Keeping up with a fast-changing and unpredictable framework of state Extended Producer Responsibility (EPR) programs requires a dynamic and forward-thinking team of regulatory and policy experts. New state-level applications of EPR to product packaging and paper have significant business, legal, and policy implications for entities along a vast range of value chains. EPR, a policy approach that seeks to shift responsibility for end-of-life product management to upstream producers, imposes financial and administrative obligations on certain product producers. The idea of EPR is relatively simple — producers help pay for cleanup costs of waste they create, sell, or distribute.
What is not simple is the existing and growing framework of state EPR programs. Dozens of states have introduced or considered EPR legislation in the last handful of years, and many are taking steps to develop EPR legislation, build the foundations of EPR programs, and address the litigation these programs may face. With a variety of programs promoting different goals and utilizing inconsistent definitions, the question of who and what is regulated under each state EPR program can be deceptively challenging to answer. A producer under one state’s program may meet an exemption in a second state but may fall entirely outside the scope of regulation in a third. Another producer may be subject to EPR requirements under all existing programs, even if the products it makes or sells are not traditional “consumer products.” Moreso, compliance with existing EPR programs is only one piece of the puzzle. As more and more states contemplate creating and implementing EPR programs, as evidenced by the recent introduction of dozens of such programs across the country, existing producers will become subject to additional requirements on a rolling basis. Identifying, tracking, and meeting these compliance requirements can feel like an uphill battle.
What We Do
- Legislative Tracking
- Provide real-time updates of emerging policies
- Monitor legislative trends
- Identify legislation and regulations with direct or indirect client impacts
- Evaluation and Management of Business Risk
- Review product design and packaging
- Provide insight into industry EPR trends
- Prepare recommendations for product redesign
- Assess legal risks of related business decisions
- Product and Producer Compliance
- Assist with PRO registration
- Assist with recordkeeping and reporting
- Review inventory and sales records to verify producer and product status
- Identify relevant exemptions for each state program
- Provide regulatory references and general information about program frameworks
- Strategic and Proactive Planning
- Develop forward-looking plans
- Predict how additional EPR programs will impact sales and compliance
- Identify solutions to future challenges
- Assist client to get “ahead of the curve”
- Provide comprehensive recommendations to avoid inefficient, piecemeal compliance
- Provide solutions to meet program requirements that are economic, practical, and support a positive corporate image
- Identify compliance opportunities with present and future corporate benefits
- Packaging Redesign
- Propose strategic business advice
- Assist with any chemical or scientific considerations
- Provide insight into factors such as compliance with regulations abroad
- Identify challenges to production and marketing
Our Experience
Our firm has its finger firmly on the pulse of EPR in the United States and abroad, as is reflected by our team’s demonstrated ability to forecast regulatory trends due to our dynamic and multifaceted range of experts in fields such as product stewardship, regulatory tracking, and more. Clients will find that our firm’s tenured experience within the ever-changing realm of environmental regulatory law and policy uniquely allows us to address questions and concerns about new, upcoming, or quickly changing EPR frameworks. With in-house policy experts, legal professionals, and scientists with expertise in product design, B&C offers comprehensive services for any EPR regulatory or business needs.
Managing Partner Lynn L. Bergeson is a past President of the Product Stewardship Society’s (PSS) Board of Directors, having served for years previously on the PSS Board. Ms. Bergeson assists multinational entities to develop and maintain sophisticated product stewardship programs premised on solid, forward-thinking corporate principles and newer, greener technologies that offer product performance and smaller environmental footprints.
Lisa R. Burchi, Of Counsel, has over 25 years of experience in assisting clients navigate complex and nuanced regulatory requirements both at a federal level and in California. She is an expert at working within a range of highly technical, specialized frameworks — including EPR.
Kelly N. Garson, Senior Associate, represents clients in managing legal and regulatory issues that are faced when bringing new products to market and evaluating existing products under various EPR frameworks. Ms. Garson’s experience includes assisting producers of products that do not fall into traditional “consumer product” categories in determining compliance requirements under existing state programs.
Catherina D. Narigon, Associate, assists clients in navigating the complex legal frameworks and policy implications that make up the existing EPR regulatory scheme. Ms. Narigon’s experience includes assisting producers evaluate application exemptions and obligations under state programs and connecting producers with technical and practical resources for EPR data gathering and reporting.
Richard E. Engler, Ph.D., Director of Chemistry, is a former senior staff scientist in the U.S. Environmental Protection Agency’s (EPA) Office of Pollution Prevention and Toxics (OPPT) and leader of EPA’s Green Chemistry Program. He holds a Ph.D. in physical organic chemistry. Dr. Engler’s expansive understanding of the specific challenges and opportunities associated with the chemical composition of plastic and packaging provides clients the information necessary to make sound business decisions regarding product redesign and consideration of packaging alternatives.
Christine M. Palermo, Ph.D., DABT, Director of Regulatory Sciences, provides clients with global strategy in chemical regulatory compliance, risk assessment, and product stewardship, assisting clients to commercialize new products and expand product markets in the emerging EPR landscape. Scott J. Burya, Ph.D., Regulatory Chemist, assists clients in all stages of product design and development from prototype development and regulatory approvals to end-of-life product management and other EPR considerations. Heather F. Collins, MS, Regulatory Consultant, has an extensive project management background developing and managing compliance matters.
B&C’s U.S. team is augmented by the professionals of our international consulting affiliate, The Acta Group (Acta®), with offices in the United Kingdom and the European Union, and partners and agents in Asia and South America. EPR policies are commonplace abroad. The B&C and Acta partnership offers clients comprehensive EPR compliance planning and execution across the global supply chain and in all regions in which clients wish to launch or maintain successful products.
Representative Engagements
- B&C has provided flowcharts to help clients determine producer status under state programs.
- B&C regularly analyzes strategies for clients to consider for meeting EPR program exemptions.
- B&C professionals have evaluated client products to identify whether any exemptions across states with EPR programs might be applicable.
- B&C regularly informs clients about program deadlines and timing of various requirements.
- B&C professionals have researched legislative history of state EPR programs, including listening to house and senate testimony, to determine the intended meaning of undefined terms.
- B&C regularly works with clients to identify important differences between state programs as related to a specific type of packaged product.
- B&C assists clients in tracking developing EPR legislation and program planning across the United States.
- B&C has provided research on existing contractors and firms involved in EPR data management to assist clients in locating a service that would best fit the company’s needs.