DEP sets timeline for Packaging Stakeholder meetings

The Department of Environmental Protection (the Department) will conduct a series of stakeholder meetings addressing rulemaking topics for 38 MRS 2146 Stewardship program for packaging beginning December 2022.  The Department has divided rulemaking into the following topic areas, each serving as a subject for at least two separate stakeholder meetings:

1. Producer exemptions – December 2022
   1. Perishable food, section 2D
   2. Federally regulated products, section 13D
2. Municipal reimbursement – January 2023
   1. Defining similar municipalities, section 13A3
   2. Determining municipal reimbursement, section 13A4
3. Recyclability, auditing, and program performance – March 2023
   1. Determining readily recyclable, section 13A2
   2. Defining of recycling, section 1R
   3. Audit requirements, section 13A6
   4. Program performance assessment, section 13A5
4. Education and investment – April 2023
   1. Education, section 13A8
   2. Infrastructure, section 13A8
5. Payments and reporting – July 2023
   1. Producer payments, section 13A1
   2. Alternative collection programs, section 13A1
   3. Stewardship organization reporting, section 13A7

For each topic, the first meeting will provide stakeholders an opportunity to outline their perspective, as well as suggest specific language.  Attendees who plan to speak at the first meeting, for any topic, will be asked to RSVP because speaking time will be contingent on the number of speakers anticipated. During that time, the Department will also ask speakers to provide written comments to ensure stakeholders’ contributions are logged wholly and accurately.  The first meeting round of commentary will allow all stakeholders to become familiar with each others’ perspectives and needs, and the second meeting will allow for discussion on how varying needs can be appropriately considered during rulemaking. For more complex topics, the Department anticipates additional focus-meetings may be necessary and plans to schedule those as needed.   Conducting stakeholder meetings in this format will allow for a robust set of draft rules to be submitted to the Board of Environmental Protection for the initiation of the formal rulemaking process in December 2023.

In effort to accommodate all parties invited, stakeholders may attend meetings in person or virtually.  The Department will share specific dates and logistics on its EPR Program for Packaging website at least one month prior to the initial meeting for each topic.  Topic-specific introductory material will also be made available at this time since collecting solicited ideas and concerns is precedent during stakeholder meetings.  Questions relating to general understanding or interpretation of the law can be addressed outside of the times designated for stakeholder meetings, in order to focus the limited meeting time on gathering stakeholder input.

Thank you for your interest and participation. Please continue to direct questions and concerns to MainePackagingEPR@maine.gov.