Traction Control
How State Environmental Laws Are Changing Auto Parts Packaging And Compliance | EPR
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Getting Ready For Compliance Costs
Transcript
Welcome And Guest Introductions
Stacey Miller 0:19
Welcome back to Traction Control, where we cover the latest headlines and hottest topics shaping the automotive aftermarket. I'm Stacy Miller, your VP of Comms at Auto Care Association. So let's dive straight in. Today I have two very special guests on traction control. Donovan Ringo, our director of state affairs and grassroots at Auto Care Association. Welcome back.
Donovan Ringo 0:40
Hey, well, I'm glad to be back. Good to talk to you again, Stacey.
Stacey Miller 0:44
So excited about today. And new to the show, but also very excited to have Grant McIntyre, who's our Director of Regulatory Affairs and Senior Attorney at Auto Care Association.
Grant MacIntyre 0:54
Thanks for having me.
Stacey Miller 0:55
This is super exciting. Grant's been bugging me about being on the podcast, JK. I've been bugging him because he has a really important job role here at Auto Care Association. So if you've ever really wondered about how decisions are made in DC and how they affect our industry, this is exactly what he does, and he's the perfect guest for that. Because Grant brings a really unique perspective shaped by years of experience at the EPA in private practice and in higher education. So today, and specifically for autocare, he's helping our industry really navigate everything from environmental policy and transportation safety to consumer protection and regulatory reform. So, Grant, welcome.
Grant MacIntyre 1:38
And thank you.
Stacey Miller 1:39
All right. So there is a lot going on at state in the regulatory level, and there's quite a bit of overlap, which is why I thought it was such a great idea to have both of you on the show here today. So, Donovan, tell me a little bit about what's going on across the Big 50 and what your eyes are on lately.
Why State Rules Are Spiking
Donovan Ringo 1:56
Yeah, it's been a busy year. We're winding down, right? So we're in an election season, so it's good because it gives us a chance to breathe when it comes to tracking state affairs for the association. But um now we're getting into Q4. It's really been um an interesting story for this year uh because a lot of the state uh uh laws that have been passing have been in the environmental in the regulatory space. So it's like regulating products was have been unique. So uh grant and I mean we've been working together heavily this year because in the states we we've seen EPR, we've seen PFOS, I mean, we've seen uh restrictions on um different things from batteries all the way to small cans of refrigerant. So it and it's happening everywhere. So it's it's a good thing that our states, you know, kind of care about the environment, what's going on, but it's a new space for us. And it's just really informing our members uh what's going on, how to comply, and where we have opportunities where we can um kind of amend some laws where it it's not hurting our industry partners. I I think that's been the the interesting part this year, but it's been rapid, fun, busy.
Stacey Miller 3:06
Yeah, I feel like the last time I looked at the blog and shout out to the autocare blog, you're listing and you're tracking all of these like hundreds of different legislation across the states um that could affect our members.
Donovan Ringo 3:17
It it's been like old school WordPress days, and I feel like uh this is for the young people. There's been a website where we would just write blogs. It was before the social medias, but it's been great. In you know, my counterpart, Grant and I, we've just been just informing our members everything was going on because if they're coming to us because we're that that source of information they're coming to, which has been great.
Stacey Miller 3:38
Absolutely.
Extended Producer Responsibility Explained
Stacey Miller 3:39
So you mentioned EPR. We've been talking a lot about EPR on the podcast. So give me the latest update at the state level, what's going on there?
Donovan Ringo 3:47
Yeah, so at the state level, right now we're up to seven states, I believe, that have EPR laws that are now in effect. So what at that point where there's nothing we can do, legislators have passed it, they've passed it on to their environmental uh agency in their state, and now they're saying these are the rules, and if you don't follow the rules, here's the fines you have to pay. So it's been let's inform our members what's going on here, just so that they're kind of prepared. Um, so our good friends in uh Colorado, Oregon, California, they've been leading the way. Um it it's been busy, but um, I think the association has done a good job in those states of getting them aware. So now it's hey, who are the people that have had their head buried in the sand? Let's get them caught up and make sure they're good to go. But January of next year, I mean, we're seeing I believe it's three, four more states that are about to implement EPR rules. So it's no longer theory, it's it's practice now that we're the industry is going to have to align with. So what EPR is extended producer responsibility. And what that means is in better words, the states realize that hey, recycling is hard, it's expensive, so we're going to put it on the producer of said products to um help us recycle. So that's funding recycle, um, that's reporting, and then or either changing the type of material that is being packaged on product or what material is going into the packaging. And it it's it's becoming complicated for a lot of our members because they've been packaging, let's use oil, for example. Oil's been packaged in plastic drums forever. So now you kind of have to either change the type of uh packaging it's in or have to comply with the laws, which is changing.
Stacey Miller 5:34
What are the states that starting January 1st are that are also implementing EPR if you know off the top of your.
Donovan Ringo 5:40
Yeah, so we have Maine. Maine is coming January, um, Maryland is coming in January, and I believe Vermont. Um, I believe that's the third one coming in January. So it's so those are the ones that I've already said it's coming, but you also we're starting all new legislative cycle. So now you're gonna have new states introducing bills that we'll hopefully be able to get ahead of. Uh Georgia, where I'm from, there was an EPR bill that was introduced this session that has already been confirmed it will be reintroduced next session. So it's it's kind of like this um whack-a-mole where it's hey, you try to stop one and two more pop up over here that we're just trying to get ahead of. So once it becomes real, that's when it gets passed over to Grant on the regulatory side. Wow. So it's yeah, it's been interesting.
Stacey Miller 6:27
So we are tracking towards more and more states getting them. Each state has a different sort of view of EPR.
Donovan Ringo 6:35
So different and they're not the same. That's what makes it hard if you think about a retailer or a manufacturer, because you can't produce a different package for one state than another state, it just becomes expensive. So we're hoping that the federal government steps in and says, hey guys, let's wrangle this in and simplify it. But we're waiting to see what our good friends do there.
Stacey Miller 6:56
Absolutely. And something pretty big happened in Oregon recently um concerning EPR. Can you someone get me up to speed on that?
Donovan Ringo 7:05
Yeah, yeah, I'll kind of pass it to Grant on that one. You know, he he knew a little bit more than I did. Grant, what happened there?
Oregon EPR Lawsuit And Fallout
Grant MacIntyre 7:10
Sure. Yeah, in Oregon, there was a lawsuit challenging Oregon's EPR program uh filed by the National Association of Wholesalers. And really the challenge was for some of the things that you've been hearing here, um, we can't this is not something that we we can be expected to do, to follow each rule at each state that's different in every single state, different responsibilities, uh different packaging expectations, uh, and really challenge that under under federal law. Uh the court there upheld Oregon's EPR program, which means that as of now, Oregon is is fully able to enforce their EPR program. So for those of you that are you know are selling into Oregon, um, if you're if you're not kind of ready with your compliance now, this is this is the time. Um there are ongoing challenges to other states' EPR programs as they develop. Once the regulations are passed, once impact is felt by industry, you'll you'll see more litigation. There's litigation in California, uh in Colorado state as well. Um but for now, when you we have programs, regulations are are are effective, and the only court that's looked at this so far is upheld Oregon's program.
Getting Ready For Compliance Costs
Stacey Miller 8:17
Wow. And getting into like the regulatory and the compliance arena, some of the guidance that we've been hearing is even if you don't sell into a state that has one of these laws, or if you're unsure, getting prepared is probably the best thing to do now, right? What type of advice um do you think that we should be giving to companies at this point?
Grant MacIntyre 8:39
Yeah, I think uh preparation is key. Um, yeah, I think uh this is this is not something that's going away. I think Georgia is a great example. This is not just, you know, traditional environmental states versus non-environmental states. It's a it's a fundraising mechanism for an expensive thing, which is recycling and waste control. And so you see it bubbling up in states like Georgia, Tennessee, Texas. I think we we see some efforts there. Um so wherever you are, wherever you sell to, this is something to monitor. Maryland, Maine coming online means your your Northeast, uh Mid-Atlantic distributors, manufacturers, retailers are gonna have to be paying attention to this. Um so even if you're more limited in scope in your sales, um it will be coming, it could be coming directly to you. And even if it doesn't, the indirect impact, um, you know, how how these fees change the market, how they take away margins, how they change the relationship between manufacturers and distributors, distributors and retailers, private label arrangements, all of this is gonna start to flow upwards and downwards the supply chain.
Donovan Ringo 9:42
Yeah, and and kind of adding on to that, you know, I was talking to a shop owner the other day and it was like, hey, should I follow this EPR thing? And I was like, Yeah, I mean, there's going to be a pass-through cost to you because now these manufacturers and these distributors, they're gonna have to charge more to cover the cost to comply. So that's the things that you buy every day to come uh commoditize your shop, are it's gonna be a little bit more expensive because now we have these EPR laws. So it's affecting, just kind of like Grant said, everyone down the value chain. So it's not going anywhere. It's a new normal, unfortunately.
Stacey Miller 10:31
That's a really strong message. And it I'm really glad that we're making this investment as AutoCare Association because um it seems like uh the state and the regulatory environment. Um, is it increasing lately? Like all the different things that are introduced, or is that just my perception because I'm new to the arena? I feel like there has never been this many laws introduced, regulatory issues, compliance issues in the market.
Donovan Ringo 10:56
It's it's not, you're not the only one that's feeling it. It is new because it's legislators, they're just like all of us. So they see something work in another state and they're like, I think that will work in my state as well. And it's a rinse and repeat. So they they continue doing it and it makes it a lot easier once somebody has figured the kinks out. It just makes a lot easier to implement and um become reality. But in the same vein, you know, it it makes sense, right? I'm you know, I'm not a regulator, you know, I'm not captain playing or things, but it's good that states are thinking through different ways on how we handle our waste in, you know, in our nation. So it it makes it makes our partners think differently, you know, our members think differently on how things are packaged and distributed, but it makes states think differently on how they are handling products that are sold in the state. So um there's gonna only there's gonna be more because you got to think through. It's there's a lot of different components. There's a lot of packaging out there on everything. I mean, these microphones came in packaging. So, how do we think of better ways on how to ship product um where it's safe and you still preserve it? So it's only gonna become more, I don't want to say complicated, it's just gonna change what we've done business today in the country.
Stacey Miller 12:07
Shoot, Jackie, did we recycle the plastic? That was it so these microphones came out of? Okay, I'm gonna go back. I'm gonna revisit that. Um, I love the back and forth here because I think you two, uh, the way you guys work together is really important in how we serve our members. Because the way I see it is kind of like Donovan, you're kind of monitoring what's happening, helping us distill all that important information. As soon as it gets introduced, you're on the ground, you're there. And then Grant, you're helping companies figure out, okay, what do you actually need to do about it to make sure that you're in compliance? Is that a fair way to characterize how you two work together? Or how would you kind of describe how you work on behalf of our members?
Donovan Ringo 12:43
Yeah, Grant, tell me. How would you describe it?
Grant MacIntyre 12:45
No, I I think that's that that that that's accurate. And you know, another piece too, it's not just compliance. We do um, you know, we we're really building out our advocacy work and and you know, federally and and also on the state level. Um, you'll see Donvin's name and my name on Comments all the way down to Los Angeles County, I think, is is one where we had to file. Um, and so it's not just the education, the the compliance uh work, it's it's also advocacy going forward. So where new states are introducing new programs like EPR or or PFOS or other product regulation, uh, we're there and and we're evaluating and jumping in to try to advocate for better regulation.
Donovan Ringo 13:23
Yeah, it's it's kind of like a 90s cop show, you know, good cop, bad cop. We kind of go in there. It's like Will Ferrell, Marky Mark, and other guys. So, you know, I come in there, I'm the nice guy, I'm like, hey, this is what's going on. We want to work with you. And then, you know, when it gets to the point where the nice guy doesn't work, you know, Grant, I'm like, I'm gonna tag him in. And he's like, hey, you know, all right, let's tell you guys what the auto care is. Let's show you how big we are. This is why you should listen to us. So it's been very successful. We've had some great conversations with legislators and regulators at the state level, and I think it's a good tag team that we're doing. Um, and you know, ultimately we want to work with our state partner. So we don't, you know, we don't want to kick in the dough and in things like that, but we really want them to know like, hey, we are just as big as the OEMs and things, like bring us to the table. You know, we don't want to be an afterthought. That's important. Can we put a poll as to which one of us is Mark Wahlberg? I think it's definitely you.
Stacey Miller 14:18
I'm not gonna be able to get this analogy out of my head now of this tag team because I'm super into WWE and now I'm just like you guys are like the wrestling brothers, like, what's your name? And like, yes, please kick down the dope. Well, I like it. Because I'm I'm into it. Let's go. Um, members need to know that they've got you brilliant people fighting on their behalf. Um, Grant, you said the P word, um, and that is PFOS. Um, who wants to tell our listeners a little bit more about PFOS, what that is, and how it affects their business right now?
Donovan Ringo 14:47
You want to I can do it? Yeah, all right. So we'll start there. Yes, get it out. Yeah, so that's it. Uh PFOS, uh, easier way to remember it forever, chemicals.
PFAS Forever Chemicals In Auto Parts
Donovan Ringo 14:55
It's been in the news for a little over a decade now. If you just think about it, it it's it's chemicals that get into your system that ultimately get down to your DNA. So regist like regulators are like, hey, they started with drinking water. And it's like, hey, you shouldn't drink these things, they're bad for you. But then as that more research comes out, you realize, hey, it's on products. We're touching these chemicals that from our standpoint, industry side, is um, I'll give you an example. Uh, there's a coating on brakes that when you put this coating on the brakes, it stops the brake from corroding. Everyone knows if a brake doesn't corrode, it lasts longer. The lifespan of the brake is great, amazing. Industry, we're like, we solved the problem. Psych. Now you realize that now there's this PFOS chemical on there that now states are banning. So there are nine states, I believe, um, that have PFOS regulations that are banning products. So now that list of bans started off with consumable items, makeup, the uh fire extinguisher, foams, but now they're realizing, oh, we need to start banning other things. Chemical pro not chemical cleaning products are a big one that's we're seeing. So our members that handle sell cleaning products, it's changing a lot. So us understanding what the PFOS regulation is, explaining how it is used in our industry has been um an interesting challenge for us here at the association. But um, we've been working with a good group of our members to really figure out what is the better story we tell. Because if you can have a uh legislator understand the story, it's easier for them to listen to us rather than us whining, complaining like, hey, this shouldn't happen, if that makes sense.
Stacey Miller 16:33
Yeah. And how does that look from a regulatory compliance angle? Is it kind of similar where there's certain states where it's banned and you have to be in compliance, or is that still kind of taking shape right now?
Grant MacIntyre 16:43
It's taking shape. I I will especially point out with this this is reporting is is a part of it. And and and you know, I would say almost many, uh, many of our products are are covered under some aspect of reporting in at least one state. Um, and that's you know, somewhat we're used to reporting, we're used to tracking. Um, what we're seeing with these regulations, though, is the ban side, which is um very challenging. Uh, and we're also seeing uh in a state like New Mexico labeling requirements of the product itself. We're used to putting being told what to put on our packaging, but the product itself, uh, that's a huge challenge. And that's that's an expectation that New Mexico has uh as of Jan 1, 2027. New products have a have a label that they pick. Um that is under challenge in the courts, but uh for now that's that's on the books. And so that's a new level of challenge. And I will say also, um, not just in compliance, but in relationship between our members, um, states are specifically putting in these laws and regulations a requirement to go up your supply chain. So you can't just say, eh, we we put it on the shelves. Whatever we get is what we we put on the shelves. They're requiring outreach to your manufacturing partners to get information about whether or not there are PFOS in these products.
Stacey Miller 17:55
Oh, wow. I mean, as a woman, it makes me think about that whole movement in like shampoos and all those personal care products. Like there was a time where all of a sudden the shampoos were like, no sulfites, no this, no parabens, no that. And then eventually basically they stopped labeling them because they're not in them anymore. They were forced to remove them. So do you see something similar happening in the aftermarket? Because I think about like when I go to my auto zone or I go to my advanced auto parts, I'm going to buy my appearance chemicals. I'm gonna get my spray detailer, I'm gonna get my wax and all that stuff for my ride on the weekend. Um, but they were required, like when Prop 65 came about, like there was a Prop 65 warning on it. So now it's required to say there's PFOS in here. But then eventually they might have to remove that.
Grant MacIntyre 18:41
Right.
Stacey Miller 18:41
And then we'd see that evolution and the labeling perhaps.
Grant MacIntyre 18:44
Yeah, I I think the the the removal in the ban is really kind of the the the step beyond uh Project 65 and similar labeling and reporting requirements. And um we're talking 2032. And to a state regulator, they look, I don't know, 26 years. We'll give them six years, that should be enough. But everyone knows you can't just turn on a dime and change the the chemistry of your product or what it contains, or you can't change your supply chain. Um, so this is this is a real challenge that's coming up, um, and something that we're we're working with, not just on the compliance side, but also on the advocacy side to try to get some more time, a little more understanding at the state, uh especially at the state regulator level of what what these are, why they're there, you know, what the risk is, if any, to to to to humans and and try to make that a better picture.
Stacey Miller 19:31
Absolutely. It's so interesting. I always draw parallels between what we're doing um to just consumer products, just because
Why Reformulation Takes Years
Stacey Miller 19:38
I'm a I'm a like a I'm just like a very I lost my train of thought. I like to observe and learn a lot about what's happening in the marketplace, even if it's not our marketplace. So um like MMs just had a big story that they told, right? Because now they can't use like red 40 and all these harmful dyes in MMs. And it's very expensive in manufacturing to change all those materials in the supply chain. So there was this whole story that they did on how, you know, they had to change the red um to beets and the yellow to turmeric, but it had to be the right yellow, right? Otherwise consumers wouldn't eat it. And, you know, the final thing was blue had to be spirulina, but they couldn't do it uh because it would like gunk up the machine. So it had to be a very specific formula because the manufacturing impact, the cost was huge, especially if it ruined the machines that did it. I'm paraphrasing, but it was a really interesting story. So like I would love to learn and know more about how that takes shape in manufacturing and automotive and how we could start to tell those sorts of stories, right?
Grant MacIntyre 20:43
Because I think that's a great example. And and you know, it it also kind of points out that a lot of this EPR PFOS comes from kind of a packaging, a CPG place, a consumer package goods place. And how regulators understand that is is influencing how they regulate other products. Uh, and as we know, you know what the the products that we sell are very different from an MM, uh from a consumable, from other items. And so what may work in that universe doesn't work. Um, you can't ship an MM the same way you can ship antifreeze. But the regulations treat those as functionally the same. So that's that's a part of the storytelling too, is educating about what what the aftermarket is, how the products are different, uh, and and what the supply chain looks like.
Donovan Ringo 21:29
Yeah, and it it goes to I've been beating the drum since I've been here. It's we have to do a better job as the aftermarket of telling our story in what we are and what we sell so that the regulators know because uh the in the legislators as well, because you go in their offices and they're always like, Oh, you know, I was in O'Reilly's the other day, or I was at a Napa the other day, and my guy's been fixing my car forever. They know who we are, but they don't correlate it, it's all one ecosystem. But you know, the the other side of the table is there, they're in the offices all the time saying, Well, these things are bad for you, these things will hurt you, and then they're hearing that, it's like, well, it must be a big thing because I'm not hearing from the other side, so it must be a problem. Bam across the board. And you get, you know, the the word and category is a fragmented assortment where, like Grant said, you just can't on a dime change your formulation. You know, when you have containers, you know, fighting off pirates in the uh the middle of the ocean right now, you have to get that container here. So unfortunately, you have to change. Your planograms and your assortments where hey, we're going to have to sell products in different states and we're going to have to really watch that to make sure the wrong box doesn't end up in New Jersey, and then we're ending up having to pay a fine because something happened in the supply chain. So it complicates everything that we're doing because you have this fragmented assortment environment.
Stacey Miller 22:49
Very complex is the takeaway from what both of you guys are seeing through every day. Grant, what what other big
regulatory or compliance issues are you kind of keeping your eye on right now that are emerging?
Other Emerging State Regulations
Grant MacIntyre 23:01
Yeah, I think we we we continue to see EPR and PFOS and those are new. And yeah, I would kind of put that in the category of you you have to we and we are and you have to watch the states because as if you see something like the MM story you mentioned, if you see something pop up in a in a consumer facing good, um chances are it could bubble up into an issue for for some of our products as well. So there's the there's kind of that general activity. Um EPR as a catchphrase is kind of expanding beyond that packaging concept. We're starting to see attempts to regulate products with similar structures where they're pushing the cost of the product uh and disposing the product up the supply chain. So that's something we're monitoring and advocating uh for members on. Um I think Donovan mentioned earlier refrigerants, uh climate impact, in particular in some of the northeast states, um, with the federal government stepping back from from the climate, uh, from climate regulation, you're seeing states step in and make attempts to regulate climate. So any product that has an impact on climate, we're seeing regulation. We'll probably continue to see regulation, at least in the near term, on the state level on that front. Um and there is really on the product side, you're that's that's a lot of what you're seeing. Um states stepping in uh where maybe the federal government is taking less action. Um, and that's that's what we're monitoring.
Stacey Miller 24:21
Wow. So it feels like it all really ladders up to sustainability and responsibility, a lot of what you guys are monitoring across both of your work streams. So it's pretty it's pretty interesting when you step back and you look at it as a whole. Not that you could predict, but you could almost predict or think about really deeply within your business different things that could be impacted, whether it's like your manufacturing and your emissions down to your recycling, all the way through those levels. Yeah, you're something that could be.
Donovan Ringo 24:51
Stacey, you're thinking about it the the exact this the right way. It's kind of what we're learning. It's you know, from the manufacturer all the way till the guy puts the box in the trash can. It's like what were the steps taken to make this make sure this box be uh degrades and back into the earth so they can reuse it? So either reuse it or it degrades where you know it doesn't hurt our environment. And you know, like I said earlier, it's it's good and bad thing that we're the our regulators are doing because um it's tough because you got to change what what's worked, but you know, it puts us in a better position, I think, as an industry. We start thinking smarter, so which is always good.
Grant MacIntyre 25:28
And we always think of yeah, our our our industry is a is an environmental and sustainability leader. I so much of the EPR concept comes from how we've managed batteries, how we've managed tires, how we've managed other product. Um, so so so that really is an important story to tell, and and one that we do tell is that don't reinvent the wheel. We this is something that we we know. We we can manage closed systems, we we manage our waste responsibly. Um, and we're one of the best industries positioned to make that case.
Donovan Ringo 25:59
Yeah, don't fight the wave. We I think we have a good opportunity to ride with it and really, you know, set the tone where a lot of other industries are not doing it. We I mean we've been doing it for decades now, so let's lean in and in and really uh help our regulators really understand how to make this work for us. I think that's the key.
Stacey Miller 26:16
Absolutely. And Grant, you've got something similar to what Donovan's going on, and you're now doing a blog for Auto Care
Where To Track Federal Actions
Stacey Miller 26:23
Association too, where you're monitoring all of the regulatory uh efforts, all of the compliance issues that are coming up. Um tell me just a little bit about that structure and what members can expect if they're heading over there to get more information. Sure.
Grant MacIntyre 26:35
Yeah, the uh the advocacy in action blog on autocare.org, we we both kind of update and keep um really current on federal right regulations. So pretty much every week you'll see what's going on at the federal level. Um and it's it's pretty pretty pretty interesting, I say. I don't know how interesting it is to most people, but reading reading what the federal government is doing every day, you really get a sense of how many things can can impact our industry. Work for workforce Pell Grants were a big topic over the summer. Uh the federal government's doing work on that. Um, new chemicals, OSHA standards. There's all this kind of stuff that impacts impacts us in the industry that's going on all the time. And increasingly, as we approach you know, kind of the second half of this uh this part of the administration, that's going to accelerate. There's going to be more and more as this this administration tries to get some of the priorities done. Um so we we update that. Um, we update that with uh some of the state work as well. And and you know, we often will put some compliance guides and timelines to track on that blog too. So a great place to look and kind of scan through to see some of the current activity.
Donovan Ringo 27:42
Yes, plug, please go to our site. The blogs are there, there's a lot of information. Uh please read it. Please ask us questions.
Stacey Miller 27:49
We'll put that link down in the show notes because we definitely want to hear um from our listeners and from our viewers, you know, what topics should we be deep diving more onto? So we're kind of prioritizing the EPR and the PFOS and the right to repair, which we're gonna get to here in just a sec. Um, Grant, how long have you been with AutoCare so far?
Grant MacIntyre 28:09
Uh since February. So whatever number of months that is. So a couple months, yeah.
Stacey Miller 28:13
Almost a year-ish. Um, has anything surprised you so far when it comes to learning about the regulatory and compliance landscape? I mean, your work with the EPA is obviously adjacent to automotive, but I'm just curious from your years of experience and coming here, was there anything where you're like, wow, hmm, that's really interesting, or this is really different.
Grant MacIntyre 28:32
Yeah, I I don't know about different, but one of the things that I think uh I realize more every day, every every time I do a blog, every time we we talk about what's coming, coming along, um, is exactly that uh the scope of regulation touches every part of the automotive aftermarket. And so it's, you know, there are things that don't impact the aftermarket, but more often they do in some way, either um tangentially through supply chain impacts or or directly. So um really understanding that kind of full impact on on the aftermarket and you know, kind of the unique uh role that we play in the economy and and the importance of the products clashing against that kind of regulatory intent uh has been really fascinating.
Stacey Miller 29:14
I think we got you for life because you got really excited when you were talking to me about your Subaru and I was like, yeah, we got it. I love when it clicks for someone who works here when you really understand how it works and the vehicle that you drive and that your families depend on. Um it's really cool to see that spark kind of ignite in everyone. So welcome to the team, Grant. Thank you. Um, Donovan, I know I said we weren't gonna do this, but we should probably touch really quickly on state level right to repair and where we're at, kind of as like we're winding down the year. So can you tell me a little bit about what's going on there?
Donovan Ringo 29:48
Yeah, um, so Maine, our our good friends up in Maine, love lobster.
Right To Repair Wins And Next Steps
Donovan Ringo 29:54
Um, they the Maine rights repair bill passed uh back in April this year. You know, governor signed it, so it's now law. The um the the alliance has basically said, hey, you know what, we lost it. So what's great is now they have um stood up their advisory council. Um these are um uh member organizations that live in Maine or have vested interests in Maine that are going to build out the regulations on how rights repair is going to work in Maine, which is great. We now have a state that is going to be souped nuts, ready to comply, which is amazing. And we have industry partners on the council actually saying this is how the the OEMs are gonna have to follow the law. But what's great about it, I've said it previously here before, is that now there are penalties against the OEMs if they do not supply that repair data to shops. And they're going to have mechanisms where if the shop can't get access, there's going to be a monetary reward for them for reporting to say this um OEM stopped me from getting their data. So now there's a what's in it for me for technicians to really start reporting what the issues are, and which helps us at the federal right to repair bill because we can now say, hey, in one state, we've had this many times that people try to access data and they couldn't. Let's multiply that by 50. And then that that helps the argument that says right to repair is a national issue, right? So let's go on down to Massachusetts, right? Um, so there was a challenge, there was a lawsuit there. Um the attorney general said, Hey, I've heard enough, we need to comply. So the attorney general's office is now writing the law for Massachusetts rights to repair. So we're looking, hopefully, in the top of next year, we'll there'll be similar to Maine, where they'll have an advisory council to actually have Massachusetts. So now we're working with partners across the country to say, all right, where do we go next? Right? You know, do we go in the Midwest? Do we go to um kind of the central states? Do we take it out west? Because if we continue growing the movement of states that are doing rights repair, it just it hurts the argument why the federal government is not doing anything. Um I'll give Colorado example where that's a state that is ripe for rights of repair to me, because um a couple years ago they just passed consumer rights repair. So now you can fix your cell phones, those type of items. Well, this year, um the in the farming industry, there was a win there where there was like, hey, farmers deserve the right to repair these thousands of dollar equipment. So it's kind of hard for you to say, no, no, no, we're not gonna repair automotives when you're doing farm equipment, you're doing consumer products as well. So these are the type of things that I'm watching to say, okay, where is that next battleground that we can go into to really support rights repair? So next year is going to be interesting for us to really say, all right, where will we go next with the rights of repair? Um, argument at the state level. Um, but we're hoping that our good friends on the hill will make it happen for us as well.
Stacey Miller 32:50
Our fingers are crossed, and I know the autocare team and partners are working really hard towards solutions in both of those states and at the federal level, um, which we know we're working really hard to get that amended language into the highway reauthorization bill. So we're really looking forward to progress on that.
Donovan Ringo 33:07
Yeah, and those of you don't know, I mean, the highway reauthorization bill, I don't know if y'all have done a show episode about it, but it's great, right? Our federal government uh they give dollars to states to fix roads and bridges. So I don't know anyone that doesn't know a road or a bridge that needs to be repaired in their state, even their town. And this is where the money comes from, is the federal government, where um this money will go to fix this. So it's great if we can get the right to repair language to part of the reauthorization act. I mean, that's a huge win because if you can't fix cars, they break down and it makes things worse for us. So it's a beautiful way that it's all kind of working together there. So fingers crossed, like you said, that we can get this across the goalpost before this Congress ends at the end of the year.
Stacey Miller 33:51
Amazing. That's quite a lot of updates that we just got in this really short 30-minute time span. But we want to keep it succinct. We know everybody's commuting, getting their information in. But I promise we're gonna get much, much more from my colleagues, Donovan and Grant here coming up in the future. So please do drop for us in the comments issues that you'd like for us to deep dive more into. Um, before we go, I have something special. Um, we have a sponsor that we would like to thank, uh, Berryman Products. And we have a quick Berryman challenge today,
Sponsor Trivia And Closing
Stacey Miller 34:23
and it's it's for you guys. So um don't look at my paper with the answers here. Um, Berryman has been proudly making automotive performance solutions and in the US since 1918. So we are gonna give you a trivia question about other things that happened in 1918. All right, so you guys ready? All right, all right, um Which of these famous things first appeared in 1918? A Ripley's Believe It or Not, B, the crossword puzzle, C, the Mickey Mouse character, or D, the Monopoly board game.
Donovan Ringo 35:02
Are we buzzing? Are we buzzing? Are we going to do the first thing?
Grant MacIntyre 35:05
I I I like my guess. I I'm I'm going to confidence Mickey Mouse.
Donovan Ringo 35:10
Mickey Mouse, I'm going Monopoly.
Stacey Miller 35:11
Mickey Mouse and Monopoly. Believe it or not, you're both wrong because the answer was a Ripley's Believe It or Not, sort of. It first appeared as a newspaper cartoon in 1918 under the title Champs and Chumps. It wasn't yet called Believe It or Not. Had you gotten that question correct, you would have gotten one of these super cool Berryman since 1918 stickers. But because you guys are both such good sports, I'm gonna give them to you anyway. But thank you so much, Berryman Products, uh, for sponsoring this, for making autocare on air possible. And thank you so much, Grant and Donovan, for being on the show today. Thank you, thanks for tuning in to another episode of Auto Care on Air. Make sure to subscribe to our podcast so that you never miss an episode. And don't forget to leave us a rating and review that helps others discover our content. Auto Care on Air is a production of the Auto Care Association, dedicated to advancing the autocare industry and supporting professionals like you. To learn more about the association and its initiatives, visit autocare.org.
Description
State environmental policy is moving so fast that packaging, chemicals, and compliance can change before your next planning cycle is done and the automotive aftermarket is right in the blast radius. Stacey Miller sits down with Donovan Ringo, our Director of State Affairs and Grassroots, and Grant MacIntyre, our Director of Regulatory Affairs and Senior Attorney, to unpack what we are seeing across the country and what it means for the way parts, fluids, and shop supplies get made, shipped, and sold.
We break down Extended Producer Responsibility in practical terms: what EPR actually requires, why seven states already have programs in effect, and what it means when Maine, Maryland, and Vermont move into implementation. Grant also explains the Oregon EPR lawsuit that was just upheld and why that decision matters for enforcement and for companies that have been waiting to see how courts react. The big takeaway is simple: even if you do not sell into an EPR state today, the pass-through costs, margin pressure, and contract ripple effects can still land on your business.
Then we get into PFAS forever chemicals and why they are showing up in aftermarket conversations, from coatings on components to cleaning and appearance chemicals. We talk through state-by-state reporting, bans, and even product labeling requirements, plus the reality that regulators often underestimate how long it takes to reformulate products or rebuild supply chains. We close with state right to repair momentum in Maine and Massachusetts and why the highway reauthorization bill could be the federal path to real progress.
Check out the Auto Care Blog at autocare.org/blog
Check out the Auto Care EPR Toolkit at autocare.org/epr-resources
Thank you to Berryman Products for sponsoring this episode. You can learn more about Berryman at BerrymanProducts.com.
Subscribe for more regulatory and right to repair updates, share this with a colleague who owns compliance, and leave a rating and review so more aftermarket pros can find the show.
