On May 15, 2026, the Minnesota Pollution Control Agency (MPCA) issued a notice that it intends to develop rules to clarify and implement certain positions of Minnesota’s Extended Producer Responsibility (EPR) law, the Packaging Waste and Cost Reduction Act (PWCRA or the Act) found at Minn. Stat § 115A.144, et seq.
Background
The Act requires producers of covered materials, generally including covered packaging and paper products, to participate in a state-approved Producer Responsibility Organization (PRO). To date, Minnesota has designated Circular Action Alliance (CAA) as the state’s sole PRO. The PRO must develop a Stewardship Plan by October 1, 2028, implementing the Act’s substantive requirements, including facilitating expanded recycling services and meeting required recycling, composting and reuse rates, as well as post-consumer recycled content mandates. The plan will be informed by MPCA’s Preliminary Assessment (completed in February 2026), and a Needs Assessment due December 31, 2026, which will evaluate, among other things, baseline recycling, compost and reuse rates, investments needed to increase those rates, and best practices for education and outreach. The forthcoming rules could significantly affect producers’ compliance obligations, reporting responsibilities, costs and participation requirements under Minnesota’s new packaging stewardship framework.
Forthcoming Rulemaking
The MPCA indicated the anticipated rulemaking will “clarify definitions, exemptions, collection lists, statewide requirements and measurement, the stewardship plan and annual reports…” The rulemaking represents an opportunity for potentially obligated producers to provide input on EPR implementation in Minnesota, including on the scope and applicability of statutory exemptions to the Act, which have created uncertainty for regulated entities.
MPCA has not yet set a date for when it will issue a request for public comments or an expected date for the adoption of the final rules, but the notice comes as the data gathering phase of the MPCA’s preparation of the Needs Assessment closed on May 8, 2026, and in advance of the anticipated public comment period on the Needs Assessment beginning in September.
What Producers Should Consider Now
- Evaluating whether products or packaging fall within the Act’s scope
- Monitoring forthcoming MPCA requests for comments and stakeholder engagement opportunities
- Assessing potential reporting, recycling and stewardship obligations
Potentially obligated producers and other stakeholders should consider participating in the rulemaking process once public comment opportunities become available. Fredrikson’s Environmental team will continue to monitor and provide updates on the rulemaking, including through the posting of the Notice of Request for Comments in the State Register. The team also stands ready to assist those subject to the Act with compliance or other questions related to existing or forthcoming requirements.
For more information or questions, contact William Hefner or Tom Brett.
Featured Professionals
Professionals
612.492.7308
612.492.7047
