Extended Producer Responsibility (EPR) Legislation For Packaging Is Gaining Attention In The United States

The year 2021 is halfway through and it has been an eventful year for recycling policy and ESG initiatives. Extended Producer Responsibility (EPR) for packaging and paper products is gaining traction in the United States. Although EPR programs exist in some states for products such as paint and electronics, the movement on legislation is accelerating, and the EPR laws passed in Oregon and Maine are an example of this.

Maine became the first state in the US to enact an extended producer responsibility (EPR) law for plastic packaging, followed shortly after by the state of Oregon. Therefore, it is important to understand how these differ and present these in an easy-to-understand manner.

Maine

• Bill 1541 proposes the establishment of a stewardship program for packaging materials.

• The State will set a contract with a stewardship organization, selected by a competitive bid, which will be responsible for implementing the program.

• The bill covers most packaging but excludes the packaging intended to be used for long-term storage, beverage containers subject to existing bottle deposit legislation, paint containers, and packaging material for drug and medical devices.

• The bill exempts small businesses and low-volume packaging producers.

• The stewardship organization is responsible for all financial costs of the program and must reimburse local governments for collection, transportation, and processing costs.

• Fees must include criteria that incentivize the use of recycled content, and the reuse of packaging materials.

• The funds from the stewardship program will be awarded to increase access to recycling infrastructure, recycling, and recyclability education for consumers.  

Oregon

• Bill 582 details the development of a producer responsibility program for packaging, food service ware, and printing and writing paper.

• Under this program, producers are required to implement a producer responsibility plan, either individually or as a producer responsibility organization (PRO).

• The packaging covered by this bill includes paper, plastic, glass or metal, or a mixture. The bill excludes, among others, toxic or hazardous materials labeled to be disposed of in a manner other than recycling.

• Each producer must register and be a member of a PRO that administers a producer responsibility program, but exempts small businesses, and low-volume packaging producers.

• A PRO shall fund in advance or reimburse the local government or the local government’s service provider for eligible costs.

• A producer responsibility organization’s membership fee structure must consider post-consumer content of the material. 

• A PRO shall work with local governments and collection service providers to provide recycling services to users not receiving recycling services and should deliver educational resources.

What does this mean for the Lubricant Container Recycling efforts?

The attention earned by EPR legislation in 2021 could bring the possibility of future changes within the lubricant container recycling scope. This represents an opportunity for the lubricant container industry to come together under a unified approach and collaborate to bring the change needed for recycling hard-to-degrade plastics such as lubricant containers. 

Investments in collection and recycling infrastructure are needed to help meet the US’s disposal management needs and create a resilient solid waste system that can withstand an increasing demand and pressures from disruptions. For this, there is no company alone that can shift the existing industry and community standards. To be able to make bold changes within a community, building trust and collaboration between many is essential.   

 From industries to households, everyone has an essential role in reducing the lubricant container waste problem in the US and this cannot be achieved without collaboration.

The US lubricant industry is taking a leadership stance on this national issue with the formation of the National Lubricant Container Recycling Coalition (NLCRC). 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 post-consumer recovery and recycling solutions for plastic lubricant containers.  

Our founding leaders include Castrol, Valvoline, Pennzoil - Quaker State Company, Graham Packaging, and Plastipak Packaging. Learn how the NLCRC is addressing the waste problem by becoming a member.

Connect with us through LinkedIn and Twitter. If you have any questions or inquires, send us an email at hello@nationallcrc.com.