Maryland Adopts EPR Program

Maryland became the sixth state to adopt an EPR program when Governor Moore signed SB 901 (Augustine) on May 13th, effective on July 1, 2025. It will be administered by the Office of Recycling in the Maryland Department of the Environment (MDE). Covered “beverage containers” are those of any material and in any form, including a bottle, can, carton or pouch with a volume less than 5 liters and excludes containers covered in the future by any MD deposit return program. Primary, secondary and tertiary packaging is also covered. De minimum producers introducing less than one ton of covered material into MD or earning global revenues less than two million annually are exempt. The PRO must register annually starting July 1, 2026 and submit five-year plans starting July 1, 2028. The PRO will set performance rates for recycling, reuse, composting, recycled content, and source reduction and contamination reduction; it will also set fees and reimbursements, with service provider/locality reimbursements covering up to 1/2 the cost of collection and all transportation and processing costs associated with recycling. Reimbursements must cover at least 50% of the cost/ton by July 1, 2028, then 75% by 2029, and 90% by 2030 and each year thereafter. Administrative penalties for violations by a producer or PRO are $5,000 for the first and $10,000 for the second; a third violation warrants a civil penalty of $20,000. If annual performance goals are not achieved by 2029, MDE may fine the PRO up to $250,000. 

 Related legislation in 2023 required formation of a Packaging Advisory Council (PAC). Circular Action Alliance was selected in October 2024 as the PRO which serves on this PAC; see other appointees at Extended Producer Responsibility  Find the 2/21/25 Assessment at Maryland Statewide Recycling Final Needs Assessment, February 21, 2025.  A more detailed summary of the EPR law will be available on the member-only area of our website shortly.