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Regulatory Compliance Means Going The Extra Green Mile

As the weeks and months (and laws) pass, creating environmentally friendly products gets more difficult as designers try to hit the moving targets of local, federal, and international regulations.

Date Posted: January 29, 2009 12:00 AM

Among other issues, EuP will demand that designers use low-power, more energy- efficient components and assemblies, and power-management devices. Product designers will also have to stay on top of the product categories that get added to the directives as they continue to be reviewed by EU environmental agencies.

In many cases, small incremental changes may not be enough to meet compliance requirements. Most recently, the EU’s Council of Ministers adopted a resolution on the implementation of the EuP directive and energy labeling.

U.S. ROHS LEGISLATION?
What are the chances the United States will adopt legislation even closely comparable to the EU’s RoHS or REACH programs? Unlikely, at least in the near future, according to most analysts who follow global environmental issues.

Perhaps the closest the U.S. Congress will come to RoHS would be to update the nation’s 32-year-old Toxic Substances Control Act (TSCA). The EPA’s Chemical Assessment and Management Program recently said it would update the TSCA inventory of industrial chemicals to more accurately reflect the chemicals currently being produced and imported.

The Environmental Defense Fund has also urged Congress to update the TSCA, and it is pressing companies to proactively eliminate toxic chemicals from their products and develop safer alternatives. “Scrutiny of these chemicals is only going to grow, so chemical companies should support efforts to modernize the decadesold U.S. chemicals policy that has shielded chemicals from needed testing and appropriate control,” says Richard A. Denison, the EDF’s senior scientist.

For the time being, most e-waste (including recycling) rules will continue to be adopted at the local, regional, and state level, with few, much less ambitious, exceptions. In November, for example, the Basel Action Network announced that it will lead the development of a new recycling certification program for North American recyclers of e-waste called the “e-Stewards Initiative.”

The initiative will be developed with the Electronics TakeBack Coalition and 32 electronics recyclers. A full-blown launch is scheduled for this year with plans for an ANSI-ASQ National Accreditation Board certification program with third-party auditing by 2010.

On a broader and higher political level, the U.S. House of Representatives Committee on Energy and Commerce and its Subcommittees on Environment and Hazardous Materials and Oversight and Investigations have launched an investigation of the Environmental Protection Agency’s (EPA) implementation and enforcement of e-waste export regulations. The investigation follows concerns raised by the committee and subcommittee chairmen that most exported e-waste is unregulated and regulations governing the export of CRTs aren’t being properly enforced.

One small victory for e-waste environmentalists is a U.S. Senate bill (S.906) known as the Mercury Export Ban, which prevents companies from sending mercury- tainted trash, much of it e-waste, to developing countries. It was voted into law by the U.S. Senate and signed by President George W. Bush on October 18, 2008. It amends the Toxic Substances Control Act to prohibit the export of elemental mercury (the pure form of mercury) from the United States. President Barack Obama introduced the bill when he was a member of the Senate.

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