Update on MPCA Product Stewardship Legislative Initiative

Transcription

1 Update on MPCA Product Stewardship Legislative Initiative February 19, 2013 Garth Hickle Minnesota Pollution Control Agency p-rrr2-01b

2 Priority Products Solid Waste Policy Report Mercury Containing Lamps Paint Carpet Mattresses 2

3 Paint Paint is the largest-volume and most expensive material collected by HHW programs with annual costs of between $5 and $6 million. About 10 percent (1.3 million gallons) of paint sold in Minnesota is left over with nearly 500,000 gallons going uncollected. Liquid paint (latex and oil) is prohibited from disposal : Latex paint accounts for 73 percent of collected paint. Oil-based paint accounts for 27 percent of collected paint) is considered a hazardous waste due to its flammability. Model legislation developed by the American Coatings Association has been enacted in OR, CA and CT. Paint Care, an industry funded and managed organization, is managing programs in the states with laws. A bill was introduced during the 2012 session supported by the ACA. 3

4 Legislative Activity Oregon (2009) California (2010) Completed rulemaking Plan submitted and approved Connecticut (2011) Plan due to DEQ by March 1, 2013 Program begins two month after approval Rhode Island (2012) Plans due by March 1, Expected bills in MN, NY, FL, ME, IL WA 4

5 Summary of Program in OR 7.5 million gallons sold (increase over pre-program year) Fee revenue of $4.2 million to Paint Care Collected 609,471 gallons (29.8 percent increase over PY1) Paint Care spent $2,831,356 for transportation and processing Increase in collection sites to % of state pop. with site within 15 miles Program cost of $6.27 per gallon 5

6 Carpet Total of 86,000 tons disposed annually Between 1 and 2.4 percent of MSW Olmsted WTE (2004): 1.16% Newport WTE (2007): 1.5% Elk River WTE (2007): 1% Carpet was 3.7 percent of the CDI stream (2007) 40,000 tons annually. One processor in MN (Bro-Tex) SCORE- 382 tons (2011) Six counties reported collection 6

7 Legislative Consideration in New York A introduced in 2011 Washington SB 5110 introduced in 2011 Hearing in 2012 U.S. Producers of must participate in a stewardship organization by January 1, Program must be approved and implemented by July 1, Program must finance, collect, and recycle discarded carpet. The program must include five-year performance goals Program offered at no cost to installers and no fees charged by collectors Legislative study bill enacted in Delaware Identified as priority product in CCME EPR Action Plan 7

8 AB 2398 in CA Starting July 1, January 1, 2013, a carpet manufacturer will add an assessment of $0.05/yd on the purchase price of carpet sold in California Expectation that $5 million will be collected annually Fee as stated in statute sunsets in 2013 Dealers and retailer must make assessment visible on all invoices Funds will be used: market growth of secondary products made from post-consumer carpet, reuse of post-consumer carpet recycling post-consumer carpet Paid to first-level processor Type I and II 8

9 Primary Batteries Total battery industry sales in the U.S. were estimated to be $3.5 billion in In 2010, approximately 5.4 billion units of single use batteries were shipped in the U.S. 96 million in Minnesota Single use batteries have approximately 80% of the total battery market. The rechargeable portion has grown from single digit percentages to the current of 20%. CBR formed in 2012 as stewardship organization 9

10 LCA Results LCA conducted by MIT Results: Most critical stage is raw material extraction Manganese dioxide and zinc Disposal vs. recycling dependent upon e.g. recycling technology Several collection scenarios with environmental benefit, some not All battery collection increases recovery of rechargeables 10

11 Policy Activity Eight states have enacted EPR laws for rechargeable batteries Minnesota and New Jersey statutes require reporting of recycling performance Federal Battery Management Act enacted in 1996 The EU implemented a Directive with performance goals of 25 percent by 2012 and 45 percent by 2016 British Columbia, Ontario and Manitoba implemented EPR regulations for all batteries. Ontario- Collection goals of 20 percent of program year one and 25 percent by program year. 11

12 Call2Recycle in MN Eight states have enacted EPR laws for rechargeable batteries Minnesota and New Jersey statutes require reporting of recycling performance Federal Battery Management Act enacted in 1996 The EU implemented a Directive with performance goals of 25 percent by 2012 and 45 percent by 2016 British Columbia, Ontario and Manitoba implemented EPR regulations for all batteries. Ontario- Collection goals of 20 percent of program year one and 25 percent by program year. 12

13 MPCA Legislative Initiative Brand owners must participate in stewardship program to sell in MN Stewardship plan submittal required: Description of the methods by which paint, carpet of primary batteries will be collected in all areas in the state without relying on end-of-life fees Explanation of how the collection system will be convenient and adequate to serve the needs of small in both urban and rural areas on an ongoing basis Description of how the adequacy of the collection program will be monitored and maintained Names and locations of collectors, transporters, and recyclers Description of how product will be safely and securely transported, tracked, and handled from collection through final recycling and processing 13

14 Stewardship Plan Stewardship plan components: The promotion and outreach activities to encourage participation in the collection and recycling programs Five-year performance goals: Estimate of the percentage of that will be collected, reused, and recycled during each of the first five years of the stewardship plan. The goals must include a specific goal for the amount to be collected and recycled and reused each year of the plan. The goals must be based on: Most recent collection data Estimated amount of disposed of annually Weight of the that is expected to be available for collection annually Actual collection data from other existing programs. A discussion of the status of end markets and what, if any, additional end markets are needed to improve the functioning of the program 14

15 Role for Local Government Implementation scenarios under discussion Participate in plan consultation process Local government specifically referenced County programs would be encouraged, but not required, to participate in the stewardship program Local government units which participate in the program required to submit a report to the agency indicating the cost savings to local government and how they used the money that was saved 15

16 Current Status One bill with three distinct sections Bill to be introduced shortly Introduced as standalone bill and part of budget Leadership is selecting authors First committee deadline is March 15 th Meeting with MN PSC, SWMCB, AMC, MN Chamber, Haulers, producer trade associations etc. 16

17 Potential Other Products Options for Waste Electronics Amendments to existing statute Expand scope of products Technical changes Substantial changes to program Shift to product stewardship plan Address all products placed on market PRO recommends goal Base obligation on weight collected previous year 17

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19 Potential Other Products EPR for packaging Recycling Reinvented (Paul Gardner) MN is one of six target states for 2013/2014 Leg proposal under development Cradle2 coalition formed- MN participation Container deposit Conservation MN Strong support from several commodity associations 19