Focus on... North America

A look back at EPR in 2024, a look forward to 2025
California: deadline for producers of EPS

A look back at EPR in 2024, a look forward to 2025

Extended producer responsibility (EPR) in Canada and the US made gains in 2024 through a mix of determination and creativity.

In Canada, the Yukon readied packaging and battery EPR programmes, and after much consultation and effort, the first Federal Plastic Registry neared completion.

In the US, seven states amended or enacted ten EPR laws, some of which had been in the works for years. Two EPR laws were notably included in omnibus budget bills, after years of stalling as stand-alone bills.

Despite progress on implementing and improving EPR regulations, differences remain.

In addition to differences in province or state EPR reporting requirements and covered products for the same waste stream, differences in definitions are being codified.

In Wyoming, for example, under SF0080, solid waste management definition amendments signed in March 2024 specify that chemical recycling facilities, also called advanced recycling facilities, will be regulated as manufacturing facilities rather than as solid waste facilities.

The opposite applies in Maine where chemical recycling processes are regulated under the same rules as solid waste.

Maine’s LD 1660, An Act to Ensure Proper Regulation of Chemical Plastic Processing, which was signed into law in February 2024, specifies that solid waste processing facilities would not be allowed to count “chemical plastic processing” as a recycling method for plastic waste.

Landbell Group company, H2 Compliance has published an overview of all the recent and upcoming North American EPR initiatives here.

H2 Compliance can help your company navigate the developing EPR landscape in North America. Contact the team here.

California: deadline for producers of EPS

Producers of expanded polystyrene (EPS) packaging food service-ware had until 1 January 2025 to demonstrate compliance with the required recycling rate of 25% to California’s Department of Resources Recycling (CalRecycle).

Non-compliant producers or suppliers will not be able to sell, distribute, import or otherwise place EPS products on the market in California.

The requirement comes from the first SB54, The Plastic Pollution Prevention and Packaging Producer Responsibility Act and sets increasing recyclability targets for the future:

No less than 30% as of 1 January 2028
No less than 50% as of 1 January 2030, and
No less than 65% as of 1 January 2032

This reporting / demonstration of compliance with EPS recycling rates is not a requirement for producer responsibility organisations (PRO), but should be submitted directly to CalRecycle by EPS product producers.