Commentary: Why we need federal RoHS and WEEE laws

-- Electronic Business, 6/20/2006

By Paul Tallentire, President, Newark InOne

The goals of big business and the federal government are not always in alignment, but national environmental laws that mirror two European Union directives—the Restriction on Hazardous Substances (RoHS) and Waste from Electrical and Electronic Equipment (WEEE)—are in the best interest of the U.S. electronics industry. 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 (SB 20/SB 50).

California’s RoHS rule is not as comprehensive as the EU directive. The state’s rule doesn’t take effect until Jan. 1, 2007, and it addresses only four of the six substances that the EU RoHS directive addresses (cadmium, lead, mercury and hexavalent chromium). It also applies only to a select group of products sold through California retailers (laptops, CRTs and TVs with screens larger than 4 inches in size). The scope of SB 20/SB 50, however, is sure to expand over time.

State rules aimed at restricting mercury in consumer products are appearing in 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.

Why are state RoHS and mercury content rules not a good idea? Increasing and varying state-by-state rules are already causing problems for electronics 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 are currently out of step with other major countries in regard to electronic product rules. Like it or not, the European Union is now the worldwide driver of rules affecting our industry. EU RoHS and WEEE rules are just the beginning. The European Union’s Energy-using Products and Registration Directive; End-of-Life Vehicle Directive; Packaging Directive; and Registration, Evaluation and Authorization of Chemicals 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 European Union. Both China and South Korea want to ensure that their manufacturers meet international standards and are able to continue exporting electronic goods to the European Union and the rest of the world. China already manufactures about 25 percent of the electronic devices imported into the European Union. The competitive stakes are high for China and Korea. The competitive stakes are high for the United States 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 and will ultimately wind up in landfills where the hazardous substances in them can threaten the environment.

There is pressure building for the government to enact a uniform national e-waste (or WEEE) law. Congress recently instructed the Government Accountability Office (GAO) to conduct hearings on and study the e-waste problem. Its report, “Strengthening the Role of the Federal Government in Encouraging Recycling and Reuse,” was issued in November 2005. The report acknowledges the burden that patchwork state requirements are placing on manufacturers, retailers and recyclers. The report recommended that a national WEEE-style rule be written. One of the industry’s largest trade organizations, the Electronics Industries Alliance, has also called for a uniform WEEE-type law.

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 currently being considered and is probably not far off. This will go a long way toward addressing electronics waste in end products. However, nothing comparable (with the exception of California’s rule) 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 federal RoHS or WEEE legislation, there first needs to be support and consensus from our own industry.

Related information:
Electronic Waste: Strengthening the Role of the Federal Government in Encouraging Recycling and Reuse  Understand RoHS/WEEE