EPR

pool 600px OK, I am dreaming. It has been hot and steamy in Boston, and it was even hotter and steamier in Florida on my parental check-in visit last week. I am dying to jump into a giant cool pool. But instead, I find myself reflecting…on the year behind and the year ahead…over the EPR landscape in the U.S.

As an organization, PSI has hit its stride. As we approach our 15th year, we are moving from adolescence and the Constant Present to implementing our fourth long-range plan for the future. We have a solid new board of directors that includes a balance of geography (East, West, Midwest, South), politics (red, blue, and purple), and skill sets – all 100 percent committed to advancing product stewardship programs across the U.S.

We have an equally committed staff of 9 dynamic individuals, supported by over a dozen interns and consultants, who juggle multiple projects, fundraise, promote our accomplishments, and assist in passing and implementing product stewardship laws and programs on about 20 product categories!

PSI’s membership and partnership programs have steadily increased from 150 in fiscal year 2009 to over 400 today, representing an active, vibrant, and expansive product stewardship professional network of individuals from agencies, businesses, organizations, universities, and non-U.S. governments. PSI’s finances have also improved slowly but steadily over the past 14 years, and this past year was the first time we broke through the million dollar revenue mark. Our funding strategy has always been to diversify, and we have been successful in maintaining a balanced portfolio of memberships, partnerships, private and public consulting, foundation funding, and other revenue.

The EPR movement in the U.S. has also matured. There are now 82 EPR laws on 11 product categories, with at least one law in 33 states. Over the past six months, there have been many EPR “firsts”:

  • Vermont passed the nation’s first primary battery law.
  • Colorado passed its first product stewardship law (the eighth paint law in the nation).
  • Two major household battery industries representing single-use and rechargeable markets jointly developed draft legislation, preparing for the introduction of bills in several states in 2015.
  • There has been acknowledgment by carpet manufacturers that they have a responsibility nationally to fund the recycling of their post-consumer scrap carpet.
  • And, as our colleague Matt Prindiville of Upsteam pointed out on our recent Annual Membership/Partnership Conference Call, the consumer packaged goods companies have also acknowledged their responsibility to recycle their packaging.

Moreover, several additional EPR laws have a chance of passing by the end of the year.

PSI has had a hand in all of these developments, at times to a significant degree, and has been instrumental in fueling the movement. And by PSI, I mean the large coordinated network that makes us who we are today (believe it or not, we’re not just a bunch of capable staff in a hip office in Boston’s South End 🙂 !). We, collectively with all of you, are able to experience this social change because we have built a strong coalition among government officials, businesspeople, environmental activists, academics, and the general public.

This change is inevitable. It makes sense. Manufacturers make stuff, so they should be responsible for managing that stuff. But we all benefit from that stuff, so we have roles too. Defining those roles and providing a vision for the End Game is what PSI does well. We know how to involve others, and we know that all stakeholders have important interests, unique technical information, and experience.

We have all done a good job at starting new EPR programs. We need to do a better job at recognizing that new programs will always need corrective action. Product stewardship programs are new in the U.S. and globally. We need to learn from our experiences and apply what we’ve learned to make our programs better.

Last, my trip to Japan in June to present a summary of the EPR programs in the U.S. to 130 global EPR experts at the Organization of Economic Cooperation and Development (OECD) was eye-opening, and a great privilege. I came away with an understanding that all of us—those in developed as well as developing nations—hold the pieces to a giant waste management puzzle. But we are not always connected. For example, while some in the U.S. want to ban the export of scrap electronics, government officials in India, China, and Malaysia want to build capacity through education and training to move the informal recycling sectors in their countries to healthy formal sectors – keeping desperately needed jobs. These are two pieces to the puzzle – our e-scrap and their recyclers – that so far have not been adequately connected.

I hope that you all get a chance to kick back a bit this summer, recharge, and reconnect to the people and things you love. Rest assured that, somewhere in our vast EPR network, there is the hum of activity, advancement, and accomplishment. This engine of product stewardship will never rest. But you should.

 

 

After 14 years, I have a newfound appreciation for PSI’s dialogue process.

The first time I put it to use was in the 1990s while serving as the Director of Waste Policy and Planning for the Massachusetts Executive Office of Environmental Affairs. I was on a mission to increase the recycling of used motor oil in the state. To accomplish this goal, I did what made the most sense to me at the time:

  • I developed a technical background document on the issue;
  • I met individually with key stakeholders;
  • I brought all stakeholders together for a structured dialogue; and
  • I mediated a bill with full stakeholder input.

As it turned out, the Massachusetts Petroleum Council (MPC) honored me not long afterwards as “Bureaucrat of the Year.” (They had actually intended that to be a compliment!). It was one of the first times that the MPC had come to an agreement with the state’s two leading environmental groups – the Massachusetts Public Interest Research Group (MassPIRG) and the Environmental League of Massachusetts (ELM).

Of course, the agreement was not my doing. It was only possible because experts from MPC, ELM, MassPIRG, and other key stakeholder groups were so skilled at representing their constituencies and understanding the issue of used motor oil recycling. They just needed a conductor.

Fast forward to today, in my role of Chief Executive Officer of PSI, and I still follow the same process that I first developed and put to use in the 1990s! It made the most sense to me then, and it makes the most sense to me, now. PSI is, after all, more of an orchestra leader than a virtuoso performer. We blend the range of stakeholder interests to achieve a solution that is sustainable – it’s all about money, jobs, and the environment.

What we want

Yes, PSI has an agenda – we support a strong role for producers. We believe that, in cases where post-consumer products have a negative value – where the cost of collecting and managing that product is greater than the value derived from its resale – legislation is the best way to create a level playing field that is fairest for all market competitors. However, we are pragmatists who seek negotiated solutions within the parameters of a large product stewardship arena.

PSI takes its cue from the expert “performers.” We attempt to meld progressive environmental group interests with risk-averse business interests – all while operating under the auspices of an organization that represents state and local government agencies that serve the public interest. We identify waste management problems, define a product-focused problem jointly with other stakeholders, seek joint goals, determine barriers to achieving those goals, identify possible solutions, and facilitate discussions to seek a common solution. Our understanding of waste management, bolstered by our network of members and partners, runs wide and deep, equipping us with both a bird’s eye perspective of the “big picture” and a unique knowledge of on-the-ground issues.

As it turns out, a state and local government forum offers one of the best opportunities for a fair and balanced discussion among divergent stakeholder groups. It excels at raising and resolving issues – resulting in reduced waste, more recycling, new jobs, and lower costs for governments and taxpayers.

The secret ingredient

The reason is fairly simple. PSI has an essential element: 47 state member agencies and hundreds of local government members that are on the front lines of managing waste. We take our lead from these officials, and many are in a position to impose legislated solutions on manufacturers. This unique political dynamic benefits not only governments, but also companies that wish to avoid having to juggle compliance with 50 different programs in 50 states. Over the years, I have watched other stakeholder meetings fall short of achieving their goals, and most times, it was for one or more of the following reasons: 1) not all key stakeholders were represented; 2) not all key issues or viable solutions were discussed; 3) the problem was ill-defined and/or the goals were not well-articulated; or 4.) the meeting did not foster the necessary political dynamic.

On June 11-12, PSI will convene a forum of stakeholders to increase the recycling of single-use and rechargeable batteries by developing model legislation. PSI’s effort will begin the nation’s first attempt at developing a model legislative solution for both battery types, with the support of both battery industry associations. Although there are many tough issues to resolve, all battery manufacturers share the desire to increase the recycling of their batteries. How we do it is key, and finding the right path will require the blending of multiple interests.

On May 11-12, PSI will convene a similar first-time forum to increase the recycling of scrap carpet by developing model legislation. Although carpet manufacturers fully support the goal of increasing recycling, they prefer a voluntary approach and oppose legislation. Increasingly, however, PSI is gaining the support of other product manufacturers for an EPR legislative solution—perhaps because of our ability to integrate their interests with those of our government members. The paint industry was the first to recognize the benefit of working with a national organization to develop a state-based model that could be rolled out nationwide. We hope to replicate that success with carpet, batteries, and other industry groups.

What does the future hold?

As the years go by and companies understand that money can be saved, jobs can be created, and waste can be reduced through EPR laws, opposition will surely erode and support will grow. It is inevitable because that is the writing on the wall. The only question is how painful or prosperous that journey will be along the way. Will poor laws be created that result in fewer benefits, or will strong collaborative efforts lead to effective laws with maximum benefits for all?

I will put my eggs into the collaborative basket, not because of blind faith, but because of the public and private conversations that I have every week with corporate officials who want to address the real waste management problems of our society. They want to do whatever it takes to change our world for the better, for their kids and grandkids, and for themselves. But this will require more product manufacturers to seriously engage in EPR legislative discussions.

The good news is that history tends to repeat itself. Much in the same way that PSI has experienced growing success with the same dialogue process that I started more than 20 years ago, I am confident that industries will, one by one, come to the table the way MPC did in the 1990s. The way the paint industry did in the 2000s. The way the battery and mattress industries are doing right now.

When the day comes that PSI orchestrates an open dialogue with all industries and government, well… you’ll have never known a happier (former) Bureaucrat of the Year.

–S.C.

 

I stared at the faces – perhaps one hundred individual photos, side-by-side – of all ages, sizes, and colors – cut down by the ravages of prescription drug abuse.

For the most part they were ordinary people, like you and me. A few fit the stereotype drug addict depicted on TV – disheveled, worn beyond years, tired, and glazed. But most were the epitome of success, gleaming with promise and potential.

As I gazed into their eyes in the lobby of the Omni Orlando Resort at ChampionsGate, which hosted the 2013 National Rx Drug Abuse Summit, the importance of our work on leftover pharmaceuticals solidly hit home. I can help prevent a death. I can help save a life. In fact, we can all help prevent drug abuse, and the death and destruction that appear in its wake.

I understand the over-simplicity in my statements. Every person carries historical baggage, and for some people, it may seem just too complicated, too heavy, too difficult, and too much to bear. All the support in the world might not help at times. But we can remove barriers to the chance for a healthy life, and provide needed support. One of those barriers is that too many drugs are lying around the home when they should be cleaned out and safely destroyed. I do not want to overlook the environmental and aquatic impacts of leftover medications in our waterways. But make no mistake: drug abuse drives the issue of pharmaceutical take-back.

Prescription drug abuse is the fastest growing drug problem in America and has been classified as an epidemic by the U.S. Centers for Disease Control and Prevention. Nationwide, unintentional prescription opioid overdoses kill more Americans than cocaine and heroin combined. A host of federal agencies, including the Drug Enforcement Administration, Environmental Protection Agency, and the Office of National Drug Control Policy, recommend that leftover medicine be brought to take-back programs for safe collection and disposal. So do 43 states.

We know the problem, and we know at least part of the solution. But we also need a way to pay for the means to educate people about the problem of drug abuse, make them aware of the need for safe disposal, and increase the availability of take-back programs. To date, the pharmaceutical companies that make the drugs, particularly addictive opioids like OxyContin and Percocet, have refused to take any degree of responsibility for safely disposing of leftover medications from the home. Not only is there a lack of convenient options to safely dispose of leftover medicine, there is an epidemic of over-prescription.

Two counties have stepped forward to lead a national effort to reverse this trend – Alameda County, California, and King County, Washington. PSI is supporting both of these agencies in their efforts to hold pharmaceutical companies responsible for financing and managing programs to safely collect and destroy leftover home medicines. Thousands of U.S. government agencies support this approach. Provinces in Canada and countries in Europe already successfully and cost-effectively run take-back programs financed and managed by pharmaceutical companies.

PSI is fortunate to have sensed the rise of this issue seven years ago. With the help of many of you, we began the slow, deliberate process of building national support for leftover drug take-backs, changing the federal Controlled Substances Act and associated Drug Enforcement Administration regulations (still in draft form). We are helping to implement the King County law and are setting up voluntary collection sites and raising awareness in rural counties in Washington and Oregon as pilots for national replication. We also finished a three-year project in the Great Lakes, where our coalition developed a model producer responsibility program, created a comprehensive online resource for anyone looking for more information about what to do with their leftover medications, compiled a series of “Lessons Learned” to assist communities nationwide, and created a consumer-friendly info sheet to educate people on what to do with leftover medicine. For these efforts, PSI was honored with a “A Million Thanks”  award from Covanta Energy. Personally, I find it rewarding to take part in such worthy efforts, and feel fortunate to have the opportunity.

Please help PSI do more by joining our effort. I have never solicited funds on this blog post before. But the devastating effects of drug abuse are happening right now, right before our very eyes, insidiously belying normalcy. Please consider becoming a PSI partner, making a donation*, or offering a sponsorship* to help us reverse this growing trend. Neil Young sang about every junkie being “like a setting sun.” Together, we have the power to let them see the sunrise.

*To make a donation to PSI or offer a sponsorship, contact Amanda Nicholson at 617.236.4833 or by email at amanda(at)productstewardship(dot)us.

For those of us in the environmental movement, it might seem as if we are on a long hike, which keeps going and going and going, from peak to peak, and valley to valley. The landscape looks familiar, the challenges commonplace. There are times to rest, and times to move, times to seek shelter, and times to book it across wide open fields. And then there are times when you sit back and notice that you have come a long way, and that the process was enjoyable, and that the long days of trudging in mud got you to a place of beauty, and that the view is nothing like you could have imagined.

On July 1, I attended an event at a Sherwin Williams paint store in Branford, Connecticut, to mark the start of Connecticut’s paint stewardship program. Before Governor Dannel Malloy placed the first gallon of paint into the collection container, he spoke of the importance of keeping paint out of our storm drains and the Long Island Sound, and praised the industry for their product stewardship efforts. Dan Esty, Commissioner of the Department of Energy and Environmental Protection, talked about the “new world of product stewardship” and how the paint program kick off represents the “next step in Connecticut’s move to building the waste management system of the 21st Century.”

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Connecticut Gov. Dannel Malloy places a can of paint in a recycling bin in a symbolic kick-off to the PaintCare Program. (L to R: American Coatings Association President Andy Doyle; Connecticut State Sen. Ed Meyer; Connecticut State Rep. Pat Widlitz; and Gov. Dannel Malloy.)

One after the other, speakers walked to the makeshift podium at the corner of the paint store, amidst the colored strips of lavender and mauve, and praised the new paint program and its ability to save resources, save money, and create jobs.

There was a good feeling, and rolling out right in front of me, like a video documentary, was a paradigm shift of immense proportions, as Important People, from the Governor and his Administration, to key legislators, retailers, and paint manufacturers, praised the collaborative nature of this innovative program.

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(L to R: Sherwin-Williams District Manager Tom Kelly; Connecticut Gov. Dannel Malloy; Connecticut State Rep. Pat Widlitz; Connecticut Dept. of Energy and Environmental Protection Commissioner Dan Etsy; Connecticut Dept. of Energy and Environmental Protection Environmental Analyst Tom Metzner; Product Stewardship Institute Chief Executive Officer Scott Cassel)

Tom Kelly, Sherwin Williams District Manager, mentioned the calls he already received on the first day of the program from residents seeking a place to bring leftover paint. “They come in just to drop off paint, but then see a clean store, and that we have what they need, and they leave a customer,” he said. Andy Doyle, President of the American Coatings Association, pledged the “support and backing of America’s paint industry” to recycle all the state’s leftover paint. The two chief bill sponsors – Sen. Ed Meyer and Rep. Patricia Widlitz – applauded the Governor and his team, as well as the industry, for their collaborative approach to finding a solution to a significant environmental problem, calling it “something really special.” They talked about the “terrific concept of producer responsibility” in which “paint manufacturers come up with their own plan to recycle.” State Rep. Lonnie Reed said that “…building in recycling and end-of-life elements into all of our products is important, and a sign of things to come.”

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(L to R: American Coatings Association President Andy Doyle; Product Stewardship Institute Chief Executive Officer Scott Cassel)

As I stood there listening, it struck me that product stewardship has become commonplace in Connecticut. PSI laid the groundwork for paint product stewardship in Connecticut and across the nation by convening paint manufacturers, retailers, state and local governments, and others in national meetings to hash out the agreements that led to this very moment. But the paint program in Connecticut would not have happened if each of the local stakeholders at that press event did not seize on the opportunity they were presented. The paint industry has now transformed itself from an industry that once saw consumers as the reason for leftover paint to one that has taken a leadership role to make sure leftover paint is recycled.

As our nation debates immigration reform, marriage equality, and voting rights, we can all sense shifts in public opinion that represent sea changes of immense proportion. This year marks a watershed moment in the product stewardship movement. To date, eight producer responsibility laws have passed this past year on four products in eight states: pharmaceuticals (Alameda County, CA; King County, WA); paint (Maine, Minnesota, and Vermont); mattresses (Connecticut and Rhode Island); and thermostats (New York). No, the entire country has not embraced producer responsibility; that will take decades. But we now have Governors and Commissioners speaking about an industry’s responsibility to manage its own waste, and an industry speaking glowingly about its partnership with regulatory agencies that allow it to assume its rightful responsibility.

This is the paradigm shift that many of us predicted in 2000 when the Product Stewardship Institute was created on that cold December day in Boston when over 100 government officials assembled to talk about a little known concept called product stewardship.

The times have changed. Sometimes it is nice to sit back and enjoy the show, and revel in the enjoyment that your hard work has provided to others. For many of us, now is that time.

Last weekend I had the joy and good fortune to watch my daughter graduate from college. Few of my previous life experiences have matched that prideful day.

At Wesleyan University, on commencement day, a commitment to social justice dripped from each graduate’s gown. A stream of red and black marched by the round-topped star-gazing observatory as African drummers pounded soulful renderings under a tent. Professors and other dignitaries mingled around lawn chairs, and flags whipped in the cold wind.

Receiving an honorary degree was former Wesleyan graduate, Majora Carter, whose efforts to economically revitalize poor urban areas are profoundly “Wes.” So was her speech. Her message: Get ready to be uncomfortable. That’s right! Anyone who wants to shake up the status quo will have enemies, even brutal opposition. You will know who your friends aren’t, she said.

As someone who wears product stewardship lenses inside his gl intertwined arrows asses, the message resonated with what I say about PSI – we are comfortable in an uncomfortable space – occupying a crevice of real estate between government, industry, and environmental groups. Most of the time, the positions we take are downright uncomfortable, at times going head to head with some of our own government members; other times trying to motivate brand owners that are convinced they know the answer even when no data exist; and other times getting smashed by environmental activists for being too close to business.

Over the past 13 years, this space has yielded dividends. In the past two weeks, three new producer responsibility laws have passed – Connecticut’s first-in-the-nation mattress law, and paint laws in Minnesota and Vermont (the 5th and 6th states to pass paint stewardship legislation so far). These laws do not pass solely because of PSI. In many ways, they would never pass if it was all up to us, or up to any one stakeholder. It takes a strong coalition that gets built over time. Starting and maintaining those coalitions is what PSI does – and it often starts in a very uncomfortable place, where we need to convince all stakeholders that the heavy lifting needed to change the status quo is worth the effort.

Thanks to all of our partners for great success these past two weeks, and we hope for many more victories that result in resource savings, job creation, and taxpayer savings. I am starting to like this feeling of being a little less uncomfortable.

It was 1997. I was listening to Ron Driedger, an official from the British Columbia Ministry of the Environment, discuss during a keynote presentation how his agency required producers to pay for managing their post-consumer products. From paint to pharmaceuticals, Ron said, industry-funded take-back programs enabled cost-effective recycling and safe disposal of a range of consumer products. This decreased not only government spending, but also the potential for negative environmental impacts due to improper waste management.

I was intrigued.

As the Director of Waste Policy and Planning for the Massachusetts Executive Office of Environmental Affairs, and in the midst of writing the state’s solid waste master plan for my fourth time, I knew we needed new ideas—and quickly. So when I returned to the office, I told my boss that I wanted this producer responsibility waste management approach to be the United States’ chief import. I made the case that product stewardship policy could not only save governments millions of dollars, but also be good for the environment and create recycling jobs. Then, I went out on a limb even further: I proposed creating a new, national nonprofit organization focused on this new concept of product stewardship. One that would be the voice for state and local governments. One that would help spur economic growth and cut back on taxpayer costs. One that would work to benefit the environment by finding innovative solutions to managing post-consumer solid waste. And one that would get government and industry to work collaboratively toward a common goal.

My boss—Gina McCarthy—bought into the idea.

Well, okay. She actually told me to finish the solid waste plan, first. Then, she asked for a business plan.

It took months of discussion and multiple drafts of that business plan, but in the end, Gina followed through, providing the funding and support that I needed to start the Product Stewardship Institute.

Thirteen years later, Gina McCarthy is poised to become the next head of the U.S. Environmental Protection Agency, having earned the nomination from President Barack Obama. And she brings exactly the type of leadership that EPA needs.

Gina is an innovator and, by extension, a supporter of innovation. When I started PSI, I had to overcome numerous roadblocks that a bevy of detractors (mostly people who saw PSI as a threat to their turf) set up for me. Gina, however, saw PSI as an opportunity. In fact, she became one of the first PSI board members, helping to guide and shape the nascent organization. She understood the balancing act we were playing between government, business, and environmental activists. She took a calculated risk, asked questions, and provided advice. She helped PSI move forward by making decisions based on sound information, thoughtful deliberation, and consideration of multiple viewpoints.

The EPA’s past support for product stewardship has been instrumental in PSI successes, too. This includes our national paint dialogue, which led to a major waste management agreement with the paint industry, as well as our pilot computer take-back project with Staples, which led to nationwide take-back programs by Staples, Best Buy, Office Depot, and Office Max.

Unfortunately, the EPA’s more recent approach to product stewardship has been tepid, and there have been missed opportunities. With Gina at the helm, though, I feel confident that she would breathe fresh life into that seemingly worn banner of “change” that was unfurled at the White house in the early days of the first administration. The EPA needs fresh ideas. It needs a fighter. It needs someone who will advocate for progressive environmental interests while tempering that passion with economic and political realities.

Gina is a kid from Boston with the street smarts to manage a bureaucracy that’s in the crosshairs of Congress. She’s the “anti-intellectual” who’s intelligent. She’s the tough regulator who knows when to cut a deal. She’s the baseball manager who kicks dirt on an umpire’s bad call but then goes out for beers with the umpires after the game. From local health official to state and federal regulator, Gina has climbed the ladder while maintaining close ties to business leaders and environmental groups.

I think the President made the right choice by nominating Gina. Let’s hope Congress does, too.

Flying high above the Atlantic on my way home from a week of travels to Canada and Scotland, I pondered how America can be such a powerful world leader in technology, the economy, and the military, but so unenlightened regarding trash. We pride ourselves on innovation, bold risk-taking, fierce independence, and toughness. Yet, we are well behind our Canadian and European comrades regarding strategies to turn our country’s waste problem into an opportunity to recover valuable materials, create recycling jobs, and reduce costs. In fact, our corporations display a fear and trepidation of the future that is downright troubling.

What is so disappointing is that most corporations selling products into the U.S. market are operating within much more sophisticated solid waste programs than we have in the U.S. Although we have made progress in managing some problem wastes (e.g., electronics, mercury thermostats and lighting, and paint), the Canadians and Europeans have us beat in so many product areas, particularly packaging.

In Ottawa, Ontario, I moderated and presented on a panel called “Policy Shaping the Landscape” at the PAC NEXT annual conference that PSIco-sponsored. In front of several hundred corporate powerhouses like Unilever, P&G, Nestle, Walmart, Kraft, and Target, my fellow panelists and I discussed the mix of strategies needed to manage all packaging waste in Canada by 2015 – voluntary industry initiatives, extended producer responsibility (EPR), and other regulations. That same conversation is not yet happening in the U.S. And the U.S. representatives of those same corporate powerhouses are avoiding even having that conversation.

September 28, 2012—Scott Cassel speaks at PAC NEXT in Ottawa, Ontario.

As our first session panelist, Michael Goeres, executive director of the Canadian Council of Ministers of the Environment (CCME), provided the context for Canada’s national focus on packaging. According to Goeres, it started in 1989 with the National Task Force on Packaging. The issue reignited during the debate on packaging EPR that started in 2000. And it resurfaced, yet again, with the 2009 Canada-wide Action Plan for Extended Producer Responsibility and Canada-wide Strategy for Sustainable Packaging,which created a central platform on which to implement EPR laws throughout Canada by 2015. Goeres also discussed CCME’s initiative to work with industry to reduce packaging waste, which culminated in the recent announcement of the Design Guidelines for Sustainable Packaging, a voluntary joint initiative between Éco Entreprises Québec (a PSI Sustaining Partner) and the Sustainable Packaging Coalition.

In contrast to our Canadian counterparts, the U.S. Environmental Protection Agency (EPA) does not consider waste management to be a federal government issue, but rather a state and local government issue. After a request from state and local agency officials to help solve the growing waste problem, the EPA held five meetings on packaging waste between 2010 and 2011 and even released a report. However, it pulled out soon thereafter, leaving regional EPA branches to follow up.

September 28, 2012—PAC NEXT panelists at Chateau Laurier in Ottawa, Ontario.

The next speaker on our panel, John Coyne, is a Unilever vice president and chairman of Stewardship Ontario, the industry-led product stewardship organization that takes pride in its implementation of Ontario’s six-year old Blue Box EPR program. Of the 1,500 businesses represented by Stewardship Ontario, John said:  “…we are dedicated to supporting our member companies’ drive to innovate – to contribute to making their businesses, packaging, and products more environmentally sustainable and more readily recyclable. We lead through development and investment.”

Here are a few other things he said:

  • “By any measure, the Blue Box is defined and regarded as both a success and a symbol…75 percent of Ontario residents say they consider the Blue Box their primary pro-environment effort …People like it. It makes them feel good about their contribution. More importantly, people use it.
  • “By embracing innovation, by harnessing creativity, by building on our achievements and accomplishments, we aim to be a global leader in responsible product stewardship. At all times, we never lose sight of the fact that our primary job is to meet collection and diversion targets and to prevent waste from filling landfills and fouling waterways.”
  • “We need to ensure that the success of the Blue Box fuels further innovation – which, in turn, will help make the program even more successful.”

Ironically, many of the same companies that are members of Stewardship Ontario are also members of the U.S-based Grocery Manufacturers Alliance (GMA), which hired the consulting firm SAIC to issue a report last month that criticized the Blue Box EPR program as inefficient and ineffective. Go figure.

The last speaker on my panel, Meegan Armstrong of the British Columbia Ministry of the Environment, touted the province’s commitment to manage, by 2017, all products under an EPR system that promotes private sector initiative and innovation.

As if that three-speaker session was not enough of a contrast with the U.S., next, I spoke on a panel at the Scottish Waste and Resources Conference in Glasgow, Scotland, where my fellow panelists and I discussed the interplay between voluntary and regulatory solutions.

Oct. 3, 2012 — Scott Cassel speaks in Glasgow, Scotland about PSI’s experience forging agreements between stakeholders for both voluntary and regulatory product stewardship programs.

The Scottish government has just introduced packaging regulations that are more aggressive than the existing packaging law in place in the U.K., of which Scotland is a part. However, Zero Waste Scotland, an independent organization funded by the Scottish government, is tasked with implementing the packaging law through both EPR and voluntary solutions. The recycling rate in the U.K. far exceeds that of the U.S., but—to Scotland—that rate is unacceptably low. They want to do more.

America, we have a problem. If our corporations continue to refuse even to have the discussion with other U.S.-based stakeholders about how we are to reduce waste, save taxpayers money, create recycling jobs, and achieve our joint objectives by both voluntary and regulated solutions, then we will have no one to blame but ourselves for wasting economic opportunities.

As Americans, we should be leading in the creation of innovative waste management solutions, as we do in other areas of the economy, rather than burying our future in the rubble of our own fear.

Twelve years ago, when PSI was getting off the ground, my personal vision was that government and industry representatives could have meaningful discussions about waste policy outside the legislative arena, and develop joint policies, regulations, and laws to protect human health and the environment. I was tired of the traditional unilateral government approach to pass laws over the fierce objections of industry. Collaboration, after all, can achieve far better results than forcing anyone to do anything.

Fast forward twelve years, to today. While there are many stellar individual examples of corporate leaders finding ways to reduce their product impacts, far more companies have chosen to thwart attempts at having an open conversation about their environmental and social responsibility. In an ironic twist of self-fulfilling prophesy, most companies that hate regulation and want smaller government only become “greener” through the threat of legislation.

In an ironic twist of self-fulfilling prophesy, most companies that hate regulation and want smaller government only become “greener” through the threat of legislation.

PSI works on about 18 product categories, and has invited manufacturers, retailers, and other businesses associated with every one of these products to discuss how to reduce their health and environmental impacts. The only industries to fully engage in these discussions are paint (through the American Coatings Association) and rechargeable batteries (through Call2Recycle).

The International Sleep Products Association would not bring any members to our two open national mattress dialogue meetings, refused to provide contact information, and would not discuss strategies to solve the problem.

The majority of U.S. consumer packaged goods (CPG) companies were invited to attend our three technical packaging calls that recently addressed both voluntary and regulated strategies to reduce, reuse, and recycle packaging and printed material, including non-EPR systems. Only a few participated, and they have not invited PSI to attend any of their discussions. The truth is that most CPG company representatives in the U.S. are so new to the issue of packaging waste and recycling that they do not know what to do. There are many in this field, including PSI, who have been working on these issues for years, and can provide insights and opportunities for productive discussion among all stakeholder groups. However, this can only happen if these companies do not close ranks and only discuss strategies among themselves.

The National Electrical Manufacturers Association came to PSI five years ago seeking EPR legislation on mercury thermostats because they did not want to continue paying for the recycling of thermostats from free-riding companies not contributing to the industry-funded thermostat recycling program. After six months of multi-stakeholder negotiations and after all issues were negotiated, they walked away from the agreement and have since opposed all thermostat legislation except bills that codify their voluntary program.

No wonder why environmental groups have sharpened the saw against these companies. We have now come full circle to the point where PSI began – governments are left with little choice but to force legislation on industry, or accept whatever programs industry wants to do. That is truly a sad waste of all of our time and energy.

Yet the world turns, and PSI will react to this reality. We will continue to seek out corporate leaders, like those on our Advisory Council, at the American Coatings Association, and at Call2Recycle. And we will continue to support and strengthen voluntary programs as well, since many states will not support legislation under any circumstances. But the truth is that PSI is being forced into the same antagonistic fight in state legislatures that we wanted to avoid when we were created in 2000.

I had hoped that data, logic, discussion, and human interaction would breed relationships that would entice companies to transcend their natural inclination to maintain the status quo. We are now entering the fall, and many governments are getting ready for the 2013 battle in state legislatures across the U.S. …unless someone would rather talk…

Is anyone out there? Hello?

For the 11th year in a row, Massachusetts has failed to pass electronics EPR legislation. It is now 12 years since the Commonwealth became the first state in the country to ban the disposal of lead-bearing cathode ray tubes, sparking the electronics recycling industry in the U.S…and placing the financial burden to manage electronics on Massachusetts cities and towns. It was the classic ban without a plan. Unlike the stellar U.S. women gymnasts who earned Gold in London yesterday, our country fails miserably at passing legislation that will keep gold and other valuable materials out of our country’s landfills and incinerators.

What a waste. What a shame. To watch our great and mighty companies offshore jobs, complain about it being the only choice they have, but do little to create thousands of green jobs that are there for the asking if they would engage with PSI and other stakeholders to develop extended producer responsibility (EPR) laws and other strategies that meet their own interests.

The powerful corporate self interest that has blocked movement on product stewardship and EPR in the U.S. is the same one that unknowingly is weakening itself, just as the U.S. auto industry’s fight against fuel efficiency standards weakened itself, causing the need for a government bail-out.

I just finished yet another book that chronicles ways that U.S. companies and policy makers are failing to take actions that will strengthen our economy, instead resulting in the slow decline of U.S. economic power. Edward Luce’s Time to Start Thinking shows what the product stewardship movement experiences on a smaller scale – a failure to launch.  Look no further than the microcosm of the product stewardship field, where many unenlightened companies fight against policies that will save billions of dollars for U.S. taxpayers, reduce waste, and generate thousands of recycling jobs.

These companies operate under the guise of groups like the Product Management Alliance, which evaluates EPR laws by showing that the laws that they weaken actually don’t perform well. How enlightening! The powerful corporate self interest that has blocked movement on product stewardship and EPR in the U.S. is the same one that unknowingly is weakening itself, just as the U.S. auto industry’s fight against fuel efficiency standards weakened itself, causing the need for a government bail-out.

As I wake up this morning to yet another failed attempt to pass an e-waste bill in the all-Democratic Massachusetts Legislature (and with its Democratic Governor), I wonder what this failure is all about…was Dell so bent on passing a bill that ensured that any goals included would already be met before the law went into effect? Or was the House leadership frozen in political gridlock on matters far removed from the bill itself? It is clear that there was no consensus on the bill, but how can stakeholders be so far apart for so long that we cannot figure out a way to act in all of our own self interest?

Close your eyes…and envision a time when we in the U.S. really went for the gold…like those women Olympic gymnastic heroes of today. Rather than burying our gold in the ground and mining raw materials in an endless cycle of waste, we owe it to ourselves to find a way to break out of this malaise together.

Individual responsibility. In our world of product stewardship, these words have one meaning – a company having responsibility for safely managing its products from manufacture to post-consumer recycling or disposal. The Supreme Court decision on the health care law highlighted another individual responsibility – that citizens have the obligation to buy health insurance to cover their own medical care. Both relate to the principle that we are all responsible for our own actions and the negative impact they have on others.

What is so puzzling to me is why those who adhere strictly to the individual responsibility principle when it applies to people whose homes were foreclosed, those with excess credit card debt, and those who do not “pull their weight” in society, do not extend their views to product manufacture and health care. Manufacturers in the U.S. know that this All-American principle of individual responsibility is coming to meet them, even as many of them try to delay the greeting.

Individual responsibility is the bedrock of being an American. We are a people of individual rights…and responsibilities. We want our freedom…but we know that we have a responsibility to our neighbors, our community, and the wider society. We don’t like free riders, and we know that we have to do our part. That is what it means to be an American. No one needs to look over our shoulder because we are driven by an inner responsibility, whether moral, religious, or communal. But it is deep, and it makes us who we are as a country.

So why do those who profess individual liberties walk away from their own responsibility to manage the products their companies make in a way that does not harm their fellow citizens? Why do they want to allow free riders and put an undue burden on others…on me, and on you?

Regarding the health care law, Massachusetts Governor Deval Patrick said, “It’s about dealing with the freeloaders – the folks who now get their care without insurance in [a] high-cost emergency room setting. And all the rest of us pay for it today.”

All the rest of us are also paying for the recycling or disposal of every product put in the marketplace. If a company like Preserve is innovating its way to create products with recycled content and is committed to recycle its own products, why aren’t its competitors doing the same thing? Why should one company take responsibility for its environmental impacts while others don’t?

I hate being told what to do. In that way, I might have some friends out there. But I sure as heck don’t like freeloaders who cause impacts that affect me, or make me pay for those impacts. Product manufacturers and retailers have a societal responsibility, and we know the negative impacts that used consumer products, such as electronics, mercury thermostats, and pesticides, can have on our health, our environment, and our economy, even as they have many positive impacts on our quality of life. Those who want freedom should take responsibility for the freedom this country gives them in their pursuit of a profitable business. Otherwise, they will force the big bad government to make them responsible citizens….united with the Supreme Court and the people of this country.