Showing posts with label RCRA. Show all posts
Showing posts with label RCRA. Show all posts

Blogger V. Twitter - Recycling News Happens Fast [StormX]

There are two reasons why the number of Good Point Ideas blog posts has declined in the past 24 months.

The first relates to an increase in use of Twitter. As I noted 5 years ago, Twitter is misunderstood as a "squawking box". Sure, there's lots of inane squawking on Twitter. But the most important thing on the Twitter site is in the top right hand... the Search Box.

"Following" a thousand people is pretty impossible. I trim it down with a FairTradeRecycling list of twitter posters I follow more closely. But it is the "saved search term" feature that we need to pay attention to. It allows you to get an early scoop... and if it turns out to be clickbait, it's only 160 characters or whatever.

So ten years ago, the incredible idea below would have been subject of a blog, which would take me 45 minutes to write (and if readers are lucky, another hour to re-edit).  Now I post it bam on Twitter.

Storm Water Trash Catch Nets


I saw this on a repost from an old pal Wim Roskam on Facebook, who in turn found it on Architecture and Designs rather cool Facebook page.  The problem with stormwater carried litter is obvious if you've been to an African city like Accra, Lagos, Dakar or Douala.  The litter on the beaches is depressing and ubiquitous, and no amount of white savior plastic straw abstinence is going to save the sea creatures there.

STORMX is the license holder (image above is from North American licensee StormWaterSystems.com). The net baggies allow water to run through, but catch the debris... which is the actual culprit of urban flooding - falsely blamed on scrappers of Agbogbloshie 40 months ago. 2015 was the same year that Twitter helped a youtube video of a turtle with a straw stuck in its nose go viral... which led to a LOT of journalist ink going into the plastic straw bans.


State Hate #1: "Secret Science Reform Act" vs. EPA

"Secret Science Reform Act": When Any "State-Hate" Reform Will Do?
I've been writing about my headaches with Vermont Agency of Natural Resources.  All nice people.  I wish they knew the 30 people at GPR were nice people.  It would be nice if they would have visited Good Point Recycling during the past 36 months.   That may have made it easier for them to explain why a Vermont company with a lower bid, 30 employees, R2-certified, no landfilling of CRT glass, and $488,000 less expensive, warranted a change in procurement.
For the record, while the state's selection of Casella is something we object to, competition is not.  We simply want to run an Independent Opt-Out plan, so that if Vermont districts and entities WANT to use Good Point, they can. 
However, Cathy Jamieson and her 2 staff are tilting the playing field AFTER they chose Casella Waste Systems, to make sure the horse (CWST) they bet on wins.  Whether or not the bidder selection was proper, the state is cheating against the Manufacturer Independent Plan.
Among citizens and recycling clients, there's a lot of fatigue with the story.  "I'm e-wasted out", a client told me. Vermonters tend to be strong and well educated environmentalists.  VPIRG is well funded.  The "Green Mountain State" is a Green mountain state.  Most people will attribute an angry regulated business owner to some kind of Republican Fox News related profit-motivated decision to expose the environment to risk.You know, risk perception.  Here's a link:   

In social interactions, the perception of how risky our decisions are depends on how we anticipate other people's behaviors. We used electroencephalography to study the neurobiology of perception of social risk, in subjects playing the role of proposers in an iterated ultimatum game in pairs. Based on statistical modeling, we used the previous behaviors of both players to separate high-risk [HR] offers from low-risk [LR] offers. The HR offers present higher rejection probability and higher entropy (variability of possible outcome) than the LR offers. Rejections of LR offers elicited both a stronger mediofrontal negativity and a higher prefrontal theta activity than rejections of HR offers. Moreover, prior to feedback, HR offers generated a drop in alpha activity in an extended network. Interestingly, trial-by-trial variation in alpha activity in the medial prefrontal, posterior temporal, and inferior pariental cortex was specifically modulated by risk and, together with theta activity in the prefrontal and posterior cingulate cortex, predicted the proposer's subsequent behavior. Our results provide evidence that alpha and theta oscillations are sensitive to social risk and underlie a fine-tuning regulation of social decisions.
(Wow, how's that for a dollup of obfuscation?  If you can't follow it, however, you cannot understand or defuse "state hate")

Risk is a statistic, a perception, something to be weighed in scientific method.  It's also deeply rooted in our hippocampus, mitigated by the reasoning in the cerebral cortex.  How regulators (who tend to be risk averse) interact with entrepreneurs (with the opposite tendencies, relatively speaking) offers a case study for how democracy is breaking down,how libertarians and social conservatives and liberals are getting whipped around in circles.  Here is a national news story (Fox News) on a law proposed by GOP
Republican lawmakers in the House are pushing legislation that would prohibit the Environmental Protection Agency from proposing new regulations based on science that is not transparent or not reproducible.  The Secret Science Reform Act, introduced Thursday by Rep. David Schweikert, R-Ariz., would bar the agency from proposing or finalizing rules without first disclosing all "scientific and technical information" relied on to support its proposed action.

Reporting Neither Policy

Why there should be no "recycling policy" and no "mining policy".   

There should only be a "raw material policy".  

In a recent Slashdot.org essay, commenters bemoan the fact that national dialogue is increasingly polarized, and "lacks nuance".   I contributed the following in response to the essay, "Edward Snowden and the Death of Nuance" by Dennis Fisher.  (Snowden and NSA debate is to Slashdot what Michael Jackson was to National Enquirer, or Michael Jordan was to Sports Illustrated).
"I'm from 3 generations of journalists, and part of the problem is that news outlets need to a) attract readers (make it interesting and simple), and b) are trying to cover stories that are frankly out of the reporters depth and comfort zone. Reporters want to cover both sides of an issue, and the easiest way to do that is to find two sources who disagree strongly... Opposite + Opposite = "fair and balanced". When "long form journalism" is proposed as an antidote, we still suffer from weak audience attention spans and excuses for writing prose that lacks punch, or remains lazy-sourced.
"This, in turn, rewards "experts" who take a polarized view. If your expertise provides nuance, you have to compete for the reporter's attention. So much easier for reporters to submit black-and-white points of view. Often reporters tell me they are afraid NOT to interview loud and ignorant people out of fear of "not having covered their side".
"In my particular field (electronics scrap policy) I've tried to interest reporters in identifying victims of policies which lack nuance - a "derivative" of the story which fits the black-and-white reporting model. The "victimhood" of un-nuanced policy can sometimes trigger "blame" and "innocent or guilty" coverage paradigm. I realize too that it's not the reporters fault that readers/audience response to nuanced articles is "Whoosh". "Whoosh" doesn't sell papers and tv ads. I fear this is causing erosion of even stronger news sources (The Economist, WSJ, NYT, etc)."   Read the 180 comments
After I hit submit, I was bugged by my reference to "Electronic Scrap Policy".  It has become an "export vs. non-export" policy, largely, or a manual disassembly vs. shredder debate, or a repair vs. obsolescence debate.    Victimhood triggers the "nurture and underdog" responses among readers and reporters alike, and to make any of these points of view "newsworthy", we are all scavenging for victims.

The Trouble with "E-Waste" Stewardship: Part I

I'm not against Product Stewardship.  


keys to the city

The problem is, in their very first foray into command and control of "waste" and "markets", they chose something poorly defined and extremely complicated.  By applying a vocabulary change, and an invented word "e-Waste", they made surplus electronics policy and RCRA look a whole lot simpler than it is.

Looking back, I can see how we created some Myths about "E-Waste" [Top 10: Greenwala], and got ourselves into a world of ghost tonnage, capacitor recalls, conspicuous consumption,  planned obsolescence, local taxes, patent extension, non-tariff trade barriers, mineral policy, Egyptian revolutions and social engineering in the developing world.   So many things, it turns out, that running a successful paper recycling business, with a CDL from Boston, had qualified me, and others like me, to put ourselves in charge of.

One reason I went into electronics recycling was that it's rich and complicated field.  Compared to paper recycling (where I cut my teeth at a self-sustaining NGO Earthworm Inc. in Boston), computer recycling was dynamic.  Used PCs were extremely complex, with software issues (growth of software, not bad design, doomed the 486, Pentium I, etc.), repair and upgrade, counterfeiting, planned obsolescence, and international trade.  The analog signal auctions planned in 1996 to replace analog rabbit-ear TVs, the hard rock copper mining, the Superfund bankruptcy, mercury and toxics, and digital divide... It was like I'd moved from the farming communities of the Ozarks to live in a Recycling Policy Metropolis.

Having worked for 8 years in state government, I can tell you that state and county employees got excited by this too.   My years at DEP were a thrill and an honor, as I was able to recruit or hire some of the best and brightest staff in my lifetime.   We had a half a floor of environmentalists with policy and engineering degrees, many from prestigious schools in Boston.  And we had a track record - we had created curbside recycling, in the shoes of the officials who made bottle bill returns the law before us.  We had taken two laws, the bottle bill and RCRA, designed to promote solid waste, and had done things like create recycled paper content in federal purchases, saving trees and baby owls, and making it incredibly easy for our neighbors across the street to do so.  We made some mistakes (fodder for another blog), but on the balance, our market interference created certainty of recycling raw material supply, which had been the main problem for paper mills who were more confident about supply from a forest they owned than a fickly Earth Day hippie do-gooder marketplace.

So after a couple of decades of recycling successes, state recycling departments were flush.

We'd tackle "toxics next".  As I said to the staff in my last years at DEP (going strategically to take oversight of another department, perhaps), landfills weren't closing because they were too heavy.  The issue with unlined landfill closure was toxics.  We had to position ourselves to assess the quality of the waste we were diverting.

It was my own private mission creep, but as I grew my own department, others in the business of state government grew their agendas as well.

Tomorrow Part II:   How States Rushed In to Surplus Technology Policy

EPA drafts new "Reuse Sale" Rules for CRTs

(Late additions in red)


When does "closing a loophole" crossover into "prosecuting the innocent"?  What are the legitimate reuse applications for CRT (Cathode Ray Tube) monitors, and when do concerns over their high disposal cost make it an EPA, rather than Department of Commerce, issue?

These are the questions that EPA's Newly Proposed CRT Export Rules are meant to resolve.

When the EPA CRT Rule was first issued in 2006, after a couple of years of investigation, it rightly allowed for the "determination" of waste to be made by the recycler, followed by EXPORT based on that determination.

At that time, despite false and fabricated claims that 80% of the CRTs exported wound up in primitive recycling operations like Guiyu, the commerce was mostly driven by three factors:

  1. Original CRT Manufacturing Plants (same as warranty repair) were buying back CRT monitors with key functions
  2. These refurbishing factories were selling the SKD CRTs to 3B3K nations - the 3 billion people who are neither richest or poorest, but who were gaining internet access at 10 times the rate of growth of OECD nations.
  3. The only places the factories could get decent, newer CRTs (at the time) were the wealthy countries, which were rapidly turning them over to replace with flat screens.

The ubiquitous photo of the Chinese woman hammering the yoke off with a hammer raised peoples concerns, but in the end EPA allowed export for reuse on two conditions:

A)  One time notification
B)  Maintenance of 3 years of records showing actual reuse.

The problem in implementation was B.  I have kept meticulous records, and can't get anyone at EPA or Region I to show any interest in them.   They aren't getting them from any of my competitors, either.  This is how "reuse" becomes a loophole.

The EPA is now trying to close this loophole by creating an EPA-to-foreignEPA dialogue tracking the CRT to make sure that their sale is recorded and tracked.  They also want the same reports to be generated by everyone in the transaction - buyer, broker, and seller.   Excuse my lack of enthusiasm... but is the solution to never having reviewed the 3 years of records really to demand more records from more people?

The other issue is that EPA appears to be leaving out Department of Commerce and US Trade Offices out of the discussion.   Those entities know that when the Communist Party owns a factory making brand new CRTs, that they have a bias or incentive to ban USA Commerce.   Working CRTs which are sold for refurbishment are USA products, governed by Commerce.  The USA shouldn't set a precedent simply allowing a foreign nation to label our goods as a "waste" if they are not being discarded or speculatively accumulated.


See past post "Red Scare: Competent Authority Decision Trees" 


If China bans import of a computer which could be used to display a photo of the Dalai Lama, does violating that ban really trigger USA EPA enforcement?  These are "color orange" laws... a foreign nation can ban the color orange, but the USA should not draft a law which incorporates that into USA law by simple reference (making it illegal to export orange goods to a country banning the color orange).   There needs to be a clear environmental case against reuse.   Otherwise, another nation may use environmental laws to subterfuge WTO free trade agreements.  


China is already being investigated by WTO for doing this with rare earth metals.  If USA EPA makes it illegal to violate China's "environmental law" on trade in the commodity, then it doesn't matter if China loses the WTO case - you have now violated USA LAW by buying the "environmentally regulated" rare earth metals, which the USA made illegal based on the foreign nation's "competent authority" rule.  Reuse of CRTs is not an environmental crime, and second-hand goods are not "waste"... the Department of Commerce knows the distinction, and needs to be involved in this.  

But is CRT reuse still an important market?   That is a bigger "question mark" today than it was ten years ago.  The biggest difference is that foreign markets can now shrug the USA suppliers off... there are more displays in more places, new and used, than ever before.  If the USA wants to cut off its own nose, off with it, say the long-insulted CRT refurbishing factories.

Ethical: Samaritan "waste" to slums (The Red Shoe Blog)

The "red show blog" (April 2011) was Tocquevillian.

Why RCRA needs a "good samaritan" rule for Americans trading with people in emerging and converging markets.

Disposal used to mean throwing something into the gutter of a street.  In some of the world's slums, that is still the primary method of waste disposal.   If you throw something into a gutter next to other stuff that is wet and abandoned, you can't really say that you considered the object a valuable commodity.

But what if you were walking the streets of a slum, in India, Pakistan, Kinshasa, and you dropped a $100 bill on the street?  Ethically speaking, is that the same thing as littering?

It could be argued that it was stupid.  Or callous.  Or demonstrated a lack of concern or care whether the $100 bill would do any good to anybody, if it was blown away or trodden into the mud it would have been "wasted".  PREMISE:  Value by itself does not mean that something is not waste.

From the Red Shoe Site blog
But imagine you kept your eye on the bill, and you intended to make sure it was either found, or that you'd come back for it.  You mark where it is thrown by a single red high heeled shoe in the gutter, and watch.  You see a small girl pick the money up, gather excitement, and carry the bill to her parents.   Every day thereafter, the little girl comes to look beside the discarded red high heeled shoe.  Naturally, you'd begin to recognize her, identify her, empathize with her.  You might want to leave a $20 bill by the red shoe again.

Ethically, this is no longer "disposal".   I don't think you would define the bill as "waste".  PREMISE:  If not abandoned, placement by itself does not indicate intent to discard.

Now imagine the object you leave in the slum is a device, something else of $100 "value".   Imagine further that the device contains a circuit board, that it is an "electronic device".   The fact that it is fully functional and working does not mean that it is not waste (premise 1), and the fact that it is exported does not mean it has been discarded (premise 2).   The rules we establish for a $100 bill must also apply to laptops.