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Extended Producer Responsibility in Practice . May 16, 2012. By Kathy Frevert, CalRecycle, 916-341-6476 . Typical: Waste is a Local Responsibility. State Gov’t. Local Gov’t. Producers.

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May 16 2012

Extended Producer Responsibility

in Practice

May 16, 2012

  • By Kathy Frevert, CalRecycle, 916-341-6476


May 16 2012

Typical: Waste is a Local Responsibility






Slide Courtesy of California Product Stewardship Council (with modification)

May 16 2012

Extended Producer Responsibility

Producers (brand owners) oversee

Slide Courtesy of California Product Stewardship Council (with modification)


  • 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?

Stewardship organizations mfrs
Stewardship Organizations/Mfrs

  • Develop plans, fund and implement programs

  • Determine financial approach

  • Report on progress

  • Adjust plan

State government ensure fairness
State Government: Ensure Fairness


  • Review and approve stewardship plans

  • List compliant manufacturers at website

  • Review annual reportsand check progress

  • Ability to assess civil penalties to anyone in violation of anyprovision


  • Only sell product that is covered under an approved plan

Presentations cover
Presentations cover:

  • Carpet

  • Mercury containing thermostats

  • Paint

  • State and local government perspectives

Why carpet
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

Carpet recycling ab 2398
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.

Carpet recycling overview ab 2398

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

Carpet recycling overview ab 23981

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

Carpet recycling overview ab 23982

Carpet Recycling Overview (AB 2398)

  • Financing

    • Collect assessment -5¢/sq yd, visible on all receipts (July 2011-2016), 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

Carpet recycling overview ab 23983
Carpet Recycling Overview (AB 2398)

  • Enforcement , may occur if:

  • Mfr/Stewardship Org doesn’t 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

Key implementation dates
Key Implementation Dates

Green = already occurred or is happening

Conditional plan approval

Conditional Plan Approval

  • 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.

Results july dec 2011
Results July – Dec 2011

  • 3500 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, 2011

  • 204 people directly employed in carpet recycling

Results july dec 20111
Results: July – Dec 2011

  • 183 Million lbscarpet 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 Q3 2011

  • Green design: e.g., Interface push for closed loop recycling (2012)

Key lessons learned so far
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

Care carpet contacts
CARE Carpet Contacts

  • Carpet America Recovery Effort (CARE)730 College Drive, Dalton, Georgia 30720

  • Phone: 706-428-2127

  • Carpet Stewardship)

  • in questions)

  • OK to copy CalRecycle staff on messages.

Calrecycle carpet contacts
CalRecycle Carpet Contacts

  • Kathy Frevert


  • FareedFerhut

    (916) 341-6482

First ca epr law mercury thermostat collection act of 2008

First CA-EPR LawMercury Thermostat Collection Act of 2008



Manufacturer requirement
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

Manufacturers were required
Manufacturers WereRequired

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

Existing requirements
Existing Requirements

  • Mercury containing thermostats have

    • Sales ban since 2006

    • Disposal ban

Who else i s r esponsible
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

How are we doing
How are we doing?

Recent Annual Report (2011)- TRC collected

  • 18,697 intact mercury thermostats and

  • 255.84 pounds of mercury

  • Number higher compared to 2010 report

Compared to sera report
Compared to SERA* Report

  • *SkumatzEconomic Research Associates

Dtsc efforts
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

Dtsc regulations
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

What s new
What’s 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

Thermostats at national l evel
Thermostats at National Level

States with mandated programs- California, Illinois, Iowa, Maine, Montana, NewHampshire, Pennsylvania, Rhode Island and Vermont

Pounds per capita of mercury recovered
Pounds PER CAPITA of Mercury Recovered

How to improve
How to Improve?

  • Awareness

  • Access to program

  • Accountability

What m ay help
What May Help?

  • Payment

  • Participation

  • Performance

May 16 2012

Thank you

Contact :

NeenaSahasrabudhe Ph.D.

(916) 324 8660

May 16 2012
California’sPaintStewardship Law2012 Used Oil + HHW + WSPPN Training & ConferenceMay 16, 2012By Cynthia Dunn

Why paint

Why Paint?

Almost 1/3 of the HHW collected through local HHW programs (2011)

Costs local government millions of $ to manage

Paint stewardship law ab1343

Paint StewardshipLaw (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 coveredunder an approved plan

Manufacturers submit annual reportsto CalRecycle

Key stakeholders

Key Stakeholders



Service Providers


Government: Local governments & CalRecycle

Other Organizations/Entities:E.g., ACA, CPSC, RCRC, ESJPA, CAW, DTSC, CUPAs

Calrecycle s responsibilities under ab 1343

CalRecycle’sResponsibilities 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



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



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



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 $1.60

Activities to date



Preparing for program roll-out

Assessing infrastructure

Establishing contracts with service providers

Developing public relations campaign


Reviewing plan and CEQA impacts

Finalizing regulations to implement its responsibilities (est. final in early June 2012)

Key upcoming dates

Key UpcomingDates

June 2012 – CalRecycle regulations become effective

July 1 2012 – CalRecycle approves/disapproves plan

October 1, 2012 – PaintCare implements approved plan

September 1, 2013 – PaintCare submits annual report

Paintcare contacts


Marjaneh Zarrehparvar, Executive Director, (202) 719-3683

Paul Fresina, (415) 606-3211

Calrecycle contacts


Emily Wang


Cynthia Dunn

(916) 341-6449