Welcome to the June edition of Nutter’s Environment & Energy Insights, a periodic update of current trends in environment and energy law.
In May 2025, Maryland and Washington became the latest states to join a growing trend adopting Extended Producer Responsibility (EPR) laws for packaging and paper products. Maryland Governor Wes Moore signed SB 901 into law on May 13, followed closely by Washington Governor Bob Ferguson, who signed SB 5284 just four days later. These statutes make Maryland and Washington the sixth and seventh states to implement EPR programs that would shift the cost of managing packaging waste from municipalities to producers.
Both laws share a common framework: companies introducing single-use packaging or paper products into the market must join or form a Producer Responsibility Organization (PRO) that will reimburse local governments for recycling and waste management services and meet escalating performance targets over time.
What Producers Need to Know
Covered materials in both states include a wide range of packaging made of plastic, paper, glass, or metal. Both states also exempt “de minimis” producers who introduce less than one ton of packaging materials into the state per year. While Maryland sets a lower exemption threshold at $2 million in global revenue, Washington’s exemption is slightly higher, with a $5 million revenue threshold.
Maryland’s current approved PRO, Circular Action Alliance (CAA), must register with the Maryland Department of the Environment (MDE) by July 1, 2026, and submit its first five-year plan by July 1, 2028. Cost reimbursements must begin at 50% in 2028 and rise to 90% by 2030.
In Washington, producers must join or form a PRO by January 1, 2026, with plans due by October 1, 2028, and reimbursement benchmarks following similar but slightly delayed timelines.
Key Takeaways
Companies selling products in either state should start to evaluate their products, map their producer status, and prepare for PRO obligations. While Maryland and Washington follow the same foundational EPR framework seen in California, Colorado, Maine, Minnesota, and Oregon, they differ in key details – such as revenue exemption thresholds and implementation timelines. As more states explore EPR frameworks, early engagement will be critical to staying ahead of the regulatory curve.
