If you’ve been following along with us, you may know that Maine was the first state in the nation to pass an Extended Producer Responsibility (EPR) law for product packaging.
After a multi-year, exhaustive stakeholder engagement process led by the Maine Department of Environmental Protection (DEP), the rules for this program were officially approved in December 2024! Let’s dig into what happens next and when municipalities will begin to reap the benefits of this new program.
Why This Matters
EPR for Packaging is a proven approach that requires large corporations to share in the responsibility of managing their packaging waste by paying fees that are used to reimburse Maine towns for their recycling programs and invest in new infrastructure to make recycling more effective.
This type of system encourages big corporations to use less packaging and make their packaging easier to reuse and recycle.
When Will the EPR for Packaging Program Actually Begin?
There is one more year of planning before the program kicks off. In 2026, corporations will be required to register with the State so their products can be tracked and fees can begin to be collected. Municipalities can expect to start receiving payments in 2027.
What’s Next?
There are four more important steps that must be taken before EPR for Packaging is fully operational in Maine.
Step 1: Establishing a List of “Readily Recyclable” Materials
In spring and summer 2025 the DEP will establish a comprehensive list of materials that are defined as “readily recyclable” in Maine. This means that the materials are designed to meet the following criteria:
- Marketability: There must be at least two facilities in North America that recycle the packaging while following any applicable environmental laws and regulations. These facilities must use the recycled material in production of new materials and not simply use it as fuel or as cover material in a landfill.
- Throughput: A material must be common enough in the waste stream to be sorted out on its own or mixed with another similar material without contaminating it. For example, a paperboard cereal box might not be sorted out on its own but could be recycled with other types of paper packaging, meaning the material has a sufficient throughput.
- Composition of Material: To be readily recyclable, 60% of the packaging (by weight) must be comprised of a recyclable material that is commonly sorted for recycling in Maine.
For example, packaging might have a non-recyclable small cap, but the remainder of the packaging is made of a recyclable material.
Step 2: Hiring a Third-Party Stewardship Organization
In Fall 2025, DEP will begin the process of hiring a third-party Stewardship Organization (SO) that will oversee the program, collect and dispense funds, and report on the overall progress of the program. The SO will serve an important role as the go-between for the DEP, towns and cities, and the producers of packaging.
The SO will begin by conducting a needs assessment to get a deeper understanding of how recycling in Maine is currently being managed, which towns have access to recycling, and identifying areas in which management of materials could be improved through investments or better coordination between towns and their local recyclers.
While we will have to wait and see who submits a proposal to lead in this vital work, it is possible that the organization selected by the DEP to oversee the EPR program here in Maine may also have experience working on EPR in other jurisdictions and could use lessons learned from those programs to help run things more effectively here in Maine.
Step 3: Sending Producers a Bill for the Waste They Produce
Starting in the spring of 2026, producers of packaging will be required to register with the new SO and begin reporting on the amount of packaging materials they bring into the state. Producers will need to estimate the amount of packaging first using the previous year’s data, followed by more detailed reporting.
The money collected will go into a dedicated fund to pay for the entire process, from administering the program to the reimbursements to towns and investments made for better statewide recycling.
Step 4: Getting Municipalities the Financial Relief They Deserve
Towns that choose to participate in Maine’s EPR for Packaging program will need to enroll in 2026. Once they’re signed up, they must collect all the materials on the “readily recyclable” list for recycling at a minimum and begin tracking their expenses for reimbursement.
Reimbursable costs might include transportation and waste hauling, storage and transfer station equipment, staffing in public works departments, processing or “tipping” fees at a recycling facility, and other necessary expenses.
The system will be set up to support cities and towns throughout the process.
- The SO and DEP will be providing technical support to towns with their reporting as needed, making it easy for towns with limited resources to collect information needed to participate.
- They will also conduct audits to confirm that they are receiving accurate information from the producers regarding their packaging and making sure that towns are being reimbursed for the full list of expenses of managing this packaging waste.
By October of 2027, municipalities participating in the program will get their first reimbursements to help them offset the costs of managing their recycling programs!
Ensuring the Success of Maine’s EPR for Packaging Law
The EPR for Packaging law has built-in opportunities to continually improve the system as we roll out the program, starting as early as 2028.
During these windows, the DEP can suggest edits to the existing law based on needs from the community, meeting recycling and waste reduction goals, and changes to how materials are managed in Maine.
NRCM will keep a close watch on the effectiveness of Maine’s EPR program and be ready with recommendations that continue to hold polluters accountable and make recycling more efficient, more equitable, and more sustainable for the long term.
Of course, we also expect that large polluting corporations will continue to fight against EPR in Maine and will try anything to avoid taking responsibility for the material they make. That’s why NRCM will remain vigilant in the State House and beyond for any efforts to undermine these laws, and we promise to keep you informed at every step of the way.
How YOU can help!
If you’re a resident of Maine who would like to see your community receive financial support through the EPR for Packaging program, there are a few ways you can help!
- Get involved locally – If your town has a recycling or a solid waste committee, this is a great place to participate and make sure your local decision-makers are informed about the program. If your town does not have a committee already in place, this is a great time to start one! Ask your town office if they’ve been following the news on this program, and make sure your town will be collecting the required materials on the “readily recyclable” list and has a plan to report their costs for reimbursement.
- Vote with your dollars – Shop low-waste when you can and support businesses that offer their products free of packaging or in packaging that is reusable or easy to recycle. Your purchasing sends a signal to producers that influences the way they sell their goods, so make sure to send the right message that sustainably-sourced and packaged goods are the way to go when you can.
- Protect and defend Maine’s statewide EPR laws – Each year there are many proposed bills in Augusta that can improve or potentially undermine these programs. NRCM works hard to defend against large corporate polluters and conserve Maine’s natural resources, but we need other Maine voices (like yours) to step up and use your voice to ensure our success. Follow us on social media, subscribe to our email lists, and connect with our staff experts for ways to get involved in this important statewide advocacy work!
For more information about Maine’s EPR for Packaging program and other sustainable materials management programs, check out our Sustainability page and subscribe to our email list so that you can take action to help us build a more sustainable Maine.
—Vanessa Berry, NRCM Sustainable Maine Program Manager
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