If I'm a Monkey, You Get Bananas

Looks like that crafty Federal government is going to try and make a monkey out of me. As reported by the AEA, Hilda Solis (D-CA) is now running the House Energy & Commerce Subcommittee on Environment and Hazardous Materials, and is going to make a big effort to get "RoHS-Like" legislation passed. Of course, I've already said that I don't think it will happen. So I'm going to make a bet with Hilda and her gang; if "RoHS-Like" legislation is passed before one year from today, I'll give bananas to all my readers. I have a few conditions - actually, they are the same as the AEA's. The regs must:

• Have a strong basis in science - not merely copy what was done in California and the EU;

• exceed the current California and EU RoHS restrictions;

• Not preempt any existing state RoHS laws; and
  

• Create mandatory take-back requirements or impose advanced recovery fees for waste electronics.

How's that. Better hurry though, states like Nebraska (bad link to html text here) are already working on WEEE.

Federal RoHS - Not the Best Idea

With RoHS gaining a full head of steam in Europe, there have been several commentators wondering if the US is going to come up their own RoHS-like regulations. I think there are a few arguments for and against whether this will happen. Let's play crystal ball for a minute.

First, RoHS is triggering a lot of end of life (EOL) notices for product parts. In 2004, there were 240,000 EOL notices; that went up to 1.6 million is 2005 and 1.88 million in 2006. That means that these parts will no longer be sold in Europe, so the question is what are the manufacturers going to do with them. I don't think its too much of a stretch to say they are going to dump them in countries with no regs - say China, Latin America, and the US - maybe even at a premium. All this stuff will be toxic under RoHS.

At this point the EPA can either let it happen or enact similar legislation; let's say they try get something passed. In fact, according to this article, this has already been tried with the formation of the National Electronics Product Stewardship Initiative (NEPSI). NEPSI died in 2004 killed by business interests. EPA had a seat at the table but couldn't make it happen.

It is little known that the EPA has never completely eliminated a single substance from use in the US. Probably the strongest case can be made for DDT, but there is a clause for unlimited use in emergency situations. They also tried with asbestos and failed. History suggests, then, that the EPA has peer status with most businesses interests, and is trumped by other government agencies, particularly the military. So I don't think Federal RoHS will happen, and we will have toxic goods dumped upon us.

Ironically, I actually think this is the best thing! For what will happen is that states and even cities will start passing their own regs to restrict these goods from being sold in their jurisdictions. Manufacturers will then have to comply with hundreds of different laws, instead of just one. And when that happens, most will strive to comply with all of them; no one wants their monitors banned in New York City, or their routers banned in Illinois. This is exactly what is happening with cell phone manufacturers; they are all being made greener just because of RoHS. And this, I think, is the best solution.