Feeling Overwhelmed by EPR Registration? We’re Here to Help

With Colorado’s July 1 deadline for EPR registration fast approaching, many producers in the petroleum and automotive products sector are feeling uncertain about what’s required and what happens if they don’t act in time. LPMA powered by Interchange 360 was created specifically to support producers. We understand the unique challenges our industry faces under EPR laws, and we’re here to make the compliance process as straightforward as possible.

Below, we’ve answered some of the most common questions we’ve received to help you move forward with clarity and confidence.

1. Do I need to register? 
   If you manufacture or are responsible for the manufacturing of a product on LPMA’s Applicable Products List, then you need to register before July 1 in Colorado (check with your legal counsel regarding the definition of obligated producer, including for e-commerce sales). 
    

2. I am a small business, am I exempt? If so, do I still need to register? 
   Producers are exempt if they have less than $5 million in gross revenue during the prior year or less than 1 ton of covered materials sold, offered for sale, or distributed in Colorado. If you are exempt, you still must register in Colorado.  
    

3. Who do I register with? 
   If you sell any materials on LPMA’s Applicable Products List, you must register with LPMA. For all other materials, including consumer-facing secondary packaging (i.e. a box used to sell four quarts as one package), producers need to register with Circular Action Alliance. 
    

4. What is the registration process for LPMA? 
   Download and sign LPMA’s Colorado Participation Agreement and email it back to MemberServices@interchange360.com. You will receive a confirmation once it is processed. 
    

5. Why does the petroleum and automotive products industry have a separate compliance organization? 
   There are a number of reasons LPMA was founded to support the compliance efforts of the petroleum and automotive industry. One primary reason, is the products on our list can be covered under different types of EPR laws: packaging, household hazardous waste, and automotive fluids. As EPR policies evolve and increase across the U.S., the industry wanted one single compliance organization for all of its products instead of having to deal with multiple depending on each state. 
    
   Furthermore, packaging EPR laws often focus more on curbside recycling programs. Due to contamination, petroleum and automotive products cannot be comingled with other materials in curbside programs. They are therefor considered non-recyclable, and producers are paying into the program to just landfill their products. In the long run, this will lead to higher fees for producers. LPMA’s separate collection and recycling program allows for better environmental outcomes and reduced costs over time.  
    

6. Why are we only required to register with LPMA in Colorado? 
   Each state law is different. In Colorado, LPMA submitted an Independent Program Plan (IPP) and was approved by the Colorado Department of Public Health and Environment (CDPHE) as a compliance organization for materials on our acceptance list. We are currently active in other states to find pathways of operating programs that improve the environmental outcomes and lower fees for our members. 
    

7. How do I know my competitors will register and what happens if they do not? 
   CDPHE is requiring LPMA to post a list of registered producers on our website. If you are aware of company that is not complying, please notify LPMA at MemberServices@interchange360.com. We will work with the producer to ensure they are in compliance. Companies that refuse to comply could face penalties from CDPHE including the restriction of sales of their products in the state. 
    

8. Why are your fees monthly? 
   As EPR is a relatively new compliance category in the United States, LPMA anticipates that there will be a learning curve in the reporting. With monthly reporting, the goal is to catch any issues such as over or under reporting up front before they go on for a prolonged period of time at significant cost to a producer. It may be more work up front, but in the long run save a significant amount of time and money. 
    

9. What if I don’t have all my data? 
   The law requires registering by July 1 and reporting by July 31. If you do not have all your data by July 31, report on the data you do have. Companies can file amended reports adjusting their amounts at a later date.  

If you need assistance or have specific questions about your company’s situation, don’t hesitate to reach out to our Membership Services team at MemberServices@interchange360.com.

We’re here to help you get it right.