Maine DEP Proposes Updates to its EPR Regulations

Maine Department of Environmental Protection (DEP) has proposed updates to its regulations that implement the state’s extended producer responsibility (EPR) law. Some of the changes are being proposed to amend 06-096 Code of Maine Rules (C.M.R.) Chapter 428, “Stewardship Program for Packaging,” to align with changes made to 38 Maine Revised Statutes (M.R.S.) § 2146 under LD 1423. These include:

• Updating the definition of "consumer" and “producer”
• Removing the language requiring participating municipalities to collect and recycle all packaging material designated as readily recyclable
• Removing the requirement for producers to report on UPCs of products sold by packaging material type during annual producer reporting

(For more details on LD 1423, see the Packaginglaw.com article, Maine Enacts Law to Modify Packaging EPR Requirements.)

DEP is also proposing to add Appendix A, “The Packaging Material Types List,” to Chapter 428. This list defines packaging material and designates packaging material types readily recyclable, as applicable. Additionally, the list may further designate a packaging material type as compostable or reusable.

DEP will hold a public hearing on the proposal on October 16, 2025. Comments are due by October 27, 2025.