Is Your Company’s e-Waste Compliant? Rules & Regulations Every Business Should Know
Twenty-five U.S. states currently have electronics recycling laws, including Pennsylvania. Is your company in compliance?
The responsible management of electronic waste (e-waste) has emerged as a top priority for businesses worldwide due to the financial and environmental consequences of negligent IT disposal, which cost companies millions in penalties and lawsuits while posing public health risks. In this blog, we'll outline the regulations you shouldn’t ignore if you wish to protect your business and the land beneath it. But first, it’s important to understand the pressing issues driving these regulations.
E-Waste Is Piling Up (And Not Slowing Down)
E-waste poses a significant environmental threat if not handled properly. According to the World Health Organization:
E-waste is the fastest growing solid waste stream in the world, increasing three times faster than the world’s population.
In 2019, an estimated 53.6 million tons of e-waste were produced globally, but only 17.4% was documented as formally collected and recycled.
When e-waste is treated using inferior activities, it can release as many as 1,000 different chemical substances into the environment.
E-Waste Poses Major Cybersecurity Threats
According to Cyber Defense Magazine, e-waste disposal is “not just about being sustainable.” It poses major cybersecurity threats. The magazine highlights a few overlooked facts about data breaches caused by negligent e-waste disposal:
Many companies prioritize data erasure with things like flash drives and desktop computers, but seemingly innocuous devices like fax machines can also provide a treasure trove of information for hackers.
A significant proportion of wiped hard drives still contain retrievable data. A recent study suggests more than 10% of wiped drives may contain recoverable information.
According to the 2021 Data Breach Report compiled by the Identity Theft Resource Center, cybercriminals are shifting focus to high-value enterprise targets, rather than concentrating their efforts on individual victims.
In 2021, average data breach costs hit $4.24 million. This represents the highest average since records began.
HIPAA Privacy Rule
For health care companies in possession of sensitive patient information, The Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule is in place to prevent this data, known as protected health information (PHI), from being compromised. When it comes to recycling old IT equipment that may contain PHI, companies must take several precautions to comply with HIPAA regulations if they want to avoid costly penalties.
Are You HIPAA and NIST Compliant?
The U.S. The Department of Health and Human Services maintains a public breach portal of all data breaches affecting 500 or more individuals – a list infamously known as the “Wall of Shame.” If you’d rather join the Hall of Fame and be HIPAA compliant, IT disposal must be conducted in accordance with the National Institute of Standards and Technology (NIST).
Meet HIPAA and NIST standards with 100% confidence: eLoop is HIPAA approved and tested for media “wiping efficacy” (e.g. destroying data from devices so it cannot be recovered) through a tool developed by NIST and the Department of Homeland Security Science and Technology Directorate (DHS S&T).
Contact us for data destruction services you can trust.
Resource Conservation and Recovery Act (RCRA)
At the federal level, the Resource Conservation and Recovery Act (RCRA) governs the management of hazardous waste, including certain types of e-waste. Under the RCRA, e-waste is not an official category of waste; however, that does not mean that e-waste is unregulated. Certain components of many electronic products contain materials (ex. lead, cadmium) that render them hazardous under the RCRA.
Does Your Old IT Contain Regulated Hazardous Components?
An example of a potentially hazardous part would be a cathode ray tube (CRT), which is the glass video display component of computer monitors, televisions, medical devices, and other aging electronics. In some states, CRTs are considered hazardous waste and are banned from landfills while others have made exemptions through universal waste laws.
Unsure if your equipment contains hazardous components and what RCRA regulations apply to you? eLoop is a certified e-Steward and member of CEOs for Sustainability – two accreditations that differentiate truly responsible recyclers from those who merely claim to be.
Contact us for compliant, cost-effective e-waste recycling services.
Product Recall Regulations
When electronic devices are recalled due to safety concerns or defects, proper disposal is essential to prevent environmental harm and public health risks. In a 2024 State of the Nation Recall Index report, U.S. product recalls surged 11% in 2023 to hit a seven-year high. The automotive and medical industries are particularly susceptible to mass recalls:
The number of automotive units recalled increased 23% year-over-year, to 38.43 million in 2023.
The U.S. medical device industry experienced a second consecutive year of growth in recall activity, rising to 975 events.
In that report, consumer product companies are told to “expect aggressive enforcement from both the Federal Trade Commission (FTC) and Consumer Product Safety Commission (CPSC)” in 2024. Proactive companies should have a plan in place for repairing, recycling, or destroying recalled products responsibly. In fact, it may even strengthen your reputation in the face of a crisis:
Source: “Product Recalls In North America.” Blue Link Associates.
eLoop Responds To Cancer-Causing Recall
A major manufacturer of CPAP devices contacted eLoop to destroy and recycle 1,000 recalled devices with cancer-causing filtration systems. eLoop dismantled and destroyed 7,000 lbs of CPAP machines in only 2 weeks, while also providing serial numbers for every part and certificates of destruction to the client.
Experiencing a recall? Contact eLoop.
Don’t Regret Your Recall Recycler
There’s only one thing worse than a recall: suffering from a data breach caused by the negligent disposal of recalled products.
With 25% of data breaches caused by negligence (including recycling mistakes), you want your recycler to meet the strictest data destruction standards in the industry, including:
NAID Certification verifies compliance with all known data protection laws.
ADISA is an independent data sanitization verification organization that promotes the highest standards in data security.
See eLoop’s certifications and compliance standards here.
Achieve Compliance Before 2025
Achieving e-waste compliance before 2025 requires proactive measures and strategic partnerships. Partnering with eLoop provides you with the expertise and resources needed to navigate the complexities of e-waste regulations. Contact eLoop today to accelerate your company's efforts to achieve compliance and safeguard the future of your company and the planet.
As one of the largest IT asset disposition companies in the region, eLoop makes it easy to safely dispose of IT equipment.
It’s simple:
We pick it up and pack it out.
You receive certified proof of data destruction & and accurate inventory reports.
You receive an environmental impact report if you need ESG reporting data.
You have peace of mind without lifting a finger.
Contact eLoop today: https://www.eloopllc.com/contact-us
References
Bluemner, Adam. “How to Manage Product Recalls in the Distribution Industry.” Software
“Breach Portal.” U.S. Department of Health & Human Services - Office for Civil Rights,
ocrportal.hhs.gov/ocr/breach/breach_report.jsf.
“Electronic Waste (e-Waste).” World Health Organization, World Health Organization,
“U.S. Product Recalls Surge 11% in 2023 to Hit Seven-Year High.” PR Newswire,
Vojnic, Milica. “The Importance of Responsible E-Waste Disposal for Enterprise
Cybersecurity.” Cyber Defense Magazine, www.cyberdefensemagazine.com/importance-of-enterprise-cybersecurity/.