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Message From: Sent: To: Subject: Lynn, Tricia [/0=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=D8747BA49CDE485EA4AC58DBF09C3DCD-TRICIA SLUSSER] 4/24/2018 1:57:34 PM [ Ex. 6 I I_______________________________________________________ I RE: Media Request LinaOn background: LWfaat is e-waste? As described in the National Strategy for Electronic Stewardship(https://www.epa.gov/sites/production/files/201509/documents/national strategy for electronic stewardship O.pdf) by the Interagency Taskforce on Electronic Stewardship, "e-waste," "electronic waste," "electronics waste," "e-scrap," and "end-of-life electronics" are tenns that are often used to describe used electronics that are nearing the end of their useful life, and are discarded, donated or given to a recycler. The term "e-waste" and similar terms are commonly used in many parts of the world, however, "e-waste" should be considered a subset of "used electronics" that is actually wasted (or improperly managed) and is not reused or recycled. Used electronics that can be reused, refurbished, or recycled as scrap, can be a valuable source of used parts and/or raw materials (e.g., gold, copper, plastic), which can be returned to the supply chain to reduce overall waste - in this case they would not be considered ewaste. While EPA does not have an official definition of e-waste, used electronics, or scrap electronics, we do have a report, Advancing Sustainable Materials Management Facts and Figures (https://www.epa.gov/facts~and~ figures-about-materials-waste-and-recvcling/advancing-sustainable-materials-managemenfK which characterizes the following as consumer electronics: televisions, VCRs, DVD players, cameras, stereos, telephones, and computer equipment. However, with the continued expansion, evolution and change of what are considered electronics, this characterization is limited in its scope. Advancing Sustainable Materials Management: Facts and Figures Report | US EPA www.epa.gov Each year EPA releases the Advancing Sustainable Materials Management Facts and Figures report formerly called Municipal Solid Waste in the United States: Facts and Figures. It includes information on Municipal Solid Waste generation, recycling, an 2. What is the problem with Right to Repair and how does that affect e-waste? EPA does not have a stance on right to repair legislation. Sierra Club v. EPA 18cv3472 NDCA Tier 13 ED 002061 00016980-00001 Through EPA's Sustainable Materials Management (SMM) program we support using the materials that make up electronics as long as possible through effective and efficient use, reuse and recycling. We also encourage product longevity through our involvement in voluntary standards development initiatives, including EPEAT (Electronic Product Environmental Assessment Tool). EPEAT is an international standard for green electronics available in 43 countries, with over 114 million registered products in 2012. To find out more about EPEAT products, go to:http://greenelectronicscouncil.org/epeat/epeat-overview/. EPEAT Overview | Green Electronics Council greenelectronicscouncil.org Advisory Council The EPEAT Advisory Council is a non -fiduciary body formed to provide input and advice to EPEAT management The Green Electronics Council manages the EPEAT system. 3. What contributes to e-waste? E-waste encompasses a wide range of discarded electronic devices such as computers, mp3 players, televisions, cell phones, head phones, e-readers, etc. Just one computer can contain hundreds of chemicals, including gold, silver, palladium, lead, mercury, cadmium, brominated flame retardants (BFRs) and polyvinyl chloride (PVC). 4. Are the recycling programs that currently exist enough to correctly recycle e-waste? As you may know, there is no Federal mandate to collect and recycle e-waste. Twenty-five states have mandatory electronics collection and recycling programs governing the take-back of used electronic products. For more information on individual states' e-waste legislation, visit: http://www.electronicsrecycling.org/public/contentpage.aspx7pageidM4. EPA. encourages consumers to donate and recycle their used electronics. You can learn about where to donate and recycle your e-waste by visitinghttp://www.epa.gov/epawaste/conserve/materials/ecvcling/donate.htm EPA also works in a voluntary' capacity with electronics manufacturers, brand owners and retailers in the Sustainable Materials Management (SMM) Electronics Challenge to encourage the increased collection of used electronics and the use of certified electronics recyclers. To find out more about the SMM Electronics Challenge, go to: https://www.epa.gov/smm-electronics/sustainable-materials-management-smm-electronicschallenge-recognition-and-awards. To find out more about certified recyclers, go to: https://www.epa.gov/smmelectronics/certified-electronics-recyclers. Sustainable Materials Management (SMM) Electronics... www.epa.gov Sierra Club v. EPA 18cv3472 NDCA Tier 13 ED 002061 00016980-00002 ln 2016, the combined efforts of the Sustainable Materials Management (SMM) Electronics Challenge participants achieved notable environmental results. By rethinking business as usual and committing to innovative and responsible end-of-iife electronics management, Electronics Challenge participants ... Certified Electronics Recyclers | Sustainable Management... www.epa.gov Learn how ERA encourages ail electronics recyclers become certified by demonstrating to an accredited, independent third-party auditor and that they meet specific standards to safely recycle and manage electronics. According to EPA's most recent Advancing Sustainable Materials Management Facts and Figures report 2014, approximately 41.7 percent of TVs, computer products, cell phones and other electronics that were ready for end-of-life management were collected for recycling. The annual report also shows that the quantity of used electronics generated has grown slightly since 2010. In addition, some electronics (such as color CRT computer monitors, color CRT TV tubes, and smaller items such as cell phones and other hand-helds) test as hazardous under Federal law. If they do, they are subject to special handling requirements under Federal law, subject to certain exemptions. It is the generators' responsibility to determine if their materials are hazardous waste. EPA encourages the reuse and recycling of used electronics, including those that test as hazardous. To facilitate more reuse and recycling of these products, EPA has less stringent management requirements for products bound for reuse and recycling. To learn more about EPA's specific requirements, seehttp://www.epa.gov/epawaste/conserve/materials/ecvcling/rules.htm. Reduce, Reuse, Recycle | US EPA www.epa.qov Consumer information about reducing, reusing, and recycling materials. EPA encourages all electronics to be recycled by a certified electronics recycler. Responsible electronics recyclers and refurbishers can become certified by demonstrating to an accredited, independent third party that they meet available standards on responsible recycling practices. Currently two accredited certification standards exist: the Responsible Recycling Practices (R2) and the e-Stewards standards. EPA encourages all electronics recyclers to become certified and all customers to choose certified recyclers. Both standards require recyclers to follow the waste management hierarchy, which prioritizes repair and reuse over recycling. 5. What are the harms of e-waste? Electronics are complex devices which are made of a wide variety of material constituents. Some of the constituents, such as lead, nickel, cadmium, and mercury, could pose risks to human health or the environment Sierra Club v. EPA 18cv3472 NDCA Tier 13 ED 002061 00016980-00003 if mismanaged at their end-of-life. EPA is very concerned about ensuring the proper management of used electronics, both domestically and abroad. We strongly support keeping used electronics out of landfills to recover materials and reduce the environmental impacts. Electronics are made from valuable resources, such as precious metals, copper, and engineered plastics, all of which require considerable resources to process and manufacture. As for managing electronics disposed in landfills, we believe that the disposal of electronics in properly managed U.S. municipal solid waste landfills does not threaten human health and the environment. However, disposal of electronics that are not properly managed may cause harm to human health or the environment. 6 .1 was searching online that some e-waste through American recycling programs end up in foreign countries and aren't actually recycled. Could you elaborate on that? EPA is aware that some used electronics that are collected for reuse or recycling in the United States may be exported. While these used electronics are often considered "e-waste," many are still reusable, repairable or refurbishable and therefore, not actually waste. These materials are whole electronic equipment or parts that are readily marketable for reuse. This reuse avails many people in developing countries with information technology that would otherwise be unaffordable for them. Used electronics that are de-manufactured (broken down) and processed in the U.S. into different commodity streams such as plastics or metals make up another large portion of materials exported. Much of this material ends up at recycling facilities that manage the material in an environmental sound manner in accordance with the requirements of the importing country. These scrap commodities are in high demand overseas as raw materials for manufacturing. Export commodity classification codes, also known as Schedule B codes, are reported as part of the Electronic Export Information (EEI) in the Automated Export System in accordance with U.S. Census Bureau regulations in 15 Code of Federal Regulations (CFR) 30. Public data on total shipments exported are available athttps://usatrade.census.gov/. Since the Schedule B codes do not generally differentiate between new electronics equipment and used electronics equipment, there is a general lack of detailed information on the flows and volumes of used electronics leaving and entering the United States. There are, however, a few studies that characterize the flow of used electronics out of the United States, including: USA Trade Online * Home usatracle.census.gov #1 source for current population data and the latest Economic Indicators. Households to Business to Government Income & Spending, Race by Sex by Age or poverty & health insurance data. Quantitative Characterization o fDomestic and Transhoundary Flows o f Used Electronics Analysis o f Generation, Collection, and Export in the United States. Massachusetts Institute of Technology and the Solving the E-waste Problem (StEP) Initiative, 2013. Available at: http://www.stepinitiative.org/files/step/ documents/MITNCER%20US%20Used%20Electronics%20Flows%20Report%20-%20December%202013.pdf. Sierra Club v. EPA 18cv3472 NDCA Tier 13 ED 002061 00016980-00004 Analysis of Generation, Collection, and Export in the ... www.step-initiative.org Quantitative Characterization of Domestic and Transboundary Flows of Used Electronics . Analysis of Generation, Collection, and Export in the United States Quantitative Characterization o f Domestic and Transhoundary Flows o f Used Electronic Products. Case Study: Used Computers and Monitors in North America. Montreal, Canada: Commission for Environmental Cooperation, 2016. Available at http://www3.cec.org/isiandora/en/item/11673quantitative-characterization-domestic-and-transboundary-flows-used-electronic. Quantitative Characterization of Domestic and ... www3.cec.org Quantitative Characterization of Domestic and I ransbounda ry Flows of Used Electronic Products Case Study: Used Computers and Monitors in North America Used Electronics Products: An Examination o f US. Exports. The US International Trade Commission (ITC), 2013. Available athttps://www.usitc.gov/publications/332/pub4379.pdf. United States International Trade Commission www.usitc.gov Sierra Club v. EPA 18cv3472 NDCA Tier 13 ED 002061 00016980-00005 Address all communications to Secretary to the Commission United States International Trade Commission Washington, DC 20436 U.S. International Trade Commission With respect to exports of electronic waste that is regulated as hazardous waste, specific requirements apply under U.S. law and regulations help ensure that shipments are tracked, received and recycled or disposed under terms agreed to by the country of import. A summary of these requirements is provided below. The U.S. law that governs the management of solid and hazardous waste is the Resource Conservation and Recovery Act (RCRA). Under RCRA and its implementing regulations, certain used electronics, such as used cathode ray tubes (CRTs), may be regulated as hazardous waste. (Hazardous waste under RCRA is a subset of the larger universe of wastes referred to as "solid wastes". Hazardous wastes are wastes that EPA has identified as posing particular risks to human health and the environment, and therefore are regulated more stringently than non-hazardous solid waste.) Under RCRA, U.S. exports of hazardous e-waste are subject to specific requirements that include tracking and documenting the final disposition of shipments. Specifically, exports of hazardous waste are subject to the notification and consent process whereby a shipment is only allowed after the importing country and transit countries give consent. Furthermore, exporters and importers are subject to requirements to track each shipment (i.e., RCRA manifest and international movement document) and confirm its receipt and completion of recovery or disposal (i.e., confirmation of receipt and confirmation of recovery or disposal documentation). Exporters are also required to file annual reports to EPA documenting the actual export shipments made the previous calendar year. If exporters do not receive written confirmation that a shipment is received, they must file an exception report with EPA documenting the situation. These requirements help ensure that hazardous waste shipments are received and recycled or disposed at the foreign destination facility in accordance with the terms of the consent provided by the importing country. You can find more information about these requirements on our webpage at https://www.epa.gov/hwgenerators/information-exporters-resourceconservation-and-recovery-act-rcra-hazardous-waste andhttps://www.epa.gov/hwgenerators/information~ importers-and-receiving-facilities-resource-conservation-and-recovery-act as well as in the Code of Federal Regulations at 40 CFR 262 Subpart H. Information for Exporters of Resource Conservation and ... www.epa.qov EPA finalized a number of changes to the hazardous waste import-export regulations, which are effective on December 31, 2016. The language on this Web page reflects those changes. Read more about the revisions rule Compliance Date for Automated Export System Filing Announced Exporters of RCRA ... Information for Importers and Receiving ... - US EPA www.epa.gov Sierra Club v. EPA 18cv3472 NDCA Tier 13 ED 002061 00016980-00006 Information for importers of hazardous waste from Canada, Chile, Mexico, or non-OECD countries who are subject to the hazardous waste generator and importer requirements described in 40 CFR Part 262 Subpart A - D and Fo under RCRA Electronic waste that is not regulated as hazardous under RCRA is not subject to the RCRA hazardous waste export requirements described above. 7. Are natural resources being used up too quickly to create new electronics? To ensure that we have the resources available to continue to create new electronic products well into the future, we strongly support keeping used electronics out of landfills to recover materials and reduce the environmental impacts. Electronics are made from valuable resources, such as precious metals, copper, and engineered plastics, all of which require considerable energy to process and manufacture. Recycling electronics recovers valuable materials and as a result, we reduce pollution, save energy, and save resources by extracting fewer raw materials from the earth. The USGS Mineral Resources Program may be a good resource to find out more about the supply of materials to make electronics in the future. The USGS Minerals Information Web site is http://minerals.usas.gov. Manufacturers who design our future electronics know what materials they will use in electronics in the future. You may wish to reach out to the Consumer Technology Association {https://www.cta.tech/) to understand what materials will be used for future electronics. CTA - home www.cta.tech Policy Legislative and regulatory pitfalls suffocate the innovation that stimulates our industry. CTA brings a strong, collective voice to advocate on behalf of the entrepreneurs, technologists and innovators who mold the future of the consumer technology industry. For more information on Certification Programs for Recyclers, visit http://www.epa.goV/wastes/consen/e/materials/ecycling/certification.htm. Best, Tricia Sierra Club v. EPA 18cv3472 NDCA Tier 13 ED 002061 00016980-00007 TOOUr.ffiSffciicc.iaeeE:LPo2yfA0nP2nu.5b6li4c.A26ff1a5irs From: Lina Kavaj Ex. 6 Sent: Monday, Aprn"i672018 ll:2 3 PM To: Adrian, Stephanie <Adrian.Stephanie@epa.gov> Subject: Media Request I am Lina Kaval, an online editor for the Lakota East Spark. I am trying to write a story on e-waste and recycling. I was hoping you could be a source for my story. If you could respond to these questions below or if you would rather have a phone interview, please let me know. 1. What is e-waste? 2. What is the problem with Right to Repair and how does that affect e-waste? 3. What contributes to e-waste? 4. Are the recycling programs that currently exist enough to correctly recycle e-waste? 5. What are the harms of e-waste? 6. I was searching online that some e-waste through American recycling programs end up in foreign countries and aren't actually recycled. Could you elaborate on that? 7. Are natural resources being used up too quickly to create new electronics? If you know anything else that might be an interesting aspect of e-waste to right about, please include that as well. Thanks, Lina Sierra Club v. EPA 18cv3472 NDCA Tier 13 ED 002061 00016980-00008