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Hazardous Waste
6/25/2009 2:07:57 PM EST
Thomas H. Clarke, Jr.
Critics claim electronic waste legislation has loophole that allows nefarious conduct
Partner, Ropers Majeski Kohn & Bentley
HR 2595 was introduced in the House in May; its laudable objective is to prohibit the export of certain electronic waste (e.g., PC's, servers, monitors, TV's, printers, copiers, video game systems, and other products with circuit boards) to countries that are not members of the OECD or EU [plus Liechtenstein]. See http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.2595:. The concern is the health and environmental impact of a variety of so-called heavy metals, such as lead, cadmium, beryllium, and chromium, which can be dangerous if they are not handled properly.
 
Critics have focused on one term that provides an exception if the recycler states that the electronics are being shipped "for repair or refurbishment." Concern is that dishonest recyclers could abuse the exception. 
 
The legislation is pending in the House Energy & Commerce Committee.

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