News & Events

By Kristina Benoist, Marketing & Communications Director

March 26, 2025

California’s Plastic Pollution Producer Responsibility Act (SB 54) was designed to be a groundbreaking shift in how plastic waste is managed, requiring producers—not taxpayers—to take responsibility for packaging waste. However, less than two years after its enactment in 2022, Governor Gavin Newsom has ordered a revision, citing rising compliance costs, delays in implementation, and growing resistance from both industry and environmental groups.

While this decision has generated debate, it does not signal a reversal of producer responsibility in California or across the country. Instead, California is refining SB 54—making targeted adjustments to improve the feasibility of implementation while maintaining the law’s core objectives.

ADJUSTMENTS, NOT A ROLLBACK 

When SB 54 was signed into law in 2022, it introduced some of the most progressive plastic reduction and recycling targets in the country, including: 

• A 25% reduction in single-use plastic packaging by 2032. 

• A requirement that 65% of covered materials be recycled and certified through an approved process by 2032. 

• A $5 billion producer-funded mitigation fund over a 10-year period, specifically $500 million annually from 2027 to 2037, to address the environmental impacts of plastic pollution and support affected communities.
  

As implementation began, producers raised financial and operational feasibility concerns. In response, Governor Newsom declined to approve the rules as drafted, acknowledging industry concerns and directing regulatory agencies to refine them before they could proceed to the California Commission on Recycling Markets and Curbside Recycling for formal adoption. 

Rather than a rollback, California is expected to make targeted revisions that ease the transition for producers while preserving the law’s key goals. 

The Office of Administrative Law (OAL) review process, which is standard for regulatory changes, could take up to a year. However, to accelerate certain adjustments, an “urgency bill” could be introduced in the California Senate, allowing a limited number of critical revisions to be fast-tracked. 

WHAT THIS MEANS FOR EPR IN OTHER STATES 

While California’s experience with SB 54 is being closely watched, this revision process is unlikely to slow momentum for EPR nationwide. States like Minnesota, Colorado, Oregon, and Maine are continuing to quickly move forward with their own packaging EPR programs, each tailored to their specific regulatory and economic landscapes. 

WHAT ADJUSTMENTS ARE BEING DISCUSSED 

California Senator Ben Allen—the lead sponsor of SB 54—recently outlined proposed adjustments and clarifications in a letter to Jeff Fielkow, CEO of Circular Action Alliance (CAA). These proposals were part of a negotiation effort to encourage CAA’s support for the draft regulations. While not changes to the law, the suggestions emphasized collaboration, regulatory flexibility, and timeline adjustments to support smoother implementation. CAA ultimately declined to endorse the proposals.  

Key points included:
1. Producer Responsibility Organization (PRO) Plan Adjustments

The deadline for the initial PRO plan submission is proposed to be moved to July 1, 2026, providing producers more time to develop their compliance strategies.

2. Financial and Reporting Adjustments

Temporary Simplified Eco-Modulation Fees – A simplified fee structure will be used until the end of 2029 to ease the transition for producers.

3. Annual Reports & Fee Schedules: 

Annual Budget and Fee Schedules – Producers must submit budget and fee schedules annually by October 1, 2026, separate from the full program report.

4. Compliance and Data Collection

Source Reduction Data – Producers must submit baseline source reduction data before the PRO plan submission deadline of July 1, 2026. CalRecycle will have the authority to update this baseline before 2027.

5. De Minimis Exemption

CalRecycle will clarify its current rules for small producers (de minimis criteria) through emergency regulations before the July 1, 2026 deadline for PRO plan submission.

6. Regulatory & Technological Considerations

• Chemical Recycling Review: Any company using chemical recycling technologies will need to fund and commission peer-reviewed studies to demonstrate compliance. 

• Reusable Packaging Standards: Durability standards for reusable food serviceware will be refined. 

• Life Sciences Exemption: Secondary and tertiary packaging used in life sciences (e.g., medical and pharmaceutical industries) are proposed to be explicitly exempted. 

7. Reporting Flexibility
Annual, not Monthly, Reporting: To reduce administrative burden, producers will submit data annually rather than in monthly increments. 

WHAT’S NEXT FOR SB 54? 

With the Governor signaling the need for refinements to SB 54, the next steps focus on how these adjustments will be implemented. The process will move forward through multiple avenues, each operating at a different pace: 

• Legislative Action – Lawmakers will introduce a bill to formally adopt revisions, incorporating stakeholder input to ensure the changes balance feasibility with the law’s original intent. 

• Regulatory Adjustments – CalRecycle and the advisory board will refine program rules, clarify compliance requirements, and establish updated guidelines for producers through the regulatory process. 

• Urgency Bill Option – If certain revisions require immediate implementation, an urgency bill could be introduced in the California Senate to fast-track specific changes, allowing them to take effect sooner than the standard legislative timeline. 

• Administrative Review – The Office of Administrative Law (OAL) will oversee regulatory refinements. While this review process can take up to a year, select revisions may be expedited depending on legislative and agency priorities. 

The combination of these pathways ensures that SB 54 moves forward with adjustments that improve feasibility while keeping California’s producer responsibility framework intact. 

LOOKING AHEAD 

Extended deadlines and regulatory flexibility ensure that producers and the PRO can better prepare for compliance. Clarity on financial obligations helps industries transition smoothly into the eco-modulation fee structure. More specific guidelines on exemptions, reporting, and technology provide clearer expectations for producers and regulators. The continued dialogue and adjustments reinforce the state’s commitment to a workable and effective EPR system under SB 54. 

California’s adjustments to SB 54 will shape how the state fine-tunes its approach to producer responsibility, but its unique economic and regulatory environment means that its experience will likely not dictate how other states implement their programs. These adjustments intend to make SB 54 more easily implementable while still advancing California’s ambitious waste reduction and recycling goals. 

PSI diligently monitors and tracks all legislative developments, stakeholder responses and the evolution of these laws, not only in California, but for all 50 states.

Stay connected with PSI for updates on California’s plastics EPR law, industry reactions, and the future of producer responsibility nationwide. Want to learn how this legislation—and similar efforts in other states—could impact your business? Reach out to Darla Arians at darla.arians@productstewardship.us to explore how we can work together.

September 5, 2024

This week, the California Legislature passed significant EPR bills to establish several new programs and strengthen existing ones. Now awaiting Governor Newsom’s signature, the bills include first-in-the-nation EPR programs for textiles and marine flares, the second EPR law for EV batteries in the country, and meaningful amendments to California’s carpet and paint stewardship programs. These bills incorporate best practices learned in the past 10 years and put on display the blossoming of the EPR movement in the U.S. They also exemplify the important state-based advocacy of the California Product Stewardship Council, Californians Against Waste, and the National Stewardship Action Council. The Governor has until September 30 to sign the bills.

Textiles (SB 707)
California is poised to be the first state to enact an EPR law for textiles. The law would require producers of clothing, footwear, and household textiles to participate in and fund a statewide reuse and recycling program for their products. The California Product Stewardship Council (CPSC) sponsored the landmark legislation, which seeks to reduce the environmental impact of the fashion industry by increasing the reuse and recycling of textiles, which are major contributors to landfill waste and pollution. The bill garnered broad support from environmental organizations, municipal waste managers, and key players in the fashion and textile industries. California will join the European Union, which already has textiles recycling mandates.

EV Batteries (SB 615)
This EPR law would be the second in the nation (after New Jersey) to require suppliers of electric vehicle traction batteries to ensure the collection and management of those batteries at end-of-life. The bill establishes a “battery management hierarchy” that prioritizes reuse, repair, and remanufacturing and requires that each battery have a unique identifier so that it can be tracked for responsible management. As the largest U.S. market for electric vehicles, California’s law could “fuel” the growth of EV battery recycling in the U.S., providing essential materials for renewable energy manufacturing in the U.S. Californians Against Waste led bill advocacy with support from recycler Redwood Materials and others. 

Marine Flares (SB1066) 
This bill, if enacted, would be another first-in-the-nation EPR law. It would require any manufacturer (currently just Orion) of marine flares  – pyrotechnic devices used to signal distress in boating – to establish and fund a program for collection and proper disposal. Additionally, the bill bans perchlorate from marine flares sold to California consumers. The chemical is increasingly found in groundwater, surface water, and soil and is known to damage human thyroid functions that are essential to mental function, metabolism, and fetal development. This bill was championed by the National Stewardship Action Council and Zero Waste Sonoma. 

Carpet Amendment (AB 863)  
This amendment to California’s carpet stewardship program – the latest of three to improve the original carpet industry program – adds several elements to boost recycling, including a requirement for 5% carpet-to-carpet recycled content by 2028; mandatory sorting at approved collection sites by 2029, including proper storage and transportation of recyclable carpet to a recycler; standardized backstamping of carpet to support more efficient material sorting; and components of carpets published on the manufacturer website for better recycling. The amendment also includes nonvoting representation on the CARE board for a retailer, a circular economy NGO, and labor; funding for workforce development; audit transparency; and higher enforcement penalties. The original bill, which has since been amended, pushed even further, calling for a needs assessment to determine if the scope of the program should include other flooring such as luxury vinyl tile, sheet vinyl, and linoleum, which compete with carpet in the marketplace. This provision was intended to address a key carpet industry concern about leveling the playing field for all flooring. The original bill also contained higher targets for recycling and recycled content. This amendment was championed by the National Stewardship Action Council. 

Paint Amendment (SB 1143) 
PaintCare, the California paint stewardship program, added aerosol paints in 2023 to the original program established in 2007 by PSI, the American Coatings Association, and numerous government and private sector stakeholders. If enacted, this amendment would further expand the scope of the program to include furniture paint, marine paint, and other related products. Since adding aerosols to the California program, PaintCare has expressed interest in adding additional paint products to its programs in the other 12 jurisdictions with laws – yet another sign of the growing influence of EPR on materials management. This amendment, as well as the 2023 amendment, were championed by the National Stewardship Action Council.

Gas Cylinders (SB 1280) 
Although not EPR, this CPSC-sponsored bill would prohibit the sale of non-reusable or non-refillable propane cylinders. The bill would effectually require that all 1lb cylinders be reusable, just as 20lb barbeque tanks currently are.  

Earlier this month, over 200 globally recognized experts gathered in Portland, Oregon for PSI’s 12th U.S. Product Stewardship Forum. Speakers presented throughout two days of intensive sessions on a wide range of topics covering the most important trends in producer responsibility policy and programs. While all of the sessions were insightful and high quality, the following notable quotes were made during a few of the top sessions.

Extending Responsibility: Eco-Modulated Fees and Responsible End Markets

“Eco-modulation must go beyond incentives, it is about making sure the fee structure reflects the real costs of managing the packaging material and its impact in the value chain.”
Genevieve Dionne, Éco Enterprise Quebec

“Eco-modulation works, period. But it could be gentler, and it could be less complicated for the producers and other market players.”
Gauravi Saini, Reclay StewardEdge

Perspectives on Plastic Recycling – From Mechanical to Chemical

“Mechanical and chemical recycling need to be complementary solutions. The complexities of plastic waste require both to deliver a truly circular economy”
Maranda Demuth, Eastman

“We need to have a robust conversation on whether chemical recycling is worth its environmental impacts.”
Celeste Meiffren-Swango, Environment Oregon

The PRO’s Role in the Circular Economy

“Having a not-for-profit producer-governed organization that supports producers in meeting their EPR commitments ensures efficient and effective recycling systems are in place where plastics and other packaging materials are collected, recycled, and returned back to producers for use as recycled content.”
Allen Langdon, Circular Materials

“We are working with local governments and recyclers to determine how to effectively support recycling systems.”
Shane Buckingham, Circular Action Alliance

“The hallmark of successful systems is a focus on the goals and the desired outcomes.”
Leslie Huska, GreenDot North America

Packaging EPR Implementation in the United States

“The Oregon law prioritizes sustainability above circularity. There is potential for these ideas to be in conflict and the Oregon law aims to achieve broader sustainability objectives. If we pursue circularity in a narrow way and just focus on recycling and composting, there might be some unintended outcomes.”
David Allaway, Oregon Department of Environmental Quality

“In California, we are focused on the reduction of plastic pollution and overall production of packaging materials in the state. The California law requires that 100% of packaging sold into the state of California is either recyclable or compostable, by 2032.”
Rachel Machi Wagoner, CalRecycle

KEY TAKEAWAYS

Throughout the rich and diverse discussions at the conference, the following important issues were highlighted as they are becoming increasingly important in the field of EPR.

• Policy Harmonization: All stakeholders expressed the importance of identifying common elements of all EPR bills and laws. Policy harmonization is not only crucial for increasing the efficiency of existing and future programs, but also for ensuring alignment across jurisdictions, reducing consumer confusion, and enabling effective program comparison.
• Measuring Success: Congruent with the need for policy harmonization is the need to define how the success of a program or policy is measured. It is essential to identify what needs to be measured, ensure that data collection is accurate and consistent, and provide all stakeholders with relevant information.
• Producer Presence: As the field of EPR continues to advance, it will be necessary to directly involve producers, along with associations, in the conversation. Without representation from key producers, a valuable perspective on the field is lost. The interest of individual producers and their associations are essential to advancing effective EPR policy.

WHAT ARE PEOPLE SAYING ABOUT THE CONFERENCE?

We are shifting into a new phase of the EPR movement with rapid success and the need for engaged stakeholders and a highly knowledgeable community. The PSI Forum will continue to be a space for those eager to learn and contribute as we lead this movement forward. Here are some thoughts from 2023 PSI Forum attendees on the importance of event:

“PSI did it again, assembling the world’s experts on EPR (those actually engaged in making it happen) and presenting two days of rich, productive conversations about the current state of affairs in the U.S., Canada and Europe and where things are headed, on a wide variety of products as well as packaging. Kudos to PSI for being able to bring such diverse parties to the conference in a series of stimulating panels. PSI continues to be THE place to go for expertise, ability to bridge government, business and advocacy groups, and the many connections, contacts and synergies possible.”
Dave Galvin, former PSI board president

“PSI’s conference enables State Environmental Staff, PROs, Recyclers and NGOs to collaborate on EPR. With the growth of EPR, this conference is becoming essential to those involved with environmental policy and execution.”
David Bender, CEO Circular Polymers by Ascend

“Excellent forum about all aspects around EPR. Competent speakers, lively discussions about the hot topics, engaged participants, perfect networking. The place to go in the US!”
Joachim Quoden, Managing Director EXPRA

“The 2023 US Product Stewardship Forum provided a wonderful opportunity to connect and have meaningful and in-depth conversations with others working to find solutions to how we can move the solid waste industry from a linear (extract, make, use, dispose) system to a more circular economy. Learning from each other and working together, we can take actions that have long-term positive results for our customers and the environment!”
Susan Fife-Ferris, Seattle Public Utilities, Washington

“Fun, productive, and a truly unique meeting of the minds from across the globe!”
Maya Buelow, Lane County Waste Management, Oregon

“Scott and the PSI team put together an excellent event. The structure was just right to allow attendees to choose which sessions they wanted to attend without having to choose from overlapping sessions. Looking forward to the next Forum two years from now!”
Doug Kobold, California Product Stewardship Council

CONTINUE THIS WORK WITH US

PSI will continue to lead these conversations with other experts through our webinar series this fall. Our webinars will cover a range of pressing issues and we look forward to your participation. For more information, sign up for our monthly newsletter.

BOOK NOW AVAILABLE

Scott Cassel, CEO and Founder of the Product Stewardship Institute, debuted his recently published book, Perspectives on Product Stewardship: Navigating an extended producer responsibility path to a circular economy, at the 2023 U.S. Product Stewardship Forum. This book is a must-read for all EPR professionals. Click here to purchase your copy! If you are a PSI Member or Partner, contact info@productstewardship.us for 30% discount.

PHOTOS FROM THE FORUM:

by Jim Asali, President and CEO of the Pack Green Coalition, www.packgreen.org

In an era dominated by ominous news of the impacts of climate change—most recently evidenced by devastating fires in Maui—and a legitimate plastic pollution crisis that appears to have no end, Pack Green is here to offer a bit of encouragement. Sustainable packaging innovation is on the rise and offers smart alternatives to single-use plastics that far too often clog our landfills and pervade our lands and waterways.  In 2023, we have happily taken note of environmentally-friendly packaging advancement across three major sectors: consumer packaged goods, produce, and beverages. Here, we highlight promising developments in each of these spaces:

CPG

American toy manufacturer Mattel—the creator of Barbie—has publicly pledged to (1) achieve 100% recycled, recyclable, or bio-based plastic materials in its products and packaging by 2030, (2) maintain 95% recycled or Forest Stewardship Council (FSC)-certified content in the paper and wood fiber used in its products and packaging, and (3) reduce plastic packaging by 25% per product by 2030. In addition to its packaging and materials pledges, the company has also started the Mattel Playback scheme, which seeks to keep the toys and materials in circulation longer through recycling. The program currently accepts Barbie, Fisher-Price, Matchbox and MEGA toys for recycling, and is available in the US, Canada, France, Germany and the UK.

LEGO—the world’s leading toy manufacturer—announced in its annual results that it has begun to transition to paper-based bags in LEGO boxes, putting it on track to make all of its packaging from more sustainable sources by the end of 2025. In its factories, it has continued to invest in reducing waste, operating more energy efficiently, and expanding production and use of solar energy.

As part of its commitment to sustainability, consumer goods giant Procter & Gamble has pledged by 2030 to reduce its use of virgin petroleum plastic in its packaging by 50%. As part of this process P&G has invested in technology to improve the efficacy of post-consumer recycled content to more closely match that of virgin materials.

Produce

Paper companies have long embraced the inherent advantages of fiber-based packaging over plastic, even as the latter has sought to make inroads into grocery and produce protection. Two of these makers of sustainable paper packaging solutions are Georgia-based WestRock and Graphic Packaging International. WestRock creates packaging for several industries, including food, beverage, healthcare, retail, beauty, and more. Its EverGrow® Collection includes punnets, tills, totes, and trays produced specifically for growers, distributors, and retail produce brands. EverGrow® is made from renewable paperboard and allows for curbside recyclability when emptied and flattened, offering an alternative for hard-to-recycle plastics.

The same goes for the ProducePack™ line of fresh produce packaging from Graphic Packaging International. ProducePack™ is a line of paper-based fruit packaging that offers a variety of sustainable, shelf-ready solutions for fresh fruit and vegetables. In addition, the ProducePack™ Punnet includes a wide range of applications to deliver an effective alternative to traditional plastic/acetate produce packaging for retailers and producers.

Beverage Containers

Holland, Michigan-based Boxed Water™ is emerging as a leader in the transition away from plastic beverage bottles. Currently, there are roughly 38 billion single-use plastic bottles landing in U.S. landfills and waterways each year, a figure that takes into account the current recycling rate of single use plastic water bottles of around 25%. Boxed Water has sought to address this using simple formula: the least amount of plastic and the most renewable materials, the better the package. Its box is FSC-certified and 92% plant-based, made from paperboard and paper waste. The FSC- and ISCC-certified water box cap is made of pine tree waste, harvested responsibly from Nordic forests. The result is a low carbon-impact product that is also 100% reusable and recyclable.

In the 2010s a consortium of packaging, bottling and beverage manufacturers—including the Carlsberg Group—worked together to create an innovative paper bottle. The result was PABOCO (Paper Bottling Company), which has developed bio-based bottle prototypes in Europe and has invited additional partners to join in its efforts, including Coca-Cola, L’Oreal, Pernod Ricard, The Absolut Company, and Procter & Gamble.

In yet another encouraging development, American food and beverage company PepsiCo has unveiled its plans to replace plastic rings on beverage multipacks across the US and Canada with recyclable paper-based designs. In 2022, Coors Light announced that it will globally shift away from plastic rings to cardboard-wrap, a move the company said will save 1.7 million pounds of plastic waste annually by 2025.

Conclusion

While the problem of plastic pollution is multi-faceted and may seem overwhelming, we know that the solution will come down to the basics of reducing virgin output, improving a fractured and anemic recycling system, and increasing re-use as we move away from our throwaway culture. Only through a concerted effort to combine the foregoing dynamics will we be able to achieve circularity and ameliorate the adverse impacts environmental, health, and aesthetic impacts of our drastic overuse of plastic packaging. The advent of the products and innovations described in this post gives us reason to believe we are beginning to make progress.

by Julia Wagner, Marketing and Communications Manager

As a preview to the types of high-level conversations that we anticipate at PSI’s forthcoming U.S. Product Stewardship Forum this September, three EPR luminaries joined PSI’s CEO and Founder, Scott Cassel, to kick off our recent Annual Meeting for Members and Partners.  

Allen Hershkowitz, Environmental Science Advisor to The New York Yankees, Reid Lifset, Research Scientist at the Yale University School of the Environment, and Joachim Quoden, Managing Director of EXPRA, shared information on the genesis of EPR in the United States and where they believe the movement is headed globally. From market-based environmentalism to the impact of the Global Plastics Treaty, the perspective was riveting. Follow us on Instagram @ProductSteward to listen in! 

This has been an exciting year for EPR, and our enthusiasm was reflected by attending Members and Partners. We saw 42 bills to establish new EPR programs and 11 to amend existing EPR laws, including a new EPR law for batteries in Washington, an amendment to Oregon’s drug takeback law, and a first-in-the-nation Household Hazardous Waste (HHW) law in Vermont, which brings the tally to 133 nationwide. (Check out our EPR Laws Map, where one state changed color just this week!) And Maryland enacted a study bill that will likely lead to passage of packaging EPR in that state in 2025. We expect that soon we’ll have more announcements: Legislation awaiting a governor’s signature includes a paint EPR bill and a packaging EPR study bill in Illinois, and a first-in-the-nation EPR for tires bill in Connecticut. In Oregon, an electronics EPR amendment bill is also being considered by the legislature. 

PSI has been right there beside our Members and Partners every step of the way – and this year was no exception. Suna Bayrakal, PSI’s Director of Policy and Programs, shared news of our work with Metro in Portland to help develop a vision for effective and equitable implementation of the Oregon mattress law in the area, as well as our engagement with SMR and other recyclers to pursue battery EPR legislation in New York state, in response to concerns about battery fires in New York City.  

Lelande Rehard, our Senior Associate of Policy and Programs, reported on PSI’s: 

• Engagement with Connecticut Green Bank and Department of Energy and Environmental Protection on end-of-life management for Battery Energy Storage Systems (BESS). 
• Collaboration with Oregon Department of Environmental Quality to modernize the E-cycles program. 

• Stakeholder engagement to develop an e-waste EPR bill in Alaska, where unlined landfills are still in use. 
• Work with the Missouri Product Stewardship Council to build momentum for paint stewardship in the state.  

Lelande also reported that PSI was recently engaged by Worthington Industries to develop gas cylinder EPR legislation in other states, building off of Connecticut’s success.  

PSI’s work on pharmaceuticals and medical sharps stewardship continues, with Hanz Atia, Associate of Policy and Programs, reporting on that front. In collaboration with the Missouri Pharmaceuticals Working Group, we connected over 100,000 with resources including the Missouri take-back map webpage, increasing traffic by 600%; we also hosted the second Missouri Pharmaceuticals Stewardship Stakeholder Summit and worked with Rx for Climate to create a continuing education course for pharmacists in Missouri that included information on responsible drug disposal. In partnership with the Oklahoma Department of Environmental Quality, we implemented a project funded by the U.S. EPA to expand access to save medical sharps disposal across the state, reaching nearly 145,000 people with resources and inspiring discussions with the Department of Health to create a state-wide sharps take-back program. 

As explained by Will Grassle, Associate of Policy and Programs, packaging EPR was once again a leading policy priority, with 17 unique bills introduced in 12 states (not including study bills) in this legislative session alone. PSI worked extensively to educate stakeholders on a range of related topics, including: 

• Publishing the Making Sense of “Chemical Recycling” Report, which was designed to provide guidance to government policy makers considering chemical recycling technology permits and legislation and to support informed policy making discussions and decisions. 

• Hosting webinars on compostable packaging, redesign, and chemical recycling. 
• Facilitating a reuse in packaging working group. 
• Developing advocacy and education materials for multiple states including Washington, Oregon, and Illinois, through our work facilitating the Northwest Product Stewardship Council and the Illinois Product Stewardship Council, respectively.  

If you are interested in Membership or Partnership, click here. As Scott put it, “Let’s all acknowledge that this is a new phase in the EPR movement – we’re in prime time now! After more than two decades of capacity building, advocacy, and enacting laws in the U.S., we now have a robust eco-system of EPR professionals advancing the field in every corner of the country – state and local governments, large and small businesses, nonprofits, and academic institutions.” 

by Hanz Atia, Associate, Policy & Programs

The COVID-19 pandemic expedited the growth of at-home care for all types of patients and that number is expected to continue to grow. While at-home care has several challenges, one that is least talked about is how to properly dispose of medical and pharmaceutical waste outside of a healthcare facility.

Stericycle, a PSI partner, recently released its second annual Healthcare Workplace Safety Trend Report, revealing key perspectives and insights for improving patient and provider safety, including the challenges of managing medical and pharmaceutical waste in at-home care settings. 

The report found that most healthcare providers (90%) and administrators (83%) expect the rate of at-home care to increase over the next five years. Only half (53%) of providers surveyed said they know how to dispose of medical waste in a safe manner in at-home care settings. That concern is increasing; in 2021, 65% of providers agreed their knowledge of disposal in at-home settings was sufficient. Providers are also concerned about the resources available, with less than half (41%) believing they have the adequate tools and resources available to properly dispose of regulated medical and pharmaceutical waste in at-home care settings.

On the heels of immense change brought on by modernization, new technology, changing expectations – and of course, the COVID-19 pandemic – the report delivers actionable steps for healthcare organizations to help create a healthier and safer environment for their patients and staff. Stericycle’s recent blog also shares critical information.

Medical “sharps” – disposable needles, syringes, and lancets – also allow people to self-inject medications at home and in public spaces. Americans discard more than three billion of these materials each year, often dumping them down drains or in the trash, but medical sharps can pollute the environment and injure sanitation workers. For more on solutions for medical sharps management, visit our product page. 

by Hanz Atia, Associate, Policy & Programs

When dumped in the trash or flushed down the drain, pharmaceuticals can contaminate our environment – and, when left in medicine cabinets, drugs can cause accidental overdoses. But Oregon just passed an amendment to its 2019 EPR law, which expands the type of facilities at which covered drugs under drug takeback programs may be disposed. SB 411 will now go to Governor Tina Kotek for signature. 

In 2010, PSI led a national coalition to pass the Secure and Responsible Drug Disposal Act and change related regulations that made it possible for retail pharmacies to host drug take-back programs for unwanted medicines, including controlled substances. That year, we developed model pharmaceuticals EPR legislation with our national coalition; by 2012, PSI Member Alameda County had used our model to establish the first pharmaceuticals EPR ordinance in the country, which was upheld by the courts despite industry appeals. Learn more on our pharmaceuticals product page. 

We testified in support of SB 411, which added federally regulated medical waste incineration facilities to Oregon’s drug disposal program. These facilities provide incineration service options in other state drug take-back programs, providing additional competition that can potentially lower drug disposal costs.  

Editor’s note: This legislation was signed into law on May 23, 2023.

by Suna Bayrakal, Director, Policy & Programs

Many household products – including cleaning fluids, varnish, paint removers, fuel additives, and gas cylinders – contain toxic and/or flammable ingredients. Although the U.S. Environmental Protection Agency sets stringent requirements for hazardous waste generated by businesses, it does not regulate household products that contain the same hazardous materials. Known as Household Hazardous Waste (or “HHW”), these products should require special handling once consumers are finished using them. Many local governments run HHW collection events to help residents safely dispose of these products, but these events are infrequent and often underfunded; others build and operate permanent facilities that collect HHW year-round, but at a major and growing expense to taxpayers and government. In many communities, where there is a lack of collection facilities or events, or inconsistent HHW collection services due to the limited resources of local governments, significant quantities of these materials are disposed of in the trash or down the drain – it is estimated that 855 tons or more per year of HHW are being disposed of in landfills in Vermont. These unsafe disposal practices contaminate the environment and threaten the safety of drinking water; when stored at home, HHW puts children and pets at risk for poisoning and can cause fires or release dangerous pollutants during flooding. This is the problem that Vermont set out to solve with first-in-the-nation HHW Extended Producer Responsibility – known as “EPR” – legislation, which is now on Governor Phil Scott’s desk.  

H.67 creates a statewide HHW EPR program, which will be managed and sustainably funded by the manufacturers of these products. Local governments will have the opportunity to participate in the program and be reimbursed by manufacturers for their costs of collection; they will also save money as transportation and processing costs are assumed by manufacturers H.67 is consistent with current EPR best practices and contains key elements necessary for implementation of an effective HHW EPR law, including:  

• Performance goals to measure progress; 
• Annual reporting to provide transparency and monitor program implementation;  
• Education and outreach to raise public awareness about how to safely manage HHW and reduce leftover products, including targeted to Vermont’s diverse ethnic and environmental justice populations; and 
• Opportunities to improve the plan as the program is implemented and matures. 

HHW EPR programs have operated successfully in Canada since the 1990s and, in the past few years, expanded to new provinces based on that success. In Manitoba, collection volumes increased four-fold in the first five years of program implementation; in British Columbia, more than 131,000 gallons of HHW were collected in 2017. Over the past decade, PSI analyzed the operational feasibility of EPR for HHW in the U.S., as well as best practices and lessons learned from existing programs across Canada.  

“H.67 is the first law in the United States that brings producers of the most toxic and consequently difficult and costly to manage portion of the waste stream to the table to develop a plan that creates cleaner land and water for all Vermonters,” said Jen Holliday, Director of Public Policy and Communications for the Chittenden Solid Waste District (CSWD) and a PSI Board member, who has been working on this legislation since 2017. “In addition, producers will now be incentivized to develop less-toxic household products. We are hopeful Governor Scott will sign this bill.” 

PSI worked with Vermont’s state and local government officials, including those in the Vermont Product Stewardship Council, to develop and refine the legislation in Vermont, which builds on prior PSI work in Oregon led by Metro, a regional government in Greater Portland. Our research on Canadian programs contributed to the development of the Vermont bill. Learn more on our HHW product page.

PSI has also worked with Vermont stakeholders to develop the state’s additional EPR laws on paint, electronics, pharmaceuticals, mercury lamps, mercury thermostats, and batteries. As a result of these laws, Vermont has the highest per-capita collection and recycling rates in the US for many of these products and H.67 is expected to produce similar results. 

We look forward to the positive impact of H.67 in Vermont and beyond! 

by Suna Bayrakal, Director, Policy & Programs

After Governor Jay Inslee signed Washington State’s new legislation on May 11th, it became the 10th state – plus Washington D.C. – to enact a battery EPR law. This law shows the strong and steady trend towards state battery EPR laws that include a broad scope of both single and rechargeable batteries, with best practices that are standards in all effective EPR laws – such as performance goals and convenience standards. Each passage of an EPR for batteries law has increased the types that are included: Washington is the first state to include e-mobility devices and to study the opportunities and challenges of managing large-format batteries and batteries that are embedded in products, such as electronics.

Vermont enacted the nation’s first single-use household battery EPR law in 2014, which PSI helped pass: In its first year of implementation, that state increased collection by more than 180 percent. More recently, PSI provided technical support to incorporate best practices from our model battery EPR legislation into the Washington DC law enacted in 2021, which is the first single-use and rechargeables battery EPR law in the nation that also addresses battery-containing products. PSI is currently working in New York State to amend the 2010 Rechargeable Battery Law so that it includes e-Mobility devices, in order to decrease the potential for fires that have been rampant in New York City because of lithium-ion batteries in e-bicycles. 

Last year, representatives from 10 states joined our battery stakeholder group to develop PSI’s next-generation battery EPR legislative model, elements of which were included in the California law enacted in 2022 that was championed by the California Product Stewardship Council and Californians Against Waste, which also covered single use and rechargeable batteries. 

Washington’s new law was spearheaded by Heather Trim at Zero Waste Washington and PSI’s state and local members including Megan Warfield at the Washington State Department of Ecology and McKenna Morrigan at Seattle Public Utilities. The law includes best practice elements of battery EPR legislation, which are also included in PSI’s model. This law will create a statewide battery stewardship program for Washington that is managed and sustainably funded by producers, reducing greenhouse gas emissions and removing toxic substances from the waste stream. It is consistent with EPR best practices as it includes: 

• Performance goals to drive program effectiveness. 
• Convenience standards to ensure that the program is accessible state-wide. 
• Education and outreach, including resources targeted at overburdened and vulnerable communities to raise public awareness about how to recycle batteries. 
• Annual reporting to monitor program implementation. 

The law also contains other elements of successful programs, including material fees that incentivize environmental performance, a stewardship plan, and opportunities to improve the plan as the program is implemented and matures. Local governments will have the opportunity to participate in the program and be reimbursed by producers for their costs of collection; they will also save money as transportation and processing costs are assumed by producers.  

By October 2027, the Department of Ecology must complete an assessment and submit findings to the legislature on the opportunities and challenges associated with the end-of-life management of batteries not covered by the legislation, including large-format batteries and those in battery-containing products that are embedded and/or not designed to be easily removed. The assessment must consider which criteria of the legislation should apply to these batteries and battery-containing products. By April 2024, the Department of Ecology must also submit a report to the legislature on policy recommendations for the collection and management of electric vehicle batteries.   

Large format batteries that weigh more than 25 pounds, such as those used in electric vehicles, solar power systems, and data centers, are expected to experience significant market growth in the coming years. If these batteries are not collected and recycled, they will increase in the waste stream. Similarly, battery-embedded products either end up in the waste stream or are sent to battery/electronics recycling centers, where they are expensive to dispose of. Leading EPR battery programs in British Columbia and the European Union have already taken a step toward including a broader product scope that covers larger batteries and battery-embedded products. Some battery producers have global markets and sell into these jurisdictions and will have to meet these requirements there.  

Washington already has significant experience passing and implementing EPR programs for electronics and mercury-containing lamps and has more recently enacted stewardship programs for solar panels, pharmaceuticals, and paint, all of which are based on the fundamental principles of EPR. These laws improve collection convenience, build better supply chains, protect the environment and human health, and create jobs – all while significantly reducing the financial and management burden on local governments. We look forward to similarly positive outcomes from this new battery law! 

by Rachel Lincoln Sarnoff, Marketing and Communications Director

2023 legislative sessions are now underway and many extended producer responsibility (EPR) bills were first out of the gate! There is an unprecedented momentum for these bills. Both Connecticut Governor Ned Lamont and New York Governor Kathy Hochul have indicated their backing, representing an unprecedented level of support for the passage of packaging EPR legislation in these states.  

During legislative session, we monitor activity on bills requiring new EPR programs or amending existing EPR laws in the United States; this information is shared with our Members and Partners through emailed Legislative Updates and is also available to them in our Legislation Library. At press time, these are the bills that had been introduced: 

• Battery EPR in New York and Washington; on January 17th, the District of Columbia enacted their Batteries and Electronics amendment. Our model EPR legislation informed the first EPR law for all single-use household batteries, enacted in Vermont, as well as battery bills introduced in states across the country from 2015 to 2020, and, in 2021, the first battery EPR law for single-use and rechargeable batteries, as well as battery-containing products, which was enacted in Washington, D.C. Learn more about our perspective on battery EPR by clicking here. 
• Household hazardous waste (HHW) EPR in Vermont. Although no HHW EPR program currently exists in the United States, they have operated successfully in Canada since the 1990s: In Manitoba, collection volumes increased four-fold in the first five years of program implementation. PSI’s research fueled the introduction of HHW EPR bills in both Oregon and Vermont. Learn more about our perspective on HHW EPR by clicking here.
• Packaging EPR in Maryland, New York, Washington, and New Jersey (originally introduced in 2022 and still active). In 2016, we developed our model packaging EPR legislation, then updated it in 2019 with input from industry and government. Maine and Oregon used our model to enact packaging EPR laws in 2021, Colorado followed suit in 2022 and, that same year, California also enacted legislation that was informed by our model. Learn more about our perspective on packaging EPR by clicking here.
• Paint EPR in Missouri, which, if passed, would be the state’s first EPR law. Beginning in 2003, PSI convened and facilitated a multi-stakeholder dialogue that included participation and support from the paint industry, state and local governments, the U.S. Environmental Protection Agency (EPA), and recycled paint manufacturers to develop a consensus model for paint EPR legislation. In 2009, Oregon used our model to enact the country’s first paint EPR law; since then, we have helped pass paint EPR legislation built on the same model. Today, there are paint EPR laws in 10 states and the District of Columbia. Learn more about our perspective on paint EPR by clicking here.
• Mercury-containing lighting EPR in Washington. In 2007, PSI initiated a dialogue on fluorescent lighting that resulted in a national action plan on lamp recycling and contributed to the enactment of EPR laws in five states; we also partnered with rural governments in 13 other states to boost collection of lamps and other mercury-containing products. Learn more about our perspective on lighting EPR by clicking here. 
• Pharmaceuticals law EPR amendment in Oregon. In 2010, PSI led a national coalition to pass the Secure and Responsible Drug Disposal Act and change related regulations that made it possible for retail pharmacies to host drug take-back programs for unwanted medicines, including controlled substances. That year, we developed model pharmaceuticals EPR legislation with our national coalition; by 2012, PSI Member Alameda County had used our model to establish the first pharmaceuticals EPR ordinance in the country, which was upheld by the courts despite industry appeals. Since then, our work has helped pass pharmaceuticals EPR laws in eight states and 23 local jurisdictions. Learn more about our perspective on pharmaceuticals EPR by clicking here. 
• Refrigerant-containing appliances EPR in Washington. In 2014, PSI provided research and policy analysis to New York City, which passed the first-ever law to safely manage refrigerant-containing appliances; since its passage, manufacturers collected more than 90,000 products and saved the city more than $1.3 million. PSI also helped defend New York City’s law against a legal challenge from the Association of Home Appliance Manufacturers, and we contributed to the hydrofluorocarbons emissions reduction law enacted by Washington State in 2021. Learn more about our perspective on refrigerant-containing appliance EPR by clicking here. 
• Solar panel EPR in Minnesota. Washington state passed the first state solar panels EPR law in 2017. In 2021, PSI helped develop the solar panels EPR law enacted by Niagara County, New York – the first such local law in the country. Learn more about our perspective on solar panel EPR by clicking here. 

We also expect to see introductions of additional battery, carpet, electronics, mattress, packaging, paint, and pharmaceuticals EPR bills and amendments in additional states. We appreciate the leadership of legislators and stakeholders who are leading the charge, and look forward to celebrating with our community when these bills become law.