THIS WEEK’S CONTRIBUTOR:
Tim Olson | Senior Environmental & Sustainability Regulatory Advisor
APTIM | Environment & Sustainability Solutions
Tim.Olson@APTIM.com
Tim is a visionary policy attorney and a hands-on project administrator and manager. With over 10 years’ experience in developing and sharing solutions to energy and environmental crises, Tim supports the work of multiple teams across APTIM by identifying and tracking emerging energy and environmental policy issues and cross-selling opportunities.
Upstream Solutions: How EPR Laws Can Help Curb PFAS in Consumer Packaging
As concern about the health and environmental risks of per-and polyfluoroalkyl substances (PFAS) continues to grow, regulatory attention is turning toward the role of consumer products and packaging in PFAS exposure.
One evolving strategy is the use of extended producer responsibility (EPR) laws to indirectly address sources of PFAS contamination. While EPR regulations are not currently focused on PFAS reduction, many states are now exploring how these policies can be leveraged to phase out or reduce PFAS in packaging and products.
This intersection of EPR and PFAS regulation represents a new frontier in policy-making, one that demands strategic coordination between producers, recyclers, and regulators.
Understanding PFAS and Why They Are Regulated
PFAS are a group of synthetic chemicals widely used in consumer products for their resistance to heat, water, and oil. However, they do not break down easily in the environment and have been linked to adverse health effects, including cancer and immune system disruption.
Regulatory efforts to control PFAS have largely involved:
- State legislation restricting or phasing out PFAS in products
- Federal and state agency rulemaking, including drinking water standards and discharge limits
- Litigation against manufacturers for environmental and health damages
Despite these actions, the regulation of PFAS remains fragmented. EPR may offer a new approach to reduce PFAS at the product design stage, rather than relying solely on end-of-life management or cleanup.
Understanding EPR’s Role
EPR shifts the burden of managing a product’s environmental impact from municipalities to producers. EPR programs often require:
- Financial contributions from producers for waste management
- Direct involvement in take-back, recycling, or disposal programs
- Design changes to reduce environmental harm
While not originally designed to regulate chemical substances, EPR laws may indirectly reduce PFAS in the waste stream by discouraging the use of toxic substances in production and packaging. Some states, like California, are now considering amendments to their EPR laws that prohibit intentionally added PFAS in packaging and other consumer products.
Potential Benefits of Linking EPR and PFAS Regulation
Aligning EPR with PFAS reduction efforts offers several advantages:
- Source reduction encourages producers to eliminate PFAS before products enter the market
- Safer product design incentivizes innovation of PFAS-free alternatives
- Improved recycling outcomes reduces contamination risks in recycled materials
- Shared accountability involves producers in long-term environmental and public health protection
Regulatory Roadblocks and Next Steps for PFAS in EPR
Despite its promise, integrating PFAS oversight into EPR programs raises important considerations.
- Clear guidelines are needed on which products and packaging are subject to PFAS restrictions under EPR laws.
- Regulators, producers, and recycling facilities must coordinate to track PFAS content and impacts on recycling streams.
- Systems must be developed to verify producer responsibility and ensure transparency in product materials.
Sustainable Packaging as the Future
As EPR laws continue to evolve in the US, there is growing recognition that these frameworks can support broader environmental and public health goals, especially when aligned with efforts to eliminate PFAS. While EPR alone may not be the primary tool for PFAS regulation, it offers a valuable pathway to reduce exposure and contamination upstream.
At APTIM, we work with organizations to create tailored sustainability solutions. Whether through PFAS risk assessments, product testing and evaluation, or environmental compliance strategies, our experts are here to help your business align with emerging standards and lead the charge toward a more sustainable future.
Learn more about our PFAS services and how we can support your sustainability goals.
Published May 2025
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