The regulatory landscape in the United States is evolving rapidly as lawmakers respond to growing concerns about climate change, chemical contamination, and resource management. Key developments in climate-related rules, PFAS regulation, and Extended Producer Responsibility (EPR) are transforming the way businesses operate, with significant implications across industries. Here’s what you need to know about these changes related to EPR and when they take effect.
Extended Producer Responsibility (EPR)
Extended Producer Responsibility (EPR) is gaining traction in the U.S. as a key policy approach for reducing waste and encouraging sustainable product design. These laws shift responsibility for the end-of-life management of products and packaging from consumers to producers, driving innovation in recycling and resource efficiency. States like California, Colorado, and Oregon are leading with progressive EPR programs.
California’s EPR for Packaging
California’s SB 54, enacted in 2022, is among the most ambitious EPR laws in the U.S. It mandates that by 2027, all packaging must be recyclable or compostable, with producers required to reduce the amount of plastic used by 25% by 2032. Producers must also participate in a state-approved stewardship organization to manage the collection and recycling of packaging materials.
Key Requirements:
- Phased reduction of plastic packaging by 2032.
- Funding improvements to recycling systems through producer fees.
- Developing systems for compostable and recyclable materials.
Oregon and Colorado’s EPR Programs
Both states have implemented laws requiring producers of certain materials (e.g., packaging, paper products) to contribute to waste management systems:
- Oregon: The Plastic Pollution and Recycling Modernization Act, effective in 2025, creates producer responsibility organizations (PROs) tasked with improving statewide recycling infrastructure.
- Colorado: Its 2022 EPR law phases in from 2025, requiring companies to fund programs that improve recycling rates and ensure proper end-of-life management of packaging materials.
State-Specific EPR Law Pages
State-Specific EPR Law Pages:
- California – “Plastic Pollution Prevention and Packaging Producer Responsibility Act” (SB 54)
- Colorado – “The Producer Responsibility Program for Statewide Recycling Act” (HB 22-1355)
- Illinois – “Statewide Recycling Needs Assessment Act” (SB 1555)
- Maine – “The Extended Producer Responsibility for Packaging Act” (LD 1541)
- Maryland – “Environment – Statewide Recycling Needs Assessment and Producer Responsibility for Packaging materials” (SB 222)
- Minnesota – “Packaging Waste and Cost Reduction Act” (HF 3911)
- Oregon – “Plastic Pollution and Recycling Modernization Act” (SB 582)
Federal Progress on EPR
Although no federal EPR law exists, there is growing interest in harmonizing state laws. Congress has proposed bills such as the Break Free from Plastic Pollution Act, which would create nationwide standards for plastic reduction and recycling, though these remain under review.
Business Implications
EPR laws require businesses to rethink product design, packaging materials, and waste management strategies. Companies should:
- Evaluate their use of non-recyclable or hard-to-recycle materials.
- Partner with or establish producer responsibility organizations (PRO), such as Circular Action Alliance.
- Invest in sustainable alternatives to meet EPR compliance deadlines.
These laws are transforming the waste management landscape and pushing producers to adopt circular economy principles, ensuring materials are reused rather than discarded. Businesses that adapt early can gain a competitive edge while contributing to a more sustainable future.
How Emerger Strategies Can Help
Reducing waste and improving resource efficiency isn’t just environmentally responsible—it’s smart business. We can help your company:
♻️ Achieve zero waste operations through guidance and support for TRUE Zero Waste Certification.
♻️ Conduct comprehensive waste audits and analyses to cut costs, reduce landfill waste, and improve operational efficiency.
♻️ Source or design sustainable packaging solutions that align with consumer demand for eco-friendly products.
As proud partners of A New Earth Project, the sustainability initiative of Atlantic Packaging, we connect your business to cutting-edge solutions for sustainable packaging. Together, we’ll help your company minimize environmental impact while maximizing value and reputation.
Let’s work together to turn waste into opportunities for growth. Learn more about our Sustainability Consulting Services.