Used & Scrap Electronics: What You Need to Know (PDF).

Executive Order (EO) 13514, Federal Leadership in Environmental, Energy, and Economic Performance, was signed on October 5, 2009. EO 13514 introduces new greenhouse gas (GHG) emissions management requirements, expands water reduction requirements for federal agencies, and addresses waste diversion, local planning, sustainable buildings, environmental management, and electronics stewardship. This executive order set as a target procurement preference for EPEAT-registered electronic products, and called for specific management strategies to improve sustainability including employing environmentally sound practices for the disposition of all agency excess or surplus electronic products. This executive order called for US General Services Administration (GSA), the White House Council on Environmental Quality, and the Environmental Protection Agency to create the National Strategy on Electronics Stewardship. The National Strategy, released in the summer of 2011, tasked GSA to develop policies for federal agencies to responsibly purchase, manage, and recycle electronics. On March 1, 2012, GSA Administrator Martha Johnson announced new guidelines banning all federal agencies from disposing of electronic waste in landfills. The policy will ensure that the federal government is leading by example and that all of its electronics are managed effectively in the disposal process. The policy will also direct electronics to certified recyclers, creating more opportunities for the e-waste industry. That policy directs federal agencies to reuse electronics to the maximum extent possible and then direct non-functioning products to certified e-waste recyclers. As electronics reach the end of their utility, asset managers will offer these products to be reused at other agencies, schools, state and local governments, or offer them for sale. Federal agencies are being banned from disposing of these materials in landfills or incinerators, and instead they will now send them to third-party certified e-waste recyclers—under R2 or eStewards—when reuse is not an option. Additionally, recipients of used government electronics are being encouraged to follow the same reuse and certified recycling standards as the federal government.

Pending U.S. Federal Legislation

S. 1397: Electronic Device Recycling Research and Development Act
This bill proposes to authorize the Administrator of the Environmental Protection Agency to award grants for electronic device recycling research, development, and demonstration projects, and for other purposes. Introduced 7/06/09 in the U.S. Senate. On 12/10/09, the bill was updated by the Committee on Environment and Public Works. On 7/21/2011 the bill was read twice and referred to the Senate Committee on Finance.

H.R. 1580: The Electronic Waste Research and Development Act
This bill proposes to authorize the Administrator of the U.S. Environmental Protection Agency to award grants for electronic device recycling research, development, and demonstration projects, and for other purposes. Introduced 3/18/09 in the U.S. House of Representatives. Passed the House (4/22/09) and has been received by the Senate (as of 4/23/09). The above link provides the full text of the bill and outlines bill actions.

The following are links to testimony provided before the U.S. House of Representatives Committee on Science and Technology during a hearing on "Electronic Waste: Investing in Research and Innovation to Reduce, Reuse and Recycle," 2/11/09:

If you would like to suggest laws or policies not mentioned above for inclusion on this page, please contact Joy Scrogum.