Numerous states have producer responsibility laws in place for individual hazardous products such as paint, mercury thermostats, agricultural pesticide containers, and medicines and needles. When allowing the industry to control the program, certain parameters must be set in place to ensure there is robust transparency, a fair and level playing field, and no unintended consequences or loopholes.
By Jordan Wells and Heidi Sanborn
Welcome to the NAHMMA Corner! Extended Producer Responsibility, or more commonly known by its acronym EPR, was a policy approach few knew well in the U.S. 20 years ago, but had been widely used in Europe, Canada, and other parts of the globe for decades. Now, there are now more than 400 EPR programs in the world.
Historically, products entered the stream of commerce without producers putting any or little thought into what would happen to them at end-of-life (EOL). Now, with the implementation of EPR, producers are being forced to incorporate EOL management into product and packaging design decisions, since it is no longer someone else’s problem. When producers are required to think about EOL and there is a financial incentive for them to reduce costs, they will be more inclined to redesign their product to last longer, be repairable, and make it with recyclable materials, which can also mean the reduction or elimination of non-recyclable materials and toxic chemicals that make recycling more costly.
EPR reduces costs to local governments and ratepayers, increases consumer convenience, and ensures safe and proper disposal of collected materials.
Photo courtesy of Sonoma County Fire District.
Extending Producer’s Responsibilities for Household Hazardous Waste
Numerous states have producer responsibility laws in place for individual hazardous products such as paint, mercury thermostats, agricultural pesticide containers, and medicines and needles. In California, the PaintCare program alone saves local jurisdictions millions of dollars per year and minimizes the improper disposal of unwanted paint.
However, this product-by-product approach has left many toxic and hazardous products uncovered, and residents are still left with inconvenient and costly disposal options while producers are forced to comply with a patchwork of programs.
Vermont led the nation with the passage of the first comprehensive HHW EPR bill in 2023 and is currently in the process of implementing the law. In February 2024, California State Senator Ben Allen introduced Senate Bill 1143, the nation’s second HHW EPR bill. Sponsored by the National Stewardship Action Council (NSAC), SB 1143 is currently moving through California’s legislative process despite industry opposition.
During the same week, California State Senator Catherine Blakespear introduced Senate Bill 1066, co-sponsored by NSAC and Zero Waste Sonoma, the nation’s first EPR bill for marine flares.
However, not all EPR programs can have the same details because products are different. Some are consumable, some are not. Some need special handling like explosive marine flares, some can be collected back in stores like beverage containers.
In Short, Well Designed EPR Programs Work Only because The Devil is in the Details
When allowing the industry to control the program, certain parameters must be set in place to ensure there is robust transparency, a fair and level playing field, and no unintended consequences or loopholes. The government’s role is to simply provide oversight and enforcement. Eco-modulated fees are critical for incentivizing more eco-friendly products and processes, such as making a product or packaging easier to recycle or with less toxic additives. Source reduction, reuse, and recycled content should be included when appropriate.
At NSAC, we advocate for an equitable, circular economy and envision a society where nothing enters the marketplace unless there is an EOL plan. Join us if this is a cause you believe in. | WA
Jordan Wells, Director of Advocacy and Communications at the National Stewardship Action Council (NSAC), currently serves on the NAHMMA Board of Directors and is Vice Chair of the Advocacy Committee. She is a registered lobbyist in California and has been instrumental in passing many first-in-the-nation laws including the Truth in Recycling Labeling Act (SB 343 – Allen). Jordan can be reached at (916) 597-3593 or e-mail [email protected].
Heidi Sanborn, Executive Director at the National Stewardship Action Council (NSAC), is one of the nation’s foremost experts on EPR. Heidi has more than 35 years of experience working in the materials management industry, in both the public and private sector, and has helped pass and implement more local and state EPR laws than anyone else in the country. Heidi can be reached at (916) 217-1109 or e-mail [email protected].
Join NAHMMA’s May webinar on May 3, during which EPR will be discussed in detail. For more information, visit
www.nahmma.org.
References
https://leginfo.legislature.ca.gov/faces/billNavClient.
html?bill_id=202320240SB1143
www.nsaction.us
https://leginfo.legislature.ca.gov/faces/billNavClient.
html?bill_id=202320240SB1066
https://zerowastesonoma.gov