SWANA Announces New Guidelines on Extended Producer Responsibility (EPR)

The Solid Waste Association of North America (SWANA) announced Guiding Principles and a new Technical Policy regarding Extended Producer Responsibility (EPR) today.  

The documents address key aspects of EPR policy for products and packaging, with an emphasis on the role of EPR in supporting recycling and reuse systems, promoting safety, and enhancing recycling infrastructure and education. As defined by the SWANA Guiding Principles, EPR is a policy construct that holds that producers are responsible and accountable for the lifecycle of their product. 

“SWANA has been engaging in international conversations about the role of EPR, and these new guiding principles will strengthen our position as we advocate to protect the interests and needs of our members in the waste and resource recovery industry. EPR policies are advancing rapidly in North America, making it vital that SWANA is at the table in these conversations,” stated SWANA CEO/Executive Director, Amy Lestition Burke. “We envision SWANA taking a lead as a convener and curator of stakeholder conversations around EPR, especially in terms of how the programs affect and improve safety and the necessity of using and improving the current collection and processing systems.”

The SWANA Sustainable Materials Management Technical Division Advocacy Committee took the lead in developing the Guiding Principles and the Technical Policy, which were reviewed and approved by the Board of Directors on October 19. SWANA Technical Policies serve as a resource for members and as guiding documents for SWANA’s positions. 

“I am so proud of all the SWANA members who spent countless hours to develop the new EPR Technical Policy and Guiding Principles,” shared SWANA President, Tammy Hayes. “There was a great deal of discussion and respectful debate on the various factors of EPR to make sure a range of perspectives were represented. On behalf of the SWANA Board of Directors, we thank everyone who worked on this. The final documents will guide SWANA advocacy and engagement and will serve as a tool for our members as they engage in EPR conversations in their own work.”  

The SWANA EPR Technical Policy and Guiding Principles apply to packaging as well as other materials, including household hazardous waste, lithium-ion batteries, sharps, carpets, mattresses, tires, paint, and more. They focus on how EPR can promote safety, which supports the SWANA Strategic Plan's efforts to “identify and promote worker safety as an additional outcome of Extended Producer Responsibility (EPR).”  

These new policies will be discussed at SWANA’s WASTECON® on Wednesday, October 23 during a General Session on packaging EPR, featuring a fireside chat discussion with representatives from ecomaine, Recycling Partnership, Recology, and SC Johnson, moderated by SWANA CEO/Executive Director, Amy Lestition Burke.  “I am excited to discuss this important topic and SWANA’s role with experts who are engaged with EPR,” shared Lestition Burke. “We will hear perspectives from SWANA members as well as from brands with the goal to expand knowledge on the topic to everyone in the industry and to lay a strong groundwork for collaboration into the future.”  

Thank you to the many members of SWANA who worked on developing these documents!

Summary of SWANA Guiding Principles on Extended Producer Responsibility (EPR) 

• Safety: Goals of EPR policy should focus on safety throughout the lifecycle of the product, particularly safety for solid waste and resource management professionals. 

• Commonality: Current and future EPR policies should strive for commonality, including comprehensive, broadly defined categories inclusive of all agreed-on items in that product sector across states/nationally. 

• Data: Policy should be informed by current data and needs assessments, including targets. 

• Funding Structure: Funds generated through EPR policies should be used in support of the system and not for other non-system projects. 

• Current System: Any current/future EPR policies should acknowledge, protect, and integrate systems (i.e. current infrastructure, contracts, etc.) along with local best management practices for waste collection and processing systems, while recognizing the need for evolving technologies and practices. 

• Materials Covered: Materials regulated under an EPR system should be afforded on/off ramps based on performance standards, including post-consumer recycled content, and enforcement mechanisms should be consistently applied to producers and service providers.   

Summary of SWANA Technical Policy on Extended Producer Responsibility (EPR) 

• The Technical Policy is meant to serve as guidance and not model legislative language.  Products are different and must be handled accordingly.  EPR is intended to better the environment and reduce costs and improve safety impacts on the solid waste industry. 

• The term “producer” is used to refer to brand owners, i.e. those who design and market a product and/or packaging. 

• The term Producer Responsibility Organization (PRO) refers to individual producers or an association of producers designated to manage and/or operate to comply with the EPR program and should work with current system operators to utilize an existing system, including accounting for investments in equipment.  Current material contracts should be honored such that existing operations are supported.  Controls must be put in place to protect against price manipulation.  

Items to be considered in the development of EPR include: 

• Uniform Collection List - The development of a Uniform Collection List (UCL) would bring clarity to what would be placed in the recycling bin, or drop-off depot. There are considerations to recognize the differences in impacts between hazardous materials and packaging materials. 

• Funding - There are different models of funding for EPR available. 

• Contamination – EPR should develop procedures to minimize the likelihood of contaminants being introduced in the recycling streams. 

• Recovery and/or Recycling Rates – A hallmark of EPR policies are setting recovery and/or recycling rates.  Recovery and Recycling can be two different things and as such should be defined clearly in the policy.  

• Eco-Modulation – Eco-Modulation is an element of EPR that rewards producers for designing their products in such a way that allows it to be easier recovered, recycled, or handled safely.   

• System transparency and performance – Program performance should be clearly measured and tracked over time, ensuring performance goals are met and clearly communicated to stakeholders at regular intervals. 

• Responsible End Markets - The end markets are responsible actors for environmental health and public safety and material is fully traceable. 

• Material Ownership - Current/existing law may dictate material ownership and should not be superseded by existence of a PRO and should be negotiated. 

• Advisory Council - Local government, current waste collection/processors (MRFs), reclaimers, and other stakeholders have ‘seat at the table’ to provide transparency, oversight.  Consider a role for coordinating an advisory board of stakeholders as a policy/program is being negotiated and/or a preliminary vote is occurring on any program/PRO planning, but not during the application or operations of the program.  

• Waste characteristics and needs assessment, i.e. good data, should underpin EPR policy construction, implementation, and ongoing system management.