PAINT PRODUCT STEWARDSHIP ROLLOUT IN

MINNESOTA

Jennifer Volkman, Statewide HHW Program CoordinatorProud NAHMMA Member since 1995

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67 Permanent HHW Sites

33 Seasonal34 Year-round

19 VSQG/HHW sites (15 Advertise)

300 Mobile Events DaysSome including VSQG’s

MN’s HHW Program 2014

HHW COLLECTION PARTICIPATION IN MN

2005 2006 2007 2008 2009 2010 2011 2012 2013200,000

220,000

240,000

260,000

280,000

300,000

320,000

340,000

360,000

0%

10%

20%

30%

40%

50%

60%

228,790

241,590

265,269

282,033

297,975

332,739

337,098

343,185

6%

16%

23%

30%

45%

47%50%

Year

Hous

ehol

ds

Tota

l Per

cent

Incr

ease

from

200

5

50% increase in participation in 7 years

320,498

PAINT COLLECTED IN MN 2013

Collection Ratio: 60% Metro; 40 % Greater MN

Latex Reuse rate: 17% (61% highest)

Oil Reuse: 9% (70% highest)

20,000 gallons latex to WTE or ADC on LDF’s

LATEX PAINT 2010-2013

2010 gal 2011 gal 2012 gal 2013 gal0

100,000

200,000

300,000

400,000

500,000

600,000

Latex Paint CollectedLatex Paint Shipped off siteLatex Paint Treated on siteLatex Paint Reused on site

OIL BASED PAINT 2010-2013

2010 gal

2011 gal

2012 gal

2013 gal

0

50,000

100,000

150,000

200,000

250,000

Oil Paint CollectedOil Paint Shipped off siteOil Paint Treated on siteOil Paint Reused on site

PAINT MANAGEMENT METHODS Local Reuse for both latex and oil based

paint; ▪ Increase above 25% most dependent on labor

All oil based paint is blended for fuel by HW contractors

Latex: 95% to Amazon; 5% WTE (2 counties)

Alternative Daily Cover (10-15 smaller counties)

HOW WE WORK TOGETHER MPCA provides support to MN Counties

Administrative: Statewide waste management contracts; $; program development)

Technical: facility management; site audits; training

Educational: Toolkits; coordinate group work efforts

Regular meetings: with Metro and Regional Program Managers to discuss the above

WHY WE WORK TOGETHER Statutorily mandated (MPCA contracts

with counties and regions) Consistency in programs Share ideas and resources Safety and Health Purchasing power We like each other!

APPROACH TO PAINT STEWARDSHIP--HHW Coordinated meetings to discuss program operations

Hours/seasonal operations coordinating with retail to bulk or not to bulk More county/city collection sites due to lower level of

regulation?

Review draft contract language Liability language Insurance language requirements

APPROACH TO PAINT STEWARDSHIP--HHW

Coordinate with HHW Programs to assess costs: Small survey sample: 9% labor; 50% disposal;

41% administrative Attend conference calls on roll out in

other states

Meetings to discuss Plan content and legislation (Garth)

BREAKDOWN OF WORK TO IMPLEMENT A PS PROGRAM

Legislation Regulatory Plan Development Contracts with Counties

LEGISLATION Much was determined during the first two failed attempts; no major changes

before final passage in 2013

Legislation provides a basic framework:Subd. 2.Product stewardship program.For architectural paint sold in the state, producers must, individually or through a stewardship organization, implement and finance a statewide product stewardship program that manages the architectural paint by reducing the paint's waste generation, promoting its reuse and recycling, and providing for negotiation and execution of agreements to collect, transport, and process the architectural paint for end-of-life recycling and reuse.

Implementation date: July 1 moved to Nov 1

Regulatory recourse: everyone stop selling paint!Subd. 3.Requirement for sale.(a) On and after July 1, 2014, or three months after program plan approval, whichever is sooner, no producer, wholesaler, or retailer may sell or offer for sale in the state architectural paint unless the paint's producer participates in an approved stewardship plan, either individually or through a stewardship organization.

PAINT STEWARDSHIP PLAN PaintCare was the only entity that submitted a

plan Plan reviewed, comments received by

stakeholders; MPCA submitted comments to PaintCare.

Final Plan due July 3 or 7… Main comments:

Projected collection volumes Insurance and assurance Education clarifications

PAINT STEWARDSHIP PLAN Included: “evidence of adequate

insurance and financial assurance that may be required for collection, handling, and disposal operations”

Plan is posted at: http://www.pca.state.mn.us/8kqwdry

REGULATION Coordinate with your regulators before you

finalize legislation! MN regulates businesses down to the drop; no

one is conditionally exempt (CESQG vs. VSQG) Rules revised under “housekeeping” to

regulate paint only collectors at the SQG level. Adjustments to Metro County Ordinances also

required. Impact to county and state fees collected to

run HW programs in MN

PERCEIVED REGULATORY BARRIERS Level of regulation for collectors: all

HHW is fully regulated once collected; same for VSQG waste

ID numbers: must have one to drop off waste

Licensing: $ Receipts: to demonstrate proper

disposal Reporting: discussing nationally Changes to rules is difficult in MN

REGULATORY ASSISTANCE Guidance developed for Collectors and

Generators located at: http://www.pca.state.mn.us/veiz8a8 ; scroll down to “Specific Wastes” look for paint

May 29th: Mailed guidance to ~3,200 businesses with the word “paint, wall coverings… etc. in the business name with a July 1 start.

Will be re-mailing to the 3,200 businesses with the revised start date of Nov 1.

CONTRACT PROCESS HHW Programs went through contract and

provided comments to SWMCB and SWAA, which are the groups that develop policy for Metro and Greater MN solid waste programs

Association of Minnesota Counties and Minnesota Counties Insurance Trust also weighed in.

Template “for doing business in Minnesota” developed

MN CONTRACT FOR HHW/COUNTY PROGRAMS

Recitals revise the relationship Allows counties to continue to use

established State Contract vendors. Reduced liability and insurance

provisions. On-site services may require a different

level of liability protection: bulking, transport, processing, reuse

MN CONTRACT FOR HHW/COUNTY PROGRAMS

Template was drafted and reviewed by 10+ county attorneys.

HHW Programs commented on draft Draft submitted to PaintCare on June 3. Initial response from PC is that the insurance

and indemnification provisions are lacking MN counties that PC provide specific examples

of potential liability issues that they will have in Minnesota for merely reimbursing for services  provided under the State contract.

MEANWHILE HHW/VSQG Programs had businesses

showing up with paint and demanding free disposal in May—word is getting out!

Not many questions have come in to MPCA

Removed HHW/VSQG sites from paint locator until closer to Nov 1 or when contracts are signed.

THOUGHTS ON THE PROCESS Those who draft legislation need to

have a deep understanding of existing regulatory framework

More regular communications sooner Staffing Future PS efforts; precedence and

sustainability

THANK YOU! Jennifer.volkman@state.mn.us 651-757-2801