MANAGING SOLID WASTE THROUGH PRODUCT STEWARDSHIP LAWS: EMERGING ISSUES AND TRENDS THE COUNCIL OF STATE GOVERNMENTS FEBRUARY

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2 MANAGING SOLID WASTE THROUGH PRODUCT STEWARDSHIP LAWS: EMERGING ISSUES AND TRENDS THE COUNCIL OF STATE GOVERNMENTS FEBRUARY

3 WHAT I LL COVER What is product stewardship? What are its goals? How has it worked?

4 WHAT IS PRODUCT STEWARDHIP? A policy in which the producer s responsibility extends to the postconsumer management of that product and its packaging.

5 GOALS Green design Internalize costs Lower tax burden

6 INDIVIDUAL OR COLLECTIVE RESPONSIBILITY? Individual responsibility Collective responsibility (product stewardship organization)

7 EPR WORLDWIDE Europe: packaging & electronics Canada: widespread

8 EPR IN THE STATES

9 COVERED PRODUCTS Electronics: 25 Mercury: automobile switches: 15 Mercury: thermostats: 14 Mercury: lamps: 3 Batteries: 10 Paint: 8 Mattresses: 3 Carpet: 1 Other: 4

10 LOCAL LEGISLATION Pharmaceutical products Supreme Court ruling Sharps

11 DISAPPOINTING RESULTS 15-20% for waste electronics % for rechargeable batteries Less than 25% for mercury auto switches Less than 10% for mercury thermostats

12 WHY DISAPPOINTING? OVERALL Inconsistent laws Lack of accountability mechanisms State program oversight Mostly small, occasionally generated products Evolving products static laws

13 BATTERIES Small, easy to forget about recycling Call2Recycle 19 years 5% increase 12.6 million pounds Voluntary vs. mandatory

14 MERCURY AUTOMOBILE SWITCHES & THERMOSTATS Mercury automobile switches: Limited generation Banned from disposal End of Life Vehicle Solutions Mercury thermostats Limited generation Other options Thermostat Recycling Corporation

15 ELECTRONICS Disparity in state laws Covered devices Covered generators Financing/collection models

16 ELECTRONICS Weak end markets Outdated laws CRT glass Collection programs ending or adding fees

17 PAINT, CARPETS & MATTRESSES Paint: 8 states Mattresses: 3 states Carpets: 1 state All require advance recycling fee

18 PAINT, CARPETS & MATTRESSES PaintCare High recovery rate Immediate use a factor? Impact HHW programs Mattress Recycling Council Carpet America Recovery Effort Little data on carpets & mattresses Both bulky, only occasionally generated

19 WHAT WORKS? Nash & Bosso: Success of EPR relies on the capacity of all policy actors to set high expectations for EPR programs and work in concert to achieve them. Such capacity is especially critical for state environmental agencies tasked with program oversight, which must have the institutional means to demand rigor and accountability when they review manufacturers plans, assess progress toward performance goals and pursue penalties as appropriate.

20 WHAT WORKS? Recovery goals Access/convenience goals Program awareness goals Transparent fee

21 GOALS: GREEN DESIGN Electrical & electronics equipment End-of-life vehicles No evidence green design for packaging Bans: ROHS & TPCH Bans: Mercury bans from auto switches & thermostats

22 GOALS: INTERNALIZE COSTS? Pass through cost inevitable

23 LOWER TAX BURDEN Local government impact Where does it apply Is it efficient

24 EXPANSION: SHARPS & PHARMACEUTICALS Pharmaceuticals in King County WA & several local governments in California Not implemented yet Sharps legislation?

25 EXPANSION: PACKAGING & PRINTED PAPER Simple in concept, complex in execution (PPI)

26 CHALLENGES FACING EPR FOR PACKAGING & PRINTED PAPER U.S. is not Europe (& vice versa) Recycling programs not tax dependent in U.S. Existing contractual/franchise arrangements Antitrust Funding vs behavior change

27 CONCLUSION 33 states with laws Funding mechanism Electronics most common & having problems Paint most successful One size fits all approach not work for different products Behavior change crucial

28 FOR MORE INFORMATION: Chaz Miller

29 SOURCES From Birth to Rebirth: Will Product Stewardship Save Resources? Chaz Miller: advocacy-issues/aba-fall-mtg-paper-final pdf Extended Producer Responsibility: An Examination of Its Impact on Innovation and Greening Products /epr.pdf Planning the Funeral at the Birth: Extended Producer Responsibility in the European Union and the United States, Noah Sachs, sachs.elreuroexperiment.pdf

30 SOURCES Evaluation of Extended Producer Responsibility for Consumer Packaging : Grocery Manufacturers Association GMA_SAIC_EPR_Report_ pdf Extended Producer Responsibility in the United States: Full Speed Ahead? Jennifer Nash & Christopher Bosso / /version/1/file/Nash_Bosso_ pdf Extended Producer Responsibility Evaluation : Product Management Alliance PMA.SAIC.EPR.Evaluation.pdf

31 SOURCES Paint Stewardship: Effects on Household Hazardous Waste Programs Product Stewardship Institute resmgr/paint/ _PaintCare_HHW_Stu.pdf

32 ADVOCACY GROUPS Product Management Alliance: Product Stewardship Institute: Upstream:

33 MATERIAL SPECIFIC ORGANIZATIONS Call2Recycle Carpet America Recovery Effort Electronics Recycling Coordination Clearinghouse End of Life Vehicle Solutions

34 MATERIAL SPECIFIC ORGANIZATIONS Mattress Recycling Council National Center for Electronics Recycling PaintCare Thermostat Recycling Corporation

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