Information about http://www.deq.state.or.us/lq/pubs/docs/oerp/OERPEnvironmentalManagementPractices.pdf
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Tags: contractor program, deq, electronic waste, electronics recycling, environmental management practices, financial assurances, liability insurance, performance audits, portable computers, recycled materials, recycling services, recycling system, responsible management, safety requirements, sound management practices, state contractor, statewide collection, table below lists, transportation section, worker health,Pages: 11
Language: english
Created: Wed Jun 18 11:13:34 2008
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FINAL
OREGON ELECTRONICS RECYCLING PROGRAM
ENVIRONMENTAL MANAGEMENT PRACTICES
Oregon's Electronics Recycling Law enacted in 2007 (House Bill 2626) creates
and finances a statewide collection, transportation, and recycling system for
desktop computers, portable computers, monitors, and televisions (covered
electronic devices or CEDs). Manufacturers of CEDs sold or offered for sale in
Oregon must either manage their own collection and recycling programs under a
plan approved by DEQ or participate in the State contractor program established
under this new law. These programs must use environmentally sound management practices
for the collection, transportation, and recycling of CEDs.
"Environmentally sound management practices" are defined as:
[P]ractices that comply with all applicable laws, including but not limited to adequate
record keeping, tracking the fate of recycled materials, performance audits and
inspections, provisions for reuse and refurbishment, compliance with worker health and
safety requirements, maintaining liability insurance and financial assurances.
This document describes environmentally sound management practices for collection,
transportation, and recycling services provided under the State contractor program. These
practices will also serve as guidance to DEQ staff evaluating the plans and services of
manufacturer-run programs. Manufacturers' Environmental Management Practices that
substantially incorporate these elements will be presumptively approvable by DEQ.
OERP Environmental Management Practices
The table below lists responsible management strategies (Section 1) and specific practices for
the collection (Section 2), transportation (Section 3), and recycling (Section 4) of electronic
waste.
PRACTICE APPLICABLE
ACTIVITY
SECTION 1: RESPONSIBLE MANAGEMENT STRATEGIES
a) Consider and incorporate where practical the hierarchy of
solid waste management for CEDs and CED components.
1) Reuse and refurbish Screen for whole units at the point
of collection.
2) Recycle
I. As appropriate, dismantle, and/or mechanically
process, and separate CEDs, CED components, and
materials into separate streams based on principles of
effective (value generating and waste minimizing) for
safe recovery of materials.
II. Send separated materials for recovery of raw materials
at facilities that use technologies and processes that
have been determined to be protective of health,
safety, and the environment.
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3) Energy Recovery and Disposal Manage any residual
that cannot safely or technically be reused, refurbished, or
recycled by further separating for energy recovery or
disposal in a safe manner in accordance with applicable
laws.
b) Periodically evaluate management strategies to incorporate
new, more effective technologies and continuously improve
practices and processes where feasible within the context of
the hierarchy.
SECTION 2: COLLECTION
1. Fees Collection
CEDs collected for the OERP must be collected from covered
entities free of charge except for the following services:
Premium services as described in an approved plan to cover the
costs not paid by the State contractor or manufacturer program.
2. Legal requirements Collection
In addition to the requirements in this document, collectors must:
a) Not dispose of whole CEDs through landfilling or
incineration, beginning January 1, 2010.
b) Comply with all applicable local, state, and federal
requirements, including but not limited to environmental,
health, and safety requirements;
c) Notify DEQ if their facility receives a fine or notice of
violation that is not corrected within 30 days; and
d) If exporting, comply with all legal requirements that are
applicable to the importation, operations, and transactions
of each transit and recipient country and document its
downstream vendors' adherence to such legal
requirements.
3. Service standards Collection
When providing collection services for the OERP, the collector
must:
a) Staff the site during operating hours;
b) Provide covered storage areas so that the collected CEDs
are protected from the weather;
c) Handle and store CEDs to minimize breakage;
(A)Cleanup spilled and broken CEDs immediately;
manage according to established solid waste
management laws and regulations;
(B) Adhere to good housekeeping standards, including
keeping all storage areas clean and orderly.
d) Make available CED recycling information that is provided
by the program(s) for which the collector is providing
services or from the DEQ; and,
e) Cooperate, when needed, with CED sampling efforts
conducted by the State contractor and manufacturer
recycling programs.
4. Reuse and refurbishment Collection
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When screening CEDs for reuse or refurbishment, collectors
must:
a) Post, in a readily visible location, information that informs
covered entities that the CEDs are screened for reuse or
refurbishment;
b) Follow the generator's preference if the covered entities
indicate they do not want their CEDs reused or
refurbished;
c) Triage and screen appropriately for reuse or refurbishment;
d) Track separately the number of screened units which are
sent for reuse and refurbishment;
e) Ensure that CEDs designated for reuse and refurbishment
are packaged in a manner that minimizes damage them
during transportation; and
f) Obtain written certification from the vendor(s) that the
screened units are going for reuse and refurbishment and
that the unusable units will be recycled using
environmentally sound management practices as
described herein.
g) Store whole products, components, and equipment
destined for reuse or refurbishment in a manner that:
I. Protects them from adverse atmospheric
conditions and floods;
II. Is secure from unauthorized entrance; and
III. Is in clearly labeled containers and/or storage
areas.
5. Recordkeeping Collection
Comply with applicable state and local recordkeeping
requirements, including Oregon Material Recovery Survey
reporting requirements (OAR 340-090-0100), and any CED
reporting and tracking requirements for the OERP.
a) Track CEDs, either by weight or number of units, coming
from covered entities separately from non-covered entities.
b) Track and maintain documentation where outgoing CEDs
are sold, shipped or transferred.
6. Authorizing access Collection
A collector must allow access to DEQ or their authorized third
party representative for purposes of conducting
sampling/counting to determine return share or assessing
compliance with these EMPs.
7. Multiple programs Collection
A collector may provide service to more than one program. The
collector must maintain records of the number or weight of CEDs
collected separately for each program.
8. Insurance Collection
Possess adequate comprehensive or commercial general liability
insurance to cover potential risks and liability associated with the
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nature and size of the collector's operations.
9. Site management Collection
Accumulating CEDs, components, or materials derived from
CEDs that are in need of further off-site processing for more than
180 days without recycling at least 75% of what was accumulated
at the beginning of that period may be considered speculative
accumulation and operating a storage or disposal facility under
OAR Chapter 340, Divisions 93 97 and may require a solid
waste or hazardous waste permit.
SECTION 3: TRANSPORTATION
1. Legal requirements
Ensure that all transportation of CEDs and CED components Transportation
complies with all applicable transport laws and rules.
SECTION 4: RECYCLING
1. Legal requirements Recycling
a) Comply and maintain compliance with all applicable federal,
state, and local environmental, health, and safety legal
requirements.
b) If exporting, comply with and be able to document compliance
with all laws of the transit and recipient countries applicable
to operations and transactions in which it engages.
c) a) and b) above include, but are not limited to, applicable legal
requirements relating to:
1) Waste and recycling processing, storage, handling, and
shipping;
2) Air emissions and waste water discharge, including storm
water discharges;
3) Worker health and safety; and
4) Transboundary movement of electronic equipment,
components, materials, waste, or scrap for reuse,
refurbishment, recycling, or disposal.
d) Upon request from a customer, make available to the
customer information about any fines, regulatory orders, or
violations received in the previous three years related to the
requirements outlined in the EMPs. For any subsequent
fines or regulatory orders, make that information available
within 60 days after any subsequent fines or regulatory
orders are issued.
2. Environmental, health, and safety management systems Recycling
(EHSMS)
a) Develop, document, implement, and update at least annually
an EHSMS. The written EHSMS includes the following:
1) Written goals and procedures to systematically manage
environmental, health, and safety matters.
2) Use a "plan, do, check, act" model that identifies
environmental and health risks and requirements,
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implements operational controls, and provides corrective
action procedures. 1
3) Plan for responding to and reporting exceptional releases,
accidents, spills, fires, explosions, and other out-of-the-
ordinary events that pose risks to worker safety, public
health, or the environment. Provide plan to all appropriate
emergency responders.
4) Procedure for identifying and evaluating the
environmental, health, and safety impacts of downstream
vendors and for using this information in the selection of
downstream vendors.
5) Consistency with generally recognized standards that
cover environmental and worker health/safety
management such as ISO 14001, the International
Association of Electronics Recyclers (IAER) certification
standard, or the Recycling Industry Operating Standard
(RIOS), or a similarly rigorous in-house standard.
b) Ensure all workers understand and follow the portions of the
EHSMS relevant to the activities they perform.
3. Recordkeeping Recycling
a) Maintain business records sufficient to demonstrate the
material flow of the CEDs, components, and materials that
pass through the recycler's facility. This can be done by:
1) Maintaining commercial contracts, bills of lading, or other
commercially-accepted documentation for all transfers of
CEDs, components, and materials into and out of the
facility, including brokering transactions.
2) Keeping documentation for at least three years.
4. On-site operating practices Recycling
a) General
1) Possess the expertise and capability to process each type
of equipment, component, and material it accepts in a
manner protective of worker safety, public health, and the
environment.
2) Use safe materials handling, storage, and management
practices, including good housekeeping standards and
1
Elements of this model include: Plan (a) Identify environmental and worker health/safety impacts and legal and regulatory
requirements; (b) Establish environmental goals, objectives, and targets; (c) Plan actions that work toward achieving
identified goals; (d) Plan for emergency preparedness and response; and (e) Identify management support. Do (a) Establish
roles and responsibilities for the EHSMS and provide adequate resources; (b) Ensure staff are trained and capable of carrying
out responsibilities; and (c) Establish a process for communicating about the EHSMS. Check (a) Monitor key activities and
track performance; (b) Identify and correct problems and prevent recurrence; and (c) Provide a measurement system. Act
(a) Conduct annual progress reviews; (b) Act to make necessary changes to the EHSMS; (c) Create and implement an action
plan for continual improvement.
2
Risks posed by exposure to substances may arise in a variety of situations sometimes involving substances that do not
under ordinary conditions pose a risk to worker safety or the environment. Substances, for example, may include mercury,
lead, beryllium, cadmium, PCBs, some phosphor compounds, certain brominated flame retardants (i.e. polybrominated
biphenyls, pentabrominated diphenyl ether, and octabrominated diphenyl ether), silica dust, chlorinated or brominated
dibenzodioxins and dibenzofurans, and hexavalent chromium.
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keeping all work and storage areas clean and orderly.
3) Comply with all applicable federal and state OSHA
standards.
4) Designate an employee or consultant to coordinate and
promote worker health and safety.
5) Use a certified scale to weigh CEDs that are reported as
recycled through the OERP.
b) Workforce and environmental protection
1) Conduct on an ongoing basis a hazards identification and
assessment of occupational and environmental risks that
exist or could reasonably be expected to develop at the
facility. Such risks, for example, could result from sources
such as emissions of and/or exposure to substances,2
noise, ergonomic factors, thermal stress, substandard
machine guarding, cuts and abrasions, etc. The hazards
identification and assessment is captured in writing and
incorporated as a component of the EHSMS.
2) Manage the hazards and minimize the releases identified
using an appropriate combination of strategies, including
but not limited to the following:
I. Engineering controls such as:
a) Substitution (e.g. replacing a toxic
solvent with one less toxic),
b) Isolation (e.g. automating a process to
avoid employee exposure), or
c) Ventilation and, if appropriate, capture
(e.g. fume hood),
d) Dust control, capture, and clean up, and
e) Emergency shut-off systems, and
f) Fire suppression systems,
II. Administrative and work practice controls
including appropriate combinations of:
a) Regular, documented health and safety
training that covers information from the
hazardous assessment, safe
management handling, spill prevention,
engineering controls, equipment safety,
and use and care of personal protection
equipment; with training for new hires
and refresher courses for all employees
that is understandable to them given
language and level-of-education
considerations,
b) Job rotation as feasible given workforce
size,
c) Safe work practices,
d) Medical surveillance,
e) Safety meetings.
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III. Personal protective equipment, such as
respirators, protective eyewear, cut-resistant
gloves, etc. as appropriate for the risks involved
and the tasks being performed.
Incorporate hazard management strategies as a
component of the EHSMS.
3) Use monitoring and sampling protocols to provide
assurances that the practices employed are effectively
and continuously managing the risks identified. This
includes complying with all applicable Federal or State
OSHA standards and permissible exposure limits (PELs)
for sampling and/or monitoring.
4) Treat the workforce, including volunteer workers,
temporary workers, and anyone else performing activities
in a recycling facility, using the standard of care described
in section 2) of this provision.
5) Designate a qualified employee or consultant to
coordinate promotion of worker health and safety. This
individual is identified to all employees and two-way
communication is encouraged between employees and
this individual regarding potential hazards and how best to
address them.
c) Materials separation and processing
1) Materials of concern include the following:
a. Any mercury bearing lamps or devices or PCBs;
b. Batteries;
c. Cathode ray tubes (CRTs) and leaded glass; and
d. Circuit boards
2) Separate CEDs and CED components that are or contain
materials of concern that would pose risk to worker safety,
public health, or the environment during subsequent
processing; or
3) If processed prior to removal, store processed materials of
concern in containers sufficient to prevent a release to the
environment or threat to human health, and handle them in
a manner consistent with the regulatory requirements that
apply to the items, or any substances contained in them, in
a secured, sheltered enclosure with an appropriate
catchment system as warranted. Cover or otherwise
effectively separate battery terminals during storage and
shipment to prevent short circuiting.
d) Storage
1) Store materials of concern as described in c) above in a
manner that:
I. Protects them from adverse atmospheric conditions
and floods and, as warranted, includes a
catchment system;
II. Is secure from unauthorized entrance; and
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III. Is in clearly labeled containers and/or storage
areas.
2) Store whole products, components, and equipment
destined for reuse in a manner that:
IV. Protects them from adverse atmospheric
conditions and floods and, as warranted, includes a
catchment system;
V. Is secure from unauthorized entrance; and
VI. Is in clearly labeled containers and/or storage
areas.
e) Through training and preparation be able to immediately
implement response practices designated in the facility's
EHSMS to report and address any releases that could pose a
risk to worker safety, public health, or the environment
including emergencies such as accidents, spills, fires, and
explosions.
f) Manage materials of concern both on-site and in the
selection of downstream vendors to which materials of
concern, or whole or shredded equipment or components
containing materials of concern, are sent using the practices
described in this subsection 4.
5. Separation and recycling of materials Recycling
a) Dismantle, separate, or mechanically process, as
appropriate, the CEDs and components from which raw
materials are to be recovered into separate "streams" as
appropriate to generate value, minimize waste, and enable
safe management through to final disposition.
b) Conduct due diligence, or use documented due diligence that
others have performed, on each downstream vendor sent
materials for recovery by obtaining a written contractual
commitment, or a written certification from the vendor, or
other certified documentation, such as an audit report
prepared by a certified auditor, that they have verifiable
records demonstrating they meet the EHSMS practices
outlined in subsection 2, and are in compliance with its
environmental and worker safety legal obligations.
c) Accumulating CEDs, components, or materials derived from
CEDs that are in need of further off-site processing for more
than 180 days without recycling at least 75% of what was
accumulated at the beginning of that period may be
considered speculative accumulation and operating a storage
or disposal facility under OAR Chapter 340, Divisions 93 97
and may require a solid waste or hazardous waste permit.
6. Management of residuals from CED recycling. Recycling
b) Direct materials with high BTU value to energy recovery
only if the energy recovery facility is designed to safely
manage any "materials of concern" and the substances
they contain.
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c) Materials and residuals from processing that cannot be
reused or recycled may be disposed of at solid waste
landfills or incinerators, and the landfill or incinerator
receiving the material is operating in compliance with all
applicable permits and laws, and the materials are not
determined to be a hazardous waste, requiring
management at a hazardous waste facility.
d) If the stream being managed contains any materials of
concern, ensure any by-products or wastes produced at
the facility are managed safely.
7. Due diligence downstream Recycling
a) Implement practices that establish and maintain a written
record, such as shipping documents, database extracts, or
other documents that identify where any CEDs, components,
or materials (including materials of concern) that are recycled
from the time the equipment, components, or materials leave
the facility through to the point at which materials become a
single material commodity suitable for final processing.
b) Obtain from each downstream vendor where materials and
materials of concern are sent, a written contractual
commitment and verifiable business records or a third-party
audit, or use documented due diligence that others have
performed, verifying that the downstream vendor conforms to
the following practices in this document:
1) Legal requirements in subsection 1.
2) EHSMS in subsection 2.
3) Recordkeeping in subsection 3.
4) Operating practices in subsection 4.
5) Separation and recycling of materials in subsection 5.
6) Management of CED components and materials that are
not reused or recovered in section 6.
c) Obtain a written statement from immediate downstream
vendors where CEDs, components, materials, or materials of
concern are sent that those vendors maintain written
documentation of where materials go when they leave their
facility in order to assure a downstream chain of
documentation is in place.
d) Maintain access to the downstream chain of documentation
through to the point at which CEDs, components, materials,
and materials of concern become a material suitable for final
processing and review downstream vendors' conformity to the
practices listed in b) above. Check conformity at least every
two years and more frequently if changes in circumstances
warrant.
8. Insurance Recycling
a) Possess adequate comprehensive or commercial general
liability insurance to cover potential risks and liability
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associated with the nature and size of the recyclers'
operations including coverage for:
1) Bodily injury,
2) Property damage,
3) Pollutant releases,
4) Accidents, and
5) Other emergencies
9. Closure plan and financial responsibility Recycling
a) Prepare and keep current a written plan for facility closure and
a sufficient financial instrument (e.g. bonds, trust fund, or
letter of credit) that assures proper closure of the facility and
assures against abandonment of any CEDs, components, or
materials at the facility.
10. Data sanitization/destruction Recycling
a) Data sanitization or destruction is not required.
b) If a recycler does sanitize or destroy data on hard drives and
other data storage devices for its customers, adherence to the
National Institute of Standards and Technology (NIST)
Guidelines for Media Sanitation or certification by the National
Association of Information Destruction (NAID) or other
generally-accepted programs is recommended.
c) If a recycler does sanitize or destroy data on hard drives and
other data storage devices for its customers, the recycler
should document data destruction processes and procedures.
11. Facility security Recycling
a) Provide a functioning security program that controls access to
all or parts of the facility in a manner appropriate given the
type of equipment handled and the needs of the customers
served.
b) The program, for example, may include such things as photo
ID, visitor logs, video surveillance, locked doors, receptionist,
security guards, perimeter fencing, securing dock and bay
areas when not in use, locking gates and doors to storage
and processing areas, and adequate lighting inside and
outside of facility.
DEFINITIONS
Collection: Means receiving, sorting, screening and preparing for transportation CEDs from
covered entities. Collection does not include recycling, reuse, or refurbishment activities.
Collector: Means an entity that conducts and is responsible for collection activities.
Covered Electronic Device (CED): Includes:
a) Computer monitor of any type with a viewing area greater than four inches
measured diagonally;
b) Desktop or portable, including a notebook, computer; and
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c) Television of any type with a viewing area greater than four inches measured
diagonally.
Does not include:
a) Any part of a motor vehicle;
b) Any part of a larger piece of equipment designed and intended for use in an
industrial, commercial, or medical setting, such as diagnostic, monitoring, or control
equipment;
c) Telephones or personal digital assistants unless they contain a viewing area greater
than 4 inches measured diagonally; and
d) Any part of a clothes washer, clothes dryer, refrigerator, freezer, microwave oven,
conventional oven or range, dishwasher, room air conditioner, dehumidifier, or air
purifier.
Downstream Vendor: Any entity to which a collector or recycler transfers used or end-of-life
CEDs, components, or materials for demanufacturing, processing, materials recycling, energy
recovery, and disposal.
Materials of Concern: Include each of the following, and any CEDs or component, or any
aggregate material(s) derived from end-of-life CEDs or components (e.g. shredded,
granulated, or mixed materials) containing:
a) Any devices, including fluorescent tubes, containing mercury or polychlorinated
biphenyls (PCBs)
b) Batteries
c) Cathode Ray Tubes (CRTs) and leaded glass
d) Circuit boards
These items are included because of their potential for improper handling or
management that could result in risk to worker safety, public health, or the environment.
Recycler: Means someone who is conducting recycling activities for the OERP.
Recycling: Means processing through disassembling, dismantling, shredding, transforming, or
remanufacturing CEDs, components, and by-products into usable or marketable raw materials
or products in a manner such that the original products may lose their identity. Recycling does
not include collection, direct reuse of CEDs, refurbishing, energy recovery, or disposal.
Refurbish: Means to repair a used CED in order to restore or improve it so that it may be used
for the same purpose for which it was originally designed.
Reuse: Means any operation by which a CED or component of a CED changes ownership and
is used, as is, for the same purpose for which it was originally purchased.
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