Notice of Intent to Adopt Regulations and to Hold a Public Hearing

Pursuant to sections 4-168 and 22a-6 of the Connecticut General Statutes, the Acting Commissioner of Environmental Protection hereby gives notice of her intent to adopt sections 22a-630(d)-1 and 22a-638-1 of the Regulations of Connecticut State Agencies. These regulations are being proposed under the authority of sections 22a-6, 22a-630(d) and 22a-638 of the Connecticut General Statutes.

The proposed rules concern the recycling of electronic wastes. These wastes contain a number of hazardous constituents, including, but not limited to, lead, mercury, cadmium, nickel, and zinc. Currently, electronic wastes may end up being discarded with municipal solid waste or in other places where their hazardous constituents may threaten human health or the environment. In addition, materials used to manufacture electronics are valuable and can be reused to make other products when recycled. Recycling conserves natural resources and reduces greenhouse gas emissions, two important goals of the State Solid Waste Management Plan.

To address this issue, the Connecticut General Assembly enacted chapter 446n of the Connecticut General Statutes and authorized the Commissioner to establish regulations to carry out the provisions of this chapter. Chapter 446n and the proposed regulations establish a program to facilitate the collection, transportation, reuse and recycling of televisions, computers, monitors, and printers (referred to as “covered electronic devices” or “CEDs”) generated by households in the state of Connecticut. The program will help facilitate the recycling and reuse of valuable material resources. In addition, this program implements the tenets of full product stewardship in that the manufacturers of CEDs remain responsible for the disposition of their products at the end of their useful life.

Under the proposed program, Connecticut’s municipalities will provide a convenient and accessible place to collect CEDs, at no cost to households. Covered electronic recyclers or “CERs”, approved by the Department, will perform or arrange for the transportation and recycling or reuse of CEDs and will be reimbursed for their costs by manufacturers. Payments by manufacturers will either be based upon their share of CEDs being returned or their market share depending upon the CED. The Department will oversee various aspects of the program, including, but not limited to, outreach and education, licensing of CERs, registration of manufacturers, as well as other tasks necessary for implementation of the program. The Department’s administrative costs will also be borne by the manufacturers based upon their market share. Manufacturers remain free to establish their own programs for the recycling or reuse of their CEDs, provided such programs meet, at a minimum, the standards established by the Department in the proposed regulations.

The proposed regulations include, but are not limited to, provisions regarding: (1) definitions; (2) registration requirements for manufacturers of CEDs; (3) licensing of CERs; (4) both general and specific standards for the reuse and recycling of CEDs, including, but not limited to, standards that a CER or manufacturer must ensure are followed at facilities used for the recycling of CEDs; (5) billing a manufacturer by a CER; (6) determining both the market share for manufacturers and the brands attributable to manufacturers; (7) potential agreements or arrangements between a CER and a manufacturer; (8) requirements for retailers of printers and for municipalities; (9) annual registration renewal fees for manufacturers, including, but not limited to, how such fees will be calculated; (10) the return of CEDs to a manufacturer and manufacturers utilizing a private program; and (11) adding other electronic devices to the list of CEDs.

Copies of the proposed regulations are available for public inspection during normal business hours at the Department of Environmental Protection’s Bureau of Materials Management and Compliance Assurance, Waste Engineering and Enforcement Division, 4th Floor, 79 Elm Street, Hartford, CT. A link to the proposed regulations is available at the Department’s website at:www.ct.gov/dep/publicnotices. The proposed regulations can also be obtained by calling the Bureau of Materials Management and Compliance Assurance, Waste Engineering and Enforcement Division, at (860) 424-3023. With this notice the Department seeks comment on all of the provisions in the proposed regulations.

All interested persons are invited to present their views regarding the proposed regulations. These views can be presented at a public hearing that will be held at the following place and times:

October 26, 2009
10:00 a.m.-12:00 p.m., 1:30-4:00 p.m. and 6:00 p.m. - until all comments have been heard
Phoenix Auditorium, 5^th Floor,
Department of Environmental Protection
79 Elm Street, Hartford, Connecticut.

Speakers are requested, although not required, to submit a written copy of their comments.

Written comments on the proposed regulations may also be submitted to Mr. Thomas Metzner, Department of Environmental Protection, Office of Planning and Program Development, 79 Elm Street, Hartford, Connecticut 06106-5127 not later than October 30, 2009.

In addition, the Department provides notice that on October 15, 2009 at 1:30 p.m. it will be hosting a conference call with any member of the public regarding the proposed regulations. Further information about this conference call will be available on the Department’s website athttp://www.ct.gov/dep/cwp/view.asp?a=2714&q=397482 or may be obtained by calling Mr. Thomas Metzner at (860) 424-3242 or contacting him at tom.metzner@ct.gov.  Interested persons are advised, however, that this conference call is not a substitute for submitting comments in the manner described above in this notice and that the Department will not be receiving public comments during this conference call. Any person seeking to comment on the proposed regulations will need to submit a comment in writing or at the public hearing, even if the same matter is discussed during this conference call.

In conformance with the ADA, individuals with disabilities who need this information in an alternative format, to allow them to benefit and/or participate in the agency’s programs and services, should call (860)-424-3051 or (860) 418-5937 or e-mail Marcia Z. Bonitto, ADA Coordinator, at: Marcia.Bonitto@ct.gov. Requests for accommodations must be made at least two weeks prior to the program date.
/s/Amey W. Marrella
Amey W. Marrella
Acting Commissioner

Published September 22, 2009 in the Connecticut Law Journal

Draft Regulations (PDF)