As cities and municipalities across the United States contend with increasing volumes of waste, state lawmakers are enacting extended producer responsibility (EPR) legislation. In the past few years, five states have passed EPR laws for packaging waste — Maine, Oregon, California, Colorado, and Minnesota — with more states introducing legislation every year. We expect the trend to continue in 2025 and beyond.
These laws are reshaping how packaging is managed across the value chain, presenting significant challenges as well as creating opportunities for consumer goods companies. In this four-part series, we’ll simplify the complexities of EPR packaging laws in the United States and explain their impact on producers and brand owners. First up: the basics of EPR packaging laws.
WHAT IS EXTENDED PRODUCER RESPONSIBILITY?
EPR is a policy approach that shifts the responsibility for funding post-consumer packaging collection, logistics, and recycling from local municipalities onto the producers of products. EPR is intended to help achieve state-level environmental goals, such as reducing the amount of waste in landfills, increasing recycling, and encouraging innovation by incentivizing more sustainable packaging designs. As there is no current national EPR law, legislation varies by state.
EPR packaging laws mandate that producers (e.g., brand owners or their licensees) pay fees based on the total amount of their distributed (sold) products. To manage compliance with this initiative, states task producer responsibility organizations (PROs) with collecting these fees and using them to improve recycling infrastructure.
WHAT ARE THE EXTENDED PRODUCER RESPONSIBILITY PACKAGING LAWS IN THE US?
Maine and Oregon were the first states to enact EPR packaging laws in 2021, followed by California and Colorado in 2022, and Minnesota in 2024. Currently, each of these states is detailing the requirements of its EPR programs through policymaking, including implementation timelines and critical milestones. These include the deadlines for producers to either assign or join a PRO, submit sales or distribution data (i.e., EPR reporting), and pay fees.
While the premise remains the same, programs vary from state to state. Legislation can differ in the types of products covered, the degree to which producers assume financial and operational responsibility, specific targets, fee structure, program timelines, and more. Each state defines who has the authority to oversee the EPR program, which can affect program priorities and scope. These differences are outlined below:
- Maine’s EPR packaging law stands out because it places most of the program’s control in the hands of the Maine Department of Environmental Protection.
- Oregon’s law grants the Oregon Department of Environmental Quality significant authority over key decision-making aspects of its program.
- California’s approach allows producers some involvement in implementing and overseeing the PRO’s program, but CalRecycle plays a crucial role in regulating and overseeing its execution.
- Colorado’s law empowers the PRO to develop a statewide plan, decide on a list of “readily recyclable” materials, and set program performance goals.
- Minnesota’s legislation designates a single PRO organization to run the program, but it also establishes a cooperative role between the PRO and the Minnesota Pollution Control Agency in setting recycling goals and shaping the program’s structure.
Colorado and California have selected Circular Action Alliance (CAA) as the PRO. CAA is also expected to be approved as the PRO in Oregon, whereas Minnesota and Maine are still pending PRO selection. CAA has already established deadlines for producer registration. Once producers register as a participant for each state, the PRO shares additional information with the producer.
STAY INFORMED ON EXTENDED PRODUCER RESPONSIBILITY PACKAGING LEGISLATION
We expect the trend of states passing EPR packaging laws to continue. In 2024 alone, the following states introduced EPR packaging legislation: Washington, New Jersey, New York, Tennessee, Rhode Island, New Hampshire, Massachusetts, Hawaii, and Illinois. Beginning this year, we anticipate an average of one to two states per year to add EPR packaging laws.
As EPR packaging legislation continues to gain momentum, understanding and preparing for these changes is essential for producers and other members of the value chain. Our sustainability and management consulting experts at SWCA are at the forefront of EPR, circularity for consumer goods, and emerging sustainability compliance obligations. We’ve been leading the National Lubricant Container Recycling Coalition to accelerate the achievement of packaging recycling solutions for petroleum-based and related products in an industry that previously had no standard of recycling solutions. SWCA is ready to help you navigate the compliance process, make the business case for your sustainability efforts, facilitate collective action, and drive the circular economy.
We invite you to stay tuned to our Unpacking EPR article series as we share more insights on EPR packaging laws and how producers can prepare for compliance.
MEET THE EXPERTS
Tristan Steichen, Sustainability and Management Consulting Director
With nearly 30 years of sustainability and management consulting experience, Tristan helps clients effectively reduce risks and pursue opportunities related to their sustainability and resilience programs with a focus on circularity. Tristan is also the executive director of the National Lubricant Container Recycling Coalition and facilitates industry collaboration and collective action for the recovery and recycling of petroleum-based lubricant containers. View bio.
Laura Nelson, Principal Sustainability Team Lead
With nearly 20 years of experience in the environmental and sustainability services field, Laura has provided strategic sustainability solutions to clients in the food and beverage, consumer goods, manufacturing, technology, finance, and energy industries. She specializes in sustainability disclosure frameworks and standards and has served in director-level stakeholder engagement roles for several organizations, including International Financial Reporting Standards (IFRS) Sustainability. View bio.