EPA update to waste management regs mark 'important step forward'
ARLINGTON, Va. – Five retail associations on Tuesday expressed optimism regarding proposals by the Environmental Protection Agency to update waste management regulations that may impact how unsold consumer products and pharmaceuticals are handled by retailers. But more needs to be done, the associations noted.
EPA's application of the Resource Conservation and Recovery Act, which governs the disposal of hazardous waste, to "the very small percentage" of unsold consumer products that may be recycled, reused or otherwise discarded from a retail store represents a challenge for the retail community, the associations argued.
“This [regulation update] is an important step forward and the retail associations welcome the opportunity to respond to these long-awaited proposals," stated Sue Pifer, VP compliance at the Retail Industry Leaders Association. "Although portions of the proposals may offer some relief, the suggested frameworks fall short of easing the burden on retailers who want to manage unsold products in a more sustainable fashion, rather than discarding potentially useful or recyclable items,” she said. “The retail associations again emphasize in their comments that most unsold consumer products and pharmaceuticals are not ‘wastes’, due to the fact that many are suitable for re-shelving, donation, recycling, liquidation or shipment back to vendors for credit.”
Specifically, EPA's proposed rules:
Allow a waste generator to avoid increased burdens of a higher generator status when generating large quantities of hazardous waste “episodically,” or unexpectedly and infrequently. Such episodes may be the result of broken or damaged customer returns, theft or damage within the store, public dumping in trash receptacles or recalls of unusable products;
Allow very small quantity generators to consolidate hazardous wastes from multiple locations at a “large quantity generator” site, such as a distribution center, thereby eliminating the disproportionate regulatory burdens of a higher generator status at store-level, provided certain conditions are met; and
Allow health care facilities to manage hazardous waste pharmaceuticals under tailored, sector-specific regulations, and relax the requirements for managing empty pharmaceutical containers.
EPA is also soliciting comment on potential amendments to the heightened “acute” hazardous waste classification for smoking cessation products, like low-concentration nicotine patches, gums and lozenges, which subjects retailers to additional in-store requirements.
Reverse distribution involves the removal and consolidation of consumer products and pharmaceuticals that are not sold in retail stores and is a long-standing business practice that is friendly to the environment and good for consumers, the associations noted. The practice pre-dates the arcane application of RCRA to retailers’ reverse distribution operations.
In 2014, RILA led a coalition of retailers to explain the challenges of complying with RCRA, and some of the issues raised by the coalition were addressed in the proposed rules, released by the EPA in September 2015.
In addition to RILA, the retail associations include the Food Marketing Institute, the National Association of Chain Drug Stores, the National Grocers Association and the National Retail Federation.