The goals of big business and the Federal Government are not always in alignment, but national RoHS and WEEE laws that mirror the European Union's directives are in the best interest of the US electronics industry -- for manufacturers, distributors and end users alike. A look at the current landscape reveals why.
With no national RoHS-style legislation yet proposed (or likely even discussed), California has gone ahead and enacted its own rule (SB20/SB50).
California's RoHS rule is not as comprehensive as the EU directive, doesn't take effect until January 1, 2007, and addresses only 4 of the 6 substances that the EU RoHS addresses (cadmium, lead, mercury and hexavalent chromium). It also only applies to a select group of products sold through California retailers (laptops, CRTs and TVs with screens greater than 4 inches in size). The scope of SB20/SB50, however, is sure to expand over time.
State rules aimed at restricting mercury in consumer products are appearing in such as Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island and New York. These states have established partnerships such as the Interstate Mercury Education and Reduction Clearinghouse (IMERC).
Why are state RoHS and mercury content laws a problem? Increasing and varying state-by-state rules are already causing problems for electronic manufacturers and distributors. The cost of tracking and meeting varying state requirements both now and in the future is almost too staggering to contemplate. Are we going to wait until we have 50 state laws with 50 flavors before we enact a uniform national standard for our industry? Or worse, are we going to wait for major cities to begin enacting their own individual laws?
We're currently out-of-step with other major countries in regard to electronic product rules. Like it or not, the EU is now the worldwide driver of rules affecting our industry. EU RoHS and WEEE (Waste from Electrical and Electronic Equipment) rules are just the beginning. The EU's Energy-using Products (EuP) and Registration Directive, the End-of-Life Vehicle (ELV) Directive, the EU Packaging Directive, and the Registration, Evaluation and Authorization of Chemicals (REACH) directives are also a concern and will have a dramatic impact on our industry.
China and South Korea have recognized the need for national RoHS rules and are implementing regulations similar to those in place in the EU. Both countries want to ensure that their manufacturers meet international standards and are able to continue exporting electronic goods to the EU and the rest of the world. China already manufactures about 25% of the electronic devices imported into the EU. The competitive stakes are high for China and South Korea. The competitive stakes are high for the US as well.
Enacting national RoHS and WEEE rules is an environmentally responsible thing to do. Computers, TVs, and cell phones contain lead, mercury, cadmium, and hexavalent chromium. They also have a shorter life span than ever before. In 1997 the average life span of a computer was 4-6 years; in 2005, it was less than 2 years. Ultimately these products wind up in landfills where the hazardous substances in them can threaten the environment. National RoHS and WEEE laws will provide incentives for removing these substances from new products, and for properly disposing of existing products.
The Government Accountability Office (GAO) estimates that over 100 million computers, monitors and TVs become obsolete each year, and the number is growing. Think about how many TVs will be disposed of when flat screen models dip below $1000. Only a handful of end-of-life TVs and other electronic devices are currently being recycled. The others are being sent to landfills where adverse health and environmental consequences are sure to arise. This is not the kind of press the electronics industry wants or needs.
The stated goal of the EU's WEEE directive is to limit landfill disposal and encourage the recycling of electronic waste (e-waste). On our side of the pond, California, Maine, Maryland and Washington have already enacted WEEE-style laws. Each has taken its own unique approach.
California makes consumers pay an upfront state fee or tax when purchasing an electronic device. The state uses the money collected to pay for the collection, recycling and disposal of end-of-life electronic devices. Maine, Maryland and Washington make it the manufacturers responsibility to take-back and dispose of the electronic devices they sell. Manufacturers and distributors must track and kept abreast of the state-by-state differences in order to assure compliance.
There is pressure building for the government to enact a uniform national e-waste (or WEEE) law. Congress recently had the Government Accountability Office (GAO) conduct hearings and study the e-waste problem. Their report, Strengthening the Role of the Federal Government in Encouraging Recycling and Reuse, was issued in November 2005. The report acknowledged the burden that patchwork state requirements were placing on manufacturers, retailers and recyclers. Their report recommended that a national WEEE-style rule be written.
Thanks in large part to the GAO study, the e-waste problem is now widely recognized on both state and Federal levels. A national e-waste law is being currently considered and is probably not far off. Ironically, nothing comparable (with the exception of California) has been undertaken to restrict the harmful substances present in electronic products in the first place -- during the design phase.
It is likely that before there will be RoHS or WEEE Federal legislation, there first needs to be support and consensus from our own industry.
