Ed. Note: Although Vermont is a small state, what they do is eyed by others. Handling hazardous materials in the municipal solid waste stream is increasingly expensive. This might be seen as a way out.
Vermont’s Agency of Natural Resources is busily working to implement a first-in-the-nation household hazardous waste extended producer responsibility law. Although federal law sets requirements for hazardous waste generated at retail locations, it does not regulate products that contain the same hazardous materials generated by households. That is where Vermont’s law comes into play.
Under the law, manufacturers who sell in Vermont, whether through brick-and-mortar locations or online sales, must determine whether their products qualify as “covered household hazardous products.” Examples of covered products include fuel additives, cleaning products, glues, paint removers, spray paint, nail polish, nicotine vaping devices, and gas cylinders that contain flammable or toxic ingredients. Those manufacturing covered products must participate in a stewardship organization that offers free statewide product collection.
This new funding framework changes the long-standing state requirement that municipalities bear the costs of collecting household hazardous wastes. While local governments can still operate collection programs, manufacturers will reimburse them for collection costs, including waste transportation and processing costs.
Deadlines under the law are rapidly approaching. By July 25th, 2025, a stewardship organization must register to represent all affected manufacturers and submit a single collection plan for all covered household hazardous products to the Agency for approval. That same day, a landfill disposal ban on covered products will go into effect. After January 1st, 2026, manufacturers who do not participate in the approved collection plan will be subject to a sales ban.
While the Agency can approve only one stewardship organization for the first collection plan, it can approve multiple organizations for subsequent plans. That said, the law allows only one approved plan at any time and can have a term of up to five years.
To qualify as a stewardship organization, an organization must commit to assuming the responsibilities and liabilities of all participating manufacturers, not create unreasonable barriers to participation, and maintaining a public website listing all manufacturers, their brands, and products covered by the approved collection plan. The law notably makes stewardship organizations responsible for all covered products, including products made by manufacturers in non-compliance with the law and those made by manufacturers no longer in business.
The Household Product Stewardship Alliance (HPSA) aims to serve as the stewardship organization responsible for the first collection plan. While the Agency has not yet approved HPSA as a stewardship organization, HPSA is proceeding as if it will ultimately be approved and has stated that covered entities must register with it by April 30th, 2025, to ensure ample time to meet the deadline for submitting the first collection plan. HPSA was formed by and is currently led by the Household & Commercial Products Association, a trade association for household and commercial product companies.
Given the July 25th deadline, manufacturers who do not want to be prohibited from selling in Vermont should act early to ensure they are included in the collection plan. Additionally, because manufacturers subject to this law must pay fees to cover the costs of the collection program, they should engage to ensure any final fee structure is apportioned correctly based on market share or product toxicity.
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