Extended Producer Responsibility (EPR) is a policy approach that shifts the responsibility for managing post-consumer packaging collection, logistics, and recycling from local governments to the producers. This policy approach assesses fees based on the amount of packaging sold in the state in the U.S. where EPR applies. EPR laws mandate that producers pay fees based on the total amount of their distributed (sold) packaging. To manage compliance with this initiative, state-approved Producer Responsibility Organizations (PROs) are tasked with collecting these fees and using them to improve recycling infrastructure.

In 2021, Maine and Oregon were the first states to enact Packaging EPR laws. They were followed by California, and Colorado in 2022, and, Minnesota in 2024. Currently, each state is in the process of detailing the specifics of its EPR programs through policymaking. They have outlined estimated timelines for these programs, highlighting crucial milestones. These include the deadlines for producers to either assign or join a Producer Responsibility Organization (PRO), complete state-required assessments, and, in certain instances, the start dates for when producers must begin paying EPR fees. 

Each state has defined who has the authority to oversee the EPR program differently:

• Maine's Packaging EPR law stands out because it places most of the program's control in the hands of the Maine Department of Environmental Protection (DEP).

• Oregon's law grants the Oregon Department of Environmental Quality (DEQ) 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 (MPCA) in setting recycling goals and shaping the program's structure.

The EPR legislative context is rapidly evolving. In 2024 alone, the following states introduced EPR bills: Washington, New Jersey, New York, Tennessee, Rhode Island, New Hampshire, Massachusetts, Hawaii, and Illinois. With 2024 being a presidential election year in the U.S., many potential scenarios could influence EPR positions in the 2025 legislative session.

As EPR legislation continues to gain momentum, understanding and preparing for these changes is crucial for producers and other members of the value chain. We invite you to stay tuned to our packaging EPR blog series. Upcoming posts will provide insights on the NLCRC work around EPR in the U.S. 

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