Carol Misseldine

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Bringing Extended Producer Responsibility (EPR) to California Presented by Carol Misseldine, City of Oakland and CPSC Northern California Recycling Association March 27, 2007

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CARD OF INSTRUCTION FOR HOUSEHOLDERS Put into Rubbish Bundles Bottles, Paper, Pasteboard, etc. Rags, Mattresses, Old Clothes, Old Shoes, Leather and Leather Scrap, Carpets, Tobacco Stems, Straw and Excelsior, (from households only) The Sanitary Code requires householders and occupants to provide separate receptacles for ashes and garbage and forbids mixing these in the same receptacle. This law will be strictly enforced. New York City – ca. 1905 Municipal waste was simpler then

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“Waste Generated” Waste has changed radically

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Products make up 75% of our waste Food Scraps Yard Trimmings Miscellaneous inorganics SOURCE: US EPA 2005 Waste Generation Designed for disposal

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Government takes action again HHW & recycling become community services

So What Is The Problem?: 

So What Is The Problem? CA continues to ban products from landfill Example: U-Waste Ban, 2/06 - All electronics with circuit boards - Mercury-containing products - Household batteries Bans without plans are unfunded mandates on local government Local governments can’t afford to collect and manage these materials– nor should they

Why Local Government Should Not Pay: 

Why Local Government Should Not Pay Local governments do not have the capacity or resources to effectively manage hazardous products It’s a subsidy that perpetuates waste

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[1] Although Kings County did return the survey, the survey contained no data. A fuller explanation of the county’s response can be found in its profile in Appendix E. SOURCE: MGT of America, 2002

Amount Collected is Tiny: 

Amount Collected is Tiny Less than 2% of fluorescent lamps are collected from households and small businesses. Less than 1% of alkaline batteries Less than 25% of rechargeable batteries Less than 10% of residents use HHW sites. CIWMB

Cost to Collect is Staggering: 

Cost to Collect is Staggering More than $100 Million needed to keep U-waste out of the trash in CA San Luis Obispo HHW program: Current budget of $300K would have to increase to $4 Million for U-waste products. CIWMB: additional $41 Million needed for 32 jurisdictions, for three U-waste categories.

Root problem: Welfare for waste: 

Root problem: Welfare for waste Municipal solid waste management is: A subsidy to the makers of toxic and throwaway products that encourages design for disposal. Welfare for waste.

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Solution: Extended Producer Responsibility (EPR) An environmental policy approach in which a producer’s responsibility, physical and/or financial, for a product is extended to the post-consumer stage of a product’s life cycle.

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Waste system Production & Distribution Industrial system Collection & Disposal

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Cradle-to-cradle supply chain Production & Distribution Industrial system Reverse Distribution

EPR Provides Many Solutions: 

EPR Provides Many Solutions Removes program or financing burden from local governments. Provides more convenient collection options than government can provide. Provides an economic feedback loop that can lead to cleaner, safer products.

Business Support for EPR: 

Business Support for EPR Manufacturers Want level playing field. Want non-prescriptive programs Government sets standards and outcomes, Industry designs and operates programs. Retailers Want contractual, not mandated relationship with manufacturers.

Business Support for EPR (cont.): 

Business Support for EPR (cont.) Manufacturers Collins & Aikman Dell Dunn-Edwards ICI Paint Kelly-Moore Paints General Electric Hewlett-Packard Honeywell White Rogers Retailers Ace Hardware Best Buy Circuit City Green Valley Disposal IKEA Orchard Supply Hardware Radio Shack Staples TruValue Hardware Universal Electric Walgreens

Broad Political Support for EPR: 

Broad Political Support for EPR Encourages smaller government Reduces unfunded mandates on local government Provides taxpayer relief Supports concept that industry operates more efficiently than government Eliminates subsidies to manufacturers

Example: Compact Fluorescents: 

Example: Compact Fluorescents Wal-Mart announced it will sell 100 million CFLs in 2007. CA Assemblymember Levine introduced legislation banning incandescents. No thought to collection of CFLs Assumption - local government would manage waste CPSC wrote letters to both: “CFLs are great, but ensure producer-financed collection system”

Example: Batteries and Cell Phones: 

Example: Batteries and Cell Phones

Example: Pharmaceuticals: 

Example: Pharmaceuticals

Where is California on EPR?: 

CIWMB Approved Strategic Directive on Producer Responsibility – Feb. 2007 “It is a core value of the CIWMB that producers assume the responsibility for the safe stewardship of their materials in order to promote environmental sustainability.” Where is California on EPR?

California Product Stewardship Council: 

MISSION “To shift California’s product waste management system from one focused on government funded and ratepayer financed waste diversion to one that relies on producer responsibility in order to reduce public costs and drive improvements in product design.” California Product Stewardship Council caproductstewardship.org

CPSC Participants (as of March 1, 2007): 

CPSC Participants (as of March 1, 2007) Alameda County Burbank City Contra Costa County Fresno City Kern County Los Angeles City Los Angeles County Marin County Moraga City Napa County Oakland City Palo Alto City Riverside County San Francisco City/County San Francisco, Port of San Joaquin County San Jose City San Mateo County Santa Barbara County Santa Clara County Santa Cruz County Santa Monica City Simi Valley City Sonoma County Bay Area Stormwater Management Agencies Association California Regional Water Quality Control Board California Stormwater Quality Assoc. East Bay Municipal Utility District

CA Local EPR Resolutions, Ordinances & Plans: 

CA Local EPR Resolutions, Ordinances & Plans 2001 Sonoma County EPR resolution 2006 February San Francisco September Morgan Hill City ( Santa Clara Co.) November Marin County JPA November Santa Cruz City 2007 January Oakland (Zero Waste Plan with EPR) February Santa Cruz County February Oakland EPR resolution February Sonoma Co. EPR Implementation Plan Pending Santa Clara County (Sharps & U-Waste) San Luis Obispo County (U-Waste -takeback to retail)

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“… by covering the costs of collection and disposal, local governments are subsidizing the production of waste -- because manufacturers know that whatever they produce, the local government will foot the bill for recycling or disposal;” San Francisco EPR resolution Whereas … Explore EPR solutions for problem products Add EPR to purchasing specs Lobby for state EPR legislation Therefore, we will …

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California Product Stewardship Council

Additional Information: 

Additional Information California Product Stewardship Council www.caproductstewardship.org/ Northwest Product Stewardship Council www.productstewardship.net/ Product Policy Institute www.productpolicy.org/ Product Stewardship Institute www.productstewardship.us/ Computer TakeBack Campaign www.computertakeback.com