A U.S.-based manufacturer of lubricants and additives faced increasing complexity in managing packaging EPR obligations and chemical compliance across North America, particularly as new state programs began to take effect.
As states like California, Oregon, and Colorado began implementing Extended Producer Responsibility (EPR) programs, this U.S. based manufacturer of lubricants and additives needed to navigate an increasingly complex regulatory landscape. With products distributed through major retailers and B2B channels, the company had to maintain nationwide operations while adapting to new environmental requirements and evolving chemical labeling rules.
The Challenge: A Moving Target for EPR and SDS/Label Compliance
Compliance is not a “one and done” exercise; requirements continue to evolve across jurisdictions. Our client faced three primary challenges:
- Navigating EPR Programs: New legislation requires producers to join a Producer Responsibility Organization (PRO) to fund state recycling systems. The client needed to determine whether their products should be managed under the Circular Action Alliance (CAA), the primary PRO for general packaging, and the Lubricant Packaging Management Association (LPMA), a specialized program for automotive and petroleum products. Without clear classification, they faced a high risk of duplicative reporting and unnecessary fee exposure.
- The Labeling Paradox: California’s SB 343 introduced restrictions on the use of recyclability claims (e.g., the “chasing arrows” symbol), conflicting with other states mandating its inclusion. This created a need to review on alternatives and solutions to avoid potential consequences such as non-compliance claims and facing potential economic and legal consequences.
- Cross-Border Friction: While transitioning their Canadian operations to a distributor model, they had to harmonize two distinct regulatory frameworks: WHMIS (Workplace Hazardous Materials Information System) for workplace chemical safety and the Consumer Chemicals and Containers Regulations (CCCR) for retail products. Failure to provide bilingual labeling and comply with both workplace and consumer classification and communication requirements could have resulted in custom delays, shipment rejection, and non-compliance actions at the border.
The Solution: Expert Navigation in Chemical & Environmental Law
H2 Compliance stepped in, starting with our chemical safety team in 2024 and expanding into a full-scale EPR strategy by 2025. We didn’t just hand them a manual; we became an extension of their team.
- Multi-State EPR Strategy: We conducted a detailed assessment to determine their “Producer Status.” We guided them through the hybrid scenarios of CAA vs. LPMA, ensuring they joined the right Producer Responsibility Organizations (PROs) for their specific product mix.
- Data Integrity & Reporting: We refined their reporting strategy. By refining how data was gathered from retailers versus internal reports, we identified “out of scope” products, preventing them from over-reporting and over-paying environmental fees.
- Chemical & Labeling Accuracy: Our specialists prepared WHMIS-compliant Safety Data Sheets (SDSs) for the Canadian market and provided regulatory guidance for consumer labeling in accordance with CCCR and the U.S. Consumer Product Safety Commission (CPSC) requirements under the Federal Hazardous Substances Act (FHSA), supporting continued regulatory compliance and market access.
The Results: Full Throttle, Zero Penalties
By partnering with H2 Compliance, the client transitioned from regulatory uncertainty to a position of strength:
- Verified Compliance: Successfully registered and submitted baseline/annual reports for packaging EPR in California, Oregon, and Colorado.
- Cost Avoidance: By accurately distinguishing between lubricant containers and general packaging, we eliminated the risk of double-counting and redundant fee payments.
- Market Continuity: Supported ongoing cross-border trade with Canada through fully compliant WHMIS SDSs and label guidance, preventing any disruption during their entity transition.
- Future-Proofing: Established a framework to support upcoming EPR programs in states such as Washington and Minnesota.
Looking Ahead: Managing the Future of Waste Legislation
As additional states implement packaging EPR and related programs, ongoing monitoring and data management remain key. H2 Compliance continues to support the client with reporting, regulatory tracking, and labeling considerations, helping them maintain compliance while adapting to new requirements.
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Published May 8th, 2026
Article image generated with the assistance of Artificial Intelligence.