EPR Leadership Forum

ELF is an organization with membership composed of market-leading consumer packaged goods manufacturers and retailers that support well-designed packaging EPR policy.

Recommendations for Policymakers Developing Circular Policy & EPR for Packaging Policies:

1. Harmonization – ELF believes that harmonization is one of the most important aspects to consider when developing EPR legislation because it prevents stakeholders from needing to navigate multiple different frameworks and potentially compromising individual compliance and overall system impact. An example is the widely varying language used for exempt covered materials in different states – in Minnesota and Oregon, exempt materials are listed with great specificity and product detail while the qualifying criteria for exempt materials in Maine are much broader and rely heavily on the department’s assessment of the material. To create effective EPR programs that function smoothly across multiple states, it is essential to harmonize key elements while maintaining flexibility in response to each state’s unique realities.

2. Sequencing – We believe that proper sequencing is another key to developing implementable EPR policy because, when planned optimally, an EPR program rollout will enhance stakeholders’ ability to build effective programs with sufficient funding and inputs. For example, when determining the current state of recycling and recycling infrastructure in each state, a needs assessment should be mandated in statute to understand the performance and costs of the current system to define the activities and investment needed to meet the requirements of an EPR law. However, we have seen instances such as in Oregon and California where targets were statutorily prescribed prior to the needs assessment being conducted, creating significant feasibility and high program cost concerns.

3. Efficiency – We strongly recommend prioritizing program efficiency when developing EPR policies because it will allow for stakeholders to focus on driving recycling impact and finding cost efficiencies rather than navigating operational and financial complexities. This speaks to many aspects of an EPR program but as an example, we can point to the importance of innovations in recycling technology. Recycling system maturity varies widely throughout the country, and in some states, the packaging recycling supply chain is unprepared to meet recycling targets and definitions as currently mandated. Efficiency in these cases may look like statutorily allowing for the development and expansion of recycling technologies for hard-to-recycle materials, as it will allow stakeholders to innovate and develop new recycling solutions to increase recycling yields.

For more information, please consider these external resources available in the Public Facing Statements & Resources Section:

1. We’ve developed a recent policy paper that outlines these considerations in detail — Unpacking Successful Extended Producer Responsibility (EPR) Policy for Packaging in the U.S.
   
2. ELF has a total of 10 core principles that guide our efforts. You can find more information on the remaining 7 on our website — https://www.epr-leaders.org/principles