California: 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.  

California was the fourth state that passed its EPR law for packaging, Plastic Pollution Prevention and Packaging Producer Responsibility Act - SB 54, in June 2022. By 2032, this law requires that 100% of packaging in California be recyclable or compostable; 65% of the single-use plastic packaging is recycled, and 25% is cut in plastic packaging. 

Under this law, producers have a strategic role in building a circular recycling economy. The EPR scheme in California calls for the establishment of a single Producer Responsibility Organization (PRO), but additional PROs can be formed after early 2031 with the approval of the California Department of Resources Recycling and Recovery. However, all producers of covered materials must join the PRO by January 2024. 

CalRecycle oversees the program and should create an Advisory board by July this year. The board will have the objective of identifying barriers and solutions to create a circular economy. As well as advising CalRecycle, producers, and PROs in the implementation of the law. 

CalRecycle is currently hosting informal workshops to share information and provide opportunities for stakeholders to provide feedback on rulemaking concepts. 

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. 

Covered materials include single-use packaging: material that is routinely recycled, disposed of, or discarded after its contents have been used or unpackaged, and food service ware such as plastic-coated paper or paperboard, paper or paperboard with plastic intentionally added during the manufacturing process, and multilayer flexible material.