Nine US states coordinate on EPR legislation holding manufacturers accountable for plastic waste

State legislators from nine US states are introducing extended producer responsibility (EPR) bills or legislation in a coordinated effort to hold producers responsible for the end-of-life management of packaging, particularly plastics. 

The National Caucus of Environmental Legislators (NCEL) is facilitating this EPR network by providing a space for legislators to regularly meet to discuss policy ideas, strategies and lessons learned.

“EPR is one part of the spectrum of necessary strategies to address our waste crisis,” Yinka Bode-George, NCEL’s environmental health manager, tells PackagingInsights.

The states in the group have also been working on single-use packaging bans, container deposit laws and recycled content mandates to address the impacts of waste.

“Establishing an EPR for packaging models with these other strategies can help reduce plastic packaging at the source. It puts the burden of dealing with it on the producers rather than the taxpayers who are currently shouldering the cost,” Bode-George details.

EPR for packaging is a policy approach extending the producer’s responsibility for a product to include its management after use by the consumer.

The long-term vision
States striving for EPR legislation include California, Colorado, Hawaii, Maryland, New Hampshire, New York, Oregon, Vermont and Washington. 

Current estimates show the US only recycles about half of post-consumer packaging. To tackle this, EPR policies aim to:

• Increase recycling.
• Reduce the current volume of packaging.
• Help divert single-use plastics from landfills, ocean dumping, and incineration. 

Bode-George adds that zero-waste strategies and addressing hazardous substances, such as per- and polyfluoroalkyl substances (PFAS) can help ensure recycled materials are eliminating potentially toxic exposures.

No more peddling recycling myths
The coordinated EPR strategy includes Californian legislators striving for a 75 percent source reduction, recycling, and reuse goal in part by making businesses financially responsible for management and recovery of plastic waste.

Legislators from nine states are forming an EPR for Packaging Network and pushing EPR legislation.In Maryland, a bill would require producers to submit a “stewardship plan” to the state Department of Environment by October 2022.

Washington State’s SB 5022 bill would ensure packaging materials, plastic and otherwise, are 90 percent reused or recycled by 2040. 

“We cannot keep pushing environmental costs on to states and municipalities while the industries that profit from polluting continue to peddle the myth that local, taxpayer-funded recycling programs are a real solution,” says Hawaii state representative Nicole Lowen. 

Hawaii’s marine environments are particularly threatened by irresponsible waste management, impacting its economy, public health and way of life. 

“By working with other states through NCEL’s network, I hope that together we can move the industry to take action on a national scale, and move the public to demand that they do so,” affirms Lowen.

Incineration impacting communities of color
By working together, these states are also addressing the environmental injustices from incinerators, packaging contents and landfills. 

Each of these has disproportionate impacts on low-income and communities of color, resulting in increased air pollution and toxic chemical exposure. 

“Incineration facilities that burn plastic waste are disproportionately located in Black and Brown communities causing increased air pollution and toxins,” Bode-George flags.

Incineration facilities are disproportionately located in Black and Brown communities, causing increased air pollution and toxins.“EPR policies can help reduce incineration and result in these communities having cleaner air and reduced toxins in their environment.”

Legislative momentum statewide
Bode-George notes that while states have looked to the EU and British Columbia for examples of successful models of packaging EPR, legislators are also reflecting internally on what bills will best suit their constituents’ needs. 

“States are looking to each other for models of what is and isn’t successful, which is what makes this network of legislators invaluable.”

She also points out the EPR legislation momentum is growing this year, which helps to get the conversation started on how to deal with the financial burdens of plastic waste facing taxpayers. 

“Having multiple states working on a similar issue like this also helps to show that they aren’t alone. Many states across the country are working toward similar goals along with other zero waste strategies.”

The plastic waste crisis in the US is facing renewed scrutiny. The Recycling Leadership Council (RLC) publication of a blueprint has detailed how the US government could unify its disparate recycling systems to create a more circular economy. 

While members of the US Congress are lauding the blueprint and calling for immediate implementation, Greenpeace is accusing the RLC of attempting to shirk responsibility and force taxpayers to carry the burden caused by industry.

By Anni Schleicher