1
00:00:00,040 --> 00:00:06,040
We need to have a dedicated, 
consistent educational process 

2
00:00:06,040 --> 00:00:10,040
for recycling in our country. 
And it shouldn't be just state 

3
00:00:10,040 --> 00:00:12,520
to say it should be. 
I think federally, but also 

4
00:00:12,520 --> 00:00:14,760
state to state. 
I was just in Paris a couple 

5
00:00:14,760 --> 00:00:19,400
weeks ago and I'm in the subway 
and there's these huge recycling

6
00:00:19,680 --> 00:00:23,160
pictures on the subway walls. 
And it's like, it was a can and 

7
00:00:23,400 --> 00:00:27,200
it had wings on the can. 
It says, hey, this can doesn't 

8
00:00:27,200 --> 00:00:31,800
get recycled by itself, 
basically saying it takes, you 

9
00:00:31,920 --> 00:00:34,800
have to actually put it in the 
trash can. 

10
00:00:35,040 --> 00:00:37,320
And it talks about it's the, 
it's the we're trying to 

11
00:00:37,320 --> 00:00:40,040
accomplish improving 
sustainability and recycling and

12
00:00:40,040 --> 00:00:42,240
things like that. 
Welcome to the Environmental 

13
00:00:42,240 --> 00:00:45,200
Transformation Podcast, where we
bring you interviews with 

14
00:00:45,200 --> 00:00:47,880
industry leaders, climate 
champions, sustainability 

15
00:00:47,880 --> 00:00:51,680
practitioners, EHS and hazmat 
professionals making an impact 

16
00:00:51,680 --> 00:00:54,720
in their businesses today. 
Each leader solving complex 

17
00:00:54,720 --> 00:00:57,480
challenges and delivering 
solutions within their areas of 

18
00:00:57,480 --> 00:01:00,320
expertise. 
I'm your host, Sean Grady, and 

19
00:01:00,320 --> 00:01:03,560
thanks for joining us today. 
Before we jump in, make sure to 

20
00:01:03,560 --> 00:01:06,480
follow us on your devices and 
visit my website at 

21
00:01:06,680 --> 00:01:11,640
www.seankgrady.com and sign up 
for our newsletter and e-mail 

22
00:01:11,640 --> 00:01:13,720
announcements. 
Now let's get started. 

23
00:01:13,800 --> 00:01:15,680
Welcome to the. 
Environmental Transformation 

24
00:01:15,680 --> 00:01:17,920
Podcast. 
I'm your host, Sean Grady, and 

25
00:01:17,920 --> 00:01:20,800
today's guest is Megan Colligan 
Hembree. 

26
00:01:20,800 --> 00:01:24,720
And she is a member, or actually
she's a partner of Holland 

27
00:01:24,720 --> 00:01:28,640
Knight in Washington, DC, where 
she counsels Fortune 500 

28
00:01:28,640 --> 00:01:31,960
companies and global brands on 
chemical risk, environmental 

29
00:01:31,960 --> 00:01:35,560
compliance and high stakes 
disputes and transactions. 

30
00:01:35,840 --> 00:01:40,200
Her focus is strategic, helping 
clients manage complex liability

31
00:01:40,200 --> 00:01:42,960
across the life cycle of 
chemicals from product 

32
00:01:42,960 --> 00:01:47,120
development and disposal and 
turn regulatory complexity into 

33
00:01:47,120 --> 00:01:50,440
competitive advantage. 
Megan, welcome to the show. 

34
00:01:50,720 --> 00:01:54,480
I've watched you on some of your
posts on LinkedIn and it piqued 

35
00:01:54,480 --> 00:01:58,440
my interest 'cause you were 
speaking on EPR a couple times 

36
00:01:58,440 --> 00:02:00,840
and I thought, you know what, 
let's bring the expert in 

37
00:02:00,960 --> 00:02:03,200
illegal expert get her 
perspective on this. 

38
00:02:03,200 --> 00:02:06,400
So welcome to the show. 
Sean, it's great to be here with

39
00:02:06,440 --> 00:02:08,880
you today. 
Yeah, thanks. 

40
00:02:08,960 --> 00:02:12,040
Talk a little bit about let's 
give a definition for some of 

41
00:02:12,040 --> 00:02:15,760
the listeners who may not be 
that familiar with EPR. 

42
00:02:16,200 --> 00:02:19,360
Maybe you can just kind of give 
a high level summary of what is 

43
00:02:19,360 --> 00:02:22,840
it and how does it affect, how 
does it affect the industry and 

44
00:02:22,840 --> 00:02:26,680
maybe people personally. 
I think that's a great place to 

45
00:02:26,680 --> 00:02:31,640
start because it doesn't exactly
provide a clear vision of what 

46
00:02:31,640 --> 00:02:35,160
it's intending in its name. 
But if you look at the basic 

47
00:02:35,160 --> 00:02:37,640
words, the first one is 
extended. 

48
00:02:38,200 --> 00:02:44,320
So they're in essence laws that 
are designed to extend 

49
00:02:44,320 --> 00:02:47,920
responsibility related to the 
end of life management for 

50
00:02:47,920 --> 00:02:52,800
product disposal and recycling 
to the parties that are 

51
00:02:52,920 --> 00:02:58,760
producing the plastic as a 
component of their product and 

52
00:02:58,760 --> 00:03:02,200
therefore their, you know, their
method of transferring their 

53
00:03:02,200 --> 00:03:06,840
product to customers. 
So historically, it's very 

54
00:03:06,840 --> 00:03:11,800
important to start here. 
Waste is managed at the local 

55
00:03:11,800 --> 00:03:18,400
level generally, so every 
municipality has a different way

56
00:03:18,400 --> 00:03:21,120
of doing things. 
There are general obligations 

57
00:03:21,120 --> 00:03:25,520
under federal law for how 
landfills are managed and 

58
00:03:25,520 --> 00:03:31,520
permitted and how recycling 
infrastructure generally exists,

59
00:03:31,840 --> 00:03:36,280
and all of that implementation 
occurs at the state and local 

60
00:03:36,280 --> 00:03:41,320
level. 
And in 2018, China stopped 

61
00:03:41,320 --> 00:03:44,040
accepting waste from other 
countries. 

62
00:03:44,440 --> 00:03:49,440
At that moment in time, we saw 
from a policy perspective a 

63
00:03:49,520 --> 00:03:54,360
significant moment, a window of 
opportunity for issues related 

64
00:03:54,360 --> 00:03:59,360
to the plastics and waste 
streams in America to take full 

65
00:03:59,360 --> 00:04:03,400
center screen. 
And right around that time 

66
00:04:03,400 --> 00:04:08,240
period, U.S. policy makers and 
states started asking themselves

67
00:04:08,240 --> 00:04:10,840
what are we going to do? 
How are we going to handle this?

68
00:04:10,840 --> 00:04:15,160
At the same time, in Europe, at 
almost the exact moment in time,

69
00:04:15,560 --> 00:04:20,600
we had the EU, for example, 
developing their first set of 

70
00:04:20,600 --> 00:04:24,040
plastic bands for single use 
products. 

71
00:04:24,680 --> 00:04:29,680
This is all around the same time
where they started shifting 

72
00:04:30,080 --> 00:04:33,520
plastic straws to paper straws 
in the United States in multiple

73
00:04:33,520 --> 00:04:36,120
jurisdictions, as well as 
shifting plastic bag 

74
00:04:36,120 --> 00:04:40,640
requirements and adding plastic 
bag fees. 

75
00:04:41,040 --> 00:04:46,760
And so this 2018 time period was
really important for shaping the

76
00:04:46,760 --> 00:04:51,400
way the next seven years have 
gone with plastics and the focus

77
00:04:51,400 --> 00:04:53,720
of plastics and everyone trying 
to figure out what to do. 

78
00:04:54,520 --> 00:04:58,000
Yeah, it has been a an 
evolution, so to speak, of 

79
00:04:58,000 --> 00:05:01,160
watching the industry figure out
how to handle this. 

80
00:05:01,240 --> 00:05:04,640
You mentioned the the China 
sword type act where they were 

81
00:05:04,640 --> 00:05:07,480
not accepting any plastic from 
anywhere, any country they 

82
00:05:07,480 --> 00:05:09,960
really put a bond on. 
A lot of companies are in the 

83
00:05:09,960 --> 00:05:12,800
countries in general. 
There was a period of time where

84
00:05:13,480 --> 00:05:16,240
you could recycle plastic and 
you were getting some money for 

85
00:05:16,240 --> 00:05:17,480
it. 
And then all of a sudden, nobody

86
00:05:17,480 --> 00:05:20,560
could recycle any plastic 
because no one was buying it. 

87
00:05:20,560 --> 00:05:24,800
And that was a big, a big change
in the industry, as I recall. 

88
00:05:24,920 --> 00:05:27,160
Yeah. 
So now, extended producer 

89
00:05:27,400 --> 00:05:30,560
responsibility. 
It's really not a new thing, 

90
00:05:30,560 --> 00:05:32,960
though, is it? 
When you link, look back and I 

91
00:05:32,960 --> 00:05:37,000
can remember way back when I was
a young child, you want to go 

92
00:05:37,000 --> 00:05:40,040
buy Coke bottles of Coke or 
Pepsi or whatever, and you put 

93
00:05:40,040 --> 00:05:43,680
down a deposit for some of those
bottles so you could get that 

94
00:05:43,680 --> 00:05:46,240
back 'cause they wanted those 
bottles to recycle and reuse. 

95
00:05:46,640 --> 00:05:49,560
And it's the same type of 
concept here to the extent to 

96
00:05:49,560 --> 00:05:53,320
where consumers are going to pay
a little extra because there's 

97
00:05:53,320 --> 00:05:56,200
going to be this extended 
responsibility of the 

98
00:05:56,200 --> 00:05:59,240
manufacturer to take back those 
products and do something with 

99
00:05:59,240 --> 00:06:00,320
it. 
Maybe you can. 

100
00:06:00,320 --> 00:06:03,400
Let's talk a little bit about 
how are companies preparing to 

101
00:06:03,400 --> 00:06:07,160
comply with EPR regulations 
across different regions in the 

102
00:06:07,160 --> 00:06:09,880
industry. 
We just talked about a few, but 

103
00:06:09,880 --> 00:06:12,400
plastics might be one that we 
might be more familiar with. 

104
00:06:12,480 --> 00:06:15,720
And how is that looking and 
shaping up right now for us as 

105
00:06:15,720 --> 00:06:20,720
consumers? 
Let's just say we started our 

106
00:06:20,720 --> 00:06:24,040
conversation before we were 
recording about using the word 

107
00:06:24,040 --> 00:06:27,000
adventure. 
IA lot of companies are are 

108
00:06:27,000 --> 00:06:29,840
sitting down and trying to 
strategize what they're going to

109
00:06:29,840 --> 00:06:32,960
do. 
This overlaps across multiple 

110
00:06:33,000 --> 00:06:35,800
avenues within a company's 
operations. 

111
00:06:36,200 --> 00:06:40,080
We've been assisting smaller 
companies as well as some of the

112
00:06:40,080 --> 00:06:43,560
largest brands in the world with
this. 

113
00:06:43,560 --> 00:06:46,920
And every single company has a 
different set of resources and a

114
00:06:46,920 --> 00:06:51,400
different set of structures with
a company that really guide the 

115
00:06:51,400 --> 00:06:54,680
way they're able to focus and 
pay attention to this. 

116
00:06:55,000 --> 00:06:59,160
But almost in every instance 
we're talking to the individual 

117
00:06:59,160 --> 00:07:03,440
that's managing, I'll say 
operations and or 

118
00:07:03,440 --> 00:07:06,120
sustainability. 
Sometimes those are two distinct

119
00:07:06,120 --> 00:07:10,920
people, COO and sometimes 
they're the chief sustainability

120
00:07:10,920 --> 00:07:13,600
officer. 
We're generally also meeting 

121
00:07:13,600 --> 00:07:17,520
with the legal department and 
frequently we're interacting 

122
00:07:17,520 --> 00:07:22,560
with folks within the ESG 
setting at the same time and 

123
00:07:22,560 --> 00:07:26,400
packaging engineers. 
We're also speaking with people 

124
00:07:26,400 --> 00:07:29,080
within the revenue divisions of 
companies. 

125
00:07:29,320 --> 00:07:33,640
So sometimes the CFO, sometimes 
it's their sales department, but

126
00:07:33,640 --> 00:07:37,320
every single one of those 
individuals or roles becomes a 

127
00:07:37,320 --> 00:07:42,840
critical player and figuring out
how is a company going to assess

128
00:07:42,840 --> 00:07:46,960
their packaging use for 
reporting obligations that 

129
00:07:46,960 --> 00:07:50,560
happen to be distinct in the 
several states in which these 

130
00:07:50,560 --> 00:07:53,840
laws have been enacted. 
As well as you mentioned, this 

131
00:07:53,840 --> 00:07:55,480
has been happening in other 
places. 

132
00:07:55,480 --> 00:08:00,160
So there are global EPR 
requirements in Canada, for 

133
00:08:00,160 --> 00:08:02,760
example, is we're working with a
lot of companies that are 

134
00:08:02,760 --> 00:08:05,360
selling their products into 
Canada and have obligations 

135
00:08:05,360 --> 00:08:08,800
there across the globe. 
Yeah, that's going to be a 

136
00:08:08,800 --> 00:08:12,760
pretty complex situation for a 
global company that has products

137
00:08:12,760 --> 00:08:14,840
that go everywhere. 
And at this day and age, any 

138
00:08:14,840 --> 00:08:17,400
company could technically be 
global if they got a product 

139
00:08:17,400 --> 00:08:19,880
that they can sell and ship. 
It sounds like this is going to 

140
00:08:19,880 --> 00:08:23,600
be a consideration for a lot of 
firms to to evaluate when 

141
00:08:23,600 --> 00:08:27,600
they're making decisions on 
packaging their products, how 

142
00:08:27,600 --> 00:08:30,880
they create I guess the return 
loop so to speak of that 

143
00:08:30,880 --> 00:08:32,760
product. 
And maybe you can talk about 

144
00:08:32,760 --> 00:08:35,400
what that looks like for some of
the discussions you've been 

145
00:08:35,400 --> 00:08:37,760
having with companies. 
What has been the biggest 

146
00:08:37,760 --> 00:08:41,760
challenge in from an operational
perspective and maybe a 

147
00:08:41,760 --> 00:08:44,800
financial perspective of where 
companies implementing EPR 

148
00:08:44,800 --> 00:08:48,280
programs? 
I'll start with the supply chain

149
00:08:49,080 --> 00:08:50,800
again. 
Every company is a different 

150
00:08:50,800 --> 00:08:53,360
size and a different scale and 
different scope, but we're 

151
00:08:53,360 --> 00:08:58,760
always coming back to where is 
this packaging material being 

152
00:08:58,760 --> 00:09:01,360
manufactured? 
Is it in the US? 

153
00:09:01,360 --> 00:09:04,720
Is it abroad? 
Is there a contract with the 

154
00:09:04,880 --> 00:09:09,680
manufacturer in which the brand 
remains responsible for the 

155
00:09:09,680 --> 00:09:13,040
packaging liability? 
Does the manufacturer take on 

156
00:09:13,040 --> 00:09:16,400
any of that liability once? 
Is it imported? 

157
00:09:16,760 --> 00:09:20,040
Who is the importer of record? 
Who's the distributor of record?

158
00:09:20,440 --> 00:09:22,480
And all of those questions 
matter. 

159
00:09:22,480 --> 00:09:26,920
Is anyone licensing the brand? 
In some instances it's possible 

160
00:09:26,920 --> 00:09:30,040
that the licensee could be the 
company required to report. 

161
00:09:30,680 --> 00:09:33,080
A lot of the brands that we are 
working with are taking this 

162
00:09:33,080 --> 00:09:37,760
very seriously, understanding 
that this generally falls on 

163
00:09:37,760 --> 00:09:42,000
their lap to understand or 
distributors whether online 

164
00:09:42,000 --> 00:09:46,800
retail or in person retail 
distribution. 

165
00:09:47,200 --> 00:09:50,600
Those companies are assisting by
providing the data that they 

166
00:09:50,600 --> 00:09:53,200
have. 
But a lot of it is really trying

167
00:09:53,200 --> 00:09:56,360
to understand exactly where all 
the packaging is going, which 

168
00:09:56,360 --> 00:10:01,400
states is it even going into and
how do we make sure that the 

169
00:10:01,400 --> 00:10:03,360
party that has the 
responsibility under the 

170
00:10:03,360 --> 00:10:07,680
specific state law is indeed 
registering for these programs 

171
00:10:07,680 --> 00:10:09,480
and reporting under these 
programs. 

172
00:10:10,120 --> 00:10:12,840
The complexities continue on, 
but I would say that's one of 

173
00:10:12,840 --> 00:10:14,960
the very first. 
Questions. 

174
00:10:15,440 --> 00:10:16,760
Yeah, great. 
Thinking about it from a 

175
00:10:16,760 --> 00:10:19,520
strategic perspective, you 
mentioned a few scenarios there,

176
00:10:19,520 --> 00:10:23,000
but I'd imagine if you're a 
manufacturer, if you could write

177
00:10:23,000 --> 00:10:27,080
into your contracts for some of 
these packaging companies that 

178
00:10:27,080 --> 00:10:29,360
they're that you're buying the 
material from that they're going

179
00:10:29,360 --> 00:10:31,560
to be responsible. 
That's probably one way to kind 

180
00:10:31,560 --> 00:10:34,520
of offset or get around some of 
this type of responsibility. 

181
00:10:34,520 --> 00:10:37,960
Is that correct? 
So that's a really great point 

182
00:10:38,040 --> 00:10:40,560
and why I was saying that's just
the beginning, right, Because 

183
00:10:40,560 --> 00:10:44,520
then OK, so what's next now 
we're looking at the contracts 

184
00:10:44,720 --> 00:10:47,360
now we're looking at the 
licensing agreements now. 

185
00:10:48,240 --> 00:10:51,480
And so it just continues in that
you are chasing your supply 

186
00:10:51,480 --> 00:10:55,560
chain to understand it while 
also shirring up for future 

187
00:10:55,560 --> 00:10:59,960
years and future contracts. 
A lot of the agreements in the 

188
00:10:59,960 --> 00:11:04,920
packaging world are annual and 
for also then thinking about 

189
00:11:04,920 --> 00:11:09,880
strategic messaging for partners
within your supply chain and 

190
00:11:09,880 --> 00:11:11,720
all. 
And these companies, many of 

191
00:11:11,720 --> 00:11:14,920
their these relationships are 
critical. 

192
00:11:16,000 --> 00:11:21,640
It's not in anyone's interest 
for these conversations to be 

193
00:11:21,640 --> 00:11:26,120
adverse. 
So we're also seeing business 

194
00:11:26,120 --> 00:11:30,440
wide decisions and business wide
conversations where companies 

195
00:11:30,440 --> 00:11:34,400
are sitting down and at the 
table together to determine how 

196
00:11:34,400 --> 00:11:38,520
do we best do this as partners? 
Why do we do this as partners? 

197
00:11:38,520 --> 00:11:41,520
Because people don't like to 
talk to me that frequently. 

198
00:11:43,560 --> 00:11:44,800
Oh, I don't know. 
Why not? 

199
00:11:44,800 --> 00:11:49,800
Come on. 
Hey, so you're in the weeds, so 

200
00:11:49,800 --> 00:11:52,960
to speak with a lot of companies
now trying to navigate these 

201
00:11:52,960 --> 00:11:55,400
requirements and and advising 
them, which is great. 

202
00:11:55,400 --> 00:11:59,080
But how is EPR influencing 
product and the package design 

203
00:11:59,080 --> 00:12:02,160
decisions within the industry, 
within the electronics, consumer

204
00:12:02,160 --> 00:12:07,920
goods, automotive and there's a 
lot there in this area and comes

205
00:12:07,920 --> 00:12:11,120
to mind is like how can 
companies be more thoughtful 

206
00:12:11,120 --> 00:12:16,160
about creating more of a 
circular economy related product

207
00:12:16,160 --> 00:12:19,120
that you know is going to be 
used for packaging that's easily

208
00:12:19,520 --> 00:12:22,360
recycled? 
It's not complicated, simple. 

209
00:12:22,680 --> 00:12:25,640
What are you seeing in that 
space where companies are really

210
00:12:25,640 --> 00:12:27,680
investing in a little more 
thought in that? 

211
00:12:29,320 --> 00:12:36,680
Before these EPR laws started 
taking US operations by storm, 

212
00:12:37,200 --> 00:12:42,880
we saw so many companies being 
caught leaders around how they 

213
00:12:42,880 --> 00:12:47,080
could impact sustainability 
generally. 

214
00:12:47,080 --> 00:12:52,840
I want to preface with EPR being
a, let's say, a tool in the 

215
00:12:52,840 --> 00:12:56,600
toolbox of moving towards the 
circular economy. 

216
00:12:57,160 --> 00:13:02,720
But there are so many other 
areas of law regulation and also

217
00:13:02,720 --> 00:13:07,720
just consumer management and 
consumer relationship and trust 

218
00:13:07,720 --> 00:13:10,800
and reputation building that are
critical right now. 

219
00:13:10,800 --> 00:13:15,480
There's also greenwashing risks 
in terms of like how we're how 

220
00:13:15,480 --> 00:13:18,240
companies are communicating what
they're doing to their their 

221
00:13:18,240 --> 00:13:23,760
customers. 
So again, I start there because 

222
00:13:23,800 --> 00:13:28,720
EPR is just a piece of the 
puzzle and brands are many 

223
00:13:28,720 --> 00:13:31,920
brands are stepping into 
leadership roles right now and 

224
00:13:31,920 --> 00:13:36,240
evaluating that exact question. 
Some of them are designing new 

225
00:13:36,240 --> 00:13:40,480
packaging for their products and
you can see what when you're out

226
00:13:40,480 --> 00:13:42,920
of the store. 
There's some, I recently saw a 

227
00:13:43,560 --> 00:13:47,200
very well known brand that 
indicated on their bottle that 

228
00:13:47,600 --> 00:13:51,640
they had reduced the amount of 
packaging from the last bottle 

229
00:13:51,640 --> 00:13:55,160
that you had seen them using by 
a certain percentage. 

230
00:13:55,600 --> 00:13:59,200
And companies are proud of this.
They're proud of the way they're

231
00:14:00,160 --> 00:14:03,360
changing their materials 
management. 

232
00:14:04,160 --> 00:14:08,200
They're, they're looking at 
their climate reporting 

233
00:14:08,200 --> 00:14:13,240
requirements and saying, OK, in 
addition to reducing the amount 

234
00:14:13,240 --> 00:14:17,040
of materials we're using for 
this packaging, can we transport

235
00:14:17,040 --> 00:14:19,280
it in a different way? 
There's studies out there that 

236
00:14:19,280 --> 00:14:23,680
show or that if you reduce the 
weight of packaging, it reduces 

237
00:14:23,680 --> 00:14:27,200
the amount of GSG emissions. 
So all of these things are 

238
00:14:27,200 --> 00:14:31,240
interconnected and companies are
building out sustainability 

239
00:14:31,240 --> 00:14:35,000
committees that are thinking 
really critically about all of 

240
00:14:35,000 --> 00:14:37,960
these moving pieces. 
Then there's, of course, the, 

241
00:14:37,960 --> 00:14:41,000
like you'd mentioned, the milk 
bottles, Coke bottles. 

242
00:14:41,000 --> 00:14:45,680
We're also seeing the resurgence
of bottle bills. 

243
00:14:45,920 --> 00:14:50,000
And in some states, if a company
is participating in a bottle 

244
00:14:50,000 --> 00:14:53,360
bill, then they're exempt from 
EPR because why would you have 

245
00:14:53,360 --> 00:14:57,520
to pay into something if those 
bottles are being returned? 

246
00:14:57,520 --> 00:15:02,360
And actually the California EPR 
law related to textiles that'll 

247
00:15:02,360 --> 00:15:05,920
be coming into effect, I think 
it's in 2026, actually 

248
00:15:05,920 --> 00:15:10,360
contemplates full circular 
economy such that our clothes 

249
00:15:10,360 --> 00:15:14,000
are going back, they're going 
back into the system, nothing 

250
00:15:14,000 --> 00:15:15,320
goes into landfill. 
Yeah. 

251
00:15:15,320 --> 00:15:20,720
When I think about EPR, the 
challenge that it seems to be 

252
00:15:21,120 --> 00:15:26,240
most companies would struggle 
with is how do you validate that

253
00:15:26,240 --> 00:15:30,160
you're actually getting a 
significant percentage of EPR 

254
00:15:30,600 --> 00:15:34,160
return, you know, taking place, 
Especially if you say you get a 

255
00:15:34,160 --> 00:15:36,640
lot of small products, a lot of 
small packages. 

256
00:15:36,960 --> 00:15:40,440
In my mind, I go it's ATV or 
it's a washer and dryer. 

257
00:15:40,480 --> 00:15:43,040
You're going to be able to track
that one a little easier I would

258
00:15:43,040 --> 00:15:45,480
imagine, 'cause they're big 
products, but little things. 

259
00:15:45,600 --> 00:15:51,280
How is the data collection side 
of this for reporting actually 

260
00:15:51,280 --> 00:15:54,360
going to get done in a way that 
companies could actually with a 

261
00:15:54,360 --> 00:15:59,960
straight face say we did 60% EPR
return on our products this 

262
00:16:00,000 --> 00:16:02,280
year? 
Like how does that even happen? 

263
00:16:03,200 --> 00:16:05,760
I'll tell you this, I'm working 
with some pretty brilliant 

264
00:16:05,760 --> 00:16:10,440
people that have complex 
calculations and they're 

265
00:16:10,560 --> 00:16:14,040
weighing their materials and 
they're tracking it line by 

266
00:16:14,040 --> 00:16:18,520
line. 
And once there is data, it can 

267
00:16:18,520 --> 00:16:20,000
be analyzed. 
I'll say that. 

268
00:16:20,840 --> 00:16:25,840
But if the product doesn't come 
back to their own say facility, 

269
00:16:27,240 --> 00:16:31,280
we talk about say this whole, 
you've got individual EPR 

270
00:16:31,280 --> 00:16:34,080
company, company where they 
would set up the whole return 

271
00:16:34,080 --> 00:16:36,040
cycle process. 
And then you got this collective

272
00:16:36,040 --> 00:16:39,480
type approach too, right, where 
couple companies bind together 

273
00:16:39,480 --> 00:16:41,760
and they create this type of 
return process. 

274
00:16:42,240 --> 00:16:45,320
Have you started to work with 
companies that are looking into 

275
00:16:45,320 --> 00:16:48,400
that direction and doing a more 
of a partnership or they're 

276
00:16:48,400 --> 00:16:53,680
creating a group or a team 
effort here to create a return 

277
00:16:53,680 --> 00:16:56,720
process so that the data can be 
tracked, they can validate what 

278
00:16:56,720 --> 00:16:59,400
happens? 
I'm just curious because I think

279
00:16:59,400 --> 00:17:01,920
this is the one of the biggest 
obstacles, the struggle for 

280
00:17:01,920 --> 00:17:07,800
companies with this. 
There are multiple different EPR

281
00:17:08,000 --> 00:17:17,000
regimes and the packaging regime
does not currently focus on this

282
00:17:17,000 --> 00:17:18,839
return process. 
OK. 

283
00:17:20,040 --> 00:17:25,520
The packaging side is really 
focused on these one time 

284
00:17:26,480 --> 00:17:32,440
materials are adding a 
protective layer to a box that 

285
00:17:32,480 --> 00:17:34,520
was a plastic film that gets 
thrown out. 

286
00:17:34,520 --> 00:17:37,960
Or I'm sure you buy something 
for a friend and they open the 

287
00:17:37,960 --> 00:17:43,000
box and there's some sort of 
cream in there and then there's 

288
00:17:43,000 --> 00:17:46,360
some little pretty paper and 
it's really pretty and you're 

289
00:17:46,360 --> 00:17:48,800
like, oh, and you take out the 
little papers, but there's 

290
00:17:48,800 --> 00:17:50,680
nothing really you can do with 
that paper again. 

291
00:17:51,280 --> 00:17:55,880
So a lot of these packaging 
related APR laws are designed to

292
00:17:56,480 --> 00:18:02,600
assess how our recycling 
infrastructure and landfill 

293
00:18:02,600 --> 00:18:10,640
infrastructure is designed and 
to be able to figure out ways to

294
00:18:10,640 --> 00:18:13,800
recycle or manage those 
materials better, noting that 

295
00:18:13,800 --> 00:18:17,560
they're one time likely or 
building up recycling 

296
00:18:17,560 --> 00:18:20,720
infrastructure. 
So back to the core of why these

297
00:18:20,720 --> 00:18:24,000
laws are here, at least the 
packaging related ones. 

298
00:18:24,000 --> 00:18:28,920
We could talk about other CPR 
concepts because this goes ways 

299
00:18:28,920 --> 00:18:32,040
bigger than that into creating 
the circular economy you're 

300
00:18:32,040 --> 00:18:38,320
talking about with respect to 
packaging behind all state laws.

301
00:18:38,320 --> 00:18:41,920
If you get to the core of them, 
they're trying to assess what 

302
00:18:41,920 --> 00:18:46,200
are the needs for our 
infrastructure to improve, to be

303
00:18:46,200 --> 00:18:49,160
able to recycle and to keep 
things going back in into the 

304
00:18:49,160 --> 00:18:51,600
system. 
And so these fees that are 

305
00:18:51,600 --> 00:18:58,320
getting assessed are basically 
designed to, I should say, they 

306
00:18:58,320 --> 00:19:03,480
are supposed to be signed to 
understand what a specific state

307
00:19:03,480 --> 00:19:06,760
needs to address that particular
material. 

308
00:19:07,280 --> 00:19:12,440
And at its core, if we think 
about it in really simple terms,

309
00:19:12,840 --> 00:19:15,480
you know it, I'm just using a 
random material. 

310
00:19:15,920 --> 00:19:21,960
If it's determined that 80% of 
the state's recycling facilities

311
00:19:22,320 --> 00:19:29,680
can't handle this particular 
type of material, then the goal 

312
00:19:29,680 --> 00:19:35,160
would be that these fees are 
designed to collect more money 

313
00:19:35,160 --> 00:19:40,040
for those types of materials. 
So then that money can then go 

314
00:19:40,120 --> 00:19:44,040
into the state and into the 
local municipalities to build 

315
00:19:44,040 --> 00:19:49,040
their capacity to handle it. 
And that's really where these 

316
00:19:49,040 --> 00:19:53,440
fees are designed to go. 
There's a lot of there's a lot 

317
00:19:53,440 --> 00:19:55,320
of questions about what will 
happen once the skis are 

318
00:19:55,320 --> 00:19:58,600
collected and if it'll really 
work, but that's at the floor of

319
00:19:58,600 --> 00:20:01,360
the packaging related APR. 
And that that kind of makes 

320
00:20:01,360 --> 00:20:05,200
sense because to to kind of 
really manage the whole life 

321
00:20:05,200 --> 00:20:09,480
cycle of a small package that 
would be just too onerous. 

322
00:20:09,480 --> 00:20:12,640
I could imagine. 
I like the concept of creating 

323
00:20:12,640 --> 00:20:17,040
the packaging to be more 
sustainably I guess more 

324
00:20:17,040 --> 00:20:20,560
recyclable essentially and less 
make it strip the thing down to 

325
00:20:20,560 --> 00:20:23,440
its bare bones. 
So it's simple, it's easy. 

326
00:20:23,440 --> 00:20:26,880
It's it's going to have AI. 
Guess it's the best way to 

327
00:20:26,880 --> 00:20:30,560
recycle the product when when it
does get recycled, help 

328
00:20:30,560 --> 00:20:33,120
companies get there because 
yeah, we don't need a lot of 

329
00:20:33,160 --> 00:20:35,560
single use plastics floating 
around just because you keep 

330
00:20:35,600 --> 00:20:39,880
adding more wrappers or extra 
material to a product. 

331
00:20:40,000 --> 00:20:43,760
It's a significant challenge for
companies because they'll create

332
00:20:43,760 --> 00:20:48,040
products and they'll create 
packaging that is technically 

333
00:20:48,360 --> 00:20:51,440
recyclable. 
But then if the state doesn't 

334
00:20:51,440 --> 00:20:55,000
have the appropriate 
infrastructure, there have been 

335
00:20:55,080 --> 00:20:58,960
lawsuits where if somebody says 
my material is recyclable, but 

336
00:20:58,960 --> 00:21:02,760
then it's a link, there's a 
state that actually can't 

337
00:21:02,760 --> 00:21:04,640
recycle it. 
Then they should get an 

338
00:21:04,640 --> 00:21:06,680
exemption. 
Instead, they're getting sued 

339
00:21:06,680 --> 00:21:09,600
for making the claim that their 
material is recyclable. 

340
00:21:09,680 --> 00:21:13,360
It can't actually be recycled. 
So there's a there's a lot of 

341
00:21:13,360 --> 00:21:17,520
moving pieces and why that's why
it also really matters for 

342
00:21:17,520 --> 00:21:18,680
companies. 
Even though it can be 

343
00:21:18,680 --> 00:21:24,120
frustrating upfront, I think to 
have these new fees, I think the

344
00:21:24,120 --> 00:21:29,240
vision is ultimately that it 
creates a system that will be 

345
00:21:30,160 --> 00:21:32,840
that will minimize those 
greenwashing risks, will 

346
00:21:32,840 --> 00:21:37,240
increase the recyclability. 
But we've got a gap to fill, and

347
00:21:37,240 --> 00:21:42,280
states are using EPR as one of 
their tools to try to close that

348
00:21:42,360 --> 00:21:44,960
gap. 
There's a lot of questions about

349
00:21:44,960 --> 00:21:46,920
whether or not it's the right 
solution. 

350
00:21:47,960 --> 00:21:52,160
Yeah, I think some of the easier
ones you could think of for EPR 

351
00:21:52,160 --> 00:21:57,680
would be like say tires, you buy
tires, you go get a new tire and

352
00:21:57,680 --> 00:22:00,960
that tire goes to back to the 
manufacturer's system. 

353
00:22:00,960 --> 00:22:05,320
That'd be a pretty, I think it's
simpler, more an easier way to 

354
00:22:05,320 --> 00:22:09,040
to have a closed loop type EPR. 
But I'm sure there's other 

355
00:22:09,040 --> 00:22:12,040
products but. 
Hello ET Nation, I want to thank

356
00:22:12,040 --> 00:22:13,560
you for listening to the 
podcast. 

357
00:22:13,560 --> 00:22:15,520
If you're enjoying the 
interviews we bring you, 

358
00:22:15,800 --> 00:22:18,840
consider supporting the program 
by visiting my website at 

359
00:22:18,840 --> 00:22:21,800
seankgrady.com and buy me a cup 
of coffee. 

360
00:22:21,840 --> 00:22:24,640
Proceeds will go towards helping
me continue producing timely 

361
00:22:24,640 --> 00:22:27,360
content, content and offset 
production costs. 

362
00:22:28,320 --> 00:22:30,600
I'd also like to take a moment 
and recognize a few of our 

363
00:22:30,600 --> 00:22:34,280
sponsors of the show who have 
been amazing partners and our ET

364
00:22:34,280 --> 00:22:37,120
Nation legends. 
If you're looking for a drilling

365
00:22:37,120 --> 00:22:40,000
and environmental contracting 
firm to help you delineate the 

366
00:22:40,000 --> 00:22:43,480
extent of contamination at your 
site, then look no further than 

367
00:22:43,480 --> 00:22:47,520
Cascade Environmental. 
Cascade has over 37 offices 

368
00:22:47,520 --> 00:22:50,840
across the country and offers a 
huge range of environmental and 

369
00:22:50,840 --> 00:22:53,720
geotechnical drilling, site 
characterization, and 

370
00:22:53,720 --> 00:22:56,680
remediation services. 
With their huge fleet of 

371
00:22:56,680 --> 00:23:00,960
equipment nationwide coverage, 
Cascade is a great choice to 

372
00:23:00,960 --> 00:23:03,640
support your environmental and 
infrastructure needs. 

373
00:23:04,080 --> 00:23:06,080
To learn more, check out their 
website right at 

374
00:23:06,080 --> 00:23:11,440
cascade-env.com. 
That's cascade-env.com. 

375
00:23:11,640 --> 00:23:14,120
Hey, are you looking for an 
equipment rental company to help

376
00:23:14,120 --> 00:23:17,640
you with your next wastewater 
remediation or waste management 

377
00:23:17,640 --> 00:23:20,600
project? 
E Tank is the only environmental

378
00:23:20,600 --> 00:23:24,360
equipment rental company in the 
industry that offers 100% 

379
00:23:24,360 --> 00:23:28,160
guaranteed certified clean 
temporary liquid storage tanks 

380
00:23:28,400 --> 00:23:32,360
at no additional cost. 
This protocol gives Peace of 

381
00:23:32,360 --> 00:23:35,800
Mind for the previous customer 
by limiting their downstream 

382
00:23:35,800 --> 00:23:39,600
liability as well as the future 
customer by preventing any cross

383
00:23:39,600 --> 00:23:42,640
contamination for all of their 
rental tanks. 

384
00:23:43,240 --> 00:23:47,680
E Tank also runs a one-of-a-kind
complete maintenance program for

385
00:23:47,680 --> 00:23:50,600
all rental items including 
liquid tight roll off 

386
00:23:50,600 --> 00:23:55,440
containers, fluid transfer pumps
and filtration items. 

387
00:23:55,880 --> 00:23:58,560
The next time you are presented 
with an environmental challenge,

388
00:23:58,560 --> 00:24:02,080
call E Tank to come up with the 
solution for your problem. 

389
00:24:02,920 --> 00:24:05,360
I want to thank one of our 
sponsors, Waste Link. 

390
00:24:05,480 --> 00:24:09,160
Waste Link is the all in one 
software platform transforming 

391
00:24:09,160 --> 00:24:11,920
how environmental professionals 
manage waste, connecting 

392
00:24:11,920 --> 00:24:15,880
generators, service providers, 
and disposal facilities in a way

393
00:24:15,880 --> 00:24:19,080
that is simple, connected, and 
transparent. 

394
00:24:19,760 --> 00:24:23,040
Their platform helps streamline 
everything from waste profiling 

395
00:24:23,040 --> 00:24:27,080
and routing to inventory 
management and billing, giving 

396
00:24:27,080 --> 00:24:30,000
you the tools you need to 
operate more efficiently and 

397
00:24:30,000 --> 00:24:32,600
reduce cost. 
Whether you're a generator 

398
00:24:32,600 --> 00:24:36,840
looking for better options or a 
service provider seeking greater

399
00:24:36,840 --> 00:24:39,280
efficiency, Wastelink has you 
covered. 

400
00:24:39,680 --> 00:24:42,280
If you're ready to take control 
of your waste management 

401
00:24:42,280 --> 00:24:46,800
processes and optimize your 
business, visit wastelink.com to

402
00:24:46,800 --> 00:24:50,360
schedule a demo today. 
I like the packaging scenario. 

403
00:24:50,360 --> 00:24:51,680
I'm sure there's some challenges
there. 

404
00:24:51,680 --> 00:24:55,520
And I could imagine for the 
company who makes a product and 

405
00:24:55,520 --> 00:24:59,200
it's recyclable in say New York.
And then over there in New 

406
00:24:59,200 --> 00:25:01,560
Jersey, it's not because they 
don't have the infrastructure 

407
00:25:01,560 --> 00:25:02,640
over there, but that's pretty 
close. 

408
00:25:02,640 --> 00:25:03,920
They could ship it to New York 
pretty close. 

409
00:25:03,960 --> 00:25:06,440
But anyways, if they make the 
one package and then it's 

410
00:25:06,440 --> 00:25:08,360
doesn't meet every state's 
requirements. 

411
00:25:08,360 --> 00:25:11,560
So that that does sound like a 
pretty challenging prospect. 

412
00:25:12,400 --> 00:25:16,760
And I, I love that we're talking
about more than packaging 

413
00:25:17,120 --> 00:25:22,640
because there have been higher 
EPR laws, OK? 

414
00:25:22,840 --> 00:25:26,200
Connecticut passed one in 2023. 
Yeah. 

415
00:25:27,000 --> 00:25:31,840
New York State introduced a bill
mandating tire collection. 

416
00:25:32,080 --> 00:25:36,200
And so there's beyond packaging 
many other industries, there's 

417
00:25:36,200 --> 00:25:38,760
long standing battery EPR. 
Oh yeah. 

418
00:25:39,960 --> 00:25:42,120
It's out there. 
There's a lot going on in the 

419
00:25:42,120 --> 00:25:44,360
space. 
What's your thoughts here? 

420
00:25:44,360 --> 00:25:48,240
How might EPR regulations for 
innovation and material science,

421
00:25:48,240 --> 00:25:50,960
recycling technologies and 
sustainable product development?

422
00:25:50,960 --> 00:25:54,200
And it seems to me this whole 
EPR initiative really going to 

423
00:25:55,120 --> 00:25:58,840
initiate the advancement of all 
these new circular economy 

424
00:25:58,840 --> 00:26:00,760
technologies and things. 
I would think it just. 

425
00:26:01,760 --> 00:26:03,720
Oh, and absolutely, it's already
happening. 

426
00:26:03,920 --> 00:26:09,360
There's like in tandem of the 
with these laws are multiple 

427
00:26:09,400 --> 00:26:12,960
packaging engineers and 
scientists that are working 

428
00:26:12,960 --> 00:26:18,880
their tail off to figure out how
they can make internal changes 

429
00:26:18,880 --> 00:26:22,720
outside of the law to make their
products have less of an impact 

430
00:26:22,720 --> 00:26:25,480
on the environment. 
So really, I think consumers 

431
00:26:25,480 --> 00:26:30,000
have shown companies that this 
is a priority to them and 

432
00:26:30,680 --> 00:26:33,240
companies respond to laws, but 
they really do respond to their 

433
00:26:33,240 --> 00:26:34,560
consumers. 
All right. 

434
00:26:34,560 --> 00:26:37,160
So there's amazing steps being 
taken. 

435
00:26:37,440 --> 00:26:40,240
I also think for the companies 
that don't have the 

436
00:26:40,240 --> 00:26:43,320
infrastructure, like the larger 
sustainability teams, the 

437
00:26:43,440 --> 00:26:49,560
packaging engineers, they're, I 
believe, more likely to be 

438
00:26:49,640 --> 00:26:53,440
financially impacted by this 
because they're just smaller in 

439
00:26:53,440 --> 00:26:55,160
general. 
And this is a whole new 

440
00:26:55,400 --> 00:27:00,200
compliance requirements on them 
that they likely didn't plan 

441
00:27:00,200 --> 00:27:06,080
for, which I think could trigger
them to say, all right, rather 

442
00:27:06,080 --> 00:27:11,000
than deal with this, let's just 
change our packaging that we 

443
00:27:11,160 --> 00:27:14,160
have. 
We don't have the overhead to 

444
00:27:14,160 --> 00:27:16,720
even make a room for the annual 
fees for. 

445
00:27:16,720 --> 00:27:20,240
We've got to figure this out. 
I So, yeah, there are some 

446
00:27:20,240 --> 00:27:25,920
exemptions for certain 
businesses, but in some 

447
00:27:25,920 --> 00:27:29,120
instances you're like, OK, does 
that what happens if all 50 

448
00:27:29,120 --> 00:27:33,640
states have one of these laws 
and this is how much money 

449
00:27:33,640 --> 00:27:36,120
they're charging? 
But we haven't seen that just 

450
00:27:36,120 --> 00:27:39,840
yet. 
But it's there's a lot of talk 

451
00:27:39,840 --> 00:27:45,200
about whether this is one of 
those moments where a federal 

452
00:27:45,200 --> 00:27:49,000
solution is the right approach. 
Yeah, I was just going to go 

453
00:27:49,000 --> 00:27:51,280
there. 
I was like, OK, do we have 

454
00:27:51,280 --> 00:27:56,840
federal DPR laws across all 50 
states that have to be adhered 

455
00:27:56,840 --> 00:28:01,120
to or is it really a state by 
state approach right now? 

456
00:28:01,640 --> 00:28:05,200
And man, that's a whole 
interesting prospect in the 

457
00:28:05,200 --> 00:28:07,360
census, all the environmental 
regulations that we're already 

458
00:28:07,360 --> 00:28:10,200
dealing with that you've got 
federal and then you got to 

459
00:28:10,200 --> 00:28:12,840
understand the nuances of the 
state laws associated with the 

460
00:28:12,840 --> 00:28:15,960
federal. 
And that's fine, I guess for the

461
00:28:15,960 --> 00:28:17,920
most part. 
But is that is it mostly being 

462
00:28:17,920 --> 00:28:22,160
led by state at this point? 
Yeah, absolutely. 

463
00:28:22,160 --> 00:28:27,480
Although there's been a lot of 
legislative activity related to 

464
00:28:27,480 --> 00:28:31,680
this, related to packaging, 
related to recycling, relating 

465
00:28:31,680 --> 00:28:34,720
to plastic pollution. 
At one point in time, I had a 

466
00:28:34,720 --> 00:28:38,400
list of every single legislative
activity that's gone forward in 

467
00:28:38,400 --> 00:28:41,680
the last eight years or so. 
But yeah, I think there there's 

468
00:28:41,680 --> 00:28:46,160
a law called the Break Free from
Plastic Pollution Act that I 

469
00:28:46,160 --> 00:28:50,640
believe has an EPR concept 
related to beverage containers 

470
00:28:50,640 --> 00:28:53,520
and some plastic products. 
We've in the last 

471
00:28:53,520 --> 00:28:57,880
administration, there was a 
letter that went out to, I 

472
00:28:57,880 --> 00:29:01,000
believe it was to most agencies.
But in essence the core of 

473
00:29:01,000 --> 00:29:04,880
letter was basically, hey, when 
there's federal procurement 

474
00:29:04,880 --> 00:29:07,800
involved, we don't want to use 
single use plastics. 

475
00:29:08,240 --> 00:29:11,840
There was there were some Senate
hearings last March. 

476
00:29:12,120 --> 00:29:16,200
The FTC has been evaluating the 
Green Guides for multiple years.

477
00:29:16,520 --> 00:29:20,000
So I think and there have been 
multiple recycling 

478
00:29:20,000 --> 00:29:26,520
infrastructure bills, the issue 
and what makes this a very 

479
00:29:27,240 --> 00:29:32,240
interesting place to work as an 
attorney as there's so many 

480
00:29:32,240 --> 00:29:35,640
cross jurisdictional issues 
between funking between 

481
00:29:35,640 --> 00:29:39,040
implementation of the actual 
infrastructure, between 

482
00:29:39,200 --> 00:29:43,040
enforcement. 
So what's the right way to do 

483
00:29:43,040 --> 00:29:45,280
this? 
I think we can step back at this

484
00:29:45,280 --> 00:29:49,400
moment in time already with 
lessons learned from the roll 

485
00:29:49,400 --> 00:29:53,800
out of Oregon's, Colorado's 
registration and reporting 

486
00:29:53,800 --> 00:29:57,520
requirements with California's 
and Minnesota's next in line to 

487
00:29:57,520 --> 00:30:01,960
see what would the benefits be 
if there was something at a 

488
00:30:01,960 --> 00:30:04,920
federal level. 
Some of the benefits to having 

489
00:30:04,920 --> 00:30:08,880
this at the state level is it's 
forcing the process or whenever 

490
00:30:08,880 --> 00:30:14,120
you have a federal law like 
this, it would take immense 

491
00:30:14,160 --> 00:30:21,240
studies, data collection, and to
get it right to really create 

492
00:30:21,240 --> 00:30:23,800
something that was equitable and
effective. 

493
00:30:24,600 --> 00:30:29,480
So I do think that at some point
in time we'll hit a tipping 

494
00:30:29,480 --> 00:30:33,720
point within the number of 
states that have enacted EPR 

495
00:30:33,720 --> 00:30:36,760
laws where they'll be more and 
more pressure at the federal 

496
00:30:36,760 --> 00:30:40,880
level for some sort of 
synthesizing to occur. 

497
00:30:41,600 --> 00:30:44,360
Will it get into the nitty 
gritty of the day-to-day? 

498
00:30:45,800 --> 00:30:47,840
I don't know. 
Will it create some minimum 

499
00:30:48,000 --> 00:30:51,360
recycling standards? 
I worked on some legislation 

500
00:30:51,640 --> 00:30:55,000
that proposed that that was 
issued last fall, that some 

501
00:30:55,000 --> 00:31:00,160
recycling standards would be 
very helpful to create, let's 

502
00:31:00,160 --> 00:31:06,200
call like the foundational web 
that then all other waste 

503
00:31:06,200 --> 00:31:10,000
management and recycling issues 
could be managed through. 

504
00:31:10,600 --> 00:31:13,040
So I don't know, We'll see if 
there's a laughing downhill. 

505
00:31:13,480 --> 00:31:18,200
I when I think about a 
nationwide approach to some of 

506
00:31:18,200 --> 00:31:22,280
this, it seems that there is 
probably some low hanging fruit 

507
00:31:22,280 --> 00:31:25,400
type products that are no 
brainers. 

508
00:31:25,400 --> 00:31:28,520
That would be like, yeah, and we
just mentioned tires. 

509
00:31:28,920 --> 00:31:32,000
Everybody has that problem in 
every single state. 

510
00:31:32,000 --> 00:31:33,960
Why wouldn't that be an easy one
to say? 

511
00:31:34,080 --> 00:31:37,120
You know what, there's one. 
How about white goods? 

512
00:31:37,440 --> 00:31:42,560
Every refrigerator, washer and 
dryer, anything like like that. 

513
00:31:42,560 --> 00:31:48,360
All some like also electronics. 
Those would be, to my mind, the 

514
00:31:48,360 --> 00:31:55,000
easiest ones to do a nationwide 
EPR where companies have to put 

515
00:31:55,000 --> 00:31:58,840
together some more sophisticated
infrastructure. 

516
00:31:59,160 --> 00:32:01,280
Not that it's not already there 
because there's a lot going on 

517
00:32:01,280 --> 00:32:03,120
in the space, but there needs to
be more, right? 

518
00:32:03,120 --> 00:32:07,560
It'd be it'd be more collection 
systems and locations, but to me

519
00:32:07,560 --> 00:32:11,600
that would be easy from a 
nationwide perspective. 

520
00:32:11,920 --> 00:32:14,440
The rest of the packaging I 
think would be a little more 

521
00:32:14,840 --> 00:32:19,160
probably state by state, but 
those would be a big ones. 

522
00:32:20,040 --> 00:32:23,520
I don't know how many states 
already have tire EPR laws have 

523
00:32:23,520 --> 00:32:29,480
come ahead, but I'm pretty sure 
that there are already OK. 

524
00:32:29,480 --> 00:32:32,720
If I were to pick up material to
start with, it would be 

525
00:32:32,840 --> 00:32:38,400
electronics because I'm aware of
at least 25 states that have 

526
00:32:38,440 --> 00:32:42,440
electronic, you know, CPR 
related laws. 

527
00:32:42,760 --> 00:32:46,200
So there's already 
infrastructure companies are 

528
00:32:46,200 --> 00:32:48,560
already supposed to be doing 
this. 

529
00:32:48,760 --> 00:32:54,160
So why not turn create something
that again creates the minimum 

530
00:32:54,160 --> 00:32:56,240
standards. 
And that's one of the 

531
00:32:56,240 --> 00:33:00,040
interesting things about RECRA, 
the Resource Conservation and 

532
00:33:00,040 --> 00:33:05,000
Recovery Act, which is real. 
Our current cradle to grave law 

533
00:33:05,720 --> 00:33:12,320
in 1976 states are still 
generally taking over a majority

534
00:33:12,320 --> 00:33:18,880
of the implementation of Rick 
Rickrit has been amended, I 

535
00:33:18,880 --> 00:33:22,640
think it four times. 1986, you 
got a few? 

536
00:33:22,720 --> 00:33:28,280
Yeah, there's a few there. 
Have been more regulation, more 

537
00:33:28,400 --> 00:33:31,440
revisions to the regulations, 
but. 

538
00:33:32,760 --> 00:33:35,960
I think hasn't changed that 
dramatically from its initial 

539
00:33:35,960 --> 00:33:41,240
implementation, so. 
One of my thoughts here is let's

540
00:33:41,240 --> 00:33:45,840
go a little bit bigger than EPR 
Ricro, in my opinion, needs to 

541
00:33:45,840 --> 00:33:50,560
be amended, needs to be rehauled
because again, if we want to 

542
00:33:50,560 --> 00:33:54,840
create a system that is circular
in the United States, when our 

543
00:33:54,840 --> 00:33:58,400
waste system, our waste lot, and
I don't know, in the preamble it

544
00:33:58,400 --> 00:34:01,400
says of I'm actually going to 
say what the preamble says. 

545
00:34:01,400 --> 00:34:06,920
What I will say is that in every
Ricker law class, I can say for 

546
00:34:06,920 --> 00:34:10,040
sure because I would, I got to 
take my Ricker class with 

547
00:34:10,040 --> 00:34:13,840
Jeffrey Miller who helped write 
the law at Peace Law school. 

548
00:34:13,840 --> 00:34:16,280
The first thing anyone learns 
about Ricker is that it's 

549
00:34:16,280 --> 00:34:21,040
cradle, the grief it's getting 
to end, it's completion 

550
00:34:21,120 --> 00:34:25,120
generation through disposal. 
So if we don't want that 

551
00:34:25,120 --> 00:34:29,280
disposal piece to be the main 
construct in the way we think 

552
00:34:29,280 --> 00:34:31,760
about it. 
Amend that component of the 

553
00:34:31,760 --> 00:34:32,840
record. 
I mean everything else is 

554
00:34:32,840 --> 00:34:35,960
regulatory compliance with 
hazardous waste characteristic 

555
00:34:35,960 --> 00:34:39,840
compliance of the reporting, but
make more of the emphasis on the

556
00:34:40,080 --> 00:34:43,520
the recycling infrastructure 
closed loop type scenarios. 

557
00:34:44,600 --> 00:34:48,280
That's good. 
There's extensive recycling 

558
00:34:48,960 --> 00:34:52,760
related exemptions I think are 
just the start. 

559
00:34:52,880 --> 00:34:55,880
Universal waste is great. 
You've got the whole, you've got

560
00:34:55,880 --> 00:34:58,120
everything and just not 
everything, but you have a lot 

561
00:34:58,120 --> 00:35:00,960
in the universal waste rules 
that are everyday common main 

562
00:35:00,960 --> 00:35:04,040
products that we all use, 
electronics, batteries, all 

563
00:35:04,040 --> 00:35:06,080
kinds of paints, sometimes in 
certain states. 

564
00:35:06,080 --> 00:35:08,960
There's those all kinds of 
aspects of universal waste and 

565
00:35:10,200 --> 00:35:12,920
there is infrastructure being 
built and there are major 

566
00:35:12,920 --> 00:35:15,880
companies doing it. 
Like I, I'm a very familiar with

567
00:35:15,880 --> 00:35:20,000
several lamp recycling, the 
electronic recycling, obviously 

568
00:35:20,000 --> 00:35:22,240
solvent recycling. 
There's a lot of their plastic 

569
00:35:22,280 --> 00:35:24,840
there's, it's all there 
cardboard, there's, it's, it's 

570
00:35:24,840 --> 00:35:27,840
there. 
Maybe there's got to be a better

571
00:35:27,840 --> 00:35:34,680
way of tracking how those 
manufacturers are, how much 

572
00:35:34,680 --> 00:35:37,120
they're producing and then 
somehow figuring out how much is

573
00:35:37,120 --> 00:35:39,480
going to get returned. 
I think there is that that once 

574
00:35:39,480 --> 00:35:41,920
it leaves the play their 
manufacturing site, how do they 

575
00:35:41,920 --> 00:35:45,000
track the recyclability of that 
product at some point I. 

576
00:35:45,200 --> 00:35:47,680
I think well coming back to one 
of the first things that we were

577
00:35:47,680 --> 00:35:50,880
talking about which is like the 
supply chain from the. 

578
00:35:51,800 --> 00:35:56,720
So what has made a Recra an 
effective system for a long time

579
00:35:57,080 --> 00:36:02,080
is that it in required has 
required tracking is created a 

580
00:36:02,080 --> 00:36:05,640
process that then can be 
implemented. 

581
00:36:06,280 --> 00:36:10,080
A lot of what we do is it in the
hazardous waste industry and 

582
00:36:10,080 --> 00:36:15,320
that's really one of my main 
focus areas is we're tracking 

583
00:36:15,360 --> 00:36:20,400
how it moves through trucking, 
We're tracking where it was 

584
00:36:20,400 --> 00:36:23,840
made, what facility and. 
When it was generated, how long 

585
00:36:23,840 --> 00:36:26,760
it's been on site? 
And then our circle lawsuits 

586
00:36:27,280 --> 00:36:31,360
related to landfilling end up 
looking at those hazardous waste

587
00:36:31,360 --> 00:36:34,800
manifests. 
OK, this is, these are the 

588
00:36:34,800 --> 00:36:37,400
parties that are responsible 
because they drop it off here, 

589
00:36:37,400 --> 00:36:41,120
they moved it here. 
The whole system is built for 

590
00:36:41,120 --> 00:36:47,800
the way we managed materials, 
but we haven't paused to create 

591
00:36:47,800 --> 00:36:52,280
that type of more systematic 
recycling infrastructure and 

592
00:36:52,280 --> 00:36:55,400
tracking process. 
There's again extensive 

593
00:36:55,400 --> 00:36:57,320
exemptions, but they're 
complicated. 

594
00:36:57,560 --> 00:37:01,040
We've got certain materials that
are exempt from the definition 

595
00:37:01,040 --> 00:37:04,920
of solid waste altogether. 
Then we have other materials 

596
00:37:04,920 --> 00:37:07,920
that are exempt from the 
definition of hazardous waste if

597
00:37:07,920 --> 00:37:14,960
they're managed a certain way. 
And anyway, so I think there 

598
00:37:14,960 --> 00:37:17,240
could be a simplification of 
that whole. 

599
00:37:17,960 --> 00:37:23,800
It'll be 1 area of the federal 
regulations that could help 

600
00:37:24,000 --> 00:37:28,320
reduce or improve the an EPR 
type circular economy component 

601
00:37:28,720 --> 00:37:31,360
for sure. 
I still feel like we're missing 

602
00:37:31,720 --> 00:37:33,920
the products that are 
manufactured, that are shipped 

603
00:37:33,920 --> 00:37:37,600
out to consumers that they won't
ever be able to manage 

604
00:37:37,600 --> 00:37:40,720
themselves, the company 
themselves technically again, 

605
00:37:40,920 --> 00:37:43,760
they're just going to hope for 
the best that society recycles 

606
00:37:43,760 --> 00:37:45,440
the products better, more 
effectively. 

607
00:37:45,440 --> 00:37:48,400
And I think that's, I think 
there's the big disconnect or at

608
00:37:48,400 --> 00:37:50,760
least the challenge for EPR in a
lot of areas. 

609
00:37:51,640 --> 00:37:57,400
Plus we come up with some 
amazing technology that can sort

610
00:37:58,480 --> 00:38:04,160
materials that are going into 
all of these facilities that can

611
00:38:05,520 --> 00:38:09,960
better weigh and manage all of 
the materials. 

612
00:38:11,480 --> 00:38:13,760
I I think they're. 
You're spot on. 

613
00:38:13,840 --> 00:38:16,560
And there are new technologies 
coming online. 

614
00:38:16,560 --> 00:38:20,960
There are with AI and visual 
recognition and processing and 

615
00:38:20,960 --> 00:38:23,880
there is some huge improvements 
that are being made in that 

616
00:38:23,880 --> 00:38:25,920
area. 
They are costly to get them 

617
00:38:25,920 --> 00:38:27,680
implemented at a lot of these 
locations. 

618
00:38:27,680 --> 00:38:31,520
So it's going to take time, I 
think before a lot of these 

619
00:38:31,520 --> 00:38:34,720
companies are really in a 
position to where I guess the 

620
00:38:34,960 --> 00:38:38,080
technology and the equipment 
becomes very affordable and 

621
00:38:38,080 --> 00:38:40,400
standardized. 
But it's going to be a, it's 

622
00:38:40,400 --> 00:38:42,760
going to take some time. 
But I think that there's good 

623
00:38:42,760 --> 00:38:47,000
signs that's already really 
available now, but not at the 

624
00:38:47,000 --> 00:38:51,600
scale that needs to be. 
Agree, And the other component 

625
00:38:51,600 --> 00:38:53,120
besides. 
OK, obviously. 

626
00:38:53,200 --> 00:38:55,800
Can someone let me rewrite 
Ricker one day? 

627
00:38:55,800 --> 00:38:59,720
I'd love to work on it. 
Yeah, cut to my Bork dream. 

628
00:38:59,800 --> 00:39:04,680
I'll be honest with you, but OK.
It does need to know it needs an

629
00:39:04,680 --> 00:39:05,720
overhaul. 
I'm with you. 

630
00:39:05,720 --> 00:39:08,320
It's, it's a challenge. 
There's some of the regulation 

631
00:39:08,320 --> 00:39:10,880
or the requirements, just you 
scratch your head and so come 

632
00:39:10,880 --> 00:39:13,120
on, really. 
But they were written this in 

633
00:39:13,160 --> 00:39:15,400
76. 
That's a different world. 

634
00:39:15,920 --> 00:39:18,920
And this was their first attempt
at a major regulation that was 

635
00:39:19,200 --> 00:39:21,880
They were tired of seeing 
companies just dump their stuff 

636
00:39:21,880 --> 00:39:24,360
in the back 40 like they did a 
Love canal. 

637
00:39:24,400 --> 00:39:27,280
That's why. 
I think it's an amazing law, 

638
00:39:27,720 --> 00:39:30,600
I'll say that. 
I also think critical to this 

639
00:39:30,600 --> 00:39:33,160
discussion is the creation of 
markets. 

640
00:39:33,760 --> 00:39:37,800
Yeah. 
How do we bring all of this 

641
00:39:37,800 --> 00:39:40,040
online? 
Again, EPR is a tool. 

642
00:39:40,040 --> 00:39:43,880
It creates a fee structure 
that'll put more money into the 

643
00:39:43,880 --> 00:39:48,200
state's hands to work on and 
perhaps buy some of that 

644
00:39:48,200 --> 00:39:50,000
infrastructure and some of that 
technology. 

645
00:39:50,000 --> 00:39:52,480
You're talking about a dream 
world. 

646
00:39:52,880 --> 00:39:59,800
Now, once that clean material is
created, what And what once we 

647
00:39:59,800 --> 00:40:02,560
actually create it and we keep 
it out of landfills, what 

648
00:40:02,560 --> 00:40:04,040
happens next? 
Who's going to take that 

649
00:40:04,040 --> 00:40:05,440
material? 
Who's going to clean it? 

650
00:40:05,440 --> 00:40:08,760
Who's going to process it? 
And then there's many disputes 

651
00:40:08,760 --> 00:40:12,800
about what's the proper way of 
handling and processing 

652
00:40:12,800 --> 00:40:16,680
recyclable material to have a 
minimal environmental impact. 

653
00:40:17,080 --> 00:40:20,720
So. 
I think that's another critical 

654
00:40:20,720 --> 00:40:24,800
component of the discussion is 
and it's another think about 

655
00:40:25,080 --> 00:40:26,920
America as a free market 
society. 

656
00:40:26,920 --> 00:40:33,200
If we create a market for it, 
it's very for the waste to be 

657
00:40:33,200 --> 00:40:34,760
handled. 
Like, for example, China was a 

658
00:40:34,760 --> 00:40:37,560
market, they made money. 
Yeah, totally. 

659
00:40:37,560 --> 00:40:41,000
They totally made money on it 
and they were just getting 

660
00:40:41,000 --> 00:40:43,920
inundated by the world basically
because they were just kept 

661
00:40:43,920 --> 00:40:45,320
sending stuff to them. 
The. 

662
00:40:45,480 --> 00:40:49,760
Biggest issue in I would say, 
OK, I keep saying the biggest 

663
00:40:49,760 --> 00:40:55,320
issue, one of the biggest issues
of in of all of this is also the

664
00:40:55,320 --> 00:41:01,600
contamination of materials. 
The the complexity of handling 

665
00:41:01,680 --> 00:41:05,000
material waste streams even at 
your home, right? 

666
00:41:05,000 --> 00:41:08,080
Some foods I'm thinking peanut 
butter, right? 

667
00:41:08,080 --> 00:41:10,760
Like how hard is it to get your 
peanut butter consumer gleaning 

668
00:41:10,760 --> 00:41:12,800
WAP that you could actually be 
recyclable? 

669
00:41:13,480 --> 00:41:15,560
Yeah, there's that. 
And you're right. 

670
00:41:15,680 --> 00:41:19,840
Now I'm aware of a few firms, 
Republics one, they just opened 

671
00:41:19,840 --> 00:41:23,200
up a blue polymer, couple blue 
polymer facilities, one in 

672
00:41:23,200 --> 00:41:26,440
Indianapolis where I reside, and
they've got one in Phoenix and I

673
00:41:26,440 --> 00:41:27,440
think they just opened a new 
one. 

674
00:41:27,440 --> 00:41:30,200
I'm not sure where, but they 
heard that they've come up with 

675
00:41:30,200 --> 00:41:33,240
a way to actually clean and 
process some of the plastic that

676
00:41:33,240 --> 00:41:37,240
is dirty that's so that they can
effectively clean it, process 

677
00:41:37,240 --> 00:41:39,840
it, and then make it a product 
for resale in the market. 

678
00:41:39,840 --> 00:41:42,400
And that's great. 
So strides are being made in 

679
00:41:42,400 --> 00:41:46,160
certain areas of the business 
under that and I think that's 

680
00:41:46,160 --> 00:41:48,400
real important. 
I've got a big panel discussion 

681
00:41:48,400 --> 00:41:51,760
coming up in a couple weeks in 
Louisville at the EHS Hazmat 

682
00:41:51,760 --> 00:41:54,640
Summit, where I'm leading a 
circular economy conversation 

683
00:41:54,640 --> 00:41:58,520
with leaders from Republic, 
leaders from ERI, which is 

684
00:41:58,520 --> 00:42:01,240
Electronic Recycling 
International, and also with a 

685
00:42:01,320 --> 00:42:04,520
company called Pre Tread. 
And Pre Tread is a company that 

686
00:42:04,520 --> 00:42:07,160
recycles tires and makes Rd. 
barriers out of it. 

687
00:42:07,360 --> 00:42:10,280
The big concrete ones, you see, 
instead of using that, they're 

688
00:42:10,280 --> 00:42:12,320
making them out of recycled 
tires. 

689
00:42:12,320 --> 00:42:15,240
And it's a great product because
the durability of them, the 

690
00:42:15,240 --> 00:42:18,720
longevity of them and it's a 
reused product and out to go on 

691
00:42:18,840 --> 00:42:21,280
or dig up the earth. 
They can just they've already 

692
00:42:21,280 --> 00:42:23,600
done it. 
So it's more sustainable. 

693
00:42:23,600 --> 00:42:26,320
And we're talking about that. 
The whole circular economy, 

694
00:42:26,320 --> 00:42:29,160
infrastructure being built and 
growing it and dealing with 

695
00:42:29,160 --> 00:42:32,120
these challenges of that a lot 
of companies are facing either 

696
00:42:32,120 --> 00:42:35,080
with EPR or just because the 
companies want to deal with it 

697
00:42:35,120 --> 00:42:37,600
because it's the right thing to 
do from a sustainability 

698
00:42:37,600 --> 00:42:40,720
perspective. 
Reducing carbon footprint could 

699
00:42:41,160 --> 00:42:44,920
all that good stuff, right. 
So that's a lot of it. 

700
00:42:45,000 --> 00:42:48,600
When you when do you anticipate 
APR compliance will increase 

701
00:42:48,600 --> 00:42:52,360
prices on consumers and how can 
companies manage then offset 

702
00:42:52,360 --> 00:42:58,640
this impact? 
Money is going to have to come 

703
00:42:58,640 --> 00:43:03,040
somewhere from somewhere, right?
So are they going to? 

704
00:43:04,480 --> 00:43:07,840
That's a business decision. 
I don't know if companies will 

705
00:43:08,560 --> 00:43:14,760
put that on their consumers or 
take the hit, but you know, most

706
00:43:14,760 --> 00:43:18,440
companies are generally. 
Passing down the cost. 

707
00:43:19,040 --> 00:43:22,360
Yeah, I'm seeking to increase 
revenue. 

708
00:43:22,360 --> 00:43:26,760
But the other thing is the way I
like to think about it is this 

709
00:43:26,760 --> 00:43:31,240
is where consumers and companies
can show leadership in general. 

710
00:43:31,800 --> 00:43:37,920
It helps if it's not coming 
through this EPR fee that's 

711
00:43:37,920 --> 00:43:41,840
assigned to we're going to be 
assigned based on the weight of 

712
00:43:41,840 --> 00:43:46,120
packaging used by producers. 
It would have to come through 

713
00:43:46,120 --> 00:43:50,560
taxes anyway if we were to work 
through and enhance and increase

714
00:43:50,560 --> 00:43:56,000
the infrastructure. 
So I don't see a world where we 

715
00:43:56,000 --> 00:44:03,840
all don't have to invest in 
infrastructure, all of us. 

716
00:44:04,160 --> 00:44:06,560
Yeah, yeah. 
Everybody's going to have to 

717
00:44:06,560 --> 00:44:08,600
contribute to the process to 
make this work. 

718
00:44:08,920 --> 00:44:12,040
I think the intent of the law 
was for producers to hold that 

719
00:44:12,040 --> 00:44:15,160
back more. 
But in essence, by doing that, 

720
00:44:15,160 --> 00:44:19,200
it does then say to conforms, 
you know what, I'm going to 

721
00:44:19,200 --> 00:44:24,200
choose the companies that are 
producing as little with 

722
00:44:24,240 --> 00:44:28,000
packaging material as possible. 
Value purchasing is what I call 

723
00:44:28,000 --> 00:44:29,960
that. 
And so then it does also 

724
00:44:30,320 --> 00:44:34,880
potentially shift consumer 
decisions, which ships market 

725
00:44:34,880 --> 00:44:38,480
decisions, which ships fees and 
in all of it. 

726
00:44:38,480 --> 00:44:45,280
So is that a better approach 
than taxes and having everyone 

727
00:44:45,400 --> 00:44:49,320
pay into the states? 
I don't know. 

728
00:44:49,560 --> 00:44:53,640
I think it should be a consumer 
based approach in my opinion. 

729
00:44:53,640 --> 00:44:57,880
If you want to buy the products 
and that you're willing to pay 

730
00:44:57,880 --> 00:45:00,560
for it, then great. 
But if you don't buy those 

731
00:45:00,560 --> 00:45:03,680
products then you probably 
wouldn't be fair. 

732
00:45:03,680 --> 00:45:05,840
You get to pay into it if you're
not buying that product. 

733
00:45:05,840 --> 00:45:08,760
So seems like it'd be best if 
it's based on the actual 

734
00:45:08,760 --> 00:45:12,360
products you're buying because 
then it's directly related to 

735
00:45:12,920 --> 00:45:16,000
the process and the consumer 
product instead of just a flat 

736
00:45:16,000 --> 00:45:18,760
fee that everyone has to pay. 
I don't know like at least 

737
00:45:18,760 --> 00:45:19,680
that's my thoughts. 
I. 

738
00:45:20,720 --> 00:45:23,760
Think about it with a slightly 
different product base and 

739
00:45:23,760 --> 00:45:27,280
chemical issue, but really 
similar and connected to my 

740
00:45:27,280 --> 00:45:30,440
larger practice on just product 
stewardship and chemical 

741
00:45:30,440 --> 00:45:32,400
management. 
Excuse me? 

742
00:45:33,200 --> 00:45:40,560
When we look at the history and 
the way PFOS bands have rolled 

743
00:45:40,560 --> 00:45:42,880
out, just for a second, we're 
not going to go there. 

744
00:45:42,880 --> 00:45:45,120
I know it's not the purpose of 
the conversation thing. 

745
00:45:45,320 --> 00:45:48,520
Wait, go for it, go for it 
because unfortunately, consumers

746
00:45:48,520 --> 00:45:50,200
are having to take the brunt of 
it. 

747
00:45:50,920 --> 00:45:55,400
In many ways, it's also how 
consumers are saying are 

748
00:45:55,400 --> 00:45:58,640
realizing and starting to 
actually think about what 

749
00:45:58,640 --> 00:46:01,680
they're consuming, right? 
They're like, Oh my goodness, I 

750
00:46:01,680 --> 00:46:05,280
didn't even think that this was 
something that I should be 

751
00:46:05,280 --> 00:46:09,480
paying attention to. 
And so their consumers, even 

752
00:46:09,480 --> 00:46:13,120
before the bans began, started 
saying, OK, we're not going to 

753
00:46:13,120 --> 00:46:15,920
buy those non stick pans 
anymore. 

754
00:46:16,200 --> 00:46:18,640
Get rid of your non stick pans, 
everybody. 

755
00:46:19,000 --> 00:46:22,800
And so then what happened? 
A whole and a whole new industry

756
00:46:22,840 --> 00:46:27,600
became to be we've got a whole 
new cookware industry overnight 

757
00:46:27,880 --> 00:46:32,760
of companies that are competing 
to produce the best nonstick pan

758
00:46:33,000 --> 00:46:34,880
that. 
That's an pee Foss pan. 

759
00:46:35,840 --> 00:46:37,680
And that's a whole another 
question of which pee Foss 

760
00:46:37,680 --> 00:46:41,640
compounds, but we'll just say 
how do we create a nonstick 

761
00:46:41,920 --> 00:46:47,800
material that has the lowest 
risk chemical exposure? 

762
00:46:47,800 --> 00:46:50,280
Sure, absolutely. 
And that makes sense. 

763
00:46:50,280 --> 00:46:53,280
I think from that part or that 
perspective, the consumer, I 

764
00:46:53,280 --> 00:46:55,680
think the biggest challenge 
though right now is all the 

765
00:46:55,680 --> 00:46:58,960
damage that's already been done 
by P5 for consumers having to 

766
00:46:58,960 --> 00:47:00,720
pay that. 
They're like, we didn't even 

767
00:47:01,680 --> 00:47:04,160
deal with that stuff and they're
being exposed and have to pay 

768
00:47:04,160 --> 00:47:06,480
for water treatment that they 
didn't agree to. 

769
00:47:06,480 --> 00:47:09,120
So yeah, that's the biggest 
challenge I see with a lot of 

770
00:47:09,560 --> 00:47:12,320
unfairness in the process right 
now, and there's that. 

771
00:47:12,320 --> 00:47:15,440
If we get back to EPR though, I 
think that there's a lot that 

772
00:47:15,440 --> 00:47:19,280
can be done and I think there is
a lot of onus on individuals 

773
00:47:19,280 --> 00:47:22,200
just to be better recyclers 
individually. 

774
00:47:22,280 --> 00:47:26,680
Everyone just does it a little 
bit and takes the initiative to 

775
00:47:26,680 --> 00:47:29,600
recycle more and reduce their 
water consumption and turn those

776
00:47:29,600 --> 00:47:32,520
lights off and things like that.
Collectively, it'll be a big 

777
00:47:32,520 --> 00:47:34,480
impact. 
And so I think that's a big 

778
00:47:34,480 --> 00:47:36,800
thing. 
But how might EPR improve the 

779
00:47:36,800 --> 00:47:39,160
quality and convenience of 
recycling and waste collection 

780
00:47:39,160 --> 00:47:41,320
systems for everyday consumers? 
What? 

781
00:47:41,320 --> 00:47:43,680
How do you see this really 
making it easier for them? 

782
00:47:46,560 --> 00:47:50,320
I'll just say to be determined 
on that one, but that's another 

783
00:47:50,320 --> 00:47:54,360
component of what these, the 
fees that are being collected 

784
00:47:54,360 --> 00:47:57,960
are intended to support. 
Coming off of Epas. 

785
00:47:58,040 --> 00:48:03,800
It was either 20, sometime 
between 2018 and 2020, EPA put 

786
00:48:03,800 --> 00:48:08,960
out a report or it outlined the 
critical issues for recycling in

787
00:48:08,960 --> 00:48:11,680
the United States and what was 
blocking us from getting to a 

788
00:48:11,680 --> 00:48:18,400
recycling rate of 50%. 
And the number one issue in 

789
00:48:18,400 --> 00:48:22,440
essence was besides the fact 
that every state law and 

790
00:48:22,440 --> 00:48:25,240
municipal jurisdiction just does
it differently and handles it 

791
00:48:25,240 --> 00:48:29,720
differently, was that it's tough
for consumers to actually know 

792
00:48:29,720 --> 00:48:33,400
what's right. 
I've spoken to many people who 

793
00:48:33,680 --> 00:48:38,240
are like, I just moved to a new 
location and and I used to be 

794
00:48:38,240 --> 00:48:41,200
able to recycle glass, but now I
can't recycle glass. 

795
00:48:41,360 --> 00:48:44,520
I can recycle glass, but not 
from my actual home. 

796
00:48:44,520 --> 00:48:51,640
I have to stop 10 miles away 
process into my life to do that.

797
00:48:51,640 --> 00:48:53,640
And I want to do that, but when 
am I going to do that? 

798
00:48:53,640 --> 00:48:55,320
And I know I'll get to it 
eventually. 

799
00:48:55,800 --> 00:48:59,920
And all of a sudden six months 
pass and you're finally like 

800
00:48:59,920 --> 00:49:02,360
settled enough into your new 
location to think about your 

801
00:49:02,360 --> 00:49:07,000
refuse. 
So I think, I think that there's

802
00:49:07,000 --> 00:49:11,480
more to to be, I'll just say 
more to be determined here, more

803
00:49:11,480 --> 00:49:15,400
to be built out. 
But the goal is we move in that 

804
00:49:15,400 --> 00:49:18,320
direction. 
What we can say is there's a ton

805
00:49:18,320 --> 00:49:22,240
of data out there about 
recycling in general, which 

806
00:49:22,240 --> 00:49:24,760
gives us the ability to say 
where are the areas in the 

807
00:49:24,760 --> 00:49:26,960
country where the least 
recycling is occurring. 

808
00:49:27,960 --> 00:49:31,800
And my perspective if I was in 
charge would be to start there. 

809
00:49:32,080 --> 00:49:36,920
If we can build capacity in the 
places where we have a recycling

810
00:49:36,920 --> 00:49:43,440
rate below even 20%, education, 
better infrastructure for pick 

811
00:49:43,440 --> 00:49:48,560
up and drop off which would 
require more jobs, that would be

812
00:49:48,560 --> 00:49:51,480
a great place to start. 
Yeah, I think the biggest 

813
00:49:52,240 --> 00:49:55,840
opportunity is the education 
side of the House. 

814
00:49:55,840 --> 00:49:59,960
It's educating constantly at a 
very young age. 

815
00:50:00,600 --> 00:50:03,520
School, kindergarten, even at 
kindergarten started there. 

816
00:50:03,520 --> 00:50:06,760
There should be back in the day.
And we grew up as kids, at least

817
00:50:06,760 --> 00:50:10,360
when I grew up as kids, we had 
cartoons that talked about the 

818
00:50:10,360 --> 00:50:14,240
bill and how that how bills are 
created in Congress. 

819
00:50:14,920 --> 00:50:18,080
And they always had a constant 
education process going where 

820
00:50:18,080 --> 00:50:20,680
you were learning about 
government and you were learning

821
00:50:20,680 --> 00:50:23,600
about how to spell and read and 
write and all this and stuff. 

822
00:50:24,000 --> 00:50:30,040
We need to have a dedicated, 
consistent educational process 

823
00:50:30,040 --> 00:50:34,040
for recycling in our country. 
And it shouldn't be just state 

824
00:50:34,040 --> 00:50:35,960
to state. 
It should be, I think federally,

825
00:50:35,960 --> 00:50:38,760
but also state to state. 
I was just in Paris a couple 

826
00:50:38,760 --> 00:50:43,440
weeks ago and I'm in the subway 
and there's these huge recycling

827
00:50:43,760 --> 00:50:47,560
pictures on the subway walls and
it's like, it was a can and it 

828
00:50:47,560 --> 00:50:51,200
had wings on the can. 
It says, hey, this can doesn't 

829
00:50:51,200 --> 00:50:55,800
get recycled by itself. 
Basically saying it takes, you 

830
00:50:55,920 --> 00:50:58,800
have to actually put it in the 
trash can. 

831
00:50:59,040 --> 00:51:01,320
And it talks about it's the, 
it's the we're trying to 

832
00:51:01,320 --> 00:51:04,000
accomplish improving 
sustainability and recycling and

833
00:51:04,000 --> 00:51:07,560
things like that. 
Or in another ad was, hey, let's

834
00:51:07,560 --> 00:51:10,560
reuse these products. 
Let's fix them up, rehab them 

835
00:51:10,560 --> 00:51:12,640
and reuse them. 
And so there's all these like 

836
00:51:12,640 --> 00:51:16,080
little new, I guess advertising 
and it's subliminal because 

837
00:51:16,080 --> 00:51:18,120
after a while you don't even 
recognize it, but it's sitting 

838
00:51:18,120 --> 00:51:20,240
there and if you just look up, 
you see it's there. 

839
00:51:20,240 --> 00:51:24,880
And it seems like an educational
process for EPR systems, 

840
00:51:25,120 --> 00:51:27,440
recycling process. 
That's what we need to do, those

841
00:51:27,440 --> 00:51:29,920
schemes and everything. 
I don't see us doing enough of 

842
00:51:29,920 --> 00:51:33,160
that. 
And, and in that federal law, I 

843
00:51:33,160 --> 00:51:36,040
mentioned to you that was one of
the critical components of the 

844
00:51:36,040 --> 00:51:40,440
recycling standards, a study 
process that was built in at the

845
00:51:40,440 --> 00:51:44,880
federal level of what can we do 
to best educate and close these 

846
00:51:44,880 --> 00:51:49,120
gaps. 
And that will take some time to 

847
00:51:49,120 --> 00:51:52,040
build out anything that becomes 
systematic. 

848
00:51:53,000 --> 00:51:57,920
But I agree with you that more 
education is better, but really 

849
00:51:57,920 --> 00:52:03,400
also comes down to general 
culture. 

850
00:52:04,000 --> 00:52:08,840
Some of these laws, I think, I 
don't know if they'll shift 

851
00:52:08,840 --> 00:52:14,600
culture immediately, but the 
more that circular options are 

852
00:52:14,600 --> 00:52:19,040
available at the market level 
that I think the more we'll see 

853
00:52:19,360 --> 00:52:24,960
cultural shifts. 
So that to me comes back to what

854
00:52:24,960 --> 00:52:30,880
are the barriers to making 
recycling a profitable exercise?

855
00:52:31,240 --> 00:52:36,360
And that's where I want to focus
personally, because that I 

856
00:52:36,360 --> 00:52:41,160
believe can influence cultures 
in the most organic way aligned 

857
00:52:41,160 --> 00:52:42,960
with how our culture already 
works. 

858
00:52:43,320 --> 00:52:46,680
We like a we really do 
Americans, right? 

859
00:52:47,600 --> 00:52:50,920
If we how can we make trendy? 
Yeah, make it trendy. 

860
00:52:50,920 --> 00:52:51,800
Make it. 
Easy. 

861
00:52:51,960 --> 00:52:54,480
Just make it easy. 
A lot of cities they don't have 

862
00:52:54,480 --> 00:52:58,680
curbside recycling, They just 
have normal trash pickup, Make 

863
00:52:58,720 --> 00:53:02,200
it, make, add those things, add 
those stream pickups. 

864
00:53:02,200 --> 00:53:04,920
So that way people are more 
incentivized to do that. 

865
00:53:04,920 --> 00:53:08,080
It may take a couple dollars off
their their trash bill if 

866
00:53:08,280 --> 00:53:10,320
they're recycling more, 
something you come up with, 

867
00:53:10,320 --> 00:53:12,920
something that just helps them 
be more incentivized. 

868
00:53:13,720 --> 00:53:19,000
I'm even having this idea right 
now, which would be our top 

869
00:53:19,000 --> 00:53:22,800
stars and our rock stars and our
movie stars are very persuasive.

870
00:53:23,400 --> 00:53:30,200
So if any of you are listening. 
Come on, help us out. 

871
00:53:30,240 --> 00:53:32,880
Help us out. 
Promote these recycling efforts,

872
00:53:33,000 --> 00:53:35,240
do some documentaries and stuff 
like that. 

873
00:53:35,240 --> 00:53:37,600
Help us figure out ways to make 
this more effective. 

874
00:53:37,640 --> 00:53:42,120
When Beyoncé recycles, it's 
amazing, right? 

875
00:53:42,120 --> 00:53:44,720
We just, whatever. 
Let's just have we want to see 

876
00:53:44,720 --> 00:53:47,560
Beyoncé recycling. 
There you go, Beyoncé can 

877
00:53:47,560 --> 00:53:50,360
recycle, get all the big stars 
recycling. 

878
00:53:50,640 --> 00:53:53,920
There are a lot of really great 
stories to be told though. 

879
00:53:54,000 --> 00:53:58,520
A lot of big events are really 
focused on recycling at the at 

880
00:53:58,520 --> 00:54:02,440
their facilities, so they can 
basically have a better positive

881
00:54:02,440 --> 00:54:04,400
impact. 
I was just at a live golf outing

882
00:54:04,520 --> 00:54:08,480
recently and the recycling and 
trash receptacles are right 

883
00:54:08,480 --> 00:54:11,400
there next to each other and 
it's clearly marked. 

884
00:54:11,400 --> 00:54:15,960
Everybody is dropping their 
bottles and cans in the right 

885
00:54:15,960 --> 00:54:18,160
recycling section. 
They're putting their trash 

886
00:54:18,160 --> 00:54:20,240
waste in the trash. 
And then for of course, we've 

887
00:54:20,240 --> 00:54:23,800
got the guys pulling around and 
picking up the full bags and 

888
00:54:23,920 --> 00:54:27,320
replenishing the. 
It was really good to see how 

889
00:54:27,320 --> 00:54:30,920
effective that some of these big
events are being managed from a 

890
00:54:30,920 --> 00:54:33,080
sustainability perspective on 
the waste management. 

891
00:54:33,080 --> 00:54:35,320
It's great. 
And I think those stories don't 

892
00:54:35,320 --> 00:54:38,640
get told enough, like they don't
get shared with everyday people.

893
00:54:38,680 --> 00:54:43,480
Here's the impact that you 
spectators had at this event, 

894
00:54:44,080 --> 00:54:46,120
right? 
You contributed to recycling 

895
00:54:46,120 --> 00:54:49,320
this much. 
That's those are the stories I 

896
00:54:49,320 --> 00:54:51,560
think that are not getting told.
And you can you could go to the 

897
00:54:51,560 --> 00:54:55,960
NFL and be go down the line all 
these I think big leagues and 

898
00:54:55,960 --> 00:54:58,440
stuff like that are doing these 
type of things, but we're not 

899
00:54:58,440 --> 00:55:00,280
talking about it enough. 
We need to, yeah. 

900
00:55:01,720 --> 00:55:05,520
Even if there was like a or it's
half time and right before the 

901
00:55:05,520 --> 00:55:07,840
end of the game. 
Hey, on your way out. 

902
00:55:08,520 --> 00:55:11,600
Don't forget to drop off your 
empty container here I mean. 

903
00:55:11,720 --> 00:55:17,880
I just have every event had a 
like resource manager, usher who

904
00:55:17,880 --> 00:55:21,000
was like designed to pump you up
or something. 

905
00:55:21,960 --> 00:55:24,320
Yeah, right. 
This way to the most exciting, 

906
00:55:24,800 --> 00:55:28,800
you know, place at the stadium. 
Yeah, the recycling center. 

907
00:55:30,240 --> 00:55:31,760
Exactly. 
No, that's great. 

908
00:55:31,760 --> 00:55:35,120
I love our conversation, Megan. 
This has been exciting, 

909
00:55:35,160 --> 00:55:37,800
educational for the listeners as
well. 

910
00:55:38,080 --> 00:55:40,080
I really appreciate you coming 
on the show. 

911
00:55:40,360 --> 00:55:42,880
I know we could spend probably 
another 30 minutes easily 

912
00:55:42,880 --> 00:55:46,200
talking about EPR concepts and 
some challenges, but I think 

913
00:55:46,200 --> 00:55:48,360
we've covered the topic pretty 
well as far as some of the 

914
00:55:48,360 --> 00:55:51,560
issues that are out there. 
There's more to be dived into, 

915
00:55:51,560 --> 00:55:53,880
I'm sure, and explored. 
I really appreciate all the work

916
00:55:53,880 --> 00:55:57,520
you're doing there at your firm,
just to keep up the good work at

917
00:55:57,520 --> 00:56:00,240
Holland Knight. 
Really appreciate that and thank

918
00:56:00,240 --> 00:56:02,760
you for coming on the show. 
Thanks so much for having me, it

919
00:56:02,760 --> 00:56:04,560
was a pleasure. 
Thanks for listening and 

920
00:56:04,560 --> 00:56:06,880
watching the show. 
If you enjoyed the show then 

921
00:56:06,880 --> 00:56:09,600
please share it with your 
friends and Co workers on social

922
00:56:09,600 --> 00:56:11,720
media and tell somebody in 
person. 

923
00:56:12,240 --> 00:56:14,080
Thanks for being with us, ET 
Nation.

