Overview of Existing Legislation
For decades, taxpayers have largely funded most residential recycling programs for things like paper and classic. Proposed Extended Producer Responsibility (EPR) laws may change that.
Extended Producer Responsibility (EPR) laws require companies that place products, packaging, and other covered materials into the marketplace to help pay for the systems that collect, sort, and recycle them. As more states adopt EPR programs, producers are facing new reporting requirements and fees that may directly affect how they do business.
EPR itself is not a new concept. Programs already exist in many states for other product categories, including some electronics (e-waste), batteries, paint, mattresses, and pharmaceuticals.
Some states are applying these laws to packaging, paper products, printed materials, or certain mail-related products. This may have repercussions for some in the envelope, print, and mailing industries. The exact requirements vary by state, which is why companies often need to evaluate where materials are distributed and how a state classifies the product.
EPR is a law that makes producers financially responsible for helping pay for the collection, recycling, and disposal of the products and materials they put into the marketplace.
This article is intended for informational purposes only and does not constitute legal, regulatory, or compliance advice. Consult legal counsel to determine the impact on your business.*
What Does EPR Require?
Under most EPR programs, producers may be required to:
- Register with a Producer Responsibility Organization (PRO)
- Report the amount of covered material supplied into a state
- Pay fees that support recycling infrastructure and operations
- Participate in compliance and reporting activities
In many states, the Circular Action Alliance (CAA) has been designated as the Producer Responsibility Organization responsible for administering producer obligations.
State-by-State Snapshot: Where Mailers Should Pay Attention
This section is not intended to be a full legal summary of every EPR requirement. Instead, it highlights what mailers and producers should watch most closely and explains why each one matters from a practical business standpoint. This information is largely from envelope.org, the EMA’s official website.
If you mail into the following states, consider an internal review alongside legal counsel. This blog does not represent legal advice.
Oregon: Broad Scope Makes Product Classification Important
If your envelopes function as packaging, conduct a product-by-product analysis. If your products include printed paper / direct mail / transactional mail, Oregon’s scope may extend to those — consult legal counsel.
Colorado: Immediate Compliance Considerations
Colorado’s EPR program is already active and includes both packaging and paper products. For mailers delivering to Colorado, this is one of the states where product-by-product review is especially important. There are important exemptions, which include paper used for some financial and medical documents and some non–profit organizations. Consult legal counsel.
Minnesota and Maryland: Watch Rulemaking Closely
Minnesota and Maryland both include paper products within their EPR frameworks, but implementation details are still developing. Mailers in these states should not assume communications mail is automatically excluded. Exemption structures are still being developed. Consult legal counsel.
Washington: Residential Focus, Developing Details
Washington’s program focuses on residential packaging and paper products. The residential qualifier may work in favor of B2B envelope operations —, but confirm with counsel before assuming exemption. Direct mail and transactional mail delivered to residences should still be watched as implementation details develop. Consult legal counsel.
California and Maine: Narrower Near-Term Impact
California standard communications envelopes, direct mail, and transactional mail are very likely outside their current scope —, but confirm with counsel. In Maine, iIf your primary products are communications envelopes (transactional, direct mail), Maine’s scope is narrower and less likely to apply. Consult legal counsel.
What This Means for Mailers
Organizations like the EMA are monitoring how EPR will impact the mailing industry. Be sure to consult legal counsel and monitor your mailing.
Disclaimer
*This article is intended for informational purposes only and does not constitute legal, regulatory, or compliance advice. EPR laws, regulations, interpretations, and implementation requirements continue to evolve and may change after publication. The applicability of EPR obligations depends on specific products, business activities, state regulations, and other factors. Envelope producers should consult qualified legal counsel and appropriate regulatory resources to determine how EPR requirements apply to their particular operations and products. This article summarizes information available as of September 1, 2026.
