Colorado: An Example of Extended Producer Responsibility (EPR) Policy In The Making

Since mid-2022, Maine, Oregon, Colorado, and California have passed Extended Producer Responsibility (EPR) laws related to packaging. 

Colorado was the third state that passed its EPR Law for packaging (House Bill 22-1355) during the 2022 legislative session. This law set up a Producer Responsibility program that sets the requirement that companies that sell products in food service ware, paper products, and packaging must fund a statewide recycling system that is in charge of recycling these materials. These companies are required to form a Producer Responsibility Organization (PRO), an independent non-profit organization, to coordinate, fund, and manage this system. Producers may form a PRO individually and are required to submit a coordination plan to the Colorado Department of Public Health and Environment (CDPHE).

The program is managed by Colorado’s Department of Public Health and the Environment (CDPHE) and funded by annual fees that will be paid by the producers that use the covered materials. The program has also created an Advisory Board. The Board will help the state oversee the program to ensure the system meets the needs of Colorado businesses and communities.

PROs will be formed by or on June 1, 2023. By the first quarter of 2026, producers will be required to join and pay a membership fee to the PRO based on the amount and type of packaging they sell in Colorado. The program will cover the costs of government oversight, recycling, and consumer education. 

Monitoring the current EPR legislation is a focus point for the NLCRC in 2023. Emerging legislation for packaging represents an opportunity for further collaboration within the lubricant container industry.

The NLCRC is an industry-led technical coalition established by a committed group of industry leaders in lubricant and associated plastic packaging manufacturing, focused on establishing solutions for post-consumer recovery and recycling of plastic lubricant containers.

NLCRC members include Berry Global, Castrol, Chevron, CKS Packaging Inc., Graham Packaging, Nexus Circular, Pennzoil - Quaker State Company, Petroleum Packaging Council, Plastipak Packaging, Safety-Kleen, and Valvoline.

Connect with us on LinkedIn and Twitter. Reach out with questions or inquiries, at hello@nationallcrc.com.

 note: Covered materials are defined as packaging materials that are intended for single or short-term use and paper products that are sold or distributed in the state.