Extended Producer Responsibility: What To Know About EPR
EXECUTIVE SUMMARY
EPR represents one of the single largest sustainability challenges in history, and failure to comply can result in devastating consequences. This overview provides the top-level information you need to get on the fast track for EPR compliance.
A Bird’s Eye View of EPR
If you’re unfamiliar with Extended Producer Responsibility (EPR), now is the time to sit up and pay attention. Six US states are implementing EPR laws with varying levels of reporting requirements and non-compliance fines your company can’t afford to incur. Read on for the essentials of EPR.
Download our bulletin for the state-by-state deadlines you need to know.
What Is EPR?
In the US, Extended Producer Responsibility is a policy approach intended to reduce the environmental impact of certain types of packaging by holding producers responsible for the lifecycle of their packaging product.
Who Is a Producer?
It’s important to note that “producer” isn’t limited to the companies that manufacture the packaging, it also applies to companies that introduce goods onto the market in jurisdictions with EPR laws.
History of EPR
EPR as a general concept has older roots than you might expect.
1980s: Sweden and Germany’s concerns about resource depletion, pollution, and waste management led to early policy discussions.
1990: Swedish economist Thomas Lindhqvist introduced the term Extended Producer Responsibility in a report to the Swedish Ministry of the Environment.
1991: Germany introduced the Packaging Ordinance in, making it the first major EPR policy
1994: The European Union implemented the first EPR regulations for packaging waste.
2000s: The EU, US, Japan, and China introduced eWaste regulations to target excess waste from electronics, including home appliances and vehicle batteries.
2015: The EU Circular Economy Action Plan bolstered EPR requirements for plastic waste, packaging, and textiles.
Today, international negotiations are debating the creation of global EPR rules on plastic waste. In the US, multiple states are targeting plastic and packaging through domestic EPR laws.
What States Have EPR Laws?
In the United States, companies doing business in these states will soon have to contend with EPR reporting:
EPR Deep Dive: California | EPR Deep Dive: Colorado | EPR Deep Dive: Oregon
EPR policy is still evolving, with these states introducing bills including EPR language in 2024 and 2025:
Michigan
New Jersey
New York
Massachusetts
Washington
While these bills have only been introduced and there will likely be significant debate and multiple amendments made if they are to go through, it’s best for producers to keep an eye on EPR developments in these states.
Why Do EPR Laws Exist?
Think about how much packaging you go through every day. Even a simple Amazon delivery like a charger comes with multiple layers of packaging you have to dig through to get to your product. You’ll likely go through and discard the delivery box, the product box, cardboard structuring within that box, and a plastic bag containing the actual charger—let alone any tape and stickers on various components.
Our municipalities are completely overwhelmed by everyday packaging, and they pass collection fees for garbage and recycling on to consumers. It’s not sustainable for anyone. Individuals can control how much they consume, but only producers have control over the amount of total packaging introduced to the market.
EPR laws are essentially a tax on the companies that decide on the actual packaging to incentivize materials and design that are recyclable, sustainable, and minimal.
What Materials Does EPR Cover?
The EPR laws going into effect in 2025 and beyond focus mostly on packaging materials including:
Paper products
Plastics
Food packaging
However, some states have uniquely specific lists of materials. Maine, for example, lists boat wrap commonly used in its marine industries. See each state’s EPR laws for specific covered materials.
What Does EPR Require Companies to Do?
The most important action to take is to join your state’s Producer Responsibility Organization (PRO). The PRO for all six states is currently the Circular Action Alliance (CAA). Registering with the CAA allows you to participate in the Producer Working Group and receive details on fees and data collection requirements once they are available for your state.
What Do PRO Fees Go To?
Your PRO fees will go toward the costs required by your state’s particular law. Most states will use the fees to manage end-of-life packaging management, such as collection, processing, and education outreach programs.
The fees you pay will also depend on your state’s agreed-upon structure. As an example, companies doing business in California will pay fees based on:
The type of material, based on market demand, recyclability, and processing costs.
Eco-modulation adjustments that take into account amount of recycled material per product, design for recyclability, and toxicity.
The PRO will also collect an annual surcharge of $500 million that funds mitigation efforts against plastic pollution. There will also be administrative fees collected, and the overall fee schedule will be adjusted annually to ensure the program’s expenses are covered.
This is just one example of how fees may be calculated by PROs.
How Should Companies Prepare for EPR Laws?
Because each state’s laws are different and subject to change, best practices in preparing for EPR laws include:
Understanding which states have EPR laws relevant to your products.
Determining which of your materials are covered.
Conducting a packaging and product assessment, including materials review and lifecycle analysis.
Register with applicable PROs.
Begin collecting data for required reporting.
Analyze fee budgeting and impact.
Develop eco-friendly packaging, focusing on reduced plastics and non-recyclable labels.
Partner with waste management companies and recycling programs.
Work with suppliers to move toward sustainable materials and logistics.
Implement data tracking software for reporting and train teams on EPR compliance.
These practices require significant planning and effort in aligning with EPR laws, but you don’t have to go it alone. Snaplinc Consulting specializes in guiding businesses through the process of coming into EPR compliance and helping maintain that compliance through changing regulation.
Get in touch with us today to see how we can help chart your company’s EPR journey.