Responsible End Markets (REM) requirements in state packaging Extended Producer Responsibility (EPR) laws are poised to change the post-consumer recyclables ecosystem through new reporting and audit requirements throughout the supply chain. Steel mills, aluminum mills, glass beneficiation plants, plastics reclaimers, and paper mills—plus all brokers and intermediate suppliers that move material between MRFs and these end markets—need to be aware of new REM rules.
EPR is a policy tool intended to increase the recycling of difficult-to-recycle items by assigning the financial responsibility for end-of-life management to the producers of those items. Originally, EPR programs targeted the management of hazardous materials, or products that did not have viable end markets. For example, Maine enacted the nation’s first EPR program for electronics in 2004, Oregon enacted the first paint EPR program in 2009, California passed the first carpet EPR program in 2010, and Connecticut established the first mattress EPR program in 2013.
The scope of EPR policies has recently expanded into the packaging sector, signaling a shift toward addressing the environmental impact and recyclability of such materials, and the need to increase collection and recycling rates of consumer packaging. Although much of the dialogue around these packaging EPR laws has emphasized plastic packaging and paper products, all packaging items and their downstream supply chain are impacted, which includes ferrous and non-ferrous items like steel cans, aluminum packaging, as well as glass bottles and jars.
Responsible End Markets requirements have been included in the enacted packaging and paper EPR laws in California, Colorado, Oregon, and Minnesota. In 2025, packaging EPR bills have already been prefiled or are actively being considered in current legislative sessions, many of which include REM provisions. regulations adopted in Oregon require recyclers to provide compliance, chain of custody, environmental impact and health and safety data; the specific requirements will vary by state.
Starting July 1, 2025, recyclers that receive postconsumer paper and packaging material from Oregon MRFs will be required to provide a self-attestation form regarding their compliance with Responsible End Markets rules to receive materials from Oregon MRFs, regardless of whether they themselves operate within those states. End markets will subsequently complete on-site and desk audits.
“It’s important to remember that these laws will affect metals recyclers as well as paper, plastic, and glass recyclers,” Natalie Messer Betts, ReMA assistant vice president of sustainability said. “Packaging EPR laws cover all packaging. Although these packaging materials likely make up a small percentage of metal recyclers’ facilities, if you receive any postconsumer materials today, it’s important to look into the EPR laws in states you receive material from to see how you might be impacted.”
The nonprofit organization Circular Action Alliance (CAA) which was founded in 2022 by 20 producers representing the food, beverage, consumer goods and retail industries, has been chosen as the Producer Responsibility Organization to implement the paper and packaging requirements in California, Colorado, and Oregon.
On Wednesday, February 12, CAA will hold another consultation with ReMA members on the proposed plan for verifying the Responsible End Market (REM) requirements in Oregon (see pg. 139-166 in the CAA Oregon program plan), California, and Colorado (see pgs. 144-152 in Colorado’s draft plan). The February 12th consultation will have a specific focus on exported materials but is open to all members and the information provided will be relevant for domestic processors as well. The meeting is a chance to provide feedback to CAA and ask questions.
ReMA encourages all members who process, broker, transport, or consume postconsumer materials, in any volume or location, to register for the consultation and provide feedback on the proposed plan. The Responsible End Markets verification approach for Oregon is likely to influence verification approaches for any similar requirements in current or future states with EPR laws.
“Although packaging EPR laws are only in a handful of states today, their impact is much more far reaching through these Responsible End Markets provisions,” Betts said. “This is an important time to engage, learn about these rules, and use your voice to provide industry insights into how these provisions will affect the day-to-day, on the ground realities of recycling supply chains.”
Any questions regarding Responsible End Markets can be directed to nbetts@recycledmaterials.org.
Photo: Oregon State Capitol. Image Courtesy of M.O. Stevens, Public Domain, via Wikimedia Commons.
Responsible End Markets (REM) requirements in state packaging Extended Producer Responsibility (EPR) laws are poised...