EXTENDED PRODUCER RESPONSIBILITY (EPR)

If you’re looking for more information on the New York State Packaging Reduction & Recycling Infrastructure Act, please click here.

Extended producer responsibility (EPR) is a policy tool making producers legally and financially responsible for mitigating the environmental impacts of their products and packaging.

It’s a commonsense policy that’s been more widely adopted in Canada and the European Union. Although interest is growing here in the U.S., there are few existing EPR laws on the books - just a handful of states have mandated EPR programs for products like paint, batteries, and mattresses.

When done correctly, EPR policies can create jobs, reduce waste, preserve precious natural resources, decrease greenhouse gas emissions, and lighten the financial burden for the under-funded municipalities and agencies tasked with waste management and recycling.

Globally, packaging EPR programs are the most common, more than electronics, household hazardous waste, appliances, or any of the other programs developed to date. More than one billion people live in places where consumer goods companies pay some or all of the costs of packaging collection and recycling. With the exception of container-deposit laws (also known as “bottle bills”), the United States is the only country out of 34 members to the Organization for Economic Co-operation and Development (OECD) that does not have EPR for packaging programs established. Even non-OECD countries including Russia, Taiwan and several South American countries have passed and are implementing EPR for packaging programs.

A 2023 nationwide poll of U.S. voters found overwhelming support from both Republicans and Democrats for shifting the cost of cleaning up plastic pollution from taxpayers to the companies that make and use plastic.

However, EPR for packaging is gaining in popularity here in the U.S. and could be part of the solution to our growing packaging waste and plastic pollution crisis, but only if it is designed correctly.

In theory, shifting costs from taxpayers to the companies encourages companies to use less packaging and choose items that are more recyclable. But EPR will only achieve these outcomes if the legislation includes specific reduction requirements and standards for recyclability, recycled content and elimination of toxic substances.

For example, the European Union has had an EPR for packaging directive in place for years but has seen no reduction in packaging waste during that time although recycling rates have improved. Many EU countries are now adding specific waste reduction targets to their EPR systems in an attempt to improve the effectiveness of their programs.

The plastics and packaging producers see the writing on the wall – the public is demanding solutions to the ubiquitous problem of plastic pollution. In a recent global survey by the market research company IPSOS, 75% of respondents said they want single-use plastics banned.

Unfortunately, the plastics and packaging producers are now aggressively trying to co-opt EPR by throwing their support behind weak bills and seizing an opportunity to look like they’re doing something without doing much of anything. Many of the EPR for packaging bills backed by the industry put the polluters in the driver's seat and ask them to self-regulate. Can you imagine asking the tobacco industry to solve the smoking problem? Or asking fossil fuel companies to solve climate change? It simply won’t work.

Ten Requirements for Effective EPR

In order to be effective at reducing waste, Extended Producer Responsibility policies and programs must include the following ten pillars. Click here to download these ten requirements (PDF).>>

Model Packaging Reduction and Recycling Act

In partnership with Just Zero, we’ve developed a very strong model bill that includes all of the key pillars of effective Extended Producer Responsibility while avoiding common pitfalls.

Flow Chart

Extended Producer Responsibility is complicated! We’ve created this flow chart of the policy approach our Model Packaging Reduction and Recycling Act lays out to help make it easier to grasp.

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RESOURCES

VIDEOS

Interview with Judith Enck on EPR, June 8, 2022 | Scripps National News

Beyond Plastics Series: Extended Producer Responsibility Master Class for Advocates | 2021

Recording of March 22, 2021 Extended Producer Responsibility Master Class for Advocates with Judith Enck, president and founder of Beyond Plastics and former EPA Region 2 Administrator and Heidi Sanborn, Executive Director at the National Stewardship Action Council and Director at Sacramento Municipal Utility District

Recording of July 16, 2021 Extended Producer Responsibility Master Class for Advocates about British Columbia’s Extended Producer Responsibility Program with expert speaker, Allen Langdon, President and CEO of Encorp Pacific and moderated by Judith Enck, president and founder of Beyond Plastics and former EPA Region 2 Administrator

Recording of August 20, 2021 EPR Master Class for Advocates Session about Maine’s new EPR law with expert speaker, Sarah Nichols , Natural Resources Council of Maine’s Director of Sustainable Maine and the architect and champion of the new law, moderated by Heidi Sanborn, Executive Director at the National Stewardship Action Council and Director at Sacramento Municipal Utility District

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