EPR: Current Status and Future Implications
As addressed in the first news article in this series, the EPR (extended producer responsibility) legislative landscape in the U.S. is rapidly evolving. In May, Minnesota became the most recent state to put packaging EPR laws in place, joining Oregon (2021), Maine (2021), Colorado (2023) and California (2023). This article discusses each state’s laws in more detail.
Minnesota
Minnesota’s new law defines a moderate model where 90% of the costs of the program will be paid by producers. At the time of publication, the state has not yet defined statutory recycling rates. Initially, only one producer responsibility organization (PRO) in Minnesota will be designated to implement the program. However, there will be a shared role between the PRO and the Minnesota Pollution Control Agency (MPCA) in creating recycling goals and structuring the program.
Oregon
Oregon’s law grants authority to the Oregon Department of Environmental Quality (DEQ) for key decisions in the program. The state follows a shared producer responsibility model where local governments continue to have operational responsibility for recycling services and collection. The EPR law puts the onus on producers to develop ways to support recycling of materials once they have been collected and processed and imposes PRO requirements to ensure that those materials end up in “responsible end markets.”
Maine
Maine’s packaging EPR law is unique, as most of the control lies with the Maine Department of Environmental Protection (DEP). Rather than a PRO, the program will be implemented by an administrative stewardship organization (SO) that is contracted with the DEP. Maine’s program will reimburse local municipalities at a median cost reimbursement rate, covering the management of “readily” and “non-readily” recyclable packaging materials at different rates.
Colorado
Colorado’s packaging EPR law gives the PRO responsibility to develop a statewide plan, propose the “readily recyclable” minimum recyclables list, and propose program performance goals. In May 2023, the Colorado Department of Public Health and Environment (CDPHE) officially selected and designated the Circular Action Alliance (CAA) as the PRO.
California
California’s law allows for producers to be involved in the PRO’s program implementation and oversight, but CalRecycle is tasked with the oversight of the state’s EPR program its implementation. The California law also mandates that producers create an EPR plan for packaging to achieve a 65% recycling rate and be 100% recyclable or compostable by 2032. The Circular Action Alliance (CAA) was approved in January 2024 as the PRO for this law. CalRecycle has the authority to approve additional PROs after January 1, 2031, if necessary.
What’s Next
The EPR legislative context is rapidly evolving. In 2024 alone, the following states introduced EPR bills: Washington, New Jersey, New York, Tennessee, Rhode Island, New Hampshire, Massachusetts, Hawaii and Illinois. With 2024 being a presidential election year in the U.S., many potential scenarios could influence EPR positions in the 2025 legislative session. The NLCRC will be watching this space and advocating for the industry’s voice as new developments come to fruition.
As EPR legislation continues to gain momentum across the U.S., understanding and preparing for these changes is crucial for producers and other members of the value chain. Find out how to best plan for EPR compliance in the next article of our series.
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.