Memo

Introduction and Background

Problem Statement
Waste residential latex paint is currently the largest volume waste collected by metropolitan household hazardous waste (HHW) programs (1.3 million pounds collected in 1997). The recycling/disposal costs for latex paint collected in 1997 was $270,000. In addition, significant costs were incurred for sorting, bulking, facility costs, etc.

In the 1980s, latex paint often contained mercury as a preservative, and presented disposal problems. For example, waste haulers would not accept disposal of liquid latex paint in household trash, and latex paint could not be disposed via a sanitary sewer.

Since 1990, when mercury was prohibited in interior latex paints, paint manufacturers have worked to produce a latex paint that is non-hazardous and an effective replacement for hazardous (petroleum based) products. Given these changes, part of the reason for product stewardship initiatives has already been addressed for paint as a product. However, liquid latex paint is still prohibited from disposal as mixed municipal solid waste due to the possible mobility of toxic materials via leaching that can occur with liquids (MN Solid Waste Rule Chapter 7035.2535, Subpart 1), and also cannot be disposed in a sanitary sewer (Met Council Waste Discharge Rules, 406.11). The changes in paint as a product have transformed the issues around paint management from a toxicity concern to a resource management concern.

For this reason, and because consumers often cannot distinguish between leftover or old latex and oil based paints, HHW programs continue to collect latex paint, (Minnesota Office of Environmental Assistance, Problem Material Plan II, Designated Problem Material, Table Es-1, B) and manage it using public funds.

One of the priorities for the SWMCB in the 1999 and 2000 work plans is to find new ways to address waste latex paint. The work plans were developed to achieve longer range goals of the SWMCB as expressed in the Regional Solid Waste Master Plan, adopted on December 16, 1998:

Intermediate Toxicity Reduction Outcome #6: The amount of waste latex paint will be reduced, and responsibility for management of remaining waste latex paint will shift from government to paint retailers and manufacturers.

In January 1999, the SWMCB approved the Latex Paint Policy Position which outlined goals and policies to guide the activities of a latex paint task force. This policy position was revised in April 1999 to reflect Task Force input (Attachment 1).

Creating the Task Force

The SWMCB, in conjunction with the Minnesota Office of Environmental Assistance (OEA), established a Task Force in 1999 to develop an approach to reach two goals:

• To reduce the amount of waste latex paint generated by residents; and
   
• To ensure that the parties who have the role of designing, producing, selling or using latex paint will assume responsibility for the costs of managing and recycling waste latex paint.

Latex paint producers, distributors, and retailers were invited to participate in the Task Force. The list of participating private sector entities at Task Force meetings included the following:

Businesses:
Hirshfields
Valspar
Sherwin Williams
Mills Fleet Farm
Sears
Glidden - ICI Paint
Target Company
Benjamin Moore & Company
Diamond Vogel Paints
Mautz Paint
Tru-Serve

Business associations and local retailers:
Minnesota/Dakotas Retail Hardware Association
National Paint and Coating Association
Minnesota Painting and Wallcovering Employers Association
Minnesota Retail Merchants Association
Northwestern Lumber Association
Denny & Kathy’s Ace Hardware

Recyclers and hazardous waste contractors:
Environmental Purification Industries
Amazon Environmental
Onyx Environmental
Safety-Kleen Corporation
Superior Special Services/Recyclights

Other private sector entities that provided information and input:
3E Company from California
Curbside, Inc. from California
Forrest Paints from Oregon
E-Coat Paint Production from California
Rustoleum Corp. from Illinois

Technical expertise to support the development of recycled paint specifications was provided by LHB Engineers and Architects, KKE Architects Inc., Architectural Alliance, and paint recyclers. Technical and other support were provided by the Minnesota Office of Environmental Assistance and the Minnesota Department of Administration as well as the counties.

Task Force meetings were held nearly every month from April 1999 through February 2000. Various aspects of the issues were researched, examined, and discussed at Task Force meetings, including public education, paint collection, paint processing and management, and markets for recycled paint.

Managing Residential Paint in Minnesota

Household Hazardous Waste (HHW) Collections
In 1998, Minnesota’s statewide HHW collection program consisted of 12 regional facilities (serving more than one county), 28 local facilities, 12 mobile facilities, and approximately 350 event collections, ranging from one day to several weeks at the same location. Government sponsored HHW programs have collected latex paint since these programs began in the mid-1980’s.

HHW management facilities are supported or funded by a single county or multiple counties, and are operated under guidelines produced by the Minnesota Pollution Control Agency (MPCA). Facilities may be publicly or privately-owned and/or operated, with funding from government sources such as property taxes or solid waste fees.

All metropolitan HHW programs manage paint as a potential resource, with preference given to reuse and recycling. No metropolitan HHW programs landfill or incinerate latex paint. (Metropolitan Solid Waste Management Policy Plan "Goal 2", Policy 5.2.2.7).

The following table shows the approximate amount of latex paint collected through metro programs from 1995 - 1998:

*Figures do not include Scott County

Demonstration Projects
Demonstration projects allow everyone involved in developing and using recycled paint to test and refine methods of collecting, processing and applying the paint. Establishing quality and parameters for using recycled paint is essential to creating demand. Four demonstration projects, utilizing 3,350 gallons of recycled paint, were completed prior to the Task Force being established. Hirshfield's Paint Manufacturing, the Office of Environmental Assistance, Hennepin County, the University of Minnesota, non-profit organizations and local architects, contractors and building owners carried out the following projects:

• The Hennepin County Public Works Facility used 1000 gallons of recycled paint.
• St. Paul Neighborhood Energy Consortium used 45 gallons of recycled paint in its new office space.
• Mississippi Market used 120 gallons of recycled paint in its new location in St. Paul.
• The University of Minnesota collected 950 gallons of paint from local painting contractors, working through the MN Painting and Wallcovering Association. The University applied 2000 gallons of recycled paint to its new Gateway Alumni and Visitors Center.
• The Metropolitan Council used 185 gallons of recycled paint in its new environmental lab building in St. Paul.
   

Task Force Recommendations

1. Market Based Approach

The business representatives and several government representatives on the Task Force felt strongly that a market-based approach be used to develop strategies for managing waste paint. Some felt that the existing system for collecting paint through county HHW programs is efficient and effective, and that the best way to reduce the burden on government is to reduce the cost to government by strengthening market demand for recycled paint. This sentiment was captured early in the Task Force proceedings through the creation of a Task Force mission statement:

In addition, some counties feel that paint is a "loss-leader" for county HHW programs, bringing in other more toxic household wastes along with the higher volume paint, and therefore would prefer to continue to collect paint.

Government and Institutional Markets
In the focus on market development, the first priority markets identified were government markets. Local and State governmental units, and institutions such as the University of Minnesota, purchase considerable amounts of paint for a variety of purposes, and could create more demand for recycled paint while acting as a model for environmentally conscientious procurement practices by increasing the use of recycled paint. For example, in Spring 1999, the University of Minnesota applied 2,000 gallons of recycled paint to its new Gateway Alumni and Visitors Center.

Government has some special needs for paint that could fit well with limitations associated with recycled paint in terms of color and quality, such as use in prisons and jails (color) and graffiti abatement (quality).

Other Markets
Other paint users, such as businesses, could be second-tier targets for market growth. The need for encouraging greater demand for recycled paint would be determined by the available supply of consistent quality paint. If all available recycled paint is procured through government and institutional markets, further efforts to strengthen demand for recycled paint would not be necessary.

2. Customer Education

The Task Force agreed on the importance of customer education to encourage more timely disposal of leftover paint, and to reduce problems associated with storage including freezing and contamination. This is a key strategy to improve the quality of left-over paint, and therefore, enhance the value of feedstock for recycled paint.

A Task Force subgroup comprised of manufacturers, retailers, and local and state government representatives developed education materials that were presented to the Task Force. The Task Force expressed support for the use of tear-off pads with paint care tips and a sticker that tells people not to let their paint freeze. These materials are the basis of a consumer education campaign that will take place mainly at the point of purchase in retail stores that sell paint.

Other uses for the jointly developed educational campaign include county advertising, trade or government newsletters, county HHW programs and reuse shelves.

3. Evaluation of Task Force Recommendation Outcomes

Since the Task Force recommendations rely upon the effectiveness of a market-based approach for achieving SWMCB goals regarding the management of leftover latex paint, evaluation of the results of this approach is imperative. The results anticipated include:

The Task Force recommends suspension of meetings of the full Task Force for one year while recommendations are implemented and results are measured. The Task Force will meet again in early 2001 to review progress. If progress is not adequate, the Task Force should consider other strategies for achieving outcomes, including developing legislative positions to increase product stewardship for paint.

4. Other Recommendations

The Task Force considered collection options for discarded paint, including examination of the existing, county-sponsored programs. While other options such as retail take-back, and drop off at recyclers’ locations were discussed, the Task Force expressed the view that the existing system for collecting paint through county HHW programs is efficient and effective given current conditions.

Summary of How Recommendations address SWMCB Policies

Summary of SWMCB Policies and Latex Paint Task Force Recommendations

Attachment 1:

Solid Waste Management Coordinating Board Latex Paint Policy Position

Approved on January 27, 1999
Revised April 14, 1999

Introduction

Waste residential latex paint is currently the largest volume waste collected by metropolitan household hazardous waste (HHW) programs (1.3 million pounds collected in 1997). The recycling/disposal costs for latex paint collected in 1997 was $270,000. In addition, significant costs were incurred for sorting, bulking, facility costs, etc. Following State and Solid Waste Management Coordinating Board (SWMCB) product stewardship guidelines (Metropolitan Solid Waste Management Policy Plan, Policies 5.1.2.4, 5.2.2.7, and Regional Solid Waste Master Plan, Intermediate Toxicity Reduction Outcome #6), the Latex Paint Project Team is seeking a shift of public funding/government responsibility to the producers of paint, for waste residential latex paint.

Background

Government sponsored HHW programs have collected latex paint since these programs began in the mid-1980’s. At that time, latex paint often contained mercury as a preservative, and presented disposal problems. For example, waste haulers would not accept disposal of liquid latex paint in household trash, and latex paint could not be disposed via a sanitary sewer.

Since 1990, when mercury was prohibited in interior latex paints, paint manufacturers have worked to produce a latex paint that is non-hazardous and an effective replacement for hazardous (petroleum based) products. However, liquid latex paint is still prohibited from disposal as mixed municipal solid waste (MN Solid Waste Rule Chapter 7035.2535, Subpart 1) and cannot be disposed in a sanitary sewer (Met Council Waste Discharge Rules, 406.11).

For these reasons, and because consumers often cannot distinguish between leftover or old latex and oil based paints, HHW programs continue to collect latex paint, (Minnesota Office of Environmental Assistance, Problem Material Plan II, Designated Problem Material, Table Es-1, B) and manage it using public funds.

All metropolitan HHW programs manage paint as a potential resource, with preference given to reuse and recycling. No metropolitan HHW programs landfill or incinerate latex paint. (Metropolitan Solid Waste Management Policy Plan "Goal 2", Policy 5.2.2.7).

SWMCB Approach

Due to the high costs for managing latex paint and the need to continue to manage this waste properly and resourcefully (Minnesota Statute 115A.02), the SWMCB has established the Latex Paint Project Team. Team members are HHW program managers from the metropolitan area, along with staff from the Minnesota Pollution Control Agency and the Minnesota Office of Environmental Assistance. The Team’s mission is as follows:

Mission of Latex Paint Project Team

To develop a project stewardship* approach for managing waste latex paint in an environmentally and cost effective method, by implementing the following goals:

Goals:

• The parties and government will develop source reduction education messages and strategies resulting in behavior change regarding latex paint.
• The parties will assume responsibility for the costs of managing and recycling waste latex paint.

*Product stewardship means that all parties who have a role in designing, producing, selling or using a product shall assume responsibility for the environmental impacts of a product throughout its life (Office of Environmental Assistance, 12/1/98). The term "parties" used in this position paper refers to those involved in the role of the design, production, selling or use of latex paint.

The first step of the Latex Paint Project Team is the establishment of a Latex Paint Task Force, comprised of the Team and representatives of those parties involved in the manufacture, distribution, sale, and use of latex paint. Listed below are several policies that will guide this effort.

Policies

The following policies guide the activities of the Latex Paint Task Force as stated above:

Policy #1.
The amount of waste latex paint will be reduced.

• The Latex Paint Task Force will develop and implement a public education campaign to reduce waste paint.

Policy #2.
Households will have convenient opportunities to properly manage waste latex paint.

• HHW sites may continue to collect waste latex paint from households since the infrastructure exists for its collection and the collection of waste paint increases collection of all other types of HHW.
• Additional collection sites, such as retail locations, are encouraged.

Policy #3.
Waste latex paint will be reused or recycled.

• Waste latex paint will be managed as a resource, according to the Minnesota waste hierarchy, and with an emphasis on closed-loop recycling. Management preference will be given to waste reduction, reuse and then to recycling. Examples of potential products made with post consumer recycled latex paint include reblended paint, remanufactured architectural post-consumer content paint, rubber compounds, automotive sealant, acrylic resins, caulk, etc. In no case shall noncontaminated waste latex paint be burned, incinerated or landfilled. The Latex Paint Project Team shall provide technical assistance as needed.
• Where feasible, government will purchase and use latex paint and other recycled paint products containing at least 10% post-consumer latex paint.

Policy #4.
Government will no longer pay for the costs of managing latex paint collected through HHW programs.

• The parties will develop a plan that achieves the policy objectives by February 1, 2000. The Latex Paint Project Team may assist with this, as needed.

Policy #5.
The SWMCB will give preference to voluntary approaches for developing solutions for managing the waste latex paint problem. The SWMCB will seek legislation in collaboration with other governmental units only if voluntary approaches do not successfully shift responsibility to producers.