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In 2023, Vermont became the first state to enact an extended producer responsibility (EPR) program for household hazardous products (HHP). This EPR law, adopted as 10 V.S.A. § 7181 et seq., seeks to address rising costs that Vermont municipalities encounter while collecting and managing hazardous consumer waste as required under state law. The law and pending program plan cover discarded consumer hazardous products, such as aerosols, cleaning products, dyes, motor oil containers, and more. Producers of products covered under the law selling these products in or into Vermont should be aware of future program requirements and opportunities to engage with the Vermont Agency of Natural Resources (ANR) during program development.
Under the law, producers of covered HHPs were directed to complete steps on or before July 1, 2025. One requirement under the law directed producers to form a stewardship organization (SO) to implement and oversee the program and alternatively directed ANR to adopt and administer the program if an SO was not successfully formed by the deadline. HHP producers did not form an approved SO by July 1, 2025, and ANR thus assumed responsibility for developing and implementing the program plan. Producers will have other opportunities to form SOs. Act 158 of 2026, which primarily addresses EPR for beverage containers, amends the HHP EPR law to allow producers to create an SO for a class of HHPs starting July 1, 2027.
Compliance Requirements
The first compliance deadline affecting producers within the program’s scope was a requirement to register with ANR by November 1, 2025. Producers are obligated to reregister each year on or before July 1. Producers can register for the program through a form on ANR’s HHP website. Manufacturers not registered with ANR are prohibited from selling HHPs in or into Vermont.
Draft Program Plan
ANR’s draft program plan includes the following four sections:
- Introduction and Collection Plan Term: This section provides background on the EPR law and the SO process, as well as the terms of the plan. Additionally, it outlines two contracts that ANR, in its role as SO, awarded to companies to assist with data gathering, producer registration, and fee collection.
- Participating Manufacturers and Covered Products: This section explains the registration process and registration timeline. It also provides producers guidance to help determine whether products would fall within the definition of HHP and how to contact ANR for help determining if a product is covered.
- Free Statewide Collection and Municipal Reimbursement: This section explains that household hazardous waste (HHW) collection facilities participating in the program must offer accessible and free collection of covered HHP waste. This section also describes the process for municipal reimbursement for HHW collection and contains the formula used to determine the cost reimbursement.
- Manufacturer Billing Formula: This section describes how ANR will calculate and access producer fees for covered products sold in or into the state. Costs are based on, in part, a producer’s share of sales by product weight. This section also notes that producers are required to sign a participation agreement with the Reverse Logistics Group (RLG), the company ANR has contracted with to collect producer fees.
In addition to the four sections listed above, the program plan contains three appendices — timeline, covered product guidance, and municipal reimbursement guidance.
Commentary
Bergeson & Campbell, P.C. encourages product manufacturers, distributors, and others in the value chain to review the EPR law and consult the covered product guidance contained in the draft plan to ascertain any obligations under the program. Obligated producers with an interest in other EPR programs, such as plastic and packaging EPR programs, should review the draft program plan and consider submitting public comment to ANR. The public comment period on the draft program plan closes September 10, 2026, at 4:00 p.m. Comments can be e-mailed to Mia.Roethein@vermont.gov.
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