US Extended Producer Responsibility (EPR) Regulations: What Brands Need to Know
Extended Producer Responsibility (EPR) is not a new concept. It has been present for years in parts of Canada and the European Union, but it’s now gaining momentum in the United States as a policy approach for managing plastics and packaging. As more states implement these laws, understanding EPR has become essential for brands producing or distributing goods with plastic or other packaging materials. In this quickly evolving space, we’re here to provide an overview on EPR to help you get started.
What is EPR?
According to the Sustainable Packaging Coalition, Extended Producer Responsibility (EPR) is a policy approach where producers are responsible for managing the end-of-life of their products, which may include post-consumer recycling and disposal. Already in place in California for items like carpets, batteries, and mattresses, EPR policies aim to reduce waste by shifting the burden of end-of-life disposal to the companies that manufacture or sell these products.
Where EPR is Happening in the US
While EPR legislation has not reached the federal level, various states are taking steps to implement their own EPR regulations. California, Colorado, Maine, Minnesota, and Oregon have all passed EPR laws, while several other states are in the process of proposing or exploring similar measures. While it’s a patchwork approach, it reflects an increasing commitment to reducing waste, challenging brands to keep up with varying requirements across states.
The Role of Producer Responsibility Organizations (PROs)
To manage the complexity of EPR regulations, a Producer Responsibility Organization (PRO) is often appointed. PROs help producers register, report, and comply with local EPR requirements, simplifying an otherwise daunting process. In the US, the Circular Action Alliance (CAA) serves as the PRO for California and Colorado and is preparing to become the PRO for Oregon. By partnering with CAA or another PRO, brands can more easily meet their reporting obligations and access critical compliance resources.
Does EPR Apply to You?
Understanding if these regulations apply to your business can be confusing. Generally, if you manufacture or sell covered packaging materials in an EPR-enforced state, you might be subject to the law. Measure to Improve recommends consulting with your legal counsel to clarify if your business qualifies as a “covered producer” and if you’re supplying “covered materials.” For companies with complex structures, such as those with multiple entities under a parent company, additional resources can help determine coverage, including:
Next Steps for Covered Producers
If you determine that EPR laws apply to your business, here’s how to prepare:
Register with the CAA: Registering with the CAA provides access to the latest information on EPR obligations and ensures compliance. Only registered producers are eligible to access resources through CAA.
Prepare Data for Reporting: Producers must submit detailed reports on the packaging materials used, including specifics like weight and material type. The reporting requirements are still being finalized, but Oregon’s deadline, for instance, is March 31, 2025. Registering with CAA will provide access to reporting requirements when they’re ready.
Stay Informed on Reporting Standards: As data reporting standards are refined, CAA will offer guidance to registered producers, helping them maintain compliance with these state-specific EPR laws.
How Measure to Improve Can Help
Measure to Improve understands that navigating EPR regulations can be complex, especially with differing state standards. We’re here to assist you in preparing for and complying with EPR requirements so you can continue to focus on your larger sustainability goals. Contact us today for more details on how we can support your sustainable packaging or sustainability programs.