ReMA

The Recycled Materials Association is a trade association representing the recycled materials

industry, including recyclers, brokers, and consumers of all packaging commodities: metals, plastic, paper, and glass.

Recommendations for Policymakers Developing Circular Policy & EPR for Packaging Policies:

1. Responsible End Markets (REM) criteria should minimize risk to end market entities while building public trust in recycling. Legislators should strive for program design that encourages every responsible entity to be verified as such so they can receive and process covered materials. REM criteria or audit processes that are not sensitive to recyclers’ risks and costs in participating in the program could decrease the available end markets for covered materials, raising costs and decreasing system resilience to ever-changing market dynamics. Minimizing recycler risk should include use of independent third parties to conduct audits, strong protections against disclosure of Confidential Business Information, use of existing certifications wherever possible to avoid duplicative audits or administrative processes, not including price or yield information as REM criteria, and using risk evaluations to determine the type and frequency of audit requirements. REM provisions should not become a de facto regulation of recycling operations beyond the standards their relevant jurisdictions have set for these operations or at a stricter level than their competitors who use virgin materials.

It is essential for policymakers to consider that many cornerstone end markets for packaging, such as steel mills for steel food cans, are not themselves reliant on packaging as a feedstock source, since the vast majority (97+%, in the case of steel) of their materials come from other sources such as end of life automobiles, construction materials or industrial scrap. These end markets may choose not to purchase covered materials because the cost or risk of doing so is too high relative to the value that material brings, weakening the resilience of the system that EPR is intended to support.

2. Fair market competition amongst all Responsible End Markets should be ensured.
‍All responsible entities should compete on an even playing field for recyclable material, without restrictions or prioritization by the PRO or state. The PRO should not be a market participant in any materials management beyond operation of hard-to-recycle depots and should be prohibited from operating as an end market entity. End market development must be careful not to choose winners and losers within a competitive market, and should focus on materials that lack viable end markets. Programs should not elevate any end market use over another; for example closed loop recycling (i.e. bottle-to-bottle) should not be prioritized or incentivized over open loop recycling (i.e. bottle-to-textile). Strong recycling markets depend on a wide range of end market uses for materials. This supports a competitive marketplace and a more resilient recycling system that can withstand variations in demand within specific end markets.

3. EPR policies should be carefully scoped to cover only post-consumer packaging and paper materials collected in residential settings.
‍All non-packaging, non-paper items, including those accepted by MRFs, (i.e. metal pots and pans or plastic storage containers) should be explicitly excluded for the sake of clarity. Post-industrial and post-commercial material should also be excluded.