Policy alternatives include continuing to rely on guidance or asking for additional and more detailed legislative changes.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
Section 287.03, Wis. Stats., directs the department to promulgate rules necessary to implement ch. 287, Wis. Stats. In addition, s. 287.17, Wis. Stats., gives the department specific authority for promulgating rules related to certain aspects of the electronics recycling law. Section 287.17(10)(k) gives the department authority to modify manufacturer registration fees. Section 287.17(10)(i) gives the department authority to modify the list of eligible electronic devices in s. 287.17(1)(gs) or the list of electronics banned from landfill or incinerator disposal in s. 287.07(5)(a), Wis. Stats. Section 287.17(8)(e) gives the department authority to modify or add to operational requirements for registered recyclers. Section 289.06(1), Wis. Stats., directs the department to promulgate rules implementing and consistent with chapter 289 and ss. 292.31 and 292.35. 5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
The department estimates that approximately 460 hours of staff time will be required to complete the proposed rule.
6. List with description of all entities that may be affected by the proposed rule:
The new rule will primarily affect entities covered by Wisconsin’s electronics recycling program, created by s. 287.17, Wis. Stats., and referred to as E-Cycle Wisconsin. Affected types of entities include: - Electronics collectors as defined in s. 287.17 (1) (mg), Wis. Stats.; - Electronics manufacturers as defined in s. 287.17 (1) (i), Wis. Stats.; - Electronics recyclers as defined in s. 287.17 (1) (mr), Wis. Stats.; and - Electronics retailers as defined in s. 287.17 (1) (n), Wis. Stats. Changes to chs. NR 502 and NR 520, Wis. Adm. Code, will affect individuals or facilities that store, sort, dismantle, shred or otherwise process electronics and components derived from electronics. Some of these may also be E-Cycle Wisconsin participants. By requiring a solid waste processing license for electronics recyclers, the revised rules will allow the department to provide a list of licensed recyclers to individuals, businesses, institutions and organizations wishing to recycle electronics.
The rule would not directly affect electronics consumers (individuals, and K-12 public schools and Parental Choice Program schools) that are already responsible for recycling their used electronics under E-Cycle Wisconsin. It also would not directly affect businesses that must recycle, reuse or manage their electronics as hazardous waste, but are not covered by E-Cycle Wisconsin.
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
There is no existing or proposed federal regulation for electronics recycling.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have an economic impact on small businesses):
We anticipate the total economic cost of this proposed rule to be minimal (less than $50,000).
Much of the proposed rule would codify current practices. Depending on the exact nature of changes made to operational standards for registered recyclers under s. 287.17(8), Wis. Stats., these facilities might incur small, one-time costs associated with staff time to understand and implement the changes. The department will conduct outreach to affected facilities through workshops, webinars and/or one-on-one technical assistance. The rule would reduce annual registration fees paid to the department by some electronics manufacturers. This loss of revenue can be absorbed by the department without changes to program service.
Requiring a solid waste processing license for electronics dismantling and processing activities would have a one-time cost for some facilities, including small businesses. Electronics dismantling/processing locations not registered with E-Cycle Wisconsin would incur a one-time $550 Initial Site Inspection fee (paid to the department) and one-time costs to set aside money (owner financial assurance funds) for closure and cleanup costs and, in some cases, to hire a consultant to help prepare these documents. Some facilities registered as collectors, but not recyclers, under E-Cycle Wisconsin could incur similar one-time costs. Recyclers registered with E-Cycle Wisconsin would see little, if any, additional costs, as they would already meet most license requirements. A small amount of department staff time would be required for the licensing process.
Some of these costs could be offset by the benefit of being on a department list of licensed facilities, which could make it easier for some to attract customers. Requiring solid waste processing licenses for facilities dismantling or processing electronics could also reduce or avoid costs to landlords and governments caused by the cleanup of illegally stored or dumped mismanaged electronics, which can run into the tens or hundreds of thousands of dollars.
9. Anticipated number, month and locations of public hearings:
The department anticipates holding one public hearing in the month of April 2021. The hearing city will be: Madison with webcast.
The department will hold the hearing in this location to allow stakeholders to attend in person but also accommodate stakeholders located throughout the state and outside of Wisconsin via online streaming.
Contact Person: Sarah Murray, 608-264-6001
