News Summary

  • The Circular Action Alliance (CAA) has opened its draft Responsible End Market (REM) certification standard forpublic comment, a key component of most U.S. packaging extended producer responsibility (EPR) laws.
  • The REM standard will require specific businesses in the recycling value chain to prove that their handling of recycled materials minimizes environmental and public health risks. The CAA draft details the process for verifying these "responsible" claims.
  • Some states with existing packaging EPR laws already have REM verification provisions, but the CAA draft aims to unify these requirements to ensure consistent processes nationwide. The public comment period is open until July 7.

In-Depth Analysis

REM requirements are a crucial part of packaging EPR, aimed at enhancing transparency and traceability in the recycling system. This concept partly stems fromanti-waste-dumpingdemands, especially after China implemented a recycled material import ban in 2017 and other countries followed suit, raising public awareness of the role of some U.S. recycling systems in exporting waste overseas.

REM helps rebuild public trust in the recycling system by providing a "clear and credible framework that supports regulatory requirements and gives stakeholders confidence in how recycling outcomes are defined, evaluated, and verified," said Victoria Norman, Executive Director of SCS Standards and Assurance, in a statement.

SCS, an organization that develops sustainability certification standards, is currently working with CAA on this draft. Astandards development committeecomprising multiple industry associations, recycling companies, and state government agencies also provided input on the draft.

Of the seven states that have passed packaging EPR laws, all but Maine include REM provisions in their programs. Specific requirements vary by state, but most participants in the recycling value chain—from brokers and processors downstream of MRFs—must comply with relevant rules to prove that recycled materials actually flow to these REMs.

Oregon has already developedits own REM standardfor its packaging EPR law, while Colorado and California's EPR programs also include REM requirements.

CAA's new REM certification draft aims to streamline requirements across states, including those that may pass packaging EPR laws with REM provisions in the future. CAA is the producer responsibility organization for California, Colorado, Minnesota, Oregon, and Washington.

Once a national standard is adopted, end market entities would only need to undergo one audit rather than multiple audits in each state where they operate, explained Shane Buckingham, CAA Chief of Staff, during a presentation at the March plastics recycling conference. He also stated that CAA plans to launch pilot audits to test the standard after the draft's public comment period concludes.

CAA's certification standard draft includes specific documentation and record-keeping requirements, and also requires entities to show current operating permits and demonstrate that facilities comply with labor and safety laws and meet environmental compliance obligations.

The draft requires entities to certify each of their facilities separately, with certifications valid for three years.

The draft also clarifies which entities must comply with these REM requirements. CAA's definition of a "responsible end market" includes "supply chain participants" operating downstream of MRFs or collection stations, potentially covering entities that purchase, trade, manage, or process materials covered by packaging EPR laws.

Eligible entities may also include secondary processors, transporters, brokers, and "other locations where material disposal occurs," such as landfills and incineration facilities, as stated in the draft.

CAA will host awebinaron May 12 to further explain the draft details.