How to Prepare for Extended Producer Responsibility Requirements
The Extended Producer Responsibility (EPR) legislative landscape is rapidly evolving, marked by the recent inclusion of Minnesota among the states who have implemented packaging EPR laws. Currently, five states—California, Colorado, Oregon, Maine, and now Minnesota— have passed packaging EPR laws and are developing policies. The NLCRC has determined that these EPR laws will affect packaging in the petroleum/automotive sectors, and other areas where lubricants and related products are used. As EPR legislation continues to gain momentum, understanding and preparing for these changes is crucial for producers and other members of the value chain.
EPR laws are designed to shift the responsibility of municipal recycling programs to producers, imposing fees based on the total amount of packaging distributed (sold). This initiative is managed by state-approved Producer Responsibility Organizations (PROs), which oversee fee collection and the enhancement of recycling infrastructure. Producers across these states face imminent deadlines to join their respective PROs, the first occurring on October 1, 2024 in Colorado.
Complying with EPR begins with collecting data related to product distribution in each state and material specifications on packaging. In some cases, this process can be complicated and time-consuming, potentially involving multiple internal resources, customers, and suppliers. To prepare for this, the following information should be collected:
A comprehensive list of all the products a producer sells within the applicable EPR states.
For each product, a list of the different packaging formats (types) used to contain those products.
For each packaging type, the materials used and their respective weights (e.g., grams or ounces).
Addressing the challenges of EPR legislation in this industry requires collaboration. With varying state regulations and unique challenges, stakeholders must work together to develop collaborative solutions. This involves manufacturers, suppliers, distributors, recyclers, and other relevant entities within the supply chain.
The National Lubricant Container Recycling Coalition or “NLCRC” is an industry-led coalition funded by a committed consortium of value chain stakeholders focused on establishing solutions for the recovery and recycling of packaging for petroleum-based and related products utilized in the transportation and industrial applications Industry. Members include Berry Global, Castrol (part of BP Group), Chevron, CKS Packaging Inc., ExxonMobil, Graham Packaging, Independent Lubricant Manufacturers Association, Lucas Oil, Nexus Circular, Pennzoil - Quaker State Company, Petroleum Packaging Council, Plastipak Packaging, RPM eco, Safety-Kleen, and Valvoline. For more information, visit https://www.nationallcrc.com
