Report on the Extended Producer Responsibility Preliminary Consultation Program Report on the Extended Producer Responsibility Preliminary Consultation Program was prepared by the Waste Management Section of the Department of Environment and Conservation (NSW). In September 2003, a number of agencies within the NSW Environment portfolio were amalgamated to form the Department of Environment and Conservation (NSW). These agencies included the Environment Protection Authority, the National Parks and Wildlife Service, the Royal Botanic Gardens and Resource NSW. The new department will now meet the responsibilities of the former EPA, including preparation and implementation of an annual EPR Priority Statement. The Department of Environment and Conservation (NSW) is pleased to allow this material to be reproduced in whole or in part, provided the meaning is unchanged and the source, publisher and authorship are acknowledged. Published by: Department of Environment and Conservation 59–61 Goulburn Street, Sydney PO Box A290, Sydney South 1232 Phone: (02) 9995 5000 (switchboard) Phone: 131 555 (publications and information requests) Fax: (02) 9995 5999 TTY: (02) 9211 4723 Web: www.environment.nsw.gov.au E-mail: [email protected] ISBN 1 74137 041 8 DEC 2004/20 March 2004 Printed on recycled paper Contents 1. Introduction 1 Department of Environment and Conservation 1 About this report 1 2. Consultation process 2 3. Comments on general EPR issues and framework 3 EPR as a concept/approach 3 Assessment criteria for wastes of concern 6 Wastes of concern 8 Wastes for priority focus 11 EPR instruments 13 National or state action 15 Criteria for evaluating EPR schemes 16 Regulatory EPR schemes 18 Expert Reference Group 19 4. Comments on wastes of concern 21 Used tyres 21 Computers 28 Televisions 34 Nickel cadmium batteries, excluding mobile phone batteries 37 Agricultural/veterinary chemicals 41 Agricultural/veterinary chemical containers 43 Mobile phones and batteries 46 Packaging waste, including plastic bags 47 Cigarette butts 55 Electrical products, excluding computers, televisions and mobile phones 57 End-of-life vehicle residuals 59 Household hazardous waste 60 Office paper 65 Polyvinyl chloride (PVC) 68 Treated timber 70 Whitegoods residuals 73 Appendix I: Submissions received on the Consultation Paper 75 Appendix II: Facts sheets on the wastes for priority focus 77 Appendix III: What’s happening overseas? 97 Glossary 106 References 107 Further references 112 Report on the Extended Producer Responsibility Preliminary Consultation Program 1. Introduction The Waste Avoidance and Resource Recovery Act 2001 requires the Environment Protection Authority (EPA) to develop an annual statement identifying the extended producer responsibility (EPR) schemes it plans to recommend to the Minister. As part of the preparation of its first Priority Statement, the EPA released a Consultation Paper for comment in February 2003. This led to extensive briefings and roundtable discussions with key stakeholders from the industries responsible for the wastes identified in the paper. By the time the period for comment closed in April, the EPA had received 86 submissions on the paper. Extended Producer Responsibility Priority Statement 2004 reflects the outcomes of this broad community consultation. The Priority Statement identifies 16 final wastes of concern, with nine to receive priority focus over the next 12 months, together with the actions key stakeholders will be expected to take to reduce the amount and/or impact of these wastes in the waste stream. This Report on the Extended Producer Responsibility Preliminary Consultation Program outlines the consultation process and the community’s response to the proposals in the Consultation Paper. The Priority Statement should be read in conjunction with this report. Department of Environment and Conservation In September 2003, a number of agencies within the NSW Environment portfolio were amalgamated to form the Department of Environment and Conservation (DEC). These agencies included the Environment Protection Authority. As a result, the DEC is now responsible for coordinating EPR in NSW and is the publisher of this report and the first annual EPR Priority Statement. About this report Chapter 2 of this report outlines in detail the consultation process followed before Extended Producer Responsibility Priority Statement 2004 was finalised and published. Chapter 3 summarises the community’s responses to the key policy issues associated with implementing EPR schemes, including the adoption of EPR as an approach to managing waste; the assessment criteria used to identify wastes of concern; appropriate EPR instruments; criteria for evaluating EPR schemes; and the role and composition of an Expert Reference Group, which will advise the DEC and the Minister for the Environment on EPR schemes. Chapter 4 summarises the comments received on each of the nominated wastes of concern and outlines current action being taken to manage these wastes. The Appendixes to the report contain: • a list of those who made submissions on the consultation paper • updated fact sheets on the wastes for priority focus over the next 12 months • a brief guide to EPR developments overseas for the nominated wastes • an extensive reference list for those wanting more information on EPR schemes for particular waste streams. 1 Report on the Extended Producer Responsibility Preliminary Consultation Program 2. Consultation process The EPA released Consultation Paper: Extended Producer Responsibility Priority Statement on 7 February 2003 for comment by 30 April 2003. Copies of the paper and invitations to comment were mailed directly to key firms and organisations associated with the nominated wastes of concern, especially those for priority focus. Other groups targeted included professional industry groups and associations, environment groups, local government organisations and councils, relevant state and Commonwealth government agencies throughout Australia and waste industry representatives. A Ministerial media release announcing the consultation process was issued on 7 February and further releases followed in early April to remind target industries and the broader community about the issue. The availability of the paper was advertised in The Sydney Morning Herald and The Land in late February and articles placed in key industry newsletters and journals in March/April. During the consultation period, over 1500 copies of the paper were distributed and it was viewed 937 times on the EPA website, including 25 visits from overseas. The EPA arranged formal briefings and roundtable discussions with industry leaders in the electrical sector and the tyre industry in late February to acquaint them with the scope of the proposals. A number of follow-up briefings and discussions have since been held with representatives of these industries to consider both state and national developments in relation to electrical products and tyres. At their request, presentations on EPR and informal discussions took place with broader industry groups, the recycling industry, local government, community groups, the mobile telecommunications association, the plastics and chemicals industry, waste management organisations and the packaging industry. Presentations on EPR at the Australian Industry Group Fifth National Environment Conference (5 May 2003), the Plastics and Chemicals Industries Association National Conference (12 May) and the NSW Waste Management Conference and Expo (5 June) reached a combined audience of about 220 delegates. At the waste conference, EPR was also discussed by a panel of people with different perspectives and backgrounds (non-government, industry, academic, etc.) and they were generally positive about EPR and its role in waste management. To promote broader community understanding and debate on the issue, the EPA and Resource NSW1 sponsored the Total Environment Centre’s Green Capital Forum on EPR on 28 May 2003. The breakfast meeting attracted over 260 people from corporate, government and non-government organisations and was ranked positively by most in attendance for the high quality and diversity of views expressed by keynote speakers and panelists. The EPA received 86 submissions on the paper, including 36 from industry, 23 from local government, 10 from NSW Government agencies, seven from community and environment groups, seven from individuals and three from interstate agencies. See Appendix I for details. 1 Since September 2003, Resource NSW has been part of the Department of Environment and Conservation (NSW). 2 Report on the Extended Producer Responsibility Preliminary Consultation Program 3. Comments on general EPR issues and framework Most of the submissions on the Consultation Paper commented on one or more of the 16 proposed wastes of concern and these responses are detailed in Chapter 4 of this report. A number of submissions also commented on the broader conceptual and policy issues associated with the introduction of EPR schemes and details of these submissions are outlined below. EPR as a concept/approach In general the community’s response to the proposals on EPR schemes for NSW was positive, although there were some differences in attitude between the sectors that responded. Environment groups The six environment groups were highly supportive of the new policy approach. Comments included: • EPR has a critical place in waste avoidance and reduction because it promotes better design of consumer products and stimulates