Responsible End Markets 101 – How It Could Affect Recyclers

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.

What is EPR?

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. More recently, EPR programs have focused on requiring producers to cover costs of municipal recycling and/or composting of packaging and paper, and to incentivize producers to design more sustainable packaging.

Who is impacted by Packaging EPR?

Packaging EPR laws have passed in 7 states since 2021. Although much of the dialogue around these packaging EPR laws has emphasized plastic packaging and paper products, all packaging items and their downstream supply chains are impacted, which includes ferrous and nonferrous items like steel cans, aluminum packaging, as well as glass bottles and jars.

"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 investigate the EPR laws in states you receive material from to see how you might be impacted."

What's happening in Oregon?

Oregon is the first state to implement EPR, and by extension, Responsible End Markets requirements. Starting July 1, 2025, recyclers that receive postconsumer paper, food service, and packaging material from Oregon MRFs are 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 audits to verify compliance with these rules.

"Recycled materials can go anywhere depending on the markets," Betts said. "You might be based in Idaho or Chicago but buying post-consumer material from Oregon. If you buy covered material from Oregon, these requirements will follow the material, and you would only be able to purchase them if you're verified as a 'Responsible End Market'."

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, among other states.

"Although packaging EPR laws are only in seven states today, their impact is much more far reaching through these Responsible End Markets provisions," Betts said. "This is an important time to engage and learn about these rules and how these provisions will affect recycling supply chains."

How is ReMA responding?

According to Betts, ReMA has been engaging with states who have passed packaging EPR laws to share the perspective of end markets on the best way to verify if a recycler is a responsible actor, without adding undue burden or risk to those recyclers, potentially disrupting markets.

CAA's initial program plan for Oregon, including information on Responsible End Market verification, was approved in December. However, after CAA received industry feedback on the verification proposal, CAA has brought a revised plan to the state of Oregon for review. Oregon is currently taking public comment for the plan, through October 15^th and has scheduled a webinar on REM requirements for October 14^th at 9 AM Pacific.

"ReMA is planning to submit public comments on this plan, as we have for program plans and rulemaking on REM in California and Colorado," Betts said. "We've also spoken to the Oregon Recycling System Advisory Council, the body that advises the agency on EPR. We will continue to keep our members updated as new information becomes available."

Photo: Oregon State Capitol. Image Courtesy of M.O. Stevens, Public Domain, via Wikimedia Commons.