The March Solid Waste Working Group (SWWG) meeting covered a lot of ground - from national policy approaches like Extended Producer Responsibility (EPR) to the very real challenges of managing hard-to-recycle items like vapes. Here’s a clear, practical rundown of what we heard and what it means for New Hampshire communities.
EPR 101 with the Product Stewardship Institute
We started with a presentation from Scott Cassel, Founder and CEO of Product Stewardship Institute (PSI), a national nonprofit that works with state and local governments on solutions for consumer products and packaging.
A key focus: Extended Producer Responsibility (EPR).
EPR shifts responsibility for managing products at the end of their life back to the producers. Instead of municipalities and taxpayers carrying the full burden, producers help fund and manage collection and recycling systems.
Some key takeaways:
- There are currently 146 EPR laws covering 21 product categories across 35 states.
- Common EPR products include paint, batteries, mattresses, mercury-containing products, vapes, and packaging.
- EPR programs are often funded through fees paid at the time of purchase (for example, a small fee on a paint can that covers recycling later).
A question came up about paint EPR—specifically, why residents should pay for a service they might not use. The response: most paint purchases don’t get used completely (often about 10% remains), so the system ensures there’s a safe, consistent way to manage that leftover material.
There was also discussion about:
- Cost internalization (building costs into the product price) vs.
- Visible fees (line-item charges to consumers)
Both approaches - neither of which are a tax - aim to fund end-of-life management, just in different ways.
Tackling Vape Waste with TerraCycle
Next, we heard from Gill German and Kevin Flynn of TerraCycle, who presented on building a national solution for hard-to-recycle materials—especially vapes and e-cigarettes.
Here’s the reality:
- Vapes contain plastics, metals, lithium-ion batteries, and nicotine (a hazardous waste).
- Current systems—both regulatory and operational—aren’t well designed to handle these complex items.
- This gap is leading to non-compliance, safety risks, and confusion.
TerraCycle has been running a vape recycling program in Australia for three years and is now applying those lessons in North America.
Their proposed solution:
- A prepaid shipping program for collecting used vapes
- Centralized disassembly and material recovery
- Use of the household hazardous waste (HHW) exemption for residential materials
- Potential lower costs compared to traditional HHW programs
What happens to the materials?
- Used devices are sent to Tennessee for manual disassembly
- Metals and plastics are recycled
- Batteries are sent to Georgia for specialized recycling
- Nicotine (about 16% by weight) is incinerated
- Unused vapes may be processed mechanically in Texas through a wet shredding system, with resulting wastewater treated as hazardous waste
Why this matters:
- Could provide a more predictable and accessible disposal option
- May reduce compliance risks for facilities
- Helps address fire risks tied to lithium-ion batteries
- Could lower long-term costs and liability
A Quick (But Important) NH Regulatory Note
New Hampshire’s rules around hazardous waste can be confusing, so this came up during discussion:
- Residents can legally throw some hazardous items in the trash (like nicotine-containing materials), unless another regulation applies.
- Facilities, however, must manage those same items as hazardous waste once they’re received.
For example:
- A resident could throw away the nicotine portion of a vape at home.
- But if they bring it to a transfer station, it must be handled as hazardous waste.
- Lithium-ion batteries are never allowed in the trash—by anyone.
This disconnect is part of what makes materials like vapes so challenging to manage.
NHDES Updates
Updates from the New Hampshire Department of Environmental Services (NHDES) included:
- A second round of SWIFR funding is expected, with approximately $626,000 to be distributed
- A statewide food waste study is underway and expected to be released in June
- Ongoing rulemaking updates, including work related to the solid waste facility surcharge
PaintCare Update
At the time of the March meeting, the PaintCare bill had passed both the House and Senate with bipartisan support and was headed to the governor’s desk.
However, shortly after the meeting, the bill was vetoed, based on a misconception about the aforementioned EPR fee structure, which was construed as a tax.
Looking Ahead
The next Solid Waste Working Group meeting will take place:
April 24 | 9:30–11:30 AM at the NHDES building - as always, it is open for public viewing.