How We Got Here: What Producers Need to Know About the Rise of EPR in the U.S. 

Extended Producer Responsibility (EPR) has moved quickly from a policy concept to an operational reality across the United States. For producers—including those in the petroleum, automotive, and lubricants sectors—the question is no longer if EPR will apply, but how to prepare for compliance in a rapidly expanding and increasingly complex regulatory landscape. 

Why the Traditional Recycling System Falls Short 

Under the current recycling systems model, state and local governments bear responsibility for collection and recycling, while market signals from end users and material demand rarely reach municipalities. Recycling budgets often compete with public safety, libraries, and other local priorities, and higher commodity prices do not reliably translate into expanded collection or improved infrastructure.  

This structural disconnect is one of the core reasons EPR has gained traction. By shifting financial and operational responsibility upstream to producers, EPR policies are designed to create a more consistent funding mechanism for recycling and to better align system incentives with material recovery outcomes. 

What EPR Is and How It Works 

At its core, EPR is a policy approach in which producers take responsibility for managing products or packaging at the end of their useful life. That responsibility can be financial, operational, or both, and is most often fulfilled collectively through a Producer Responsibility Organization (PRO).  

Under a typical EPR governance structure: 

• Producers join a PRO and pay fees based on covered materials they supply into a state. 

• PROs manage funds, contract with recyclers and service providers, reimburse local governments, and report performance to state agencies. 

• State agencies oversee rulemaking, approve PRO plans, enforce compliance, and audit program performance. 

• Advisory boards, where required by statute, bring together producers, local governments, recyclers, and other stakeholders to guide program design and updates.  

Funds collected flow from producers to PROs, and then into collection, processing, education, and infrastructure investments, therebyclosing the loop traditional systems leave open. 

A Brief History of EPR in the U.S. 

While packaging EPR may feel new, the policy itself is not. EPR’s roots trace back to the 1970s with deposit return systems for beverage containers and early applications to hazardous or hard-to-manage products like electronics, batteries, paint, and mattresses. Many of these EPR programs were developed collaboratively with industry and remain in place today, continuing to expand into new states and material categories.  

Packaging and paper products represent the latest and broadest application of EPR in the U.S. Unlike earlier programs focused on specific items, packaging EPR applies across a wide universe of materials and producers, significantly increasing both its impact and its complexity. 

Where Packaging EPR Is Today 

As of early 2026, seven states have enacted EPR laws for packaging and paper products, with varying levels of implementation underway. These laws share common elements—such as needs assessments, phased implementation, producer registration, and performance targets—but differ in timelines, covered materials, and collection requirements.  

For producers, this means navigating multiple compliance calendars at once. Oregon’s program is already live, Colorado has begun implementation following plan approval, California’s program launches in 2027, and additional states like Washington, Maine, Minnesota, and Maryland are on the horizon with later start dates.  

Key Takeaways for Producers 

1. EPR is now a long-term operating reality. Packaging EPR is no longer experimental. Producers should expect continued expansion across states and plan accordingly. 

2. Early engagement matters. Engaging with PROs, and participating in advisory boards and rulemaking processes can help shape practical, workable programs. 

3. Compliance is not one-size-fits-all. Each state law has unique requirements around covered materials, reporting, and fee structures. 

4. Operational readiness is critical. Registration, data tracking, supply chain management and coordination with service providers require advance preparation. 

5. Collaboration reduces risk. Collective compliance through a sector-focused PRO can help manage costs, complexity, and regulatory uncertainty.  

Looking Ahead 

The legislative pipeline remains active, with dozens of bills related to packaging, recycled content, labeling, and hazardous materials under consideration in 2026. While not every proposal will pass, the overall direction is clear: producers will continue to play a central role in funding and shaping recycling systems in the U.S. 

For producers, service providers, and regulators alike, understanding how EPR developed—and why it’s structured the way it is—provides a critical foundation for navigating what comes next. The sooner organizations align strategy, operations, and compliance planning, the better positioned they will be as EPR programs move from policy to practice.

Additional Resources

EPR: How We Got Here & Where It’s Going (Webinar)