House Oversight Committee Probing EPA Enforcement of E-Waste Rules

House Oversight and Government Reforms Committee Chairman Edolphus Towns, D-N.Y., has sought a detailed explanation from the EPA on why it chose to “reject” GAO recommendations on tightening and improving e-waste regulations. Following a 2008 investigation, the GAO had recommended that EPA implement an enforcement plan for its regulations relating to CRTs, he said. The investigative arm of Congress also suggested that the agency consider “broadening its regulations relating to other electronic components, in order to close existing loopholes,” Towns wrote EPA Administrator Lisa Jackson last week. He also wrote General Service Administration chief Martha Johnson seeking details on how federal e-waste was handled.

EPA refused to adopt the GAO recommendations, saying “existing enforcement mechanisms were sufficient, various considerations weighed against broadening regulations, and voluntary certification processes could have a large impact on improper exportation,” Towns wrote Jackson, quoting the GAO. “Despite these assurances from EPA, I remain concerned that the improper exportation of e-waste to developing countries continues to pose a threat to global health and the environment,” he said.

Besides explaining why EPA chose not to adopt the GAO’s recommendations, Jackson should let the committee know the steps the agency is taking to “enforce its existing e-waste regulations,” Towns said. That should include all enforcement action from 2003 onwards, “including a breakdown of the number of civil and criminal investigations that have resulted from tips, complaints, GAO referrals, and EPA investigative activities,” he said. EPA also should make available a list of all annual audits and inspections on e-waste recyclers, along with their names and audit findings, he said.

Towns told GSA’s Johnson that he’s concerned that not enough was being done to ensure that federal agencies contract with “responsible companies” for the disposal and recycling of government e-waste. He said 50 to 80 percent of the e-waste was being sent to Asia for recycling, and, in many cases, the e-waste is either dismantled in unsafe conditions or is landfilled. Some voluntary programs like the EPA’s R2 and Basel Action Network’s e-Stewards certification for recyclers have come up, he said. But “despite this progress, more can be done,” he said. The GSA maintains a list of 60 recycling contractors in the Federal Supply Schedule (FSS), he said, but only two companies in the list are R2 certified.

Towns said he wants to know from GSA what criteria are used to decide whether to include a recycler on the FSS list and whether the agency does audits or reviews of the contractors on the list to “ensure that they engage in industry best practices.” GSA also should let the committee know whether it plans to “update or issue new guidance encouraging agencies to use e-waste recyclers who have been certified through one of the voluntary certification processes,” he said. As the “principal” oversight committee in the House, his committee has jurisdiction over “any matter,” Towns told the heads of EPA and GSA.