Maine Requesting Comments on Initial Packaging Material Types List Under Packaging Stewardship Program

In 2021, Maine passed a law establishing a stewardship program for packaging sold, offered for sale, or distributed for sale in the State of Maine. The goal of the stewardship program, in part, is to increase the recyclability of packaging material. Producers, typically brand owners, who use packaging for the containment, protection, delivery presentation, or distribution of their products to consumers, are required to make payments under the program based on the amount and recyclability of the material used. The stewardship program will be administered by Maine’s Department of Environmental Protection (DEP), and in December 2024, DEP published a final set of rules for implementation of the program.

Appendix A of the final rules comprises a Packaging Material Types List. Appendix A of the final rules is currently empty, but DEP is obligated to initiate a technical rulemaking within 270 days to develop an initial Packaging Material Types List. In advance of the formal rulemaking, DEP held a public meeting on April 16 and is seeking written comments from the public on an initial draft (see pp. 11-12).

The final rules define a Packaging Material Type as a class of packaging material with similar management requirements, form, and value. The initial draft developed by DEP is sectioned by base material (glass, metal, paper, plastic by resin type, and cork/wood) and the packaging material types (e.g., clear glass containers, molded pulp forms, uncoated paper forms, and PET (#1) flexible and film forms). The Department assessed each packaging material type under Maine’s “readily recyclable” designation. As defined by regulation, a material is readily recyclable if it meets the “marketability, throughput, and ratio” criteria. The requirements for marketability, throughput, and ratio are discussed further in the Packaging Material Types List background document and may be summarized as follows: 

• Marketability: at least two markets in North America recycle the packaging material type
• Throughput: the packaging material is common enough to warrant sortation
• Ratio: at least 60% of the weight of packaging material type is routinely separated and targeted for recycling 

Over 80 entities, including manufacturers, recyclers, and trade associations, attended the April 16 meeting virtually and in person to discuss and comment on the draft list in advance of the formal rulemaking period. 

Written comments may be submitted to DEP until April 30, 2025, via this form or may be emailed to MainePackagingEPR@maine.gov.