Lifset, Atasu, Tojo (2013) - EPR, National, International and Practical Perspective

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S P E C I A L F E AT U R E O N E X T E N D E D P R O D U C E R R E S P O N S I B I L I T Y

Extended Producer Responsibility


National, International, and Practical Perspectives
Reid Lifset, Atalay Atasu, and Naoko Tojo

When extended producer responsibility (EPR) emerged responsibility, for the recycling of packaging, electrical and elec-
in Sweden and Germany in the early 1990s, it was seen tronic equipment (EEE), end-of-life vehicles (ELVs), and a va-
as a policy strategy that could realize several desirable riety of household hazardous wastes such as spent batteries,
and interrelated goals: creating incentives for eco-design leftover paint, and unused pharmaceuticals. While empirical
of packages and products, leveraging private sector expertise evidence indicates that the presence of EPR policy has provided
to achieve public goals, internalizing tangible influence on manufacturers to improve
the costs of waste management into “The research in this issue . . . their product design (Tojo 2004), in most cases,
product prices, and shifting the fi- provides insights into how and EPR systems have not been designed or imple-
nancial burden of waste management mented in a way that incentivizes (re)design
from municipalities and taxpayers to
why EPR has evolved into its of products to achieve environmental improve-
firms and consumers. Implicitly it also current form and how it might ment (Dempsey et al. 2010). Instead, the pri-
held the promise of increased fund- evolve further to achieve the goals mary achievement of EPR has been to fund,
ing for recycling infrastructure and a create, or expand infrastructure for postcon-
policy mechanism that could be self-
its proponents have espoused.” sumer recycling.
adjusting. EPR is of considerable interest in the field of industrial
EPR, like so many terms and concepts in environmental ecology. Because industrial ecology looks to natural systems
policy, has multiple definitions. The most commonly used em- for potential models for improvements in resource efficiency—
phasizes the shift in responsibility for end-of-life management especially to the ability of ecosystems to cycle resources with
of products and materials to producers. The definition provided little waste—there is an emphasis on “loop closing,” that is,
by the Organization for Economic Co-operation and Develop- changing resource flows from linear and unidirectional to cycli-
ment (OECD 2001) in its work on EPR in the early 2000s is cal and closed. EPR is thus both resonant metaphorically with
widely used: central premises in industrial ecology and provides a mechanism
for the pursuit of at least one of these premises.
an environmental policy approach in which a producer’s re- The Journal of Industrial Ecology has thus published many
sponsibility for a product is extended to the post-consumer
research articles on EPR since its founding (e.g., Driedger 2001;
stage of a product’s life cycle. There are two related features
Mayers et al. 2005; Manomaivibool and Vassanadumrongdee
of EPR policy: (1) the shifting of responsibility (physically
and/or economically; fully or partially) upstream toward the 2011) as well as a periodic column on this topic by Lindhqvist
producer and away from municipalities, and (2) to provide and Lifset (e.g., Lindhqvist and Lifset 1997; Lifset and Lind-
incentives to producers to incorporate environmental con- hqvist 2001, 2008). The collection of articles in this special
siderations in the design of their products. feature seeks to build on that record to explore the current
state of EPR across products, jurisdictions, and approaches.
At the conceptual level, some dispute the OECD defini- Partial funding for the feature was provided by Nestle Waters
tion, arguing that EPR is meant to extend the responsibility North America (NWNA), the largest bottled water producer in
of producers not only to waste management, but also to up- North America with additional support from Reverse Logistics
stream matters of materials choice and toxics reduction. And Group Americas (RLGA). As a bottled water producer, NWNA
some argue that EPR is not a policy tool or a policy strategy, is acutely concerned about the challenge of and public concern
but a policy principle on par with such overarching concepts about recycling of the bottles used to convey its product. The
as the producer pays principle (Davis 1999). In most policy company views EPR for packaging as a potentially preferable
implementation and public discourse, however, EPR signifies approach to achieving recycling goals and is funding a variety
the assignment of responsibility for end-of-life management of of endeavors to explore the advantages and disadvantages of
products and packages to producers. the application of EPR to packaging waste and municipal solid
At the practical level, EPR has largely turned out to be a waste more generally in the United States.1 RLGA, based in
mechanism for shifting the cost, and sometimes the operational Fremont, California, provides take back and regulatory compli-
ance services for electronic products including law tracking and
© 2013 by Yale University
DOI: 10.1111/jiec.12022 setup and management of recovery systems. Neither NWNA
nor RLGA had any role in any aspect of the editorial decision
Volume 17, Number 2

162 Journal of Industrial Ecology www.wileyonlinelibrary.com/journal/jie


E D I TO R I A L

making in this issue, nor should any of the views expressed in electronics by brand. They show that current RFID technology
this issue be attributed to either company. read rates (i.e., the percentage of successful retrievals of RFID
By dint of the submissions received in response to the call for tag data) can be significantly higher than expected, particularly
papers, articles in the issues cluster around two topics: EPR for for large household appliances and some categories of mixed
waste electrical and electronic equipment (WEEE) and national WEEE. The authors conclude that recent advances in RFID
and state/provincial approaches to EPR. technology can be expected to allow implementation of IPR
using RFID as long as RFID is economically feasible.
Huisman, a long time critic of IPR, presents his views in a
column, “Too Big to Fail, Too Academic to Function: Producer
Extended Producer Responsibility
Responsibility in the Global Financial and E-waste Crises” by
and Waste Electrical and Electronic
first drawing a provocative analogy between the global financial
Equipment
and WEEE crises (Huisman 2013). He argues that the changes
Management of end-of-life electronics—WEEE—is one of in responsibility so central to EPR cannot engender the desired
the most prominent uses of EPR around the world. The use of design incentives because of the long product lifetimes of EEE
EPR for this purpose gained that prominence when the Euro- and the complexity of systems involved. Instead, he contends
pean Union (EU) adopted the Directive on Waste Electrical that increasing collection and improving processing of WEEE is
and Electronic Equipment in January 2003.2 Since that time, more important and that design for recycling should not trump
member states of the EU and other countries and subnational other environmental concerns.
jurisdictions have debated, implemented, and struggled and ex- In “Business-to-Business Information Technology User
perimented with the extension of producer responsibility to Practices at End-of-Life in the United Kingdom, Germany, and
manage WEEE. As it became clear that most of the EPR pro- France,” Peagam and colleagues (2013) provide an empirical
grams had not been implemented in a fashion that creates in- study targeted at (1) understanding the end-of-life characteris-
centives for eco-design—with the exception of cases where pro- tics of business-to-business (B2B) information technology (IT)
ducers themselves engage in recycling activities—the notion of product markets, and (2) determining the challenges associated
individual producer responsibility (IPR) gained prominence.3 with the collection and recycling of such products under the
IPR was viewed as a return to the key premises of EPR—that is, scope of EPR mandates such as the WEEE Directive of the Eu-
if responsibility for end-of-life management could be assigned ropean Commission. They describe a survey of commercial users
appropriately producer-by-producer rather than collectively to of IT equipment in the United Kingdom, France, and Germany
groups of producers, then the long-sought design incentives regarding the users’ end-of-life management of WEEE. The au-
would emerge. Research on the prospects for and means of real- thors argue that their work helps fill a gap in data on B2B WEEE
izing IPR are a key theme in the articles on WEEE in this issue. management and that their findings suggest that EU WEEE pol-
In “Implementing Individual Producer Responsibility for icy should not look to B2B WEEE as a means of filling collection
Waste Electrical and Electronic Equipment Through Improved targets in the WEEE Directive. They suggest that the presence
Financing,” Mayers and colleagues (2013) propose a solution of third parties involved in reuse and remarketing of used B2B
to a crucial problem that can undermine the efficiency of EPR equipment (e.g., charities or waste management companies)
implementation in practice: cost allocation under collective may necessitate different end-of-life control approaches for this
systems. The solution they provide has the potential to help category.
achieve the fundamental objectives of EPR-based take-back In “Producer Responsibility Organizations Development and
legislation for WEEE–classifying WEEE according to its even- Operations: A Case Study,” Mayers and Butler (2013) present
tual end-of-life treatment requirements and cost, somewhat one of the few detailed descriptions of a producer responsibil-
similar to the way costs in EPR for packaging are allocated. ity organization (PRO) in the research literature. PROs play
With the help of a scenario-based simulation study, the au- an important role in the implementation of EPR: they orga-
thors show that cost allocation models that manage financial nize and/or deliver the collection and processing of end-of-life
guarantees to account for a balance between historical and fu- products managed through take-back systems. In some states
ture waste costs can help provide superior incentives for de- and countries, PROs are consortia of companies obligated by
sign for recycling/reuse, and enable joint financing of histori- law to meet collection or recycling requirements. In others,
cal and future waste in an equitable manner under collective the PROs are commercial contractors servicing the obligated
systems. companies. In their study, Mayers and Butler describe the Eu-
In “Technical Feasibility of Radio Frequency Identification ropean Recycling Platform, a PRO founded by a group of elec-
for Individual Producer Responsibility in Waste Electronic and tronics producers seeking more control and lower costs in the
Electrical Equipment Management,” O’Connell and colleagues delivery of take-back services for WEEE. They detail the orga-
(2013) investigate the technological feasibility of radio fre- nization and relationship between the service provider and its
quency identification (RFID) technology to achieve IPR. Using clients, providing a revealing window into an important com-
a series of field experiments, the authors analyze whether and ponent of EPR systems.
how recent technological advances in RFID tag design can Gui and colleagues (2013) present a detailed case study
help improve the feasibility of counting and/or separating waste of the implementation of EPR for WEEE in the State of

Lifset et al., EPR: National, International, and Practical Perspectives 163


S P E C I A L F E AT U R E O N E X T E N D E D P R O D U C E R R E S P O N S I B I L I T Y

Washington in the United States. In “Implementing Extended emphasizes cost-effectiveness in practice. They employ multi-
Producer Responsibility Legislation: A Multistakeholder Case level transition theory to characterize the complex interactions
Analysis,” they take a “deep dive,” revealing the complexity of among various agents in the evolution of the Chinese system
implementing EPR and the need to go beyond a reading of the from a focus on innovation to one of efficiency.
legislation to understand what drives programmatic and envi- In “Original Equipment Manufacturers’ Participation in
ronmental outcomes. They highlight the impact of the charac- Voluntary Product Take-Back Initiatives in Brazil: Engagement
ter of the electronics industry, long product lives, product and Levels, Determinants, and Deterrents,” Quariguasi Frota Neto
producer heterogeneity, and a multiplicity of stakeholders on and Van Wassenhove (2013) analyze the engagement of per-
those outcomes. sonal computer manufacturers in Brazil, where take-back of
computers discarded by consumers has not been fully mandated
by legislation. Based primarily on archival data collection meth-
National, State, and Provincial ods supplemented by interviews, the authors conclude that the
Approaches to Extended Producer level of manufacturers’ engagement in take-back initiatives is
Responsibility low compared to the situation in the United States. They high-
light the low residual values and low volume of returned com-
In “Extended Producer Responsibility in the United States:
puters, limited availability of recycling facilities, weak enforce-
Full Speed Ahead?” Nash and Bosso (2013) provide an infor-
ment of environmental law, and a small presence of pressure
mative and practical perspective on the development of EPR in
groups as factors that deter the participation of original equip-
the United States. The authors’ summary of the history of EPR
ment manufacturers. The authors provide recommendations
in the United States, along with different stakeholder perspec-
on how to enhance the situation in Brazil and identify areas in
tives and future challenges, help explain the structure of the
which further research is needed.
existing EPR legislation in the United States and its evolution.
In his column, “Extended Producer Responsibility for Pack-
They highlight the very limited role of the U.S. federal govern-
aging and Printed Paper in the United States,” Paul Gardner,
ment and the prominent role of the states and they describe a
the executive director of Recycling Reinvented, argues that
collection of state EPR laws of varying scope and design. The
consumer brand owners should take over 100% of the costs
authors argue this creates a natural laboratory for testing the
of collection and recycling of packaging and printed paper in
efficacy of a range of approaches. At the same time, they point
the United States (Gardner 2013). He points to a patchwork
out the limited levels of product recovery in both voluntary and
of more than 9,000 recycling programs across the country as
most mandatory take-back programs.
a key impediment to effective and cost-efficient recycling and
Hickle (2013), in his article “Comparative Analysis of Ex-
emphasizes EPR as pivotal to diverting valuable materials from
tended Producer Responsibility Policy in the United States and
landfill disposal.
Canada,” discusses the similarities and differences in the ap-
In “Canadian Extended Producer Responsibility Programs:
proaches taken on EPR-based policies in two nations in North
The Shift from Program Roll Out to Program Performance,”
America using the example of EPR for WEEE. The author iden-
Duncan Bury, long the lead in Environment Canada on EPR
tifies a number of concrete differences in the development (e.g.,
and now an independent consultant, maintains that the debate
the role of the central government as opposed to state/provincial
over whether EPR is appropriate and effective is largely over in
governments), design (e.g., the level of freedom given to indus-
Canada and instead the focus has shifted to the structure of EPR
try), as well as the implementation of EPR-based legislation
programs and the role of government oversight (Bury 2013). He
(e.g., the level of reliance on collective or individual respon-
describes the “EPR Canada Report Card,” an annual evaluation
sibility). He highlights factors contributing to the differences,
by EPR Canada, a partnership of EPR experts, intended to
including the level of competitiveness among business actors
benchmark, score, and monitor the activities of federal and
and differences in the role of the judiciary between national and
provincial governments with respect to EPR.
state/provincial governments. The author points to the poten-
tial for cross-jurisdicational learning and collaboration between
the two nations.
Conclusion
Tong and Yan (2013) ask what happens when EPR is trans-
planted from the developed countries where it originated to de- The research in this issue provides a snapshot of the devel-
veloping countries seeking to adopt “best practices.” In “From opment of EPR at the beginning of the third decade of this
Legal Transplants to Sustainable Transition: Extended Pro- policy strategy. It provides insights into how and why EPR has
ducer Responsibility in Chinese Waste Electrical and Elec- evolved into its current form and how it might evolve further
tronic Equipment Management,” they argue that China, as to achieve the goals its proponents have espoused. From a re-
a large producer and consumer of electronic products and a search perspective, however, what are really needed are answers
destination of e-waste flows from throughout the world, is an to some key questions. Given the dearth of EPR systems that are
important and revealing test case for EPR. They maintain that appropriately structured to generate incentives for eco-design,
there are two important threads in policy discourse and the im- there are empirical and conceptual puzzles. Why have so few
plementation of EPR: “EPR idealism,” which aims to engender jurisdictions not opted to create systems conducive to such in-
an innovation-oriented regime, and “EPR pragmatism,” which centives? And, given what is now known about the complexity

164 Journal of Industrial Ecology


E D I TO R I A L

of EPR implementation, what would such a system look like? mental Sustainability. Paris, France: Organization for Economic
Mayers and colleagues (2013) provide one answer, but more are Cooperation and Development.
needed. Dempsey, M., C. van Rossem, R. Lifset, J. Linnell, J. Gregory,
Another issue worth looking into is the potential of address- A. Atasu, J. Perry, A. Sverkman, L. N. Van Wassenhove,
ing waste prevention, such as reuse, via EPR. Some express M. Therkelsen, V. Sundberg, C. K. Mayers, and H. Kalimo.
2010. Individual producer responsibility: A review of practi-
concerns that while EPR may enhance recycling, it may dimin-
cal approaches to implementing individual producer responsi-
ish existing initiatives on reuse. Is it really the case? If so, how
bility for the WEEE Directive (October 27, 2010). INSEAD
could EPR be redesigned to better address the reuse of prod- Working Paper no. 2010/71/TOM/INSEAD Social Innova-
ucts? This is especially relevant when various governments— tion Centre. Available at http://ssrn.com/abstract=1698695 or
not least in Europe because of the mandate under the 2008 http://dx.doi.org/10.2139/ssrn.1698695.
EU Waste Framework Directive4 —seek to find concrete policy Driedger, R. 2001. From cradle to grave: Extended producer responsi-
measures to tackle waste prevention. bility for household hazardous wastes in British Columbia. Journal
A third set of questions revolves around outcomes. While of Industrial Ecology 5(2): 89–102.
there is a great deal of information about the levels of recy- Gardner, P. 2013. Extended producer responsibility for packaging and
cling achieved via EPR, there is not a commensurate knowl- printed paper in the United States. Journal of Industrial Ecology,
edge of the cost-effectiveness of this strategy. EPR opponents 17(2): 170–171.
Gui, L., A. Atasu, Ö. Ergun, and L. B. Toktay. 2013. Imple-
often argue that traditional approaches to recycling accom-
menting extended producer responsibility legislation: A mul-
plish as much or more at lower cost (e.g., SAIC 2012).
tistakeholder case analysis. Journal of Industrial Ecology, 17(2):
Yet we don’t actually have defensible numbers on costs and 262–276.
benefits. Hickle, G. T. 2013. Comparative analysis of extended producer re-
It is not surprising that there are few such analyses. The sponsibility policy in the United States and Canada. Journal of
data and accounting challenges in calculating and allocating Industrial Ecology, 17(2): 249–261
costs and benefits in EPR programs are truly daunting. EPR is Huisman, J. 2013. Too big to fail, too academic to function: Producer
used to manage a wide variety of wastes under vastly different responsibility in the global financial and e-waste crises. Journal of
approaches. Governments, producers, and PROs are often dis- Industrial Ecology, 17(2): 172–174.
inclined to expend the resources to collect the relevant data or Lifset, R. and T. Lindhqvist. 2001. Trust, but verify. Journal of Industrial
they object to disclosure of what they view as proprietary infor- Ecology 5(2): 9–12.
Lifset, R. and T. Lindhqvist. 2008. Producer responsibility at
mation. The fallback is usually to assess programs by comparing
a turning point? Journal of Industrial Ecology 12(2): 144–
the cost per ton of EPR systems as experienced by PROs. Yet the
147.
systems are conspicuously different in their scope and require- Lindhqvist, T. and R. Lifset. 1997. What’s in a name: Producer or
ments, so one cannot simply compare the cost per ton faced product responsibility? Journal of Industrial Ecology 1(2): 6–7.
by FOST Plus in Belgium for its packaging take-back system Manomaivibool, P. and S. Vassanadumrongdee. 2011. Extended pro-
to the one in Germany or Manitoba, Canada. Such compar- ducer responsibility in Thailand: Prospects for policies on waste
isons are truly misleading. If we really want to know if EPR electrical and electronic equipment. Journal of Industrial Ecology
makes sense and/or how it might achieve its very attractive 15(2): 185–205.
goals, we need much more data and consistent and transparent Mayers, C. K., C. M. France, and S. J. Cowell. 2005. Extended producer
accounting systems. Until we get that we will remain in the responsibility for waste electronics: An example of printer recy-
weeds. cling in the United Kingdom. Journal of Industrial Ecology 9(3):
169–189.
Mayers, K. and S. Butler. 2013. Producer responsibility organizations
Notes development and operations: A case study. Journal of Industrial
Ecology 17(2): 277–289.
1. For example, NWNA has funded the establishment of an advocacy Mayers, K., R. Lifset, K. Bodenhoefer, and L. N. Van Wassenhove.
organization, Recycling Reinvented, in the United States. 2013. Implementing individual producer responsibility for waste
2. See http://ec.europa.eu/environment/waste/weee/index_en.htm. electrical and electronic equipment through improved financing.
3. See, e.g., the IPR Works coalition (http://iprworks.org/). Journal of Industrial Ecology, 17(2): 186–198.
4. See http://ec.europa.eu/environment/waste/framework/index.htm. Nash, J. and C. Bosso. 2013. Extended producer responsibility in the
United States: Full speed ahead? Journal of Industrial Ecology,
17(2): 175–185.
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Wassenhove. 2013. Feasibility of using radio frequency identi-
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Lifset et al., EPR: National, International, and Practical Perspectives 165


S P E C I A L F E AT U R E O N E X T E N D E D P R O D U C E R R E S P O N S I B I L I T Y

Peagam, R., K. McIntyre, L. Basson, and C. France. 2013. Business-to- About the Authors
business information technology user practices at end-of-life in
the United Kingdom, Germany, and France. Journal of Industrial Reid Lifset is a resident fellow in industrial ecology in the
Ecology, 17(2): 224–237. School of Forestry and Environmental Studies at Yale Univer-
Quariguasi Frota Neto, J. and L. N. Van Wassenhove. 2013. Original sity in New Haven, Connecticut, USA. Atalay Atasu is an
equipment manufacturers’ participation in take-back initiatives assistant professor in the College of Management at the Geor-
in Brazil: Engagement levels, determinants, and deterrents. Jour- gia Institute of Technology in Atlanta, Georgia, USA. Naoko
nal of Industrial Ecology, 17(2): 238–248. Tojo is an associate professor in the International Institute
SAIC. 2012. Evaluation of extended producer responsibility for consumer for Industrial Environmental Economics at Lund University in
packaging. Final report. McLean, VA, USA: SAIC. Lund, Sweden.
Tojo, N. 2004. Extended producer responsibility as a driver for design change
– Utopia or reality? Doctoral dissertation, International Institute
Address correspondence to:
for Industrial Environmental Economics, Lund University, Lund
Reid Lifset
Sweden.
Tong, X. and L. Yan. 2013. From legal transplants to sustainable tran- Yale School of Forestry and Environmental Studies
sition: Extended Producer responsibility in Chinese waste elec- 195 Prospect St.
tronic and electrical equipment management. Journal of Industrial New Haven, CT, USA 06511
Ecology, 17(2): 199–212. reid.lifset@yale.edu

166 Journal of Industrial Ecology

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