Legislative Outlook for 2024

EPR Initiatives Across the States

Extended Producer Responsibility (EPR) proposals have been ubiquitous across U.S. statehouses, and this course is expected to continue in 2024. EPR proposals require producers to manage the end-of-life for products introduced into commerce, including the products’ packaging, as a means of reducing the packaging waste stream; and in many cases, shifting the cost burden from state government to industry. In the last few years, four states – California, Colorado, Maine, and Oregon – have enacted EPR laws addressing plastic packaging. In 2023, Vermont passed a similar type of EPR law that addresses household hazardous products. Importantly, all five of these states have exemptions for architectural paints sold in five gallons or less since all five of these states have the PaintCare program – the ACA-led, industry paint stewardship organization.

In 2024, more states will likely follow established EPR templates and introduce initiatives that seek industry management of their products and product packaging throughout their lifecycle.

ACA remains actively involved at the state level and continues to analyze the impact of these EPR schemes on other paint and coatings products – some of which remain uncertain as implementation is dependent upon rule development and that effort has just begun.

ACA will continue to promote the industry’s positions and engage with stakeholders to mitigate initiatives that could unduly burden industry.

Efforts to Restrict PFAS

Per- and polyfluoroalkyl substances (PFAS) are a chemical grouping of fluorinated chemicals used as an additive in a wide array of products. With growing public concern about potential hazards of PFAS in drinking water and other sources, U.S. policymakers are leading efforts to regulate and potentially ban PFAS. These programs could affect how companies manage PFAS on-site and in products. As restrictions become more prevalent, industry also faces challenges in disposing of existing stocks of firefighting foam and other products containing banned PFAS substances. Industrial sites are also challenged with conducting site remediation from legacy uses of firefighting foam or other industrial uses.

In October 2023, the U.S. Environmental Protection Agency finalized a rule that requires manufacturers and importers of defined PFAS to report data on the manufacture and import in threshold amounts from January 1, 2011, through the end of 2022. In addition, “small manufacturers” must report for an additional six months on PFAS in manufactured articles.

But action on PFAS isn’t relegated to the federal sphere: PFAS proposals are prevalent across state legislatures. Last year, the Maine legislature modified its PFAS reporting requirement – and eventual ban – and Minnesota enacted a very similar law. PFAS legislative initiatives are likely to continue in 2024 in many states. As always, ACA continues to advocate for sound science and reasonableness in these legislative initiatives.