Thinking about the EPR Think Tank

More than 120 people braved the single-digit temperatures in New York City to attend this year’s EPR Think Tank, demonstrating just how big of a priority Extended Producer Responsibility is for producers. The two-day gathering was attended primarily by attorneys and regulatory compliance professionals who were there to learn the latest on compliance and enforcement issues. In addition to the high-level of interest despite the weather conditions, here are some other key takeaways from the event:

• Interchange 360 Director of Membership Services Mark Carpenter spoke on a panel along with the Cylinder Collective and the Glass Packaging Institute on the need for independent EPR pathways for hard to recycle materials. The concept was well-received, particularly by attendees unfamiliar with the issue. Panelists agreed that when independent recycling pathways exist, material should not be deemed unrecyclable by default. In states with mandated recycling rates for materials, particularly for plastics, this creates an unfair burden on producers. In California, for example, if the Producer Responsibility Organization (PRO) fails to meet the required recycling rate, it may face penalties, driving up costs for all members.
  
  
• All eyes are on California. From truth in labeling requirements, a drawn-out rulemaking process, contradictory laws (both within California and when compared to other states), stringent requirements and fees within the state’s EPR law (SB 54), and the legal environment, producers are closely monitoring what is happening in California. There was a general consensus that producers will be stuck making tough decisions on several issues there and will have to determine the best way forward for their business.

• Enforcement is coming. Regulators from both Oregon and Colorado indicated that while compliance is still the focus, industry should expect to see more enforcement actions on the horizon. In fact, in Colorado, staff positions were recently added at the Colorado Department of Public Health and Environment to focus on enforcement. Several panelists predicted that the fines included in EPR laws wouldn’t be as big of a deterrent as the prohibition of sales in a state for noncompliance or the stigma of not being listed as a registered company.
  
  
• EPR is a company-wide issue. While EPR often falls under the responsibility of regulatory compliance and/or sustainability departments, it’s important to bring every department (sales, marketing, legal, C-Suite, etc.) into the discussion. This helps ensure all staff fully understand EPR (what it is, why the laws exist, timelines, budgets) so they can better support those responsible for compliance.