EPR Compliance Readiness: Steps for Brand Owners
In previous posts in this series, we’ve introduced packaging EPR and discussed the evolving legislative landscape in the U.S. While we cannot predict the next state to enact EPR legislation, it is never too early to prepare for compliance.
Here’s a recap of the U.S. states that have packaging EPR laws in place.
Maine, Oregon, Colorado, and California have had packaging EPR laws in place since 2021, and Minnesota joined the list this year. Packaging extended producer responsibility (EPR) laws assign accountability to producers or brand owners for the management of products after disposal, which means being responsible for collecting, sorting, recycling and disposal of a product’s packaging. Brand owners are considered producers if they sell packaged goods under their brand name.
Each state is going through a particular policymaking process, with different estimated timelines for program implementation. Therefore, it is important for brand owners to understand the following:
- In California, the requirement mandates producers’ participation in a Producer Responsibility Organization (PRO) by 2027.
- In Colorado and Oregon, producers are expected to enroll in a PRO by 2025.
- In Maine, producers will need to pay the PRO’s first round of fees by 2026.
- In Minnesota, producers must register with the PRO by 2026, with a stewardship plan due by 2028.
As compliance deadlines approach, brand owners must begin evaluating the financial implications of future compliance and prepare for any necessary modifications to production processes to meet state-specific regulatory requirements.
Specifically, the National Lubricant Container Recycling Coalition (NLCRC) recommends that brand owners take a closer look at their packaging volumes in each of these states and estimate potential EPR fees. The fees are likely to be higher for those brand owners that want to develop their own EPR compliance program versus those that collaborate with other industry members.
Fortunately, changing legislation can represent an opportunity for the lubricant container industry to collaborate and move forward under a unified approach for the recycling of hard-to-degrade plastics such as lubricant containers.
The NLCRC is bringing together key stakeholders in the lubricant supply chain, including ILMA, to support the petroleum packaging sector to reduce the impact of lubricant containers on the environment. Due to incorrect end-of-life disposal and the need to help companies adapt to the changing regulatory landscape, monitoring the current EPR legislation has been a focus point for the NLCRC this year. Emerging legislation for packaging represents an opportunity for further collaboration within the lubricant container industry.
Discover the optimal actions for EPR compliance in the next article, where we’ll delve deeper into ways you can prepare for compliance.
This article was contributed by the NLCRC. To learn more about the NLCRC and the benefits of membership and collaboration, visit its website, connect on LinkedIn or email at hello@nationallcrc.com.
Read other articles in this EPR series:
What Is EPR, and How Does It Impact the Lubricants Industry?