While countries worldwide propel forward in the progress of extended producer responsibility (EPR) and recycling regulations, the question is often asked what is the landscape of EPR in the United States of America (USA)? With the recent elections in November 2024 and significant uncertainty around the ambiguous future of environmental safeguards and legislation, it is important for companies to understand their existing EPR compliance requirements and what potential regulations are on the horizon.
In the USA, on a federal level, there are no existing EPR or recycling regulations that require producers or industries to finance the waste management of Packaging, E-Waste, or Batteries. Throughout the years there has been a cycle where the prioritisation of federal EPR laws in the USA has peaked and plummeted with the changes in government administration. With the focus of international leaders on EPR legislation in 2020, with an updated version reintroduced in October 2023, the USA proposed the federal, Break Free From Plastic Pollution Act (H.R.6053). This act aims to implement producer responsibility regulations and recycling rate targets on plastic, paper, and single-use plastic packaging on a federal level in the United States. This bill is yet to pass through the various stages of government, with a majority democratic party sponsorship and the expected interruptions to environmental policies, the future of this bill is uncertain,. However, the proposal of this act has aided in the development of state-level EPR and recycling compliance legislation. Despite this there are federal and state-level related regulations in the USA that place responsibility on the producers, such as labelling requirements, material bans and DRS schemes.
Although there is a lack of federal EPR legislation in the USA, there is an abundance of statewide legislation across E-Waste, Batteries and Packaging that requires producers to be responsible for the waste management of their products and packaging.
Packaging
In the USA, 21 states have implemented packaging regulations with EPR or recycling compliance requirements with non-compliance penalties of up to $ 50,000 (USD) per violation. The regulations place responsibility on producers to manage their products throughout their life cycle. There is no standardised definition of a producer across the states, however, this can include to manufacturers, retailers, wholesalers, third-party sellers via e-commerce and brand owners. While this seems straightforward these definitions are context-dependent and will vary based on states, business-to-business (B2B) or business-to-consumer (B2C) and thresholds
Within the 21 US states, only six states have active EPR bills:
- Maine: Act to support and improve municipal recycling programs and save taxpayer money (LD1541)
- Oregon: Modernizing Oregon’s Recycling System (SB582)
- California: Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB54)
- Colorado: Act for a Producer Responsibility Program (Packaging) for Statewide Recycling (HB22-1355)
- Maryland: Statewide needs assessment and EPR for Packaging Materials (SB222)
- Minnesota: Packaging Waste and Cost Reduction Act (HF3911)
Each of these EPR regimes has varying requirements including the need to operate or join producer responsibility organisations (PROs), product stewardship programs, recycling targets, recycled content targets, material bans and other compliance requirements. Although the majority of the EPR regimes have not been fully implemented and the obligations are only starting from 2025, some states such as Colorado PRO registration requirements, have already begun in 2024.
In addition to the active EPR bills, the states have introduced, amended, or reintroduced numerous EPR and EPR-related bills in 2024 that require monitoring. For example, Michigan has introduced the Extended Producer Responsibility bill for packaging (HB.5902) and Massachusetts has introduced the S2833 An Act to Reduce Plastics as their initial steps towards an EPR regime. Furthermore, New Jersey has reintroduced their EPR regulation with hopes of the bill progressing through the necessary channels. While they may not be active there are other important states to monitor for EPR or recycling-related information. Other bills, however, have not been as successful such as the Rhode Island Draft Act related to Extended Producer Responsibility for Packaging (HB7023) and the Pennsylvania Draft Extended Producer Responsibility Act (HB1873) that have died in committee. This extends to similar laws such as Washington’s EPR Re-WRAP postponed act, this does not mean the regulations will not enter into force, there is a possibility that there will be a resurgence of interest and development of the unsuccessful regulations.
E-Waste
Concerning E-waste 26 US states have created EPR regimes that manage electrical and electronic products throughout their lifecycle. Across the states, there are various eco-contribution models in place and non-compliance penalties can be up to $ 1 million (USD) per violation. The following states reflect a portion of the states with EPR regimes that are either enacted or are in the draft stages, Alaska, California, Colorado, Connecticut, Maryland, Michigan, Missouri, New Jersey, New York, Oregon, Vermont, Washington, Wisconsin,,,,.
The e-waste EPR regulations are structured similarly to each other and those in other countries by either requiring producers to finance a state program/product stewardship program or to operate or join a collection compliance scheme. However, unlike most other EPR schemes e-waste regulations in the USA reduce the emphasis on the distinction between B2C and B2B and the scope of electrical and electronic products that are common in European and even Canadian laws is much narrower. Most EPR regulations in the USA limit their scope to devices such as computers, consoles, televisions, printers, telecommunication devices, appliances, and digital display devices. This is not the full scope across the states; however, the general theme is that these are the priority products associated with EPR, but with constant developments in the technology and EPR sector this scope is likely to increase.
Batteries
Batteries have been regulated in the USA since the early 1990s, with federal laws still in place that regulate the transport, collection, storage, and disposal of certain battery types that are classified under hazardous regulations. Among other components, these regulations focus on the restrictions placed on batteries containing mercury and nickel-cadmium as well as lead acid batteries,. However, despite the presence of these federal regulations, there are currently no EPR or takeback requirements for batteries on a federal level.
Alike the packaging and e-waste regulations, the lack of a federal EPR bill has not dissuaded states from implementing their regulations. Currently, 13 US states have implemented battery regulations that place obligations on the waste management of batteries, with maximum non-compliance penalties reaching $ 10,000 (USD) per violation. A few of the states that currently have regulations for batteries are California, Connecticut, Vermont, Washington and most recently Illinois,,,,, which from 2026 has placed EPR requirements on portable and medium format batteries. Although the states have similar scopes for producers and products each state is context-dependent and the realities of who or what is obligated can often be confusing.
As international countries continue to implement EPR and environmental waste management regulations, there is the outstanding question of how the USA will participate in global trends. Despite the absence of federal law across packaging, e-waste and batteries, there is a positive shift towards an increasing number of state-level active and draft regulations. With the increased and expected increase in state legislation, there is optimistic anticipation around the eventual development of a standardised federal EPR regulation.
The rapid rate at which EPR regulations are evolving can be frustrating for businesses and will continue to keep track of and interpret EPR regulations, along with other environmental laws impacting packaging, textiles, electricals, batteries, and wider sectors. Our exclusive Global EPR Matrix offers a unique insight into EPR laws that should educate you about your business’s obligations.
Get in touch with us today to learn more about our services. Please speak to one of our advisors today at +441865502176 or email us at info@ecoveritas.com.
