New Initiatives to Combat Marine Plastics Pollution Russ LaMotte, - - PowerPoint PPT Presentation

Thursday, October 4, 2018

Garden Court Hotel| Palo Alto, CA

ICT Environmental, Sustainability

and Supply Chain Counsel Roundtable

New Initiatives to Combat Marine Plastics Pollution

Russ LaMotte, Beveridge & Diamond, P.C. Ellen Jackowski, HP Inc.

Overview

• Circular economy
• Marine plastics pollution
• EU Plastics Strategy
• China’s import ban and related developments
• New Basel Convention initiatives on plastic waste
• Issues to watch going forward
• Company initiatives and strategies

The Circular Economy

What is the Circular Economy?

Minimize waste generation and maintain value of products and materials Product design

• Reparability & reusability
• Durability
• Upgradeability
• Recyclability

Sustainable sourcing

• Raw materials
• Improve market for secondary materials

Consumption

• Green claims
• Labeling
• Procurement incentives

Waste management

• Expand EPR regimes
• Improve recycling rates
• Reduce landfilling

Sources of Ocean Plastics?

Leakage into the Ocean

Challenges for Plastics Management

• Not all plastics can be recycled together

– Diversity of plastics (resins, colors) – Stream contamination

• Tracing chemicals of concern
• Economics
• Lack of infrastructure
• Scale/nature of the problem

EU 2018 Circular Economy Package

Council has adopted Four Legislative Proposals

New legislation am ending existing EU Directives:

• Directive on waste
• Directive on the landfill of waste
• Directive on ELV/ Batteries/ WEEE
• Directive on packaging waste

EU 2018 Circular Economy Package

New Tools in January 2018 to Implement Circular Economy Action Plan

EU Strategy for Plastics in the Circular Economy By 2030, all plastics packaging should be recyclable Identifies need for legislation to reduce impact of single-use plastics Interface of Chemicals, Product and Waste Legislation Assesses how rules on waste, products and chemicals relate to each other. Monitoring Framework on Progress Towards Circular Economy Identifies ten key indicators to cover each phase

• f circular

economy Report on Critical Raw Materials and Circular Economy Highlights potential to make use of the 27 critical materials in the economy more circular

EU Plastics Strategy

• Released January 2018
• New plastics economy vision for 2020
• Pledging campaign
• Adding microplastics to REACH
• Tracing chemicals from electronics in

recycled streams

• Public procurement for plastics
• Single Use Plastics

Proposal for Single-Use Plastic Directive

Released May 28, 2018; subject to ongoing negotiations

Categories of single-use plastics

• Cutlery, plates, straws, stirrers
• Food containers
• Beverage cups and containers
• Bags
• Food packets and wrappers
• Wet wipes and sanitary items
• Tobacco products
• Balloons and balloon sticks
• Cotton buds
• Others …..?

Potential Control Measures

• Ban
• Extended producer responsibility
• Awareness-raising
• Labelling
• National consumption reduction
• Product design requirement
• Collection target

Waste Import Control Catalogues and China’s “Foreign Garbage” Import Ban

April 1 9 , 2 0 1 8

• Decem ber 3 1 , 2 0 1 8 : Imports

prohibited:

• Industrial source waste plastic

scrap August 1 6 , 2 0 1 7

• Decem ber 3 1 , 2 0 1 7 : Imports

prohibited:

• Non-industrial source (including

household) waste plastic scrap

International Activity on Ocean Plastics

• United Nations Environment Assembly

(UNEA) expert working group declaration

• Basel COP Decisions and Open-Ended

Working Group 2018-2019 work program

• G7 Declaration
• G20 Action Plan on Marine Litter
• GEF 7 Strategy development

UNEA Expert Group

• Declaration in December 2017
• Open-ended ad hoc expert group on marine litter and

microplastics

– 1st meeting in May 2018 – 2nd meeting in November 2018

• Considering existing mechanisms (Basel, Stockholm, SAICM,

etc.) and potential for a new global governance structure to address marine plastics

G7 Ocean Plastics Charter

• Signed by Canada, France, Germany, Italy, the UK and the EU in June 2018;

US and Japan did not sign

• Also signed by the Circular Economy Leadership Coalition
• Commitments include:
• Work with industry towards 100% reusable, recyclable, or recoverable plastics by 2030.
• Work with industry and other levels of government to recycle and reuse at least 55% of plastic

packaging by 2030 and recover 100% of all plastics by 2040.

• Work with industry towards increasing recycled content by at least 50% by 2030.
• Significantly reduce the unnecessary use of single-use plastics.
• Use tools like green public procurement, product stewardship, labeling requirements,

industry leadership initiatives, data collection, and public awareness campaigns.

Basel Mandate on Plastics

Basel COP 13 (2017) included marine plastic litter and microplastics in work programme of OEWG for 2018-2019

. . .consider relevant options available under the Convention to further address marine plastic litter and microplastics, taking into account, inter alia, the assessment requested by the United Nations Environment Assembly of the United Nations Environment Programme in its resolution 2/11, any relevant resolution by the Environment Assembly at its forthcoming third session and existing guidance documents and activities under the Basel Convention that address issues related to marine plastic litter and microplastics, and develop a proposal for possible further action, within the scope of the Convention and avoiding duplication with activities relating to the matter in other forums, for consideration by the Conference of the Parties at its fourteenth meeting.

Original Norway Proposal (Summer 2018)

List plastic waste “other waste” on Annex II: “waste and scrap from plastic and mixed plastic materials and mixtures of waste containing plastics, including microplastic beads”

All plastic wastes subject to control and non-party trade ban

Delete entry on plastics in Annex IX (presumptively non-hazardous list)

Variability at national level re whether plastic wastes should be treated as hazardous

OEWG September 2018 – Key Outcomes on Plastics

Norway Annex II – Other Wastes

Mixed reception by governments Norway will propose slightly narrowed text Will be debated at COP in 2019

Norway Annex IX – Non-Hazardous Listing

Mixed reception by governments Norway to propose revised waste listing Will be debated at COP in 2019

New Plastics Partnership

Broad support by governments Draft decision and terms of reference

• pen for comment

Will likely be launched at COP in 2019

EU - Add chemicals to Annex I to move some plastics to hazardous waste

Not fully developed proposal Will be discussed with

• ther proposals on

plastics in pre-existing EWG on Annexes Will not be ready for debate at COP in 2019

New Plastics Partnership Emerging

• Likely to be modeled on other

partnerships

– Mobile Phones (MPPI) – E-Waste (PACE)

• Opportunities for active
• bserver role

– Industry – US Government – NGOs

• Draft COP decision, mandate

and terms of reference open for comment

• Will be negotiated and likely

adopted May 2019

• Currently very broad
• Capacity building
• New guidance and listings?

Plastic Waste Listing Negotiations

Hazardous Waste Other Wastes Annex IX

• Proposed changes to

Annex I constituents and categories

• Negotiations on Annex

III characteristics

• Proposals for threshold

limit values on constituents

• Full Basel controls and

trade bans apply

• Subject to future OECD

to non-OECD trade ban

• Norway proposal for

plastics to be listed in Annex II

• Parties not receptive to

listing all plastics in Annex II

• Narrower listing?
• Basel controls apply
• Ban on trade with U.S.

(non-party)

• Not covered by future

OECD to non-OECD trade ban

• Norway proposed deleting

current Annex IX listing for plastics

• Parties appear supportive of

keeping some plastic wastes on Annex IX

• Watch for revised Norway

proposal

• OEWG has recommended that

the COP consider revisions

• Recognized as outside the

Convention

• Most beneficial to circular

economy

Key Next Steps

Early October: Revised Texts from Norway 10/31/18 Comments on draft COP Framework Decision on Marine Plastics 12/11/18 Meeting

• f EWG on Annex

Amendments (Buenos Aires) 12/17/18 Comments on draft Terms of Reference for Plastics Partnership End of April 2019: COP Meeting (Geneva)

Looking Ahead – Key Work Streams

• EU policies and legislation highly influential
• Anticipate new bans on “single-use” plastics … defined as??
• New Basel listings will likely restrict trade in some waste

plastics

• Watch for new initiatives out of G-7 and UNEA

Company Responses?

• Identify plastic streams at risk

– Virgin sources of plastics – Plastic products – Waste streams

• Differentiate among plastics

– Recyclable – Recycled – Bio-based?

• Pressure for new commitments

– Stories vs. commitments vs. product claims

Discuss Company Responses

Questions? Thank you!

Ellen Jackowski HP Sustainable Impact

PLANET PEOPLE COMMUNITY

SUSTAINABLE IMPACT

Dave Packard quote

“The betterment of our society is not a job to be left to a few. It is a responsibility to be shared by all.”

• Dave Packard

HP CLOSED LOOP RECYCLING

Ink is bought and used Empty cartridges are returned to HP HP sorts and shreds materials Recycled cartridge plastic is strengthened with recycled bottles and hangers HP makes original HP cartridges with recycled plastic

HP CLOSED LOOP RECYCLING

Ink is bought and used Empty cartridges are returned to HP HP sorts and shreds materials Recycled cartridge plastic is strengthened with recycled bottles and hangers HP makes original HP cartridges with recycled plastic

1 million bottles a day!

Kept out of landfill:

• 784 million HP cartridges
• 86 million apparel hangers
• 4 billion postconsumer plastic

bottles

SUPPLY CHAIN INNOVATION

FOR SUSTAINABLE IMPACT

HAITI VIDEO WILL PLAY HERE

THANK YOU

Next Meeting

Data Centers

April or May 2019 Austin, TX

2018 Fall ICT Environmental, Sustainability and Supply Chain Counsel Roundtable

Russ LaMotte rlamotte@bdlaw.com Rick Goss rgoss@itic.org Paul Hagen phagen@bdlaw.com Ellen Jackowski ellen.jackowski@hp.com Lauren Hopkins lhopkins@bdlaw.com