May 2025 has been an exciting month for the development of Extended Producer Responsibility (EPR) for packaging programs in the United States. It is a month that has seen Governors in two additional states, Maryland (SB 901) and Washington (SB 5284), sign EPR for packaging programs into law, meaning seven states now have programs.

The map below provides a snapshot of EPR for packaging’s presence in the US:

As the map shows, Washington’s passing of HB 5284 cements the West Coast as national leaders when it comes to EPR for packaging. Oregon’s program was the first to kick off this year with key registration and reporting deadlines, while California chose to delay the implementation of their program (SB 54) in March of this year.

We expect that these states, alongside Colorado, will serve as a hub for recycling innovation, sustainable packaging development, and key markets for recycled materials in the western United States in years to come—setting the foundation for more states to implement similar programs.

While only seven states in the US have passed EPR for packaging laws, a handful of other states have introduced bills in the last few years—including New York, Massachusetts, Tennessee, New Jersey, Connecticut, Rhode Island, and more.

For now, keep reading to discover what you need to know about the new EPR programs in both Maryland and Washington—including the basics, proposed timelines, helpful links, and more. 

Maryland moves on EPR for Packaging

On May 13, 2025, Governor Wes Moore signed SB 901 (Packaging and Paper Products - Producer Responsibility Plans Act) into state law, making Maryland the sixth US state to pass an EPR for packaging program. 

The bill was applauded by non-profits and industry groups alike as a means to reduce packaging-related litter in the Chesapeake Bay and across the state, catalyze the development of Maryland’s recycling and waste management programs, and encourage producers to use more sustainable materials and methods through ecomodulation.

Maryland’s passing of SB 901 was the result of a years-long, research-based approach to understand the potential impact and role of an EPR program in Maryland, which was carried out in a needs assessment that was part of Maryland’s 2025 study bill—the Statewide Recycling Needs Assessment and Producer Responsibility for Packaging Materials Act (SB 0222).

The final needs assessment was released by the Maryland Department of the Environment on February 21, 2025, setting the foundation for SB 901. The state partnered with Eunomia, MSW consultants, Straughan Environmental, Assedo Consulting, Vision & Panning Consultants, and more to complete the assessment. The study explores themes like waste characterization, stakeholder engagement, infrastructure and capacity, economic opportunities and end markets, and more. 

Additionally, similar to other US EPR programs, the Circular Action Alliance served on the advisory board for the development of SB 901 and will serve as a producer responsibility organization (PRO) in the state. 

What’s Covered Under SB 901?

Packaging Dive reports that the program will cover “certain packaging and paper products, including beverage containers”; they also highlight that the Department of the Environment will develop a list of covered materials to “determined to be recyclable or compostable through curbside recycling programs” by July 1, 2027. Stay tuned for more details on this front. 

SB 901 Implementation Timeline 

It is important to note that EPR implementation timelines are always subject to change (as we saw with SB 54), but here are things as they stand for Maryland’s program: 

July 1, 2026:

PROs approved by the state to submit registration forms to the Maryland Department of the Environment that include producers covered and their materials. 

Maryland also provides the option for producers to create and operate their own programs to collect and recirculate covered packaging materials; these producers must notify the Maryland Department of the Environment by this date as well. 

July 1, 2027:

As highlighted above, this is the date by which the Maryland Department of the Environment plans to develop a list of covered materials that are recyclable or compostable through curbside recycling programs in the state. 

July 1, 2028: 

This deadline calls for PROs to submit a producer responsibility plan to the Maryland Department of Environment, which will be reviewed in 120 days.

This date also marks when the program must have a reimbursement rate of at least 50% of “cost per ton for covered services”—which rises to a max of least 90% by July 1, 2030 (this means that by 2030, producer fees from the EPR program will have to cover at least 90% of direct costs associated with managing packaging materials covered by the program). 

July 30, 2034:

By this date, the Maryland Department of Environment will hire consultants to conduct a statewide recycling needs assessment (like SB 0222); this process will be repeated every 10 years. 

Read the full implementation timeline here. 

Similar to EPR programs in the western US, Maryland is in a unique geographic position to serve as a regional hub for packaging innovation and an end market for recycled materials to the DMV, mid-Atlantic region, and parts of the southeast United States. 

Stay up to date with Maryland’s EPR for packaging program here. 

Washington works to boost recycling with EPR for Packaging

Just days after Governor Moore made Maryland the sixth state to pass an EPR for packaging law, Governor Bob Ferguson of Washington made his state the seventh with his signing of SB 5284 (Recycling Reform Act) on May 17. 

We covered SB 5284 in our previous reintroduced EPR for packaging laws in 2025 blog; like other EPR programs, it creates a system in which manufacturers, brands, and other producers fund recycling services across the state by paying fees based on the use of different packaging materials in the state (calculated by a cost per ton).

One of the key motivations for the program is to expand curbside recycling across the state, as only 58% of jurisdictions currently have access to these programs, with eleven counties in the state having no access. 

The passing of SB 5284 was a years-long process, with two previous bills failing to pass, including the WRAP Act in 2023. The final result is set to be huge for Washington, with Waste Dive reporting that Governor Ferguson said it is the “biggest overhaul of our recycling system in decades.” 

The passing of SB 5284 marks the state’s seventh EPR and product stewardship program, with laws for electronic waste, lightbulbs (with mercury), solar panels, pharmaceutical products, paint, batteries, and now packaging and paper products.

What’s Covered Under SB 5284?

Similar to Maryland’s EPR program, the covered materials list for SB 5284 is still under development but the text summary states:

“Packaging (PPP) is defined to include various materials, including single-use items that facilitate food or beverage consumption. Fourteen categories are exempted from qualifying as PPP, including packaging for products like medical devices, drugs, hazardous materials, products that are distributed only to commercial or business entities, or packaging that meet specified recycling rates and other criteria.”

In January 2026, the Washington Department of Ecology will establish an EPR advisory council; we should expect more guidance on the materials in the coming years. 

SB 5284 Implementation Timeline 

Below are some key dates for SB 5284’s implementation as it stands:

January 1, 2026:

Identified producers must appoint a producer responsibility organization (PRO) (one or multiple). On this date, the Washington Department of Ecology will also establish an EPR advisory council to guide the development and implementation of the program.

March 1, 2026:

The PRO(s) will register with the Department of Ecology by this date.

July 1, 2026:

Identified producers must be members of a PRO by this date.

September 1, 2026:

By this date, a PRO must make a one-time payment to the Department of Ecology to cover “program costs through June 30, 2027.”

May 1, 2027:

PRO(s) will pay an annual registration fee to the Department of Ecology on this date. 

2028:

Planned year to adopt full rules, with the goal of harmonization with other state programs.

Oct. 1, 2028:

PRO(s) will submit a program plan to the Department of Ecology for approval.

March 1, 2029:

By this date, producers of covered materials that aren’t registered with a PRO will be prohibited from introducing covered materials into Washington.

See the full implementation timeline by Waste Dive here. 

Stay up to date with Washington’s EPR for packaging program here. 

Prepare for EPR Programs

EPR is set to redefine packaging and product value chains and design efforts across the nation. In order to manage the entire lifecycle of your packaging systems and remain compliant, a deep understanding of your packaging’s sustainability performance from cradle-to-grave is essential. 

One of the best ways to prepare for EPR and even set yourself up to win ecomodulation bonuses is to conduct life cycle assessments (LCA) on your packaging systems covered in different EPR programs.

LCAs help you quantify and manage the environmental externalities related to your packaging systems, in some cases up to sixteen different environmental impacts (from eutrophication and toxicity to carbon and water use). 

In our online Certificate of Sustainable Packaging (CSP) program, we train you on how to use EcoImpact COMPASS packaging LCA software by Trayak to measure and compare the sustainability metrics of primary, secondary, and tertiary packaging systems. Learn more about the program here. 

Cohort-based learning more your thing? This fall (2025), we are planning to run a specialized EPR and ecomodulation edition of our flagship Certificate of Mastery in Packaging Management (CMPM) program. Email Dr. Julie Rice Suggs, our Academic Director, at julie@packagingschool.com to learn more.