Deep Dive: Extended Producer Responsibility (EPR) for Packaging, Explained
If you have an interest in packaging policy or sustainable packaging, you have likely heard the term “EPR” or “extended producer responsibility.” But what exactly is EPR, and how will it ultimately affect the types of packaging we use? In this Deep Dive, we will explore the current EPR landscape in the U.S. and what is likely to come over the next several years. A note of caution: this article is intended as a general overview of packaging EPR with some basic advice for companies trying to navigate the new legislative landscape. It should not be taken as legal advice, and we highly recommend that companies who think they are regulated “producers” seek legal counsel to better understand their responsibilities. Extended Producer Responsibility, or EPR, refers to a policy approach that shifts the responsibility for waste management of a given product from consumers/taxpayers and municipalities onto the producers of that product. Typically, the main goal of EPR is to minimize the environmental externalities of a product’s end of life – that is, minimize the unintended consequence of what happens to a product when we’re done with it. EPR prompts a society to start thinking on a large scale about where products end up when we’re done with them and how we can better manage them. EPR regulations are not new to the U.S. and have been around for over a decade to manage products like e-waste, mattresses, paint, tires, batteries, etc. Let’s take the example of paint. “Producers,” meaning paint manufacturers, are typically responsible for the paint up until the point where you, the consumer, purchase it. But there are some unintended consequences that come when you’re done with that paint can that likely has extra paint in it. While most paint is actually recyclable, many people throw it away or pour it down the drain, which can contaminate the environment with hazardous chemicals. Ultimately, consumers/taxpayers and the environment pay the costs to deal with this result, and paint companies don’t have an incentive to fix it.