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Extended Producer Responsibility for Packaging

in New York state

Packaging

Packaging and Plastic Pollution

Plastic Packaging

What is EPR? + Current Policy

Recycling

Municipal government collection

Material Recovery Facility (MRF) sorting, baling, and selling

Commodities

Market

Landfill

EPR Goals:

1) "Polluter Pays" shift cost from government to producers

Topic

2) Better design of packaging: more recyclable, more post-consumer recycled

3) Reduce waste, pollution, and GHG emissions

Company design with government oversight

EPR Mechanism

Market-based incentives: "eco-modulation"

Top-down regulation: fees, taxes, bans

New York EPR Bills

Senate, 2021

NYS EPR Bills

Assembly, 2022

  • Producers choose individual compliance or PRO
  • Producers design the plan, with DEC approval and oversight:

  • Eco-modulation fees: no fee for reusable, low fee for recyclable and post-consumer recycled content, high fee for non-recyclable
  • Can receive credits for post-consumer recycled content

  • Individual compliance, or PRO
  • Fee structure
  • Targets for recovery rates and post-consumer recycled content

  • Requires audit, reporting, and consumer education and outreach

  • Mandatory reductions of packaging:
  • 90% reduction of non-recyclable in 12 years
  • 50% reduction of all packaging in 10 years

  • Bans on hazardous chemicals

  • Requires audit and reporting
  • State assessment of program needs

Federal Bill: Break Free From Plastic Act, 2021

  • Establishes federal EPR:
  • Set targets for recovery rates, and post-consumer recycled content in beverage containers, increasing over time
  • National bottle deposit program
  • Carryout bag tax
  • Bans on single-use plastics to go into effect over time
  • Temporary moratorium on new or expanded permits for certain facilities that manufacture plastics
  • Limit exported plastic waste

Break Free from Plastic Act

How should EPR be designed?

The Debate: Who's responsible?

Shared responsibility?

Voluntary vs. mandated

Performance targets

Other goals

Stakeholders

Part 1

"Shared" Responsibility and Policy Design

Part 2

Mandatory vs. Voluntary

Financial costs

Targets

Program Management

NY EPR Recommendations

How can EPR work for New York?

  • Producers propose targets for post-consumer recycled content and recovery rates
  • Include eco-modulation incentive credits for reusable packaging in fee structure
  • Ban on toxic chemicals packaging
  • Include a version of the moratorium on new and expanded plastic manufacturing
  • Prevent "Advanced recycling" for plastic
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