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Climate Monitor


A weekly roundup of Maine's most urgent environmental and energy-related news from The Maine Monitor.

December 16, 2022

Industry reps argue for exemptions at first packaging stakeholder meeting

By Kate Cough


And they're off: Maine formally launched its attempt to figure out what to do with all those non-recyclable and semi-recyclable plastics that have flooded our homes in recent decades.


It's called "extended producer responsibility" (EPR) for packaging. A state law passed last year aims to shift the cost of recycling packaging from taxpayers to companies and encourage better packaging design along the way. 


At last week's hour-and-a-half long meeting, environmental advocates, residents and business focused on which materials should be exempt from the new regulations. Representatives from the pharmaceutical and plastics industries argued that federally-regulated packaging, like pharmaceutical containers, pressurized cylinders, pesticide and medical containers should not be subject to the new rules.


"Those materials - say pesticides - should not go into recycled content stream for something that comes in contact with food," said Andrew Hackman, a lobbyist speaking on behalf of packaging industry group Ameripen.


Proponents of exemptions pointed out that other states that have enacted EPR legislation, like Oregon and California, have exempted packaging for things like medical devices and prescription drugs, and wondered whether companies would stop selling certain goods because of the additional cost.


"Will Maine consumers be prevented from accessing perhaps vital products because of the cost of participating?" Asked Curtis Picard, President of the Retail Association of Maine.


Advocates of the legislation pushed back.


"On the contrary, I think this waste is exactly the kind of material Maine and every other state contemplating EPR legislation should look for to promote its physical and digital circularity," said Thomas Pizzuto, former pharmaceutical executive and founder of DecomRx, which aims to make it easier to recycle pharmaceutical containers by transforming information like serial and lot numbers. 


Claims of contamination, at least in terms of old drug containers, are overblown, he added: "The EPA [Environmental Protection Agency] recently developed guidelines regarding empty pharmaceutical containers and determined that any residue is nominal and is not considered hazardous."


Industry representatives dodged questions on who they thought should pay for the disposal of packaging if it were to be exempt from the new rules.


"The material that in your products that's coming into Maine's communities is still going to be in Maine's municipal waste stream," Sarah Nichols, sustainability director at the Natural Resources Council of Maine, asked Ginny Stiller of the Animal Health Institute. "And if the people that you represent are not paying for that, who do you think is the right responsible party who should be paying for the management of that material?"


Stiller deferred, saying she thought it was a "great question" and that she would be happy to continue the conversation via email.


"Exemptions are antithetical to the whole idea behind producer responsibility," said State Sen. Nicole Grohoski, D-Ellsworth, lead sponsor of the law, which does include exemptions for small producers (less than $2 million in gross annual revenue) as well as items already covered under product stewardship laws, such as bottles and paint cans.


Grohoski and Nichols also urged the DEP to move up its timeline for the program, arguing that selection of a stewardship organization could happen in parallel with the discussion on exemptions.


"We know that municipalities and taxpayers really need relief," said Grohoski. "They're currently shouldering the burden of managing all of this waste on their own."


The group is scheduled to meet next on Dec. 22; you can register here and read background and comments here.


Coming Sunday:: Marina Schauffler concludes her excellent series on "forever chemicals" known as PFAS by totaling the costs of cleanup and mitigation here in Maine. It's in the millions. We also will learn about the legal battles underway to determine who will pay the cost. You can read her previous coverage here.


And in case you missed it, last week I wrote about the problems with FEMA's flood maps, which in some cases are decades old and don't account for climate change issues like sea level rise and heavy rains.

Note: Annie Ropeik and I are alternating Climate Monitor duties for at least the rest of this month, so you'll hear from her next week!

In other Maine news:

 

Lobsters:

Whole Foods plans to pull Maine lobster from its shelves amid a debate about its sustainability.


Salmon:

The Atlantic Salmon Foundation’s work to help restore the fish to the Penobscot River will receive a big boost thanks to a $7.5 million grant.


Clams:

Volunteers are trying to renew Gouldsboro’s clam flats, wiped out by warming waters and green crabs.


Heat pumps & EVS:

Maine Public Utilities Commission approves lower rates for heat pumps and EVs.


Zoning:

Maine’s Land Use Planning Commission approves a new zoning plan that Moosehead Lake stakeholders and members of the state’s environmental community say will protect the outdoor recreation region from sprawling development plans.


Heating:

An alternative to Gov. Mills' heating assistance package has been proposed in the Legislature.


Cadillac Mountian:

Forget the views: scientists say Cadillac Mountain is a prime spot for studying climate change.


Loons:

Annual loon count finds more chicks on Maine lakes.


Electricity:

Public Advocate seeks electricity rate relief.


Local action:

A Climate to Thrive looks to make solar power affordable for MDI residents.


Utilities:

CMP, Versant both score last in satisfaction survey of utility customers.


Dam:

Risk of breach at Branch Lake Dam prompts emergency repairs.


Wood stoves:

A Down East lawmaker hears more complaints of insurers dropping homes with wood stoves.


Trees:

In a northern mixed-wood forest, each tree species finds its most favorable micro-topography to thrive.


Solar:

Maine solar projects get $80 million in USDA loans.


Cod:

Fishermen, regulators hope new plan will revive cod population.


Cruise ships:

An industry organization indicates that it will likely sue over new cruise ship disembarkation limits in Bar Harbor.


Fish farm:

Jonesport planners conditionally approved an application from Dutch company Kingfish for a multi-million dollar land-based fish farm on 94 acres on the shore of Jonesport’s Eastern Bay, three years after it was first presented.

Thanks for reading. See you next week.


Annie Ropeik is a freelance environmental reporter based in Portland and a board member with the Society of Environmental Journalists. You can reach her at aropeik@gmail.com or @aropeik, or at her website.


Kate Cough covers energy and the environment for The Maine Monitor. She's a graduate of Columbia University and an 8th generation Mainer born in Portland who's now decamped Downeast. You can reach her at kate@themainemonitor.org or @kaitlincough.


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