Active Program

Colorado Packaging EPR: Producer Compliance Guide

Colorado's HB 22-1355 (2022) launched active base fee obligations in January 2026, making it the second U.S. state with live EPR fee payments. Administered by CDPHE through the Circular Action Alliance (CAA), the program uses a bonus-malus eco-modulation framework (CDPHE schedule at 6 CCR 1007-2 Part 1 Section 18.9) -- unlike Oregon, Colorado applies both credits and maluses, and uses no life cycle assessment. Credits are mostly 1% each per Eligible Material (a material, SKU, or component) and are capped at 10% total; the single largest credit is up to 10% for concentrating a liquid product and providing clear dilution instructions. Other 1% benchmarks include clear on-pack recycling instructions, Colorado-origin post-consumer recycled content (at least 30% in-state PCR), certified compostability, and a recyclability or reuse case study. Maluses are design-based: practices that raise the cost of recycling, reuse, or composting; designs that disrupt the recycling of other materials; or use of materials not on the Minimum Recyclable List. Colorado's de minimis threshold is less than 1 metric ton OR less than approximately $5.5 million in global revenue -- either condition alone grants full exemption.

Governing Law
HB 22-1355 - Producer Responsibility Program for Statewide Recycling (2022)
Fee Start
January 2026 - ACTIVE
Max Penalty
Civil penalties + sales prohibition
Administering Agency
Colorado CDPHE
PRO / Administrator
Circular Action Alliance
De Minimis
<1 ton OR <~$5.5M global revenue

Fee Schedule by Material

Base rates before eco-modulation. Final fee = Tonnage x Rate x Eco-Modulation Multiplier.

Material / Packaging TypeRate / Metric TonTier
Aluminum, cans $118 Tier 1
Clear PET (#1) $490 Tier 2-3
HDPE Natural (#2) $176 Tier 1
Steel $196 Tier 1
Uncoated Paper/Board $157 Tier 1
Corrugated $157 Tier 1
HDPE Pigmented (#2) $627 Tier 4
PP (#5) $745 Tier 4
Glass $196 Tier 1
LDPE Film / Mono-PE $843 Tier 4
PS Rigid (#6) $1,901 Tier 4
Expanded Polystyrene $2,705 Tier 4

Eco-Modulation Factors

◐ SignaledDescribed in an official source (statute, draft rule, or CAA plan) but not yet final, or specific values not yet set.

Source: CDPHE eco-modulation schedule 6 CCR 1007-2 Part 1 Sec. 18.9 (draft Aug 2025; program plan approved Dec 2025) + CAA 2026 producer dues. Reported via rule-section citations; raw rule text not yet read line-by-line. Structure firm; exact per-benchmark rates may settle as CAA finalizes its own factors.

Eco-modulation adjusts fees based on packaging design and recyclability attributes.

Fee Reductions (Bonuses)

Clear on-pack recycling instructions: −1% per Eligible Material Colorado-origin PCR (≥30% in-state): −1% Certified compostable (CO/ASTM): −1%, plus −1% if field-tested at a CO facility Recyclability / commodity-value or reuse case study: −1% Liquid concentration + clear dilution instructions: up to −10% (largest single credit)

Fee Increases (Maluses)

Designs/practices that raise recycling, reuse, or composting costs Designs/practices that disrupt the recycling of other materials Use of covered materials not on the Minimum Recyclable List (MRL)

Multiplier floor: 0.90× (credits capped at 10% total per Eligible Material)

ℹ️
Per CDPHE's eco-modulation bonus schedule (6 CCR 1007-2 Part 1 Section 18.9; draft released Aug 2025, program plan approved Dec 2025). Credits are mostly 1% each per Eligible Material (material, SKU, or component), capped at 10% total; the single largest is up to 10% for concentrating a liquid product plus clear dilution instructions (e.g., concentrated detergent with a smaller cap). Colorado uses NO LCA (unlike Oregon). Maluses are design-based (raise recycling/reuse/compost cost, disrupt other materials' recycling, or use non-MRL materials). The 2026 producer dues already apply some eco-modulation (e.g., glass bonus ~4.2 to 4.0 cents/lb; EPS/PS foam malus ~160.2 to 172 cents/lb). Exact rates may be refined as CAA finalizes its own eco-modulated factors.

Key Dates and Timeline

Jul 31, 2025
PPA signing + 2024 supply data due
Dec 2025
CDPHE approved Colorado program plan
Jan 2026
First mandatory fee payments due
May 31, 2026
2025 Annual Supply Report due
Early 2027
Fee invoices for 2025 data issued

Covered Products Scope

Consumer-facing packaging including plastics, glass, metals, paper/paperboard, and composite materials. Also includes paper products (newspaper, catalogs, directories). Excludes: B2B transport packaging, pharmaceutical/medical device packaging, DOT hazmat packaging.

Exemptions and Exclusions

The following categories may be fully or partially exempt from producer obligations in Colorado. Verify applicability with the CAA producer portal or Colorado CDPHE before excluding any materials from supply reports.

De Minimis (Small Producer)
<1 ton/year placed on market OR <~$5.5M global revenue (either qualifies)
B2B / Tertiary Packaging
B2B packaging not intended for end consumers excluded. Transport-only packaging (shipping boxes, pallets, pallet wrap) excluded.
Medical Device and Pharmaceutical
Packaging for animal biologics regulated under the federal Virus-Serum-Toxin Act (vaccines, bacterins, antisera, diagnostic kits) exempt. No explicit human medical device exemption in Colorado statute - producers of human medical device packaging should verify applicability with CDPHE or CAA.
Agricultural Packaging
Agricultural producers with <$5M gross revenue from ag products sold under their own brand in Colorado excluded from producer obligations
Hazardous Materials Packaging
Packaging required for hazardous materials transport under DOT regulations excluded
Construction / Contractor Packaging
Packaging used by construction companies or contractors in B2B context excluded
Colorado's exemption framework is narrower than Oregon's. Producers of human medical device packaging should confirm scope directly with CDPHE or CAA before assuming exemption.

Frequently Asked Questions

Are Colorado EPR fees currently active?
Yes. Colorado base fees went live in January 2026, making Colorado the second U.S. state with active EPR fee obligations. The 2025 Annual Supply Report was due May 31, 2026.
What is Colorado's de minimis threshold?
Less than 1 metric ton per year placed on the Colorado market OR less than approximately $5.5 million in global revenue -- either condition alone grants full exemption.
What is the maximum eco-modulation reduction in Colorado?
Colorado caps total eco-modulation credits at 10% per Eligible Material -- the lowest cap of any U.S. EPR state. Most benchmarks are worth 1% each (clear on-pack recycling instructions, Colorado-origin PCR of at least 30%, certified compostability, a case study, and others). The single highest-value action is concentrating a liquid product and providing clear dilution instructions, worth up to 10% on its own. (Source: CDPHE eco-modulation schedule, 6 CCR 1007-2 Part 1 Section 18.9.)
Does Colorado use life cycle assessments (LCAs) for eco-modulation like Oregon?
No. Unlike Oregon, Colorado does not use LCAs. Colorado credits are tied to specific design and labeling benchmarks (mostly 1% each, capped at 10% total), and Colorado also applies design-based maluses -- for practices that raise recycling, reuse, or composting costs, designs that disrupt the recycling of other materials, or use of materials not on the Minimum Recyclable List.