As Earth Day 2025 draws closer, environmental responsibility, commonly referred to as sustainability, takes center stage for businesses throughout North America. This annual observance highlights the escalating importance of sustainable practices and the evolving regulatory environment. A central element of this environment is Extended Producer Responsibility (EPR), a policy framework that assigns accountability to producers for the complete lifecycle of their goods, from initial design to their eventual end-of-life management.
Understanding Extended Producer Responsibility (EPR) in North America
EPR laws are gaining significant traction across North America, with federal, state/provincial, and even some county governments implementing regulations aimed at reducing waste, promoting recycling, and fostering a circular economy. These laws shift the responsibility for managing end-of-life products from municipalities and taxpayers to the producers themselves. This incentivizes producers to design more sustainable products that are easier to recycle, reuse, or compost.
While the specific details of EPR regulations vary by jurisdiction and product category, the overarching principle remains the same: producers bear the financial and/or operational responsibility for the post-consumer management of their products. This can include funding collection and recycling programs, establishing takeback systems, and meeting targets for material recovery and recycled content.
The Growing Reach of EPR
While packaging EPR legislation has been in the news a lot, EPR legislation scope is rapidly expanding to a wide range of product categories. Companies need to be aware of these evolving regulations, which may include:
- Batteries: Prompted in part by the increase in lithium battery caused fires, many jurisdictions are implementing or tightening their battery regulations for all battery types. Debates over how to address embedded batteries, a battery in a product that is not easily removed by a consumer, are underway with some jurisdictions putting them scope of e-waste regulations.
- Textiles: EPR for textiles is emerging to address the significant environmental impact of the fashion industry, focusing on collection, reuse, and recycling of clothing and other textile products. These regulations aim to divert textile waste from landfills and promote more circular business models.
- Paint: The growth of paint EPR has steadily increased since the first state paint EPR law was enacted in 2009. These EPR regulations have served as “proof of concept” for EPR, incentivized product design changes, the establishment of recycled materials supply chains, and reduced environmental risks associated with improper paint disposal.
- Tires: Many regions in North America already have established EPR programs for tires, often involving advance disposal fees and systems for the collection and recycling of scrap tires into new products or energy recovery.
- Other Potential Categories: There are currently 20 EPR product categories, which are likely to expand as EPR programs continue to be successful, and state / province and municipal budgets are tightened. Businesses should remain aware of this evolving landscape as responsibility for product end-of-life management broadens across various sectors.
Navigating Packaging Regulations
For many businesses across diverse sectors – including but not limited to consumer goods, food and beverage, cosmetics, and pharmaceuticals – packaging regulations under EPR are a primary concern. These regulations can be complex and vary significantly across different states, provinces, and even municipalities. Key aspects of packaging EPR include:
- Material Restrictions: Some jurisdictions are restricting or banning the use of certain problematic materials in packaging, such as specific types of single-use plastics or PFAS.
- Recyclability and Composability Requirements: EPR regulations often set targets for the recyclability or composability of packaging. This requires businesses to design packaging that can be effectively processed in existing waste management infrastructure. Legal definitions, not necessarily scientific definitions, of recyclability and composability are becoming increasingly important.
- Post-Consumer Recycled (PCR) Content Mandates: As seen in California and potentially other regions soon, regulations are increasingly mandating the inclusion of a certain percentage of PCR in plastic packaging. This drives demand for recycled materials and supports the development of recycling infrastructure.
- Labeling Requirements: Clear and accurate labeling is crucial for informing consumers about proper disposal and the material composition of packaging. EPR schemes may include specific labeling requirements, and prohibitions against greenwashing.
- Eco-Modulation: Some EPR schemes incorporate eco-modulation fees, where producers pay lower fees for packaging that is easier to recycle or contains recycled content, and higher fees for less sustainable packaging. This incentivizes environmentally conscious design choices.
CGLOBAL: Your Partner in Product End-Of-Life and Sustainability Consulting
CGLOBAL, the consultancy division of H2 Compliance, understands the growing complexities of EPR and is dedicated to helping businesses navigate these regulations effectively. We offer comprehensive sustainability consulting services to reduce risk, ensure compliance, and streamline operations for a more sustainable future.
- Reduce Risk, Ensure Sustainability: Our expert consultants keep you ahead of evolving environmental regulations and deadlines, building resilient and future-proof compliance strategies tailored to your business needs.
- Streamline Operations, Save Resources: CGLOBAL handles the intricacies of authority and Producer Responsibility Organization (PRO) interactions, including reporting and invoice management. This frees up your team to focus on core sustainability initiatives and optimize resource allocation.
- Gain Clarity, Achieve Market Access: Leveraging our global expertise and local insights, we provide clear guidance to navigate complex regulations with confidence, securing and maintaining market access for your products.
Our 20+ years expertise extends to EPR for various materials, including packaging, electronics, textiles, and tires, as well as adjacent regulations concerning post-consumer recycled content, recyclability, and labeling. We provide comprehensive solutions from initial assessment to ongoing compliance management.
Looking Ahead: Preparing for Earth Day 2025 and Beyond
Earth Day 2025 offers a critical moment for companies in North America to evaluate their environmental impact and strategically prepare for the evolving landscape of sustainability regulations and consumer demands. As EPR laws gain momentum across the continent, understanding and proactively complying with these requirements is no longer solely a matter of regulatory obligation. It presents a significant opportunity for businesses to drive innovation in product design and lifecycle management, enhance their brand reputation among increasingly environmentally conscious consumers, and actively contribute to the development of a more robust and circular economy. By embracing EPR, companies can position themselves as leaders in sustainability, fostering long-term value and resilience.
CGLOBAL, as the consultancy division of H2 Compliance, is committed to guiding producers through the complexities of EPR. By partnering with us, companies can ensure compliance, optimize their packaging and product design for sustainability, and contribute to a healthier planet for Earth Day 2025 and for generations to come. Contact us today to learn how we can help your organization navigate the path toward a more sustainable future.
Published April 16, 2025
This article was generated with the assistance of Artificial Intelligence.