EPR: Governance and a Push for a More Circular Economy
In our most recent article covering the circular economy and the need to invest in technologies and education to mitigate raw material use and push the re-use and recycling of plastics in food packaging production, we introduced the in-practice concept of Extended Producer Responsibility (EPR). EPR laws burden manufacturers to adhere to state-by-state laws that push more-sustainable solutions in packaging. Penalties are in-play for those not adhering to EPR legislation, which is now in 14 states. Funds recovered from said penalties work to fund greater education and awareness.
By essentially taxing goods that are difficult to recycle, governments push manufacturers to re-think their costs associated with non-durable goods. What was once considered “disposable,” we now realize that there are high costs in treating resources like they’re infinitely available. We are now coming to grips with the fact that resources are limited. By re-thinking how products are produced, manufacturers are finding ways to acknowledge finite resources and engineer products with their end of useful life in mind. I believe that if we’re moving forward into a world where we have plenty for everyone, we have to be much more thoughtful on how we use its resources. EPR is the government’s way of directing companies to focus on reclaiming resources through punitive measures.
Extended Producer Responsibility (EPR) legislation is relatively new and fledgling in the United States. However, EPR for certain products has been in Europe for many years. From my experience, when it comes to sustainability, European markets have been indicators of legislation that the United States might adopt in the near term. Going back to 2008, the EU Directive 2018/851 on waste and waste management stated:
Now that EPR legislation is beginning to see adoption here in the United States, it’s worth taking a deeper look at the trends overseas. Things are evolving in Europe to impact the entire supply chain. With this in mind, beginning to design packaging with sustainability in mind now not only brings positive public relations but should result in savings by getting started early on what will eventually be required.
Here are some key links to investigate to learn both about what EPR laws are already occurring here in the U.S. and what has been levied in Europe, giving a window to how EPR could affect us in America in the not-too-distant future:
Map of Active EPR in the United States
EPR Laws by State in the United States
EPR Summary in the EU
Article about EPR in the EU
With all of the things occurring in plastics, we’re well aware of the plastics issue in the oceans, and like everything in this world, there are trade-offs. And up to this point, we’ve traded convenience and low cost for environmental degradation as a society. However, none of this is inevitable. We can and need to make changes, clean things up, and begin to treat the products we produce as a resource that will be needed in the future. After a product is used, what’s left should not be “trash”; instead, it should be raw materials for a new, sellable product. EPR laws, although maybe imperfect and potentially adding cost, are one forward step in drawing attention to this issue and nudging manufacturers in the right direction.