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Manufacturers Of Electrical And Electronic Products Must Prepare For New Environmental Regulations
By Robert Falk, Peter Hsiao and Susan Linden
New legislation being considered in the United States Congress could dramatically affect how many electronics and electrical power products are manufactured in the United States. The Environmental Design of Electrical Equipment (EDEE) Act (H.R. 2420), introduced by Rep. Michael Burgess (R-Texas) on May 14, would amend the Toxic Substances Control Act of 1976 to restrict the use of materials such as lead, mercury, cadmium and hexavalent chromium in "electro-industry" products.
The legislation has widespread implications because "electro-industry products" are broadly defined. It would impact companies that produce equipment used in the transmission, distribution and control of electricity; systems used for arc welding, lighting, signaling protection and communication; medical imaging; and electrical motors and generators. The restrictions are similar to those in the European Union's Restriction of Hazardous Substance (RoHS) directive that became effective in the EU in 2004.
Numerous U.S. states have enacted (or are in the process of enacting) their own legislation regulating the use of heavy metals and chemicals in electronics and their presence in "e-waste" streams. The legislation is being looked upon favorably by trade associations affiliated with the electrical industry because it is relatively consistent with RoHS requirements and is intended to establish uniform national standards.
As currently drafted, H.R. 2420 prohibits the manufacture of any electro-industry product after July 1, 2010, that contains more than 0.1 percent by weight of lead, mercury, hexavalent chromium, polybrominated biphenyls and polybrominated diphenyl ethers as measured in any "homogeneous" material contained in the product. Cadmium concentrations cannot exceed a much more restrictive limit of 0.01 percent. A "homogeneous" material is defined as being of uniform composition throughout that cannot be mechanically disjointed into a different material.
As currently proposed, the legislation contains certain exceptions to these general limits. For example, the limits would not apply to specified products designed for high-voltage (300V or more) use; signaling protection and communication systems and products (including healthcare communications and emergency call systems); various transportation information and medical diagnostic equipment; and electrical metering and power generation equipment. If the bill becomes law it would also exempt specified amounts of lead in steel, aluminum and copper alloys and in solders with high melting temperatures. In addition, there are exemptions for cadmium, hexavalent chromium and mercury in certain specified uses.
The bill is currently pending before the House Committee on Energy and Commerce. Should the legislation be signed into law, the U.S. Environmental Protection Agency would have one year to promulgate guidelines establishing test procedures to determine concentrations of regulated chemicals in products.
-- Robert Falk, Peter Hsiao and Susan Linden are attorneys with Morrison & Foerster LLP, which is a legal advisor to electronics and electrically-powered product manufacturers. Hsiao’s e-mail address is phsiao@mofo.com; Falk can be reached at rfalk@mofo.com.
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