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May 16, 2012 1 By Kathy Frevert, CalRecycle 916-341-6476 Extended Producer Responsibility in.

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Presentation on theme: "May 16, 2012 1 By Kathy Frevert, CalRecycle 916-341-6476 Extended Producer Responsibility in."— Presentation transcript:

1 May 16, By Kathy Frevert, CalRecycle Extended Producer Responsibility in Practice

2 Typical: Waste is a Local Responsibility Producers Local Govt Slide Courtesy of California Product Stewardship Council (with modification) State Govt

3 Extended Producer Responsibility Producers (brand owners) oversee Slide Courtesy of California Product Stewardship Council (with modification)

4 Financing EPR offers sustainable financing Two types – Cost internalization – Eco fees Advanced recycling fees eco-fees Key point: EPR = private sector management of material recovery programs, including financing Ask: who handles the funds?

5 Stewardship Organizations/Mfrs Develop plans, fund and implement programs Determine financial approach Report on progress Adjust plan

6 State Government: Ensure Fairness Oversight – Review and approve stewardship plans – List compliant manufacturers at website – Review annual reports and check progress – Ability to assess civil penalties to anyone in violation of any provision 6

7 Retailers Only sell product that is covered under an approved plan

8 Presentations cover: Carpet Mercury containing thermostats Paint State and local government perspectives

9 Why Carpet? Carpet: 3.2 percent of waste by volume in CA (2008) - top 10 item Discarded carpet is a valuable resource! Lack of financing hindered recycling

10 Carpet Recycling (AB 2398) Signed in 2010, industry supported, builds off national MOU (2002) Law addresses – goals, financing, enforcement – allows individual or collective programs CARE is the stewardship organization – Implementation started July 2011 – Submitted plan to CalRecycle, conditionally approved Jan 2012.

11 Carpet Recycling Overview (AB 2398) Goals – Goals increase recycling of postconsumer carpet diversion of postconsumer carpets from landfills recyclability of carpets incentivize the market growth of products made from postconsumer carpet – Goals in stewardship plan approved by state – Plan conditionally approved, goals still under consideration One of first product stewardsh ip laws

12 Carpet Recycling Overview (AB 2398) Key stakeholders – Carpet America Recovery Effort (CARE) – Manufacturers (Carpet Mills and Entrepreneurs) – Retailers/Distributors – Haulers/Collectors/Processors – Government: CalRecycle and local governments – Organizations: CPSC, RCRC, ESJPA, CAW, others One of first product stewardsh ip laws

13 Carpet Recycling Overview (AB 2398) Financing – Collect assessment -5¢/sq yd, visible on all receipts (July ), about $5 million per yr – CARE distributes funds to Qualified carpet processors/entities CalRecycle for oversight and enforcement Evaluation – Annual report to CalRecycle, independent audits of program financing One of first product stewardsh ip laws

14 Carpet Recycling Overview (AB 2398) Enforcement, may occur if: – Mfr/Stewardship Org doesnt submit a complete plan or annual report – Retailers sell product not covered under an approved plan Administrative Civil Penalties – Up to $1,000/day; up to $10,000/day if the violation is intentional, knowing, negligent 14

15 Key Implementation Dates 15 Green = already occurred or is happening Collect Initial AssessmentsJuly 1, 2011, visible on consumer receipt Develop RegulationJan. 26, 2012 approved by OAL SO/Mfrs Submit Plan Sept. 25, 2011, resubmitted Dec. 29, 2011 CR Approves PlanJan. 17, 2012 conditionally approved Funds Distributed to Processors Feb. 6, 2012, Q3, 2011, March 16, 2012, Q4 List of Compliant Mfrs on CR Website July 1, 2012, and Jan. 1 and July 1 annually thereafter SO/Mfrs Resubmit Plan Dec 31, 2012

16 Conditional Plan Approval 16 Revisit baseline, measurement methodology, and goals after one year of California-specific sales data Fully implement the rural pilots All audits performed in accordance with GAGAS Resubmit Plan by December 31, 2012.

17 Results July – Dec Dealer and Retailer Kits distributed 80 Carpet Manufacturers Registered for CARE California Carpet Stewardship Plan – $2.5 Million Remitted by Manufacturers 50 Million square yards of carpet sold or shipped into California, July 1 –December 31, people directly employed in carpet recycling

18 Results: July – Dec Million lbs carpet discarded in CA landfills – 34 Million lbs Diverted (18%) – 13 Million lbs Recycled (7%) 16 Collectors and Processors (10 > 2010) About 8 Processors requested funds $703,000 distributed to Processors Processors audited after Q Green design: e.g., Interface push for closed loop recycling (2012)

19 Key lessons learned so far… Combustion of carpet residues – contentious issue Must allow time to set up accounting systems Data for baseline – challenging Recycling services in rural areas - pilot underway Flexibility – allow/plan for changing market factors Need for coaching, e.g., communications between collectors/haulers and processing facilities Most everything takes more time than expected Industry recognizes need to increase yields from materials collected -- PET

20 CARE Carpet Contacts Carpet America Recovery Effort (CARE) 730 College Drive, Dalton, Georgia Phone: (California Carpet Stewardship) (sending in questions) OK to copy CalRecycle staff on messages. 20

21 CalRecycle Carpet Contacts Kathy Frevert Fareed Ferhut (916)

22 First CA-EPR Law Mercury Thermostat Collection Act of 2008 Neena Sahasrabudhe DTSC 22

23 23

24 Manufacturer Requirement Manufacturer or a group of manufacturers operate a program Provide bins to collection centers/ businesses Cover recycling process including cost On April 1,2010 onwards submit a annual report to the Department 24

25 Manufacturers Were Required To Submit survey plan and methodology for a survey in March 2009 To provide statistically valid data on the number of mercury-added thermostats that become waste annually in California Outreach and education till December 2011 –Provide education and outreach materials to wholesalers, retailers and others –Develop PSA 25

26 Existing Requirements Mercury containing thermostats have Sales ban since 2006 Disposal ban 26

27 Who Else Is Responsible? HVAC** Contractors Demolishing Contractors Wholesalers Retailers HHWCF/ Collection Business Home Owners Any person who handles thermostats ** Heating Ventilation and Air Conditioning 27

28 How are we doing? Recent Annual Report (2011)- TRC collected 18,697 intact mercury thermostats and pounds of mercury Number higher compared to 2010 report 28

29 TRC Collection so far…… Year of Collection Thermostats7,54213,34018,697 Pounds of mercury

30 Compared to SERA* Report *Skumatz Economic Research Associates Collection Year TRC data (Thermostats collected) 7,54213,34018,697 Available for recycling (SERA Estimates) 237, ,000222,000 30

31 DTSC Efforts Outreach since 2008 Web postings, video, Published information Other state departments informed On field- 2010,2011 TWO DTSC reports on the study found Very few wholesalers involved Inadequate manufacturer outreach and education Contractors and businesses do not want excess burden 31

32 DTSC Regulations Shared previous draft and DTSC listened to all parties during the process Attempt is made to find aggressive and achievable balance New draft -April 2012 under internal review 32

33 Whats New? Daft regulations use manufacturer survey SERA study The department may order a manufacturer, or a group of manufacturers operating the program, to revise its program Department may undertake actions for its compliance No additional burden on businesses 33

34 Thermostats at National Level States with mandated programs- California, Illinois, Iowa, Maine, Montana, NewHampshire, Pennsylvania, Rhode Island and Vermont 34

35 Data for 2011 (Annual Reports) STATETotal Intact Thermostats Pounds of Mercury CALIFORNIA ILLINOIS IOWA MAINE MONTANA RHODE ISLAND VERMONT

36 Pounds PER CAPITA of Mercury Recovered 36

37 How to Improve? Awareness Access to program Accountability 37

38 What May Help? Payment Participation Performance 38

39 Thank you Contact : Neena Sahasrabudhe Ph.D. (916)

40 Californias Paint Stewardship Law 2012 Used Oil + HHW + WSPPN Training & Conference May 16, 2012 By Cynthia Dunn

41 Why Paint? Almost 1/3 of the HHW collected through local HHW programs (2011) Costs local government millions of $ to manage 41

42 My Reasons… 42

43 Paint Stewardship Law (AB1343) Manufacturers design, fund, and implement their program, individually or collectively Manufacturers submit plan to CalRecycle for approval, including assessment to finance program Retailers only sell products covered under an approved plan Manufacturers submit annual reports to CalRecycle 43

44 Key Stakeholders PaintCare/Manufacturers Retailers Service Providers Haulers/Collectors/Processors Government: Local governments & CalRecycle Other Organizations/Entities: E.g., ACA, CPSC, RCRC, ESJPA, CAW, DTSC, CUPAs 44

45 CalRecycles Responsibilities under AB 1343 Review and approve stewardship plans Post list of compliant manufacturers on website Review annual reports Ensure a level playing field among manufacturers 45

46 Goals Determined by manufacturers, can be revised by manufacturers, but must: Reduce the generation of postconsumer architectural paint; Promote the reuse of postconsumer architectural paint; and Properly manage postconsumer architectural paint at end-of-life 46

47 Financing Program financed through an assessment on price of paint Manufacturers collect assessment from retailers and distributors who recover the assessment from consumers Expect about $25 – 35 million to be collected annually by manufacturers 47

48 Financing Proposed Assessment: ½ pint or less$0.00 > ½ pint to 1 quart$0.35 > 1 quart to 1 gallon$0.75 > 1 gal to 5 gal$

49 Activities to-Date PaintCare Preparing for program roll-out Assessing infrastructure Establishing contracts with service providers Developing public relations campaign CalRecycle Reviewing plan and CEQA impacts Finalizing regulations to implement its responsibilities (est. final in early June 2012) 49

50 Key Upcoming Dates June 2012 – CalRecycle regulations become effective July – CalRecycle approves/disapproves plan October 1, 2012 – PaintCare implements approved plan September 1, 2013 – PaintCare submits annual report 50

51 PaintCare Contacts Marjaneh Zarrehparvar, Executive Director (202) Paul Fresina (415)

52 CalRecycle Contacts Emily Wang Cynthia Dunn (916)


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