Extended Producer Responsibility Developments
Background
Beginning in November 2021, ACA has been engaged with the automotive refinish coatings sector to evaluate the feasibility of establishing a new PaintCare-style recycling program for automotive refinish containers collected from body shops, including a feasibility study to test the concept. The automotive refinish container recycling initiative is referred to as ARC.
In January 2023, ACA staff provided an update on ARC at the Executive Committee meeting. In consideration of the significant packaging and HHW EPR legislative activity that took place in 2021-2022 and the likelihood of more EPR laws on the way, the Committee recommended placing the ARC feasibility study on hold. Staff will evaluate the impacts of new EPR mandates and develop solutions for the broader coatings industry, including managing any future industry obligations arising from these laws under an expanded PaintCare umbrella.
ACA Action
Activities are underway to help inform a strategy for responding to current and future packaging and HHW EPR laws, and for keeping member companies informed about progress.
Staff are evaluating EPR laws and proposed regulations for their implications on the various sectors and products manufactured by the coatings industry, including to determine which coatings product sectors are excluded by definition or qualify for exclusion under an exemption process. They are also consulting with ACA members to develop a comprehensive list of coatings, related products, and packaging types sold by member companies that may be subject to the new EPR laws.
ACA is completing an analysis of current paint stewardship statutes to determine how to amend them to provide PaintCare with broader authority to develop recycling/management programs for products and packaging other than architectural coatings. The analysis includes retaining the ability to impose an end user fee to fund an expanded program. In Vermont and California, staff are already working directly with state oversight agencies and elected officials to determine a path for expanding PaintCare while simultaneously removing them from the obligations of the HHW and packaging laws in those states.
Collaboration is taking place with other industries and product responsibility organizations (PRO) to build consensus for responding to EPR laws. Delaying implementation timelines to allow more time to prepare for and/or develop alternative compliance approaches is a key goal of this collaboration.
ACA Staff
Heidi K. McAuliffe
Senior Vice President, Government Affairs
Suzanne Chang
Counsel, Government Affairs