While the current administration has deprioritized federal recycling legislation, Extended Producer Responsibility (EPR) programs continue gaining momentum at the state level with 14 states now implementing or advancing packaging EPR laws as of May 2025. Maryland became the sixth state to enact EPR legislation on May 13, 2025, with Washington State poised to follow as the seventh. These EPR laws build on existing programs in California, Colorado, Maine, Minnesota, and Oregon, which are now entering critical implementation phases. At the time of this writing, these are the most current updates regarding those regulations in those states:
- Compliance Deadlines Accelerations:
2. Program Scope Widening:
Maryland's law expands coverage to all consumer packaging sold in-state, while Minnesota's 2024 S.F.3561 now requires 100% reusable/recyclable packaging by 2032. Washington State has become the seventh state within the USA for packaging EPR laws. Four additional states (MI, NY, NJ, TN) have draft EPR bills circulating.
3. Federal Vacuum Filled by States:
With the Trump administration scrapping Biden-era recycling bills and no federal EPR propsals advancing, the Circular Action Alliance now coordinates compliance across 5 states as their designated PRO. This creates a de facto national standard for manufacturers operating multistate.
For specialized plastics manufacturers, this decentralized landscape means other states are implementing other laws that business leadership must consider if operating nationally:
- Material reporting requirements across 6+ state jurisdictions annually
- PRO fees averaging $0.02-$0.12/lb based on recyclability scores
- Mandated post-consumer recycled content thresholds (30% PET by 2030 in CO)
- Documentation of chemical additives for PFAS/toxics compliance
Despite federal inaction, manufacturers face $4.7B in collective EPR fees by 2026 across implemented states for the new regulations. For nationally operating businesses, this is driving an urgent need for packaging redesign and supply chain transparency investments to ensure continued business operation. There will be some upfront costs in those transformations that could cause some growing pains in the short term; however, management must consider the longer-term financial effects of choosing the alternative. They must ask what the effects of not adapting will have on their bottom line over the next decade -- at least.