Transcript Paint Product Stewardship Roll

PAINT PRODUCT STEWARDSHIP
ROLLOUT IN MINNESOTA
Jennifer Volkman, Statewide HHW Program Coordinator
Proud NAHMMA Member since 1995
MN’s HHW Program
2014
67 Permanent HHW
Sites
33 Seasonal
34 Year-round
19 VSQG/HHW sites
(15 Advertise)
300 Mobile Events Days
Some including VSQG’s
oops
HHW COLLECTION PARTICIPATION IN MN
360,000
50% increase in participation
in 7 years
343,185
337,098
332,739
320,000
50%
320,498
50%
47%
45%
40%
297,975
Households
300,000
282,033
280,000
30%
30%
265,269
23%
260,000
20%
241,590
16%
240,000
228,790
10%
220,000
6%
200,000
0%
2005
2006
2007
2008
2009
Year
2010
2011
2012
2013
Total Percent Increase from 2005
340,000
60%
PAINT COLLECTED IN MN 2013
 Collection
Ratio:
60% Metro; 40 % Greater MN
 Latex
Reuse rate: 17% (61% highest)
 Oil Reuse: 9% (70% highest)
 20,000
LDF’s
gallons latex to WTE or ADC on
LATEX PAINT 2010-2013
600,000
500,000
400,000
Latex Paint Collected
Latex Paint Shipped off site
300,000
Latex Paint Treated on site
Latex Paint Reused on site
200,000
100,000
0
2010 gal
2011 gal
2012 gal
2013 gal
OIL BASED PAINT 2010-2013
250,000
200,000
150,000
Oil Paint Collected
Oil Paint Shipped off site
Oil Paint Treated on site
Oil Paint Reused on site
100,000
50,000
0
2010 gal 2011 gal 2012 gal 2013 gal
PAINT MANAGEMENT METHODS

Local Reuse for both latex and oil based paint;
▪
Increase above 25% most dependent on labor
All oil based paint is blended for fuel by HW
contractors
 Latex: 95% to Amazon; 5% WTE (2 counties)
Alternative Daily Cover (10-15 smaller
counties)

HOW WE WORK TOGETHER

MPCA provides support to MN Counties
Administrative: Statewide waste management
contracts; $; program development)
Technical: facility management; site audits;
training
Educational: Toolkits; coordinate group work
efforts
Regular
meetings: with Metro and Regional
Program Managers to discuss the above
WHY WE WORK TOGETHER
Statutorily mandated (MPCA contracts with
counties and regions)
 Consistency in programs
 Share ideas and resources
 Safety and Health
 Purchasing power
 We like each other!

APPROACH TO PAINT STEWARDSHIP--HHW

Coordinated meetings to discuss program operations





Hours/seasonal operations
coordinating with retail
to bulk or not to bulk
More county/city collection sites due to lower level of
regulation?
Review draft contract language



Liability language
Insurance language
requirements
APPROACH TO PAINT STEWARDSHIP--HHW

Coordinate with HHW Programs to assess
costs:
 Small
survey sample: 9% labor; 50% disposal; 41%
administrative


Attend conference calls on roll out in other
states
Meetings to discuss Plan content and legislation (Garth)
BREAKDOWN OF WORK TO
IMPLEMENT A PS PROGRAM
 Legislation
 Regulatory
 Plan
Development
 Contracts with Counties
LEGISLATION

Much was determined during the first two failed attempts; no major changes before
final passage in 2013

Legislation provides a basic framework:
Subd. 2.Product stewardship program.
For architectural paint sold in the state, producers must, individually or through a stewardship
organization, implement and finance a statewide product stewardship program that manages the
architectural paint by reducing the paint's waste generation, promoting its reuse and recycling, and
providing for negotiation and execution of agreements to collect, transport, and process the
architectural paint for end-of-life recycling and reuse.

Implementation date: July 1 moved to Nov 1

Regulatory recourse: everyone stop selling paint!
Subd. 3.Requirement for sale.
(a) On and after July 1, 2014, or three months after program plan approval, whichever is sooner, no
producer, wholesaler, or retailer may sell or offer for sale in the state architectural paint unless the
paint's producer participates in an approved stewardship plan, either individually or through a
stewardship organization.
PAINT STEWARDSHIP PLAN
PaintCare was the only entity that submitted a
plan
 Plan reviewed, comments received by
stakeholders; MPCA submitted comments to
PaintCare.
 Final Plan due July 3 or 7…
 Main comments:

Projected collection volumes
 Insurance and assurance
 Education clarifications

PAINT STEWARDSHIP PLAN
Included: “evidence of adequate insurance and
financial assurance that may be required for
collection, handling, and disposal operations”
 Plan is posted at:
http://www.pca.state.mn.us/8kqwdry

REGULATION
Coordinate with your regulators before you finalize
legislation!
 MN regulates businesses down to the drop; no one
is conditionally exempt (CESQG vs. VSQG)
 Rules revised under “housekeeping” to regulate
paint only collectors at the SQG level.
 Adjustments to Metro County Ordinances also
required.
 Impact to county and state fees collected to run
HW programs in MN

PERCEIVED REGULATORY BARRIERS
Level of regulation for collectors: all HHW is
fully regulated once collected; same for VSQG
waste
 ID numbers: must have one to drop off waste
 Licensing: $
 Receipts: to demonstrate proper disposal
 Reporting: discussing nationally
 Changes to rules is difficult in MN

REGULATORY ASSISTANCE
Guidance developed for Collectors and Generators
located at: http://www.pca.state.mn.us/veiz8a8 ;
scroll down to “Specific Wastes” look for paint
 May 29th: Mailed guidance to ~3,200 businesses
with the word “paint, wall coverings… etc. in the
business name with a July 1 start.
 Will be re-mailing to the 3,200 businesses with the
revised start date of Nov 1.

CONTRACT PROCESS
HHW Programs went through contract and
provided comments to SWMCB and SWAA,
which are the groups that develop policy for
Metro and Greater MN solid waste programs
 Association of Minnesota Counties and
Minnesota Counties Insurance Trust also
weighed in.
 Template “for doing business in Minnesota”
developed

MN CONTRACT FOR HHW/COUNTY PROGRAMS
Recitals revise the relationship
 Allows counties to continue to use established
State Contract vendors.
 Reduced liability and insurance provisions.
 On-site services may require a different level of
liability protection: bulking, transport,
processing, reuse

MN CONTRACT FOR HHW/COUNTY PROGRAMS
Template was drafted and reviewed by 10+ county
attorneys.
 HHW Programs commented on draft
 Draft submitted to PaintCare on June 3.
 Initial response from PC is that the insurance and
indemnification provisions are lacking
 MN counties that PC provide specific examples of
potential liability issues that they will have in
Minnesota for merely reimbursing for
services provided under the State contract.

MEANWHILE
HHW/VSQG Programs had businesses showing
up with paint and demanding free disposal in
May—word is getting out!
 Not many questions have come in to MPCA
 Removed HHW/VSQG sites from paint locator
until closer to Nov 1 or when contracts are
signed.

THOUGHTS ON THE PROCESS
Those who draft legislation need to have a
deep understanding of existing regulatory
framework
 More regular communications sooner
 Staffing
 Future PS efforts; precedence and
sustainability
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THANK YOU!
[email protected]
 651-757-2801
