Recent EPR Legislation Supports Collaboration
2022 is more than halfway through, and two more Extended Producer Responsibility (EPR) laws, HB 1355 bill in Colorado and SB 54 bill in California have passed. As of today, there are now four EPR laws in place since Oregon and Maine moved forward with their bills in mid-2021.
All four states have many similar requirements related to EPR. They focus on brand owners (producers) or companies that license or trademark a brand in which the product is sold or brought into the state by a third party. EPR laws focus specifically on single-use plastic packaging, however, packaging associated with certain product types is excluded, such as beverages (covered under existing bottle legislation), architectural paint, medical devices, and several other product categories. All of these EPR laws implement compliance through an operating structure referred to as a Producer Responsibility Organization (PRO), which has the responsibility of administering the producer responsibility program. The specific requirements of the PRO depend on the state. However, Maine is the only state so far that is proposing a single entity PRO, selected through a competitive bid process. Options do exist in some states for participating outside of a PRO, allowing for an independent company to comply; however, it has not yet been determined how fees will be assessed or what reporting expectations are needed. In any case, operating within a PRO will either be encouraged or mandated.
Implementing a circular economy in the U.S. is needed to decrease landfill disposal and increase reuse and recycling. For certain products, the collection, sorting, and recycling of plastic packaging costs more than the recovery value it creates. Therefore, without EPR legislation, it is unlikely that recycling reaches a meaningful scale; therefore, a significant share of waste will continue to end up in landfill every year.
The National Lubricant Container Recycling Coalition (NCLRC) can play a role in helping bring companies together to learn and help transition the lubricant container sector to the circular economy by minimizing plastic usage and increasing recycling rates. Even though the government plays a significant role in helping to create a new circular economy where plastic waste becomes minimal or never becomes waste, industry collaboration is crucial to face the changing legislation horizon in the U.S.
This collaboration will help create a resilient solid waste system that can withstand increasing demand and pressures from disruptions. For this, no company alone can shift the existing industry and community standards. To be able to make bold changes within the community, building trust and collaboration between many is essential.
From industries to households, everyone has an essential role in reducing the lubricant container waste problem in the US. The NLCRC founding leaders include Castrol, Valvoline, Pennzoil - Quaker State Company, Graham Packaging, Plastipak Packaging, Berry Global, the Petroleum Packaging Council, and Chevron.
Learn how the NLCRC is addressing the waste problem by becoming a member. Connect with us through LinkedIn and Twitter. If you have any questions or inquiries, send us an email at hello@nationallcrc.com.
