California EPR Regulatory Revision Process Advances
work before we can initiate the formal rulemaking pro- cess,” Heller said Wednesday. The goal in the coming weeks is to review comments, “identify where we can make some tweaks, and hopefully start initiating this formal process soon,” she said. When the governor’s office sent CalRecycle back to the drawing board, the intent was not to change any dates that were in statute — increasing urgency to finalize the rulemaking process so that implementation can begin. With some key compliance dates quickly approaching, clear regulations will be important for Circular Action Alli- ance, producers and recycling service providers to under- stand their roles going forward, Heller said. CAA, the appointed producer responsibility organiza- tion for California’s EPR program, last month shared up- dates on how it is moving forward in California amid those constraints. It’s focusing on building a program plan, re- imbursement mechanism and reporting systems. CAA an- ticipates producers will register this fall, with a first data reporting deadline in November. Within a 25-page comments submission, Ameripen outlined its priority issue areas. Multiple business groups also called out how Califor- nia’s Proposition 65, meant to protect against harmful chemical exposures, shows up in SB 54. Ameripen said that, as written, the text would require a PRO to charge fees to producers that use a covered material containing any chemical on the Prop 65 list.
CalRecycle is reviewing a new set of comments on draft regulations for SB 54, California’s plastic source reduction and extended producer responsibility for packaging law. Comments were due to the agency June 3, a few weeks after the draft text was released. Packaging interest groups highlighted ongoing concerns around timelines and flexi- bility. Work on SB 54 has been “a wild ride, to say the least,” said Zoe Heller, the recently confirmed director of CalRe- cycle, speaking at the Product Stewardship Institute’s 25th Anniversary Forum in Wheeling, Illinois, on June 4. These latest steps followed Gov. Gavin Newsom’s office in March directing CalRecycle to restart the regulatory process, cit- ing cost concerns. Heller acknowledged the benefits of partnering with and learning from the work of other states. “We’re all try- ing to do something that’s very, very hard,” she said during a panel with officials from different states that are imple- menting packaging EPR. Heller discussed how the agency’s current work is now informed by even more comments and conversations. After beginning to read new comments this week, “while I can see we did some things well, there’s some components of our regulations that are still going to need
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