1. EPR and the Role of Certifications and Standards Catherine A. Wilt, Director UT Center for Clean Products Virginia Recycling Association May 15, 2012

2. Presentation Overview--Objectives Review of EPR and Relation to “Green” Products What is the role of certifications & standards? What is your role as a consumer or business person?

3. Extended Producer Responsibility EPR: All actors in the product chain share responsibility for the life-cycle environmental impacts of the whole product system, including upstream impacts, manufacturing production impacts, and downstream impacts. The greater the ability of the actor to influence the life-cycle impacts of the product system, the greater the degree of responsibility for addressing those impacts.

4. Shift of Responsibility! Key aspect of EPR is the shift of responsibility for the impacts of a product –(1) the shifting of responsibility (physical and/or economically; fully or partially) upstream to the producer and away from municipalities, and – (2) to provide incentives to producers to incorporate environmental considerations in the design of their products (OECD, 2001).

5. Traditional Marketplace Until recently, “green” product defined by market in terms of: Recyclability Acute human toxicity Carcinogenicity Conventional thinking held that environmentally-friendly products were not cost competitive, nor perform as well

6. Today, “Green” Is In… Fundamental shift in the marketplace Merits of green no longer debated Dialogue centered on “what constitutes a green product?”

7. Clutter & Confusion!

8. What is “green?” Definitions (and more importantly, lack of definitions) is key. Examples: –“Natural” –“Environmentally- friendly” –“Green” –“Future Friendly”

9. What is greenwashing? Green-wash: the act of misleading consumers regarding the environmental practices of a company or the environmental benefits of a product or service.

10. What is greenwashing?

11. Terrachoice’s “Seven Sins of Greenwashing” 1. Sin of the hidden trade-off 2. Sin of no proof 3. Sin of Vagueness 4. Sin of Irrelevance 5. Sin of less of two evils. 6. Sin of fibbing. 7. Sin of worshipping false labels

12. Back to the Clutter…What to do?

13. Standards & Certifications While often used interchangeably, the two are not the same thing. A standard is a specification document that establishes environmental and human health parameters that must be met to be considered a greener product. A certification is proof from an independent 3 rd party that a product/service meets the requirements of a specific standard. It can be a blurry line sometimes….

14. “Types of Labels” International Standards Organization (ISO) has identified three “types” of label--Type I, II, and III –Type I: Voluntary & multi-criteria, by a 3 rd -party organization that specifies the standard & criteria for the product (ISO 14024) –Type II: indicates an informational environmental claim made by the manufacturer about its product (ISO 14021) –Type III: environmental impact of the product based upon life-cycle data (ISO 14025), resulting in an Environmental Product Declaration

15. EPDs Environmental product declarations (EPDs) are ecolabels that measure and disclose the environmental performance of products, much like a nutrition label In essence, they disclose a wealth of information but do not, on their own, make a claim of environmental preferability EPDs are becoming more popular in the US

16. Future Use of EPDs?

17. “Products that have a lesser or reduced effect on human health and the environment when compared to other competing products that serve the purpose” -- US Presidential Exec. Order 13101 Health includes physical, mental, and social well being Meant to encourage new product development Environmentally Preferable Products

18. Who defines an EPP? The US Federal Trade Commission defines and enforces use of environmental terms. “Guides for the Use of Environmental Marketing Claims” (aka “Green Guides”) Originally developed in 1998, review period for revisions ended a year ago; final ruling is still pending.

19. Ex: Green Guide Proposed Revisions Marketers should not make unqualified general environmental benefit claims such as “green” or “eco-friendly” (these claims are difficult, if not impossible, to substantiate). Seals and Certifications are considered “endorsements.” Marketers may need to disclose any material connections with the certifier (3rd-party certification does not eliminate a marketer’s obligation to have substantiation for its claims). An unqualified claim that a product or package is biodegradable means that it will completely decompose is no more than one year after customary disposal. Marketers should not make unqualified degradable claims for items destined for landfills.

20. Ex: Green Guide Proposed Revisions The Guides address claims of recyclability and introduce a three-tiered analysis for disclosing the limited availability of recycling programs (“substantial majority,” “significant percentage” and less than significant). A “renewable energy” claim should specify the source of the renewable energy. Marketers making “carbon offset” claims should disclose if the offset purchase funds emission reductions that will not occur for two years or longer.

21. What should one look for in an environmental claim? Bottomline: Do a little research and decide which eco-labels are trustworthy and which environmental attributes are most important within your home and community. From Consumers’ Union: –Meaningful and verifiable –Consistent and clear –Transparent –Independent and free of conflict of interest –Opportunity for public comment

22. Thank you! For further information: Cat Wilt Catwilt@utk.edu 865.974.4251

23. Direct connection between EPR and standards/certifications, in terms of trying to create a marketing driver for reducing waste, harmful constituents, etc.