Vermont considers EPR program for household hazardous waste

Vermont state lawmakers have passed legislation that would develop an extended producer responsibility (EPR) program for household hazardous waste (HHW). H.67, an act relating to household products containing hazardous substances, is on Vermont Gov. Phil Scott’s desk to sign.

According to H.67, the bill would require that manufacturers of household products containing a hazardous substance participate in a stewardship organization and implement a plan to collect household products containing a hazardous substance free of charge to the public. H.67 states that Vermont’s hazardous waste rules establish specific requirements for the management of hazardous waste, including a prohibition on disposal in landfills.

H.67 states that leftover household products, known as HHW, are regulated through a requirement that municipal solid waste management entities include provisions in solid waste implementation plans for the management and diversion of unregulated hazardous waste. The state solid waste management plan also requires solid waste management entities to hold a minimum of two HHW collection events every year. The proposed legislation also states that it is estimated that 855 tons or more per year of HHW are disposed of in Vermont landfills every year.

According to a news release about the legislation from the Boston-based Product Stewardship Institute (PSI), H.67 is consistent with current EPR best practices and contains key elements necessary for implementation of an effective HHW EPR law, including:

• performance goals to measure progress;
• annual reporting to provide transparency and monitor program implementation;
• education and outreach to raise public awareness about how to safely manage HHW and reduce leftover products; and
• opportunities to improve the plan as the program is implemented and matures.

“H.67 is the first law in the United States that brings producers of the most toxic and consequently difficult and costly to manage portion of the waste stream to the table to develop a plan that creates cleaner land and water for all Vermonters,” says Jen Holliday, director of public policy and communications for the Chittenden Solid Waste District and a PSI board member who has been working on this legislation since 2017. “In addition, producers will now be incentivized to develop less-toxic household products. We are hopeful Gov. Scott will sign this bill.”

PSI says it worked with Vermont’s state and local government officials, including those in the Vermont Product Stewardship Council, to develop and refine this legislation.