California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 6 - Regulatory Responses › Section 69506.7 - End-of-Life Management Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Applicability. A manufacturer of a
				  selected alternative, or a Priority Product for which an alternative is not
				  selected, that is sold or otherwise made available to consumers as a finished
				  product and is required to be managed as a hazardous waste in California at the
				  end of its useful life, shall comply with the requirements of subsection (c)
				  except as otherwise provided under subsections (d) and (e).
(b) Manufacturer Collaboration Option. A
				  manufacturer may individually fulfill the requirements of this section, or may
				  join with other manufacturers to form a non-profit third-party product
				  stewardship organization, funded by participating manufacturers, to fulfill the
				  requirements of this section on behalf of the participating
				  manufacturers.
(c) End-of-Life
				  Program Requirements. No later than the date specified by the Department in the
				  final regulatory response determination notice for the product, or no later
				  than the date the product is first placed into the stream of commerce in
				  California, whichever is later, the manufacturer shall establish and maintain
				  an end-of-life management program for the product. The program must comply with
				  all of the following requirements:
(1) A
				  comprehensive product stewardship plan must be developed and maintained, after
				  the plan is submitted to and approved by the Department. If the Department
				  disapproves the plan, it shall notify the manufacturer in writing, identify
				  what is necessary to correct deficiencies in the plan, and specify a due date
				  for submission of a revised plan. If the plan is not resubmitted by the due
				  date or does not address all of the deficiencies, the plan will be considered
				  to be non-compliant with this section.
(2) Each product stewardship plan must
				  include:
(A) A list of, and contact
				  information for, participating manufacturers, importers, and other
				  participating persons.
(B) The
				  scope of products and brands to be covered by the plan.
(C) The roles and responsibilities for
				  manufacturers, importers, assemblers, retailers, consumers, and government
				  throughout the life cycle of the product, and identification of retailers
				  and/or assemblers who have agreed to participate in the program.
(D) Identification and description of
				  collection systems that will be used.
(E) End-of-life management information that
				  describes the steps that will be taken to ensure compliance with all applicable
				  federal and California State and local laws, and that addresses any adverse
				  multimedia impacts.
(F)
				  Identification of anticipated resources needed to implement and sustain the
				  plan, which must ensure that the end-of-life management program is maintained
				  for sufficient time to be available at the end-of-life for the last covered
				  product, and all previous covered products, that the manufacturer places into
				  the stream of commerce in California. An estimate of the annual and total
				  long-term program costs shall also be identified in the plan, along with the
				  information, assumptions, calculations, and any models used to develop the cost
				  estimate.
(G) The funding mechanism
				  to cover, but not exceed, the costs identified in subparagraph (F). This
				  requirement shall be satisfied by whichever of the following means is
				  applicable:
1. If the end-of-life management
				  program will be administered by a non-profit third-party product stewardship
				  organization under subsection (b), the plan shall describe how the organization
				  will collect operating revenues in an amount necessary to cover, but not
				  exceed, the costs identified in subparagraph (F). This shall include the method
				  and calculations used to determine how much each participant will
				  contribute.
2. If an individual
				  manufacturer is administering and funding its own end-of-life management
				  program, the manufacturer shall provide a financial guarantee that will ensure
				  that adequate funding is available to cover the costs identified in
				  subparagraph (F).
(H)
				  Program performance goals, which shall be quantitative to the extent feasible,
				  for:
1. Increasing the capture rate of covered
				  products at the end-of-life; and
2.
				  Increasing recyclability and recycling rate.
(I) A description of how each program goal
				  will be achieved.
(J) Public
				  education, outreach, and communications plans.
(K) A description of public and stakeholder
				  consultation activities during preparation of the plan, which shall include, at
				  a minimum, provision of thirty (30) days for the public to comment on the
				  proposed product stewardship plan through the manufacturer's website. The
				  manufacturer shall transmit to the Department all comments received concurrent
				  with submittal of the plan.
(L) A
				  description of public and stakeholder consultation activities for review and
				  updating of the plan, which shall occur no less frequently than
				  annually.
(M) Reporting and
				  evaluation procedures.
(3) The product stewardship program and plan
				  for collecting and, if applicable, recycling the product shall be developed in
				  consultation with California retailers and other owners/operators of
				  prospective collection sites.
(4)
				  The manufacturer shall provide its product stewardship plan to the Department
				  for review and approval, post a copy of the product stewardship plan on its own
				  website, and provide that link to the Department for posting on the
				  Department's website.
(5) The
				  manufacturer of a product subject to this section shall provide an annual
				  report to the Department. The annual report is due one (1) year from the date
				  the end-of-life management program is required to be implemented, and annually
				  thereafter. The report must include, by total tonnage:
(A) The quantity of products placed into the
				  stream of commerce in California over the previous one-year period;
				  and
(B) The quantity of products
				  recovered over the same one-year period.