Colorado Advances Extended Producer Responsibility Program

The Colorado Department of Public Health and Environment (CDPHE) continues to advance the implementation of Colorado’s Extended Producer Responsibility (EPR) Program, a comprehensive regulatory framework that fundamentally restructures how packaging and paper recycling is funded and managed across the state.

Established under House Bill 22-1355, which was signed into law on 3 June 2022, the Producer Responsibility Program introduces a mandatory, producer-funded recycling system for packaging and paper products sold or distributed in Colorado. The legislation shifts financial responsibility for recycling away from taxpayers and local governments and places it squarely on producers that introduce covered materials into the Colorado market.

Scope and Applicability

The EPR program applies broadly to producers of packaged goods and paper products, including manufacturers, brand owners, and, in certain cases, importers or distributors. Any company placing products with covered packaging or paper materials on the Colorado market must participate in the program to remain legally compliant.

Failure to comply with will prohibit producers from selling covered products in Colorado once enforcement begins.

Compliance Obligations

Under the program, participation becomes mandatory from 1 July 2025. From that date onward, producers may not sell covered materials in Colorado unless they are registered and participating in the EPR system.

Financial obligations under the scheme will begin in January 2026, when producers are required to pay annual producer fees. These fees are calculated based on the type, quantity, and characteristics of covered materials placed on the market. The program also incorporates eco-modulation principles, allowing fees to be adjusted to incentivise recyclable, reusable, and lower-impact packaging designs.

In addition to fee payments, producers must:

• Register with the designated Producer Responsibility Organization (PRO)
• Submit accurate data on packaging and paper placed on the market
• Maintain records to demonstrate ongoing compliance with statutory and regulatory requirements

Governance Structure and Role of the PRO

Colorado has designated the Circular Action Alliance (CAA) as the state’s official Producer Responsibility Organization (PRO). As the central operational entity, CAA is responsible for administering the program on behalf of producers and coordinating statewide recycling activities.

CAA’s responsibilities include:

• Funding and expanding recycling infrastructure across Colorado
• Managing collection, sorting, processing, and recycling services
• Supporting education and public outreach initiatives
• Serving as the primary compliance, reporting, and data management body for producers

CDPHE has formally approved CAA’s Final Program Plan, which outlines the phased rollout of the EPR system and provides operational direction through mid-2026.

Implementation Timeline and Milestones

Key milestones under the Colorado EPR framework include:

• 1 July 2025: Producers must be registered with the EPR program to sell covered materials in Colorado
• January 2026: First annual EPR fees become payable
• June 2026: Full implementation of the approved program plan begins statewide

These milestones mark the transition from program setup to full operational delivery of producer-funded recycling services.

Environmental and Systemic Objectives

The Colorado EPR program aims to establish a fully producer-funded recycling system, reducing reliance on municipal budgets and creating long-term financial stability for recycling services.

According to projections included in the approved program plan, the initiative is expected to:

• Expand access to convenient recycling services for nearly all Colorado residents within five years
• Improve material collection consistency across urban, rural, and underserved areas
• More than double statewide recycling rates for packaging and paper by 2035

By linking fees to packaging design, the program also encourages producers to adopt more recyclable and sustainable materials, supporting circular economy objectives

Regulatory Developments and Rulemaking

To support implementation, Colorado has adopted and amended EPR regulations covering program governance, fee structures, reporting obligations, and enforcement mechanisms. Notably, eco-modulation criteria have been incorporated into the regulatory framework, rewarding sustainable packaging choices, and discouraging difficult-to-recycle materials.

These regulatory updates were finalized in late 2025, providing greater certainty to producers ahead of the 2025–2026 compliance deadlines.

Recent Developments and Program Highlights

A significant recent milestone was CDPHE’s formal approval of CAA’s Final Program Plan, reflecting extensive consultation with producers, local governments, recyclers, and community stakeholders.

CAA has also intensified local government engagement and education efforts, including webinars, planning workshops, and coordination activities designed to support a smooth transition to the EPR model.

In parallel, CDPHE approved an individual producer responsibility plan for the Lubricant Packaging Manufacturers Association (LPMA). This sector-specific plan offers an alternative compliance pathway for eligible producers while remaining aligned with the state’s overarching EPR objectives.

Further Actions

As implementation progresses, producers are strongly encouraged to:

• Complete registration with the designated PRO
• Establish internal systems for data tracking and reporting
• Assess packaging portfolios for potential eco-modulation benefits

Further regulatory guidance and refinements are expected as CDPHE and CAA continue program rollout and stakeholder engagement over the coming months.

Source: Producer Responsibility program