The Recycler Issue 316

DecaBDE: Static CEO Lalley speaks out
Ken Lalley, CEO of Static Control Components, has spoken to The Recycler about the ongoing
DecaBDE scandal, which has seen illegal levels of the prohibited substance found in multiple
companies’ cartridge casings.
The Recycler: When was the issue first raised and what actions did
you take to ascertain the scope of the problem?
SC: We were first alerted to the problem after the Digital Imaging
article published. As soon as we heard the allegations, we
immediately contacted a third-party, independent laboratory in
Germany to conduct testing on both our cartridges and components
used in remanufactured cartridges. Our plastics are made in-house
as well as sourced from a variety of vendors. Our in-house plastics
are made from DecaBDE-free materials and our vendor contracts
require our vendors to certify their products are RoHS and REACH
compliant, in addition to other environmental regulations. It was
important for us to get to the bottom of the issue quickly.
The Recycler: What were the results of your tests?
SC: As we publically stated in December, the investigation revealed
the majority of our cartridges complied with all applicable
environmental regulations and a very limited number of cartridges
tested positive for DecaBDE, a fire-retardant chemical.
However, the test results were inconsistent with what was reported
in the original article. Our test results showed some of the Static
Control cartridge models alleged to contain excessive levels of
DecaBDE were actually found to be compliant with the regulations.
Albeit the original article was based on a very small sample, we used
the same models for our tests.
The inconsistent test results required us to investigate more
thoroughly. Static Control actually decided to test beyond just our
cartridges; we decided to conduct an audit and test the plastic parts
on our entire component line. The issue appears to be related to the
use of recycled plastics. DecaBDE is used currently quite legally in
some cases in permissible levels to allow for the reuse of plastics.
In addition, we tested offerings from a broad selection of the
industry with both cartridges and components, including - as you
would expect - some of our competitors. DecaBDE was found in the
vast majority of the industry cartridge and component samples tested
and in most of the competitor cartridges submitted to our laboratory.
These results indicate that the presence of DecaBDE is widespread
and endemic in the industry, and affects compatible cartridges,
remanufactured cartridges and components.
As soon as we discovered that DecaBDE was a far-reaching
problem, we discussed the implications of our testing with ETIRA.
We’re sure ETIRA will have more to say about this issue moving
forward in the coming weeks. However, our tests showed members
of both ETIRA and the German Recycling Association had product
with higher than permissible levels of the chemical. We will provide
results to those customers that we believe face the same challenges
we did in the coming days.
The Recycler: To your understanding, what is the law concerning the
use of DecaBDE in toner cartridges?
SC: When RoHS went into effect in 2002, it did not apply to
consumables including toner cartridges. Also, DecaBDE was
originally exempted from RoHS but was added in 2008 as the result
of a court decision.
RoHS was “recast” in 2012 (RoHS 2). Even under this new version
of RoHS, it was believed that toner cartridges were not covered.
However, in April 2014 the EU published a “Frequently Asked
Questions” document where, for the first time, it was specifically
stated that toner cartridges were Electronic and Electrical Equipment
(EEE) and thus subject to RoHS DecaBDE limitation.
The RoHS 2 regulation provided that EEE not covered by the
original RoHS could still be sold in the EU until 22 July 2019—
which most understood to allow the sale of toner cartridges
containing DecaBDE until that date. Yet, not all the EU countries
used the 22 July 2019 phase in date. In Germany, toner cartridges
(and the DecaBDE limitations) were covered at least by August 2018
when the German ElectroG Act came into force. As of January 2019,
toner cartridges are considered as EEE (and thus are subject to the
DecaBDE limitations) in most of the EU.
The REACH regulation will prohibit DecaBDE in all products (not
just EEE) put on the market in the EU after 2 March 2019. However,
to be clear - there is no REACH implication for DecaBDE for EEE
prior to March 2019 in Germany or anywhere else in the EU.
Further, the Waste Electronical and Electronic Equipment
Directive (WEEE) requires that EEE is disposed of in a separate waste
stream. So if cartridges are disposed of in accordance with the WEE
regulation, they will be recycled and not entered into the waste
system. Static Control is registered as a producer under WEEE.
The Recycler: What corrective actions have you taken?
SC: We’ve implemented more stringent testing to make sure
something like this doesn’t happen again. We are well aware that our
in-house made plastic and the majority of our vendors fully meet the
RoHS and REACH requirements. We plan to test random samples
of plastic moving forward to ensure our vendors remain compliant.
Our vendor agreement is clear in setting provisions for providing
RoHS and REACH compliant materials.
The Recycler: Are your products “clean” at this time?
SC: Since our December statement, Static Control’s European
cartridge offering has been free of DecaBDE. After our in-depth audit
of all our plastics, I’m happy to say that all components sold in
Europe also comply with RoHS and REACH standards.
Throughout this whole investigation, we’ve been as transparent as
possible with our customers. If any of our customers have any direct
questions, we encourage them to contact their sales representative to
discuss their concerns.
The Recycler: How big an issue do you think this is for the industry in
general?
SC: As we determined from our testing, the issue is widespread and
impacts compatible cartridges, remanufactured cartridges and
components. At Static Control, we are taking the necessary steps to
ensure that we are and remain fully compliant and encourage all to
do the same.
The Recycler: From your experience, what advice can you offer
others who find themselves in a similar situation?
SC: Despite having the most rigorous testing and vendor
qualification process, mistakes can happen. We’ve taken this whole
experience and learned from it. The DecaBDE issue has raised
questions for our industry as a whole, affecting suppliers of
compatible cartridges, remanufactured cartridges and components.
We must all look at our offerings and work together to hold plastics
suppliers to the standards set forth in the environmental regulations.
To our customers, we want to say that we take every measure
possible to ensure we are compliant with all the necessary regulations
around the world. Your Static Control sales representative can guide
you through any questions or concern you may have.
The Recycler: Many thanks to Ken Lalley for taking the time to answer
our questions.
4 THE RECYCLER • ISSUE 316 • MARCH 2019