EPA Invites Public Comment on Potential Changes to EPA’s Role in the "Green" and "Sustainable" Product Movement

On Sept. 16, 2010, the United States Environmental Protection Agency (EPA) published a notice in the Federal Register soliciting stakeholder input regarding the agency’s role under the Pollution Prevention Act of 1990 in regulating or encouraging the "green" or sustainable products movement. The EPA will consider and accept comments until Oct. 19, 2010, on the scope and nature of the agency’s proposed role in the identification, development, manufacturing of, designation and use of "green" or "sustainable" products, as well as views on the major challenges and opportunities in this area.

Companies may be affected by the EPA’s action on this matter if they manufacture, distribute, label, certify, verify and purchase or use consumer, commercial or industrial products that may be considered as "green," "sustainable" or "environmentally preferable." Potentially affected entities may include, but are not limited to those industries with the following North American Industrial Classification Codes (NAICS): 23, 31–33, 42, 44, 45, 54, 72, 81 and 92.

The areas contemplated by EPA for regulation or other action include:

1.      Assembling information and databases;
2.      Identifying sustainability "hotspots" and setting product sustainability priorities;
3.      Evaluating the multiple impacts of products across their entire life cycle;
4.      Defining criteria for more sustainable products;
5.      Generating eco-labels and/or standards;
6.      Establishing the scientific foundation for these eco-labels and/or standards;
7.      Verifying that products meet standards;
8.      Stimulating the market; and
9.      Developing end-of-life management systems (reuse, recycling, etc.).

If you would like to discuss the EPA's request for stakeholder input or any of the potential changes to EPA’s role in the "green" movement, please contact Kristina Tridico, Susan Charles or Freedom Smith. In addition, you can view the Federal Register notice prepared by the EPA to summarize its proposed actions.