Penske will remove hazardous waste after years of back-and-forth

CRTs-TV-monitorsAustin-American Statesman
Asher Price

A decade-long, rancorous dispute between a Travis County landfill and a national trucking company over the disposal of hazardous waste has come to an end. Under an agreement filed by Texas Disposal Systems Inc. and Pennsylvania-based Penske Truck Leasing in state District Court in Travis County on Tuesday, Penske will haul waste containing broken TV picture tubes to a hazardous waste facility.

The agreement will end a host of lawsuits and counter-suits that have involved the two companies, the Texas Commission on Environmental Quality and the environmental group Texas Campaign for the Environment.

Had the waste been classified as non-hazardous by authorities, the case could have undermined the whole premise of toxic waste regulations nationally, said Texas Disposal Systems landfill operator Bob Gregory. Under a separate, sealed agreement signed Friday by Texas Disposal Systems, Penske and electronics company Zenith, the landfill will receive some compensation, Gregory said.

Gregory said he is not at liberty to say how much money Texas Disposal Systems is getting.

“Nobody will ever know what strain this has put on us,” Gregory said as he choked up during an interview. “It’s been millions of dollars and thousands upon thousands of hours of my time. And we did it right, and it’s ending right.”

At issue was whether hazardous material can be mixed enough with household waste to make it nonhazardous. Texas Disposal Systems insisted that the material remained hazardous; Penske had argued that it no longer is.

The case stretched back to October 1997, when a Penske truck packed with a cargo of Zenith TV picture tubes overturned near Buda on its way to a Mexican assembly factory. The picture tubes — just about all 1,248 of them, each containing 3½ pounds of lead — broke, and they became hazardous waste.

The damaged tubes were dropped off at the nearby Texas Disposal Systems landfill in Creedmoor, which is licensed to handle nonhazardous waste. The landfill and Penske then began a protracted fight over the fate of the waste and over which side was responsible for disposing of it properly.

Several lawsuits were ongoing, and the parties were nearing a trial date in state District Court in Hays County in which Texas Disposal Systems was asking for more than $5 million in damages and legal fees.

The Travis County court resolution states that the environmental commission will back off any fines or penalties against the landfill or the trucking company and that appeals of agency rulings in the matter filed over the years would be withdrawn.

The case has little significance for average consumers and the disposal of small amounts of electronic waste, said Robin Schneider, executive director of Texas Campaign for the Environment, which had joined Texas Disposal Systems in arguing the waste be disposed of as hazardous.

Gregory said that had the waste been recharacterized as unhazardous, it would have undermined hazardous waste regulations.

“If someone can get it diluted, any toxic waste can be disposed of in a municipal solid waste landfill or left on someone else’s property just because it has been left in the soil,” said Gregory, who said laws hold that hazardous waste needs to be characterized that way from cradle to grave.

“When you throw that out, the whole premise of hazardous waste regulations goes out the window,” he said. “From the standpoint of protecting the environment, (the agreement) is critically important, and for people living near landfills, it’s critically important.”

The struggle between the parties had run bitter at times.

“In the blind zeal with which you have pursued this private dispute through the courts and the (Texas Commission on Environmental Quality),” Penske lawyer Mike Duff wrote in a November 2004 letter to Gregory, “you have stopped at nothing in your efforts to establish that Penske is a despicable entity, deserving of nothing more than a multi-million dollar fine.”

“Obviously, we’re very happy that after a decade, we’re going to get all the matters resolved,” Duff said in an interview Tuesday.

Duff said Penske within a month will haul away the waste, which is contained in 99 above-ground containers. “Over that length of time, positions get hardened. Everyone has spent a lot of time, effort and money on this matter. It’s a testament to all the parties that they decided to put it behind them and move on to other more productive things.”

The two sides appeared close to settling the case ever since the environmental commission ruled this summer that Penske must truck the waste away. But even finalizing a settlement went in fits and starts over the past several months.

The resolution marks a victory for H.S. Buddy Garcia, the new chairman of the agency, in a case that had frustrated both his predecessors and a host of state lawmakers.

A decade of wrangling over waste

October 1997: Penske truck overturns on Interstate 35 near Buda, and TV picture tubes heading for Mexico break. The 41,000 pounds of shattered cargo is sent to Texas Disposal Systems landfill in Creedmoor.

1998: Texas Disposal Systems sues Penske to get the waste removed.

January-Feburary 2004: Texas Disposal Systems removes 1,600 tons of waste from its landfill where the picture tubes were buried and places it in 99 lined, covered trash containers.

April 2004: Mistrial declared in Texas Disposal Systems-Penske case in Hays County after jurors see media coverage about it.

June 2004: A letter from a Texas Commission on Environmental Quality official to Penske opens the door for the trucking company to dispose of the material as “special waste” or nonhazardous waste.

September 2004:Texas environmental commissioners call waste hazardous and order Penske to remove it.

October 2004: Penske sues, calling their decision “arbitrary and capricious.”

November 2004: Environmental commission executive director finds that Texas Disposal Systems is not allowing Penske to comply with his order that the trucking company dispose of the waste. (Texas Disposal Systems says it does not think Penske will dispose of it as hazardous waste.)

February 2005: Senate Natural Resources Committee holds hearings on the case.

July 2007: Texas Commission on Environmental Quality reiterates its order that Penske dispose of the waste as hazardous material

November 2007: Parties agree that Penske will haul off waste and lawsuits will be withdrawn.


Group Urges Free TV Recycling

Tsunami_250pxHouston Chronicle
Matt Slagle

A national recycling coalition says television manufacturers need to make it easier for American consumers to safely dispose of aging TVs, which can seep lead and other hazardous chemicals into the soil around dumps, often in China, Nigeria and other countries.

Just 12.5 percent of electronics waste in the United States is offered for recycling each year, according to the U.S. Environmental Protection Agency. And at least half of that amount, or more than 160,000 tons, is exported and dumped overseas, said Robin Schneider, vice chair of the Electronics TakeBack Coalition and executive director of the Texas Campaign for the Environment, in Austin.

A new campaign to be announced Thursday by the Electronics TakeBack Coalition includes a Web site where consumers can e-mail the heads of the world’s largest TV makers, including Sharp Electronics Corp. and Panasonic Consumer Electronics Co., and request free recycling programs.

“Programs that require you to pay money to recycle don’t work,” said Schneider.

She called electronic waste from TVs a “crisis in the making” because of skyrocketing consumer demand for high-definition sets. A Feb. 17, 2009, federal deadline will make millions of older analog sets obsolete, she added.

“It used to be people would take their old TV and put it in another room,” she said. “But when these new technologies come in, we’re going to be dumping a lot of these old ones.”

The group says only Sony Corp. has so far agreed to recycle all of its electronic products at no cost to consumers through a national network of 75 pickup locations. Sony has agreed to expand that number to 150 locations by next year.

“If Sony can do that, other TV makers can too,” she said.

So far, nine states including California, Maine and Maryland have laws requiring electronics recycling. There are no national laws about recycling so-called e-waste.

The Electronics TakeBack Coalition, formerly called Computer TakeBack Coalition, has for years pressured computer makers to offer free programs to help consumers recycle electronic waste.


Dumped by county, BFI Takes Landfill Plan to TCEQ

sunset_farmAustin Chronicle
Dan Mottola

Wafting in and out like the smell of garbage in the breeze, the issue of whether to allow BFI/Allied Waste Industries Inc. to vertically expand its Sunset Farms Landfill has sporadically soured the air at Travis Co. Commissioners Court for well over five years. Each episode has drawn galvanized, impassioned opposition from nearby Northeast Austin residents, who have long complained about putrid odors, flooding, and trash-strewn streets overwhelmed by garbage trucks. The complaints also apply to fellow refuse handler Waste Management Inc., which operates a similar landfill adjacent to BFI’s site.

Last week, commissioners narrowly voted to trash an agreement that would have stamped county approval on BFI’s proposed 75-foot height expansion, in exchange for assurances that the dump would close no later than 2015. BFI hoped the agreement would streamline its application to the Texas Commission on Environmental Quality, the agency ultimately tasked with approving the expansion. Commissioner Margaret Gomez cast the deciding vote against the expansion deal but flipped her position the next day by voting against county efforts to fight the expansion at the state level, based on stated fears that a new landfill might end up in her south Travis Co. precinct.

“We’re going to rebut Gomez’s assertion that she’s representing her constituents by refusing to fight,” said Robin Schneider, executive director of Texas Campaign for the Environment, the nonprofit that has led local demands for reforms and expedited closure at both Northeast Austin landfills.

Schneider argued that the region is on the verge of a landfill capacity glut, calling BFI’s expansion unnecessary and counterproductive to efforts to divert all compostable and recyclable items from landfills – efforts she says will create scores of new “green-collar jobs.”

Texas Campaign for the Environment presented a letter opposing the expansion signed by more than 70 local black and Hispanic community leaders. The city of Austin in May passed a resolution against the expansion, and state Rep. Mark Strama and Sen. Kirk Watson have also drafted a letter in opposition.

In April, the TCEQ declared BFI’s expansion application technically complete, which essentially means the waste giant has provided all the necessary information. The application is now undergoing a more stringent technical review, taking in to account things like site geology, drainage and erosion controls, landfill gas monitoring, and post-closure cost estimates, according to TCEQ media-relations manager Terry Clawson. He said recycling is encouraged but not required for a landfill permit nor is consideration of the actual need for regional landfill space. The TCEQ has received 76 requests for a contested case hearing on BFI’s permit. Commissioners will likely initiate consideration early next year, Clawson said.

At a county public hearing in October, Commissioner Ron Davis said it was an “atrocity” that kids at nearby Bluebonnet Elementary School were kept inside at recess due to “odorous conditions.” Davis, whose precinct includes the landfill, has staunchly advocated closing the site.

Area resident Fabian Martinez said he decided to pull his kids out of Bluebonnet and place them in a private school much farther away. “My daughter would get sick and throw up on the school bus,” though she’s not prone to car sickness, he said. “Would you want to jog in an area that smells like rotten eggs and dirty diapers?” he asked.

Davis said BFI first approached the commission in 2001 concerning an expansion. “BFI has had ample time to do something about space,” he said. “Mean­while, the community has always opposed an expansion.”

BFI district manager Brad Dugas said last month that Sun­set Farms could fill its permitted capacity by 2011 at present disposal rates and that BFI has had difficulty locating a new landfill site due to “not in my back yard concerns.” “I believe we provide a valuable service to the community,” Dugas said. “We want to stay in business in the Austin market, and in order to provide uninterrupted service, we need that additional capacity to continue to look for a new landfill in the area.”

Dugas added that most people don’t realize how much BFI’s disposal rate of 3,000 tons of waste per day really is. Seventy percent of that waste comes from Travis County, he said, though waste is also accepted from up to 20 other counties. “People say we can’t be trusted, but we’re honoring the commitment we’ve made all along – to close by 2015 and to abandon this site if we find a new one before then.”

City of Austin Solid Waste Advisory Commission Chair Gerard Acuna said complaints about the landfill have been a hot topic throughout his nine-year tenure on the commission. “It’s been one thing after another,” he said. “The current location is not a good place for that type of facility, plain and simple.” Echoing Davis, Acuna said that if BFI had devoted the time and money it has spent trying to expand Sunset Farms to finding a new site, “they certainly could’ve started fresh at a new site by now, being the model landfill operators they claim to be.” Acuna concluded, “I’m not for kicking BFI out of town but for raising the bar on landfills.”


As Landfill Grows, So Does Controversy

hutto_lfCommunity Impact
Shannon Colletti

In a rural part of Hutto, early in the morning, dew covers the grass surrounding a landfill. All is quiet. Many people drive past the site without as much as a second glance. But hidden behind the landfill’s seemingly innocuous appearance, much like the waste it hides, is a controversy that has grown with the landfill the past four years.

Williamson County has owned the Williamson County Landfill since its creation in 1981. Located in Hutto on Hwy. 1660, between Hwy. 29 and Hwy. 79, the landfill occupies 202 acres and is permitted a maximum height of 70 feet. Waste Management, a Houston-based company that operates some 283 North American active landfills, has been the landfill’s operator since the mid-1980s.

Eighteen months ago, the county began negotiating its contract terms with Waste Management. An end to these negotiations appeared to be in sight Aug. 28, when the Williamson County Commissioners were expected to vote on the revised contract. But hopes of a resolution were dashed when the commissioners tabled the contract instead. In the 4:1 vote, only County Judge Dan Gattis voiced his stance against postponing a decision.

“Not voting for [the contract] today is a mistake. We’ve got a cancer that is affecting the community, and we need to move on,” Gattis told the commissioners. “You’re causing a great deal of harm by dragging this on. It’s time to make up your mind.”

A brief overview of the landfill

The Williamson County Landfill is a Type 1 municipal solid waste landfill that accepts non-hazardous household, commercial, industrial and special wastes, as well as construction and demolition debris. The landfill does not accept hazardous materials such as batteries, liquids, household chemicals, paint, motor oil, used oil filters or florescent light bulbs. Law dictates that the responsibility falls on the people to sort the waste before disposing of it.

Based on data from the Texas Commission on Environmental Quality, the state’s environmental agency that regulates landfills, there are 152 active Type 1 landfills in the state that disposed of 27.7 million tons of waste last year.

In Williamson County alone, residents and businesses generate more than 1,500 tons of trash per day. Waste Management uses a formula to calculate this amount: pounds of trash per person per day multiplied by population. The Capital Area Council of Governments — a regional planning commission that serves to advocate, plan and coordinate initiatives — has determined that Central Texas residents generate an average of 8.73 pounds of trash per day. The population of Williamson County is 353,830, according to the most recent estimate by the U.S. Census Bureau in 2006. By multiplying 8.73 and 353,830, it shows that the county generates 3,088,935 pounds, or 1,544 tons, of trash daily.

Steve Jacobs, Central Texas landfills manager at Waste Management, said that between 35 and 40 percent of it lands in the landfill. This results in about 600-1,400 tons of it being hauled to the Williamson County Landfill every day. Jacobs also said the vast majority of the trash — about 90 percent — deposited at the landfill comes from Williamson and Travis counties’ residents and businesses. The remaining 10 percent comes from outside county limits, from places such as Bell and Milam counties. At the end of each day, the “active” area is covered with six inches of dirt to contain odors. Total decomposition depends on several factors, including what is decomposing and the weather. As landfill units are filled to capacity, they are capped, closed and seeded with grass.

Contract negotiations

The county and Waste Management last amended their contract in 2003, several aspects of which have been sources of contention. Some of the main ones include increasing the revenue to the county, placing restrictions on the origin and amount of waste accepted at the landfill and defining the contract’s end date.

The revised contract would increase the revenue the county receives from 7.5 percent to 13 percent. It would also limit the origin of waste to a region of seven contiguous counties, limit the amount of waste brought into the landfill to the amount that Williamson County can generate and create a 40-year life of the agreement.

Stephen Ackley, civil litigation chief for the Williamson County Attorney’s Office, said the county only has two options: remain with the current 2003 contract or approve the contract amendments.

The expansion permit

Along with the contract negotiations, the county is also seeking approval to expand the landfill. The State Data Center projects that by 2030, Williamson County will have grown from a population of 353,830 to 1,104,899. The waste produced by the county will increase as well, to about 4,585 tons per day. At its current size, the landfill has 15 more years of remaining disposal capacity.

In 2003, on behalf of the county, Waste Management filed an expansion application with TCEQ. Although the paperwork may be from Waste Management, the county remains the owner, or “permit holder,” for the landfill. The application called for an additional landfill footprint that, combined with the current capacity, is projected to provide more than 45 years of additional capacity, based on population growth forecasts and expected volumes.

Last year, TCEQ referred the expansion application to the State Office of Administrative Hearings to enter a process known as “direct referral,” which allows an administrative judge to examine issues concerning the expansion permit. The judge will then make a recommendation to TCEQ for a final decision on the expansion permit. The goal of the direct referral process is to satisfy public concern for a more open process. Although the SOAH hearings ended Aug. 31, the process is expected to take several more months to complete.

As officials decide what path to take with the landfill, a task with no clear end in sight, the landfill will continue to provide a crucial service to citizens all over the region.


No decision yet on Wilco landfill

News 8 Austin
Chelsea Hover

Williamson County Commissioners have once again delayed a vote on a new operating contract for the county landfill after the idea was tabled at Tuesday night’s meeting. Many who live near the landfill in Hutto have urged commissioners to vote against the new contract. It’s a renegotiated version of one in 2003 with Waste Management of Texas.

Officials admit the old contract was a “bad deal” for the county. It gave just seven percent of the revenue from the landfill to the county; the new contract would increase that up to 13 percent.

The standing-room-only crowd was littered with signs begging for “a better landfill.” Active citizens and environmental groups have played a vital role in making sure the county knows its options.

But confusion over the permit and the lengthy 40-year commitment caused commissioners to debate before tabling the issue Tuesday night, which will give the county more time to explore its options.

“Stopping the vote today was a critical step in getting a better deal for the residents of Williamson County,” Robin Schneider of the Texas Campaign for the Environment said.

“I really see a ray of hope in the motion today, to try to clean up the names on the permit and clean up the contract,” Hutto Citizens Group Landfill Committee Chairman Jeff Maurice said.

For Waste Management, the decision came as a surprise.

“We were disappointed. We spent a year and a half to get to a point where we’re in suspended animation again,” Waste Management Landfill Manager Steve Jacobs said.

“It’s important to keep the pressure on Williamson County Commissioners because I’m sure this will come up again, and we want to make sure what comes up in the future is much much better than what came up today,” Schneider said.


Sony champions free recycling

sonyrecycleFortune
Marc Gunther

The company that invented the CD, the Walkman and the PlayStation will soon become an environmental pioneer, too: Sony says it will offer free recycling of all its products in the United States.

Last week’s surprise announcement from the global electronics giant – Sony posted $71 billion in 2006 revenues – could have a big impact. It pressures other companies to take back and recycle TV sets, stereos, music players, laptops, DVD players, video game machines, cameras and other electronic waste.

“This represents a challenge to the rest of the industry,” says Mark Small, who is vice president of environment, safety and health for Sony Electronics.

Until now, the TV industry had been unified in its opposition to the idea that manufacturers should be responsible for taking back and safely recycling the things they make. Sony itself belongs to an industry coalition that fights state take-back laws. But in a turnabout, Sony now says it is the company’s responsibility “to provide customers with end-of-life solutions for all the products we manufacture.”

Chances are, its rivals will find it hard to disagree. That’s what has happened in the computer industry, where Hewlett Packard led the way in recycling and now competes with Dell to be the most eco-friendly maker of PCs. Under pressure, Apple recently agreed to expand its recycling, too.

Environmentalists like Barbara Kyle of the Computer TakeBack Campaign intend to do what they can to bring about a similar scenario in the consumers electronics business. She applauded Sony’s initiative.

“We’ve seen the IT industry doing takeback,” Kyle says, “but the TV industry had been united in saying they can’t make the economics work. This suggests that it’s not impossible.” If Sony can offer free and convenient recycling, “presumably they can all do it,” she says.

The economics, as it happens, don’t work very well. While useful materials like metals, glass and plastic can be recovered when electronics are recycled, the value of the materials is not enough to cover the expense of recycling. Sony won’t say what its program will cost.

But the company has set an ambitious long-term goal for itself: To recycle one pound of old consumer electronics equipment for every pound of new product sold.

Says Sony’s Small: “For our business to grow, we must embrace sustainability.”

Thus Sony puts itself squarely in the camp of environmentalists and a handful of companies who are trying to turn our throwaway culture into one where stuff that’s no longer wanted or needed is reused, recycled and turned into something else. Wal-Mart , Toyota (Charts) and others have embraced this idea, which is called “zero waste.”

Activists have focused on electronic waste because it’s one of the fastest-growing categories of garbage, and often contains hazardous materials like mercury and lead. An oft-cited 2005 study by the U.S. EPA found that about 1.5 to 1.9 million tons of electronic waste was discarded in landfills; only about 345,000 to 379,000 tons were recycled.

Other surveys suggest that consumer electronics are rarely thrown away, but more often donated or sold.

Sony admits that its program, as currently conceived, is just a start. Beginning Sept. 15, the company will take back any Sony-branded product at 75 drop-off centers in 32 states operated by Waste Management Recycle America, a unit of the trash-hauling giant Waste Management. That’s obviously not enough, and 19 are bunched in Minnesota, where Sony and Waste Management have had a pilot program for years. You can find a list of drop-off sites at sony.com/recycle.

Within a year, Sony and Waste Management will offer 150 sites. Their goal is to eventually provide drop off locations within 20 miles of 95 percent of the U.S. population. Sony will also try to persuade retailers who sell its products to take them back; retail giants like Wal-Mart, Best Buy and Circuit City could eventually be enlisted to pick up old electronics when they deliver new.

If all goes according to plan, disassembly will be done in the United States. Vast amounts of electronic waste are currently exported to poor countries, particularly China, where safety and environmental standards are lax.

As a member of an industry group that calls itself the Electronics Manufacturers Coalition For Responsible Recycling, Sony had opposed electronics take-back laws passed in nine states.

Small told Fortune that Sony has been “a reluctant member of the coalition” and might now drop out. Fifteen other companies, including giants Philips, Panasonic and Sanyo, are part of the group.

The Consumer Electronics Association, which includes a far broader range of firms, has also opposed state laws, saying a national solution to e-waste is required. The CEA has a website for consumers at http://www.mygreenelectronics.org/ that includes information about where electronics can be recycled.

It’s too soon to know how other electronics firms would respond to the Sony initiative, says Kristina Taylor of the CEA.

“What Sony has done is fantastic, but it’s voluntary,” she says. “The industry doesn’t want to be mandated because not every TV manufacturer can afford it.”

Eventually, though, the cost of product takeback may become part of the cost of doing business.


Lead Toxins Take a Global Round Trip

leadjewelryWall Street Journal
Gordan Fairclough

YIWU, China — High levels of toxic lead turning up in cheap jewelry from China are prompting recalls in the U.S. But some of the lead used by these Chinese manufacturers comes from an unconventional source: computers and other electronic goods discarded in Western countries and dumped in China.

Liu Mouye, owner of the Yiwu Yiming Alloy Factory here, says the lead alloy she sells to jewelry makers around Yiwu — an important hub for low-priced Chinese exports — is made in part from so-called e-waste that arrives by ship in southern China from the U.S. and other developed countries.

“I’ve seen the containers come in,” Ms. Liu says. “Each one has about 60 tons of parts removed from machines and appliances” from abroad.

Two recent studies suggest lead from such sources is turning up in Chinese-made jewelry sold at U.S. discount stores and malls — closing a globalization loop in which toxic materials from high-tech garbage are turned into potentially dangerous goods for kids and shipped back.

Jeffrey Weidenhamer and Michael Clement, chemists at Ashland University in Ohio, studied the composition of children’s highly leaded jewelry and key chains found in stores last year and determined that some also contained levels of copper and tin that suggested the source was lead solder used in electronic circuit boards. Other jewelry samples were also found to contain antimony, a toxic metalloid element used to harden lead used in batteries.

The United Nations estimates that up to 50 million tons of e-waste is thrown away world-wide each year. Large amounts are shipped into China, even though the country’s laws essentially ban imports of e-waste, according to China’s State Environmental Protection Administration.

For lead, the trip to China from the U.S. typically goes something like this: U.S. consumers and businesses send their old electronics to recycling firms — often by way of innocuous recycling drives. Some of those firms then sell the electronics to dealers in the U.S., who sell them to dealers in China. Chinese companies buy the e-waste and strip lead and other re-sellable materials from it — often discarding harmful materials along the way, adding to local pollution. Those firms then sell the recovered lead to alloy makers like Ms. Liu, who provide it to Chinese manufacturers. The lead makes its way — sometimes at toxic levels — into trinkets sold to consumers in the U.S.

“This ‘return-to-sender’ issue is really important,” says Ted Smith, founder of the Silicon Valley Toxics Coalition, an organization in San Jose, Calif., focused on the environmental impact of the high-tech industry. Mr. Smith points out an added irony: Many of the electronics consumed in the U.S. are manufactured in China in the first place. “Talk about globalization,” he says. “If you drew a map of this, the arrows would go in lots of different directions.”

The U.S. Environmental Protection Agency says it doesn’t regulate the export of most old electronics, including cellphones and the circuit boards that make computers run, in either a “shredded” or intact form, because it considers them non-hazardous. In January, however, the agency began enforcing a new rule specific to cathode-ray tubes — the TV and computer display screens that are commonly known as CRTs and contain lead. Now, exporters of intact or broken CRTs destined for recycling must notify the EPA of the export and get permission from the country importing the CRTs before doing so.

The EPA doesn’t have any laws that ban the export of non-hazardous waste — so if what it defines as non-hazardous waste is sent to another country, it doesn’t know.

“We have had some very general inquiries from the Chinese government saying they want to discuss this area, but we do not generally get requests from China regarding the shipped materials,” says Bob Tonetti, an e-waste expert at the EPA.

Amid rising concerns about the safety of exports from China, lead has become a particular focus — especially in items made for children. This year the U.S. Consumer Product Safety Commission has issued 18 recall notices affecting more than 6.7 million pieces of jewelry for children and teenagers that it says contain dangerous levels of lead — almost all of it made in China. That’s a sharp increase from 10 lead-related recalls in 2006 and three the year before that.

“In recent years, we’ve seen an influx of metal children’s jewelry” that has “high levels of accessible lead,” says agency spokesman Scott Wolfson.

Public-health officials have been fighting for years to keep lead out of children’s jewelry. Lead has even turned up in snaps on Chinese-made overalls and shirts for babies and toddlers and on gardening gloves for kids. Ingested, it can cause brain damage and death. The risk is highest for young children, who are more likely to mouth or swallow pieces of jewelry. A new California law essentially limits the lead content of the base metal in children’s jewelry to 0.06% starting Sept. 1. (New regulations for adult jewelry go into effect March 1.) The Consumer Product Safety Commission uses the 0.06% limit as a guideline on children’s jewelry and has proposed it as a federal regulation.

The recalled jewelry ranged from “Best Friends Forever” necklaces sold at accessories retailer Claire’s Stores Inc. to necklace and earring sets with plastic “birthstones” sold by Sears Holdings Corp.’s Kmart stores. The commission has also issued recalls this year for Chinese-made toys coated with lead paint.

Enforcement efforts have escalated since a child died last year in Minneapolis of acute lead poisoning after swallowing a Chinese-made charm from a bracelet given away with Reebok sneakers.

A spokeswoman for Claire’s didn’t return a call seeking comment.

Christian Brathwaite, a spokesman for Sears Holdings, says “Kmart takes customers’ safety very seriously,” adding: when a “product has been identified as having an issue with lead, we’ve stopped selling that product.”

In China, however, lead alloy remains a favored material for costume-jewelry makers. It is plentiful and cheap, often selling for half the price of zinc alloy, the other metal mixture commonly used to make costume jewelry. Lead has a relatively low melting point, which makes it easier to work with, and lends heft to inexpensive jewelry.

The Chinese government sets limits on lead content in toys, but not in jewelry for children or adults. Many other countries also lack legal limits or fail to enforce them.

Companies like Ms. Liu’s and other metal traders and alloy manufacturers say they buy lead from recyclers, mix it with other materials and sell it to jewelry makers in Yiwu and Qingdao in eastern Shandong province, two centers of costume-jewelry production in China. Nationwide, China’s costume-jewelry industry has annual sales of about $4.5 billion — and about 70% is exported.

In Yiwu, jewelry sellers make no secret of using toxic lead alloy in their products. They insist buyers know what they’re getting and say using lead is the only way to offer the low prices that foreign purchasers are willing to pay.

Wang Xubin, the owner of Xu Lin Decoration Co., specializes in making costume jewelry for teenagers. His raw material of choice: a metal alloy that he says is 70% to 80% lead. The metal is molded into bracelets and pendants in the shape of crosses, eagles, dragons and crowns.

“We do what our customers want. If they ask for no lead, we can do it,” says Mr. Wang. “But a lot of Americans see the cost of lowering the lead content and say: ‘forget it.'”

At Yiwu Zhongtai Ornament Co.’s factory on the outskirts of Yiwu, ingots of lead alloy are melted down in large crucibles. Young men then ladle the molten metal — about 55% to 60% lead, according to the company — by hand into rubber molds. On a recent visit, none of the workers was wearing protective facemasks or gloves.

Pieces of molded metal are then popped out, filed and plated with a thin coat of another metal, often a mixture of gold and silver or palladium. They are then assembled by rows of workers soldering and placing fake gemstones on the necklaces and earrings.

“It’s too costly to make lead-free products,” says owner Wang Qinjuan. “Chinese products have to be sold cheaply in foreign markets, or they are not competitive.”

Some manufacturers say they are moving away from lead alloy at the request of customers, especially those from the U.S. and Western Europe. Nearly all say that, if a buyer wants them to, factories can lower the lead content of their products. “People can choose. We give them whatever they want,” says Ni Lanzhen, a wholesaler of jewelry and trinkets, including a tiny ring topped with a lead flower. “But most of the market is lead alloy.”

Some importers, on the other hand, complain insuring product quality from China can be difficult. Myles Marks, an employee of DM Merchandising in Elmhurst, Ill., says that his company stepped up testing after authorities discovered that some Chinese-made bracelets contained lead, which the company was unaware of. “There are items we’ve had to test and retest three and four times,” says Mr. Marks, when they fail to meet lead standards. “It’s a colossal pain. And it’s certainly costly.”

Mr. Marks says that sometimes Chinese suppliers will “do the old bait and switch,” winning an order with a product that meets an importer’s specifications and then mass producing the items with cheaper, lead-containing, materials. But while many companies express frustration, few, including DM Merchandising, are willing to publicly identify their Chinese suppliers.

Meanwhile, the e-waste problem is attracting the attention of some lawmakers. Congressman Tom Lantos, chairman of the House Foreign Affairs Committee, recently sent a letter to the U.S. Government Accountability Office expressing concern about the practice of exporting e-waste from the U.S. to foreign countries. Prompted by the letter, the GAO plans to begin research on the topic soon.

“We need this study to get an idea of the problem’s global scope,” Mr. Lantos said in an email. “I am concerned that U.S. consumers who recycle computers and other electronic equipment may be led to believe that they are doing good when in fact they are doing harm.”


Texas legislature passes Dell-backed computer recycling bill

giantpenArs Technica
Nate Anderson

The Texas House and Senate have both passed an identical version of a bill that would require computer companies doing business in the state to provide free recycling services for those machines. The bill might sounds like bad news for business, but it was actually backed by both Dell and HP.

If signed, the Texas bill would join similar initiatives already passed in more liberal states like Minnesota and California. Robin Schneider, executive director of the Texas Campaign for the Environment, wants Texas to show that a Republican-leaning state can also care about the environment.

“Governor Perry must seize the opportunity to be the first Governor of a so-called ‘red state’ to sign a computer recycling bill that requires producers to provide free and convenient recycling for consumer’s old computers,” she said in a recent statement.

The bill (HB 2714) requires computer manufacturers to provide a “reasonably convenient” recycling plan that requires no additional payments from consumers. Dell and HP provided some model legislation that was used as the basis for the bill, which will only affect computers purchased for personal or home business use, but it could still encourage manufacturers to adopt efficient recycling programs that might then be applied to all machines sold.

The bill would go into effect on September 1, 2008, and would require computer manufacturers to submit their recycling plans to the Texas Commission on Environmental Quality. Companies would also need to file yearly reports on the amount of material recycled.

Assuming that it gains the governor’s signature (it has not yet been signed), the bill looks set to do some good in the computer industry, though it won’t have much effect on corporations like Dell. Dell already has a comprehensive recycling program in place, even offering free recycling of non-Dell machines when users order new Dell computers. To encourage the governor to sign, a dozen environmental activists showed up at the governor’s mansion recently, and they came equipped with the Giant Signing Pen of Shame (not their term for it).

A state analysis showed that the new regulation would cost the state almost nothing to implement, and groups that support the measure believe that it would have a negligible effect on computer prices as well. By requiring every computer company to implement a recycling program and to bear the costs of doing it, the law hopes to use market incentives to stimulate innovative thinking when it comes to recycling the toxic materials found in computer products.

The disposal and recycling are supposed to happen in accordance with state and federal environmental regulations, but Texas has limited power over exports. Hopefully, “innovative thinking” doesn’t mean just shipping the waste to China.


Biggest polluters don’t bear brunt of new clean-air laws

Houston Chronicle
Janet Elliott

The Legislature made it easier for Texans to recycle their old computers, replace their polluting old clunkers and save money on energy-efficient appliances. While putting the onus on consumers to improve their state’s environment, it was business as usual for the industries that spew toxics into the air.

There was unprecedented momentum going into the session, with proposals for new coal plants stirring citizen concern. Scientific evidence kept mounting of the adverse health effects on those living in toxic hotspots along the Gulf Coast. A record number of bills were filed to address air pollution and global warming concerns, but most of those bills died without getting a legislative hearing.

“The Legislature kept in place the plan to allow for increased emissions from new coal plants and continued releases of toxics from industrial plants,” said Cyrus Reed, a lobbyist with the Lone Star Sierra Club.

Lawmakers did significantly increase funding for programs to reduce vehicle emissions in urban areas that fail to meet federal air quality standards. But they declined to put a moratorium on new coal plants or require regulation of cancer-causing chemicals released into the air.

Despite the disappointment, environmental groups and lawmakers from both parties say the 2007 session was a turning point for environmental legislation. A bipartisan House clean air caucus grew to 62 members and environmental activists said for the first time they got to spend their time trying to pass good bills instead of fighting bad ones.

Air-quality bills fail

Rep. Dwayne Bohac, R-Houston, said he was disappointed that the Legislature didn’t give state and local officials more power to regulate air quality. He introduced bills to eliminate the tax on ethanol-blended fuel and provide subsidies for the purchase of hybrid cars and solar panels. He says he’s “ahead of the curve” as a Republican who sees the need to balance job growth with protecting the environment.

“It just makes sense that people get to breathe clean air,” he said. “For me being a conservative means being a conservative with nature as well as conserving tax dollars.”

The Texas Association of Manufacturers opposed a bill by Sen. Mario Gallegos, D-Houston, that would have required state regulators to hold public meetings to inform affected communities about areas on the agency’s toxic watch list.

The manufacturers opposed proposals that would interfere with successful statewide efforts to reduce air emissions or were redundant to existing law, said Tony Bennett, chairman of the association.

“For example, the Texas Commission on Environmental Quality already has the authority and is doing an outstanding job of compiling and posting an on-line air pollution watch list and monitoring sites. We were concerned that SB 1924 reduced the flexibility TCEQ has to continue this progress,” he said.

Business groups did support Senate Bill 12, which expands a program that allows a family of four earning up to $60,000 annually to qualify for subsidies to replace older, polluting vehicles. The state budget also boosts funding to retrofit diesel engines.

Gulf Coast pollution

House Environmental Regulation Chairman Dennis Bonnen, R- Angleton, said he thinks it’s appropriate to focus on mobile sources of pollution since industry has reduced its ozone-causing emissions by 80 percent.

“The state of Texas has had greater emission reductions than any state in the nation,” he said.

Though Houston, Dallas and San Antonio are among areas struggling to reduce smog-producing ozone, the issue of toxic air is largely confined to the Texas Gulf Coast.

During House debate on SB 12, Bonnen accepted an amendment to require TCEQ to consider the cumulative effects on public health when making decisions on permit applications. He allowed another amendment requiring the environmental agency to set standards for five toxic pollutants. Both those amendments were stripped off during late-session House and Senate negotiations. Bonnen, who has several facilities on the state’s toxic watch list in his district, said the amendments were “not germane” to the legislation.

giantpenBonnen authored a bill that would put Texas at the forefront of states working to keep “e-waste” out of landfills under a bill on Gov. Rick Perry’s desk. More than a dozen activists rallied at the Governor’s Mansion on Thursday to deliver 750 letters urging Perry to sign House Bill 2714.

The bill would require computer manufacturers selling in Texas to establish free and convenient programs to collect and recycle their brand of desktops, laptops and monitors. Retailers would only be allowed to sell brands that establish recovery programs.

Robin Schneider of Texas Campaign for the Environment said similar bills had been introduced in the previous two sessions but were lacking support from computer manufacturers. So the Austin-based group put pressure on hometown company Dell.

“We did our best to be Michael Dell’s worst nightmare,” she said. “We knew that to pass legislation in Texas we needed to have business support.”

Dell took the lead in offering consumer recycling, and Hewlett-Packard soon followed. They supported the legislation to make sure other companies that wanted to sell in Texas had to follow the same guidelines.

A coalition of business and environmental groups also was key to progress on energy efficiency and renewable energy. House Bill 3693 by Rep. Joe Straus, R-San Antonio, said while other lawmakers were battling over proposed coal plants, his group was working on measures to decrease the demand for electricity.

“This was a carefully negotiated bill that wasn’t so negotiated as to make it meaningless,” said Straus, who describes his bill as “more carrot than stick.”

It would raise energy efficiency goals for electric utilities, and require municipally owned utilities like San Antonio’s to participate in energy efficiency programs. The bill requires the use of more energy efficient lighting, equipment and appliances in government buildings. Home or small-business owners who generate solar energy could sell the excess.


Sherman looks to the future

Sherman Herald Democrat
Kathy Williams

The Sherman City Council looked to the future Monday, passing a resolution regarding high-tech trash, holding public hearings on annexations and learning about police computers.

Councilors also looked to the future, joining with other local entities to study traffic patterns at the rapidly developing intersection of U.S. Highway 75 and FM 691. In keeping with the theme, the council approved refinancing Texoma Area Solid Waste Authority’s 2004 series of bonds.

Following executive session, the council produced a draft list of qualifications and proposed advertisements for a new city manager. The council will discuss these items in open session at a later meeting.

The council action on electronic waste is a resolution asking the State Legislature to pass a bill requiring producers of electronic equipment such as computers, televisions and cell phones, to take back their products when they become trash. The House has passed a bill and sent it to the Senate, which has sent its own version to the Senate Environmental Regulation Committee. Neither version includes any electronics except computers.

That’s a problem, said Mayor Bill Magers, because a federal law that will take effect in the next two years will make many televisions obsolete. Those televisions currently go into municipal landfills. Older sets contain more toxic substances. The resolution the Sherman Council passed includes computers, televisions, cell phones and other electronics. Magers said that State Rep. Larry Phillips, who represents Grayson and Fannin counties in the State Legislature, favors the measure.

Councilor Terrence Steele asked if passage of this law would cost the city extra. Councilor Cary Wacker explained that the burden would fall on the manufacturer. She added that some other countries already require this and she believes this practice of producer take-back will be much more common in the future.

The idea behind the proposed law is that manufacturers would be responsible for taking their products back. Manufacturers would develop a responsibility for recycling their products free of charge to the consumers. They would establish drop off or pick up policies. The costs would be rolled into the original cost of the appliances.
Cynthia Manley, a Sherman resident, asked the council to ensure that the resolution they pass includes televisions and not just computers. The text of the resolution was not included in the simple agenda statement given to those who attended the meeting.

This is a better plan than California’s, Texas Campaign for the Environment states in material included in the council’s agenda. The Texas law removes the financial burden from local governments and seeks a market solution, encouraging manufacturers to make less toxic products. It is a non-tax solution, TCE states, because recycling becomes a cost of doing business to manufacturers.

“Manufacturers will use their business know-how and create innovative solutions that work for them,” TCE states. “Producer responsibility avoids big government bureaucracy. … Two to four state employees would oversee a manufacturer responsibility law. On the other hand, California’s Advanced Recycling Fee law creates a big government bureaucracy requiring over 60 staff to implement.”