Extended Producer Responsibility (EPR) laws are reshaping the waste management landscape by transferring financial and operational responsibility from consumers and municipalities to producers. These laws require businesses to manage the entire lifecycle of their products, from creation to end-of-life disposal—whether that means recycling, composting, or landfill.
As policymakers increasingly scrutinize green marketing claims and product disposal practices, businesses are grappling with a patchwork of regulations. State-level rules often exceed federal standards, adding layers of complexity and confusion. This blog will guide you through the key aspects of EPR laws and provide practical steps to help your business navigate compliance in this rapidly evolving regulatory environment.
What is Extended Producer Responsibility?
Extended Producer Responsibility is an environmental policy that holds producers accountable for the entire lifecycle of their products, particularly for disposal after use. The aim is to motivate companies to create more environmentally friendly products by taking charge of recycling, reuse, or disposal once consumers are finished with them.
Key Components of EPR
While Extended Producer Responsibility focuses on product circularity, it relies on several key components to make it work.
- Producer Responsibility: Manufacturers must collect, recycle, and dispose of their products, shifting environmental costs from governments and consumers to producers.
- Product Design: EPR encourages manufacturers to create products that are easier to recycle, last longer, or are biodegradable.
- Waste Reduction and Recycling: EPR increases recycling rates and reduces waste in landfills and incinerators.
- Funding Mechanisms: Producers fund waste management systems directly or through fees, covering costs for collection, sorting, and recycling.
- Reporting and Compliance: Producers must report their compliance with EPR regulations, detailing the quantities of products placed on the market, collection rates, and recycling targets.
Who is Passing EPR laws?
In the US, states are passing EPR laws for products that create waste, such as packaging and electronics. So far, California is in the lead, with 12 EPR laws, with Colorado, Maine, Maryland, Minnesota, and Oregon not far behind. Several other states have recently proposed EPR laws, including Hawaii, Illinois, Massachusetts, New Jersey, New York, North Carolina, and Washington. Currently, there is no US federal EPR legislation, and in Canada, like the US, EPR laws are established at the provincial level. The European Union, however, has a framework of four waste directives that guide member countries in their legislation.
What Products Are Covered?
The US now has 141 EPR laws in 33 states covering 20 products, with more being proposed daily. The beverage industry implemented the first form of EPR with the deposit refund system for bottles and cans in the 1970s. Since then, various products, including tires, carpets, batteries, and mattresses, have been subject to EPR laws. Electronics, packaging, and textiles top the list with growing legislation.
Electronics: Electronics was one of the first product categories to have EPR laws. Currently, 23 states have electronics EPR laws. An EU Directive implemented in the 2000s required EPR legislation for Waste Electronic and Electrical Equipment (Directive 2012/19/EC: WEEE). Electronics continue to have the largest portion of EPR laws (35%) in EU member countries.
Packaging: Five states (California, Colorado, Maine, Minnesota, and Oregon) currently have packaging EPR laws, which focus primarily on plastics, paper and cardboard, glass, and metals. In the EU, EPR packaging regulations are well-established. In addition to the materials included in US legislation, these regulations also cover wood, textiles, and composite packaging. While they adhere to the EU Directive, each member country has its own specific laws regarding these regulations. The current rules on packaging waste (Directive 94/62/EC: Packaging and Packaging Waste) are under a proposed change.
Textiles: The textile industry is one of the biggest polluters in the world. In the European Union, France, Netherlands, and Hungary all have adopted mandatory EPR legislation for textiles, with proposed legislation in many other EU countries. In 2024, California was the first state in the US to pass textile EPR legislation (SB 707). Below is an overview of the California law.
Understanding the specific EPR regulations for different products in each region is essential for compliance and responsible waste management.
How EPR Works in Practice
In practical terms, EPR regulations can take various forms, including:
- Take-back Schemes: Producers must accept products back from consumers after use.
- Recycling Targets: Producers must meet specific targets for recycling or reducing waste.
- Eco-Modulation Fees: Manufacturers pay fees based on how eco-friendly their products are, such as whether they can be recycled or contain recycled materials.
Producers often join a Producer Responsibility Organization (PRO) to assist with these functions.
Joining a Producer Responsibility Organization
Many EPR programs require producers to join Producer Responsibility Organizations. PROs charge fees to cover legislative requirements and develop plans for the collection, recycling, and disposal of products and packaging. They monitor program performance by collecting data on recycling and collection rates. PROs ensure compliance with responsibility plans and regulations.
Complying with EPR Laws
The shifting of responsibility for waste management from consumers and municipalities to producers places a greater burden on companies. Companies must identify whether they are responsible producers of materials covered by EPR regulations. Additionally, the regulatory differences between states and countries can be hard to follow and add to the increased burden on companies.
Softly Solutions can help you navigate these new regulations. Use Softly’s Green Claims Navigator to learn which EPR regulations are relevant to your business. The Green Claims Navigator has the latest information about EPR laws and other regulations relevant to your green claims.
By keeping with EPR legislation, companies can effectively manage their responsibilities under EPR regulations and ensure compliance in an evolving landscape.
References
- EPR Legislation and Packaging: Laws in the US vs. EU
- Product Stewardship Institute
- DIRECTIVE 2012/19/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 4 July 2012 on waste electrical and electronic equipment (WEEE)
- Extended Producer Responsibility | OECD
- Directive 94/62/EC on packaging and packaging waste.
- Pushing the boundaries of EPR policy for textiles
- California 2024 Textile EPR Law SB 707 Summary – Reverse Logistics Group