Indiana RoHS

In recent years, the surge in electronic device usage has brought to attention the concerns regarding the use of hazardous substances in electronics. Consequently, Indiana RoHS now obligates manufacturers to declare the presence of these substances in their products.

Scope of Indiana RoHS

According to Indiana code Title 13 (Environment), Article 20.5 (Electronic Waste), manufacturers of specific video display devices sold to households must submit an annual registration and report to the Department of Environmental Management (the Department). Per Indiana RoHS, manufacturers must declare the presence of certain hazardous substances. Like EU WEEE, Indiana implemented strict prohibitions against mixing electronic devices with municipal waste destined for landfills or incineration. Accordingly, manufacturers must provide a plan for collecting and recycling the covered electronic devices.

Products Covered Under Indiana RoHS

Similarly to Wisonsin RoHS, Indiana RoHS applies to video display devices sold to households, a television or computer monitor, including laptops, with a screen larger than four inches diagonally, either with a cathode ray tube or a flat panel screen.

On the other hand, the following video display devices are out of Indiana RoHS scope:

Devices used in motor vehicles or their parts, including replacement parts
Devices that are part of the equipment used for industrial, commercial, library checkout, traffic control, security, sensing, monitoring, counterterrorism, border control, medical, diagnostic, or governmental and research purposes
Devices within appliances like washers, dryers, refrigerators, freezers, ovens, microwaves, dishwashers, air conditioners, dehumidifiers, or air-purifiers
Telephones or commercial mobile radio service devices with screens smaller than nine inches diagonally

Hazardous Substances Under Indiana RoHS

Manufacturers of video display devices sold to Indiana households must declare the presence of the following substances in their products:

Lead
Mercury
Cadmium
Hexavalent chromium
Polybrominated biphenyls (PBBs)
Polybrominated diphenyl ethers (PBDEs)

Manufacturers Responsibility

Since 2009, manufacturers who sell, offer for sale or supply a covered video display device to a retailer must:

Attach a permanent and readily visible label to the device
Submit an annual registration to the Department and pay the applicable annual registration fee
Provide the Department with an annual report

Notably, the initial registration fee for the first program year is $5,000. Subsequent program years require a registration fee of $2,500 each.

Besides the registration fee, manufacturers who do not achieve the recycling goal during the program year must pay a variable fee for recycling. On the other hand, manufacturers can retain and use recycling credits for up to three years. They can also sell these credits to another manufacturer.

The Department waives the registration fee or a variable recycling fee for a manufacturer who produced fewer than one hundred video display devices for sale to households.

Furthermore, the Department maintains a list of manufacturers and their brands from submitted registrations on its website. The Department must promptly update the list upon receipt of a registration.

The Registration Deadline

Manufacturers of video display devices sold or offered for sale to Indiana households as of January 1 must register with the Department by March 1 of that program year. Additionally, manufacturers that start selling after January 1 must register within 20 days of starting sales for the current program year and by March 1 for subsequent years.

What Information Does the Registration Contain?

Manufacturers must include the following information in their registration:

A list of all brands of video display devices sold to Indiana households, whether owned or licensed by the manufacturer
Contact information (e.g., name, address, telephone number, etc.) of a person responsible for the compliance
A certification confirming that the manufacturer has adhered to and will continue to adhere to the requirements of this Article
An estimate of the total weight in pounds of the video display devices that the manufacturer sold to households in the past twelve months
A plan showing how the manufacturer intends to meet the recycling goal (at least 60% of the total weight of devices sold to households must be recycled)
A statement disclosing whether any of the manufacturer’s video display devices sold to households exceed the maximum concentration values set out in EU Directive 2002/95/EC (EU RoHS) for hazardous substances covered under Indiana RoHS or if any exemptions apply

Reporting Requirements

By March 1 of each year, a manufacturer must report to the Department the total in pounds of covered video display devices collected and recycled, or arranged to be collected and recycled, from households during the previous program year. Moreover, a manufacturer must report the following to the Department:

The number of recycling credits bought and sold during the preceding program year
The number of recycling credits the manufacturer plans to use for calculating its variable recycling fee
The number of recycling credits retained at the start of the current program year
The weight in pounds of covered electronic devices arranged to be collected and recycled during the previous program year but not converted to recycling credits

Responsibilities of Collectors and Recyclers

No individual can work as a collector or recycler of covered video display devices without submitting a registration to the Department and adhering to the applicable requirements of the Article. Collectors and recyclers must submit the registration annually by March 1 of the program year. In addition, they must also report annually to the Department the total weight in pounds of covered devices collected or recycled during the program year. Collectors must provide a list of recyclers to whom they delivered devices. Parallelly, the recyclers must submit a list of collectors from whom they received the products.

To learn more about RoHS in USA states, including Indiana, contact Enviropass!