Oregon's SB 582 (2021), the Plastic Pollution and Recycling Modernization Act, was the first U.S. packaging EPR law to reach active fee collection under an approved program plan, with obligations live since July 1, 2025.
Facts on this page were last verified against primary sources on October 8, 2026. The EPR Atlas is re-checked weekly, and this stamp moves only when a verification pass runs.
Administered by Oregon DEQ through the Circular Action Alliance (CAA), the program uses an LCA-based eco-modulation framework: the statute (ORS 459A.884(4)) lists five factors CAA must consider, and this first cycle implements them as three voluntary LCA bonus credits, A, B, and C, with no maluses in force. Bonus A (disclosure, no improvement required) is worth 10% of a SKU's Oregon base fees excluding the reserve portion (about 8% net), capped at $20,000 per SKU or batch of SKUs, with a per-producer ceiling of $200,000. Oregon also offers Bonus B, a comparative LCA demonstrating reduced impact, capped at $50,000 per SKU or batch and $500,000 per producer. Bonus C rewards an LCA showing substantial impact reduction from switching a SKU from single-use to reusable or refillable packaging; DEQ approved the eco-modulation amendment that added it on September 12, 2025. A producer may receive only one bonus per SKU or batch of SKUs. For bonuses granted in 2027, LCA submissions were due to CAA by May 31, 2026, and CAA grants the bonuses as credits on 2027 base fees.
Oregon also offers a tiered flat fee under ORS 459A.884(6) for producers above de minimis with gross revenue under $10 million or supplying under five metric tons into Oregon, letting them skip material-by-material calculation entirely: for program year 2026 the bands are 1 to 2.5 metric tons at $1,200, 2.5 to 5 at $2,500, 5 to 7.5 at $4,100, and 7.5 to 10 at $5,800. Meeting either the revenue test or the tonnage test is enough. CAA's 2027 schedule offers the bands only to producers supplying 10 metric tons or less, and it opens the two lowest bands to producers over $10 million as well. Neither the approved plan nor the 2026 fee schedule says whether a flat-fee payer can still claim the LCA bonuses.
Penalties reach $25,000 per day. Oregon also carries the most detailed exemption framework of any U.S. state, including a private recycling exemption with an annual March 31 claim window.
A federal court preliminary injunction issued February 6, 2026 covers companies that were NAW members as of that date and nobody else. The court upheld the Recycling Modernization Act on August 27, 2026 and entered final judgment for DEQ on August 28, 2026 (ECF 206); neither the opinion nor the judgment says what becomes of the injunction, so members should not plan around it continuing. Companies joining NAW after February 6, 2026 were never covered, and non-NAW producers face full enforcement.
Final fee rates per metric ton before any LCA bonus credit, so the fee is tonnage x final fee rate, less any LCA bonus credit CAA grants on the invoice. Oregon’s 2027 rates include CAA’s return of about $80 million in reserves, and two rates, aluminum cans and natural HDPE bottles, are below zero.
| Material / Packaging Type | 2027 Rate / Metric Ton | 2026 Rate / Metric Ton | Tier |
|---|---|---|---|
| Aluminum, cans | −$198 | $132 | Tier 1 |
| Clear PET (#1) | $419 | $551 | Tier 2-3 |
| HDPE Natural (#2) | −$88 | $198 | Tier 1 |
| Steel | $88 | $220 | Tier 1 |
| Uncoated Paper/Board | $110 | $176 | Tier 1 |
| Corrugated | $44 | $176 | Tier 1 |
| HDPE Pigmented (#2) | $441 | $705 | Tier 2-3 |
| PP (#5) | $463 | $838 | Tier 2-3 |
| Glass | $0 | $220 | Tier 1 |
| LDPE Film / Mono-PE | $265 | $948 | Tier 2-3 |
| PS Rigid (#6) | $970 | $2,138 | Tier 4 |
| Expanded Polystyrene | $1,631 | $3,042 | Tier 4 |
Source: CAA Oregon Program Plan, Amended Version May 4, 2026 (as posted by DEQ), Producer Fee Incentives; DEQ approval letter of September 12, 2025 for the eco-modulation amendment; OR DEQ Life Cycle Evaluation rule OAR 340-090-0900 to 0940.
In Oregon this cycle, eco-modulation is three voluntary LCA bonuses, A, B, and C.
Multiplier floor: Bonus-only this cycle; LCA dollar caps apply per SKU or batch and per producer
Plan submitted: Yes. CAA is the approved producer responsibility organization and its Oregon program plan is in force.
Agency approved: Yes. Program plan approved; DEQ approved the Responsible End Markets plan amendment on May 4, 2026 (DEQ approval letter of that date).
Where it stands: Year one complete. CAA published its Oregon Annual Report 2025 in July 2026: 2,909 participating producers at the end of 2025 and $167.9 million in FY25 producer fee revenue.
Next milestone: The 2028 to 2032 plan cycle is opening now. CAA held consultation webinars on eco-modulation and responsible end markets (August 12, 2026) and education and outreach (August 19, 2026); the materials and collection lists session was held September 2, 2026. DEQ opened comment on CAA's third amendment to the current plan through 5:00 p.m. PT October 19, 2026, and DEQ's notice for its third RMA rulemaking set comments due by 4 p.m. October 30, 2026.
Source: Oregon DEQ; Circular Action Alliance Oregon Annual Report 2025 (published July 2026). Agency program page →
The following categories may be fully or partially exempt from producer obligations in Oregon. Verify applicability with the CAA producer portal or Oregon DEQ before excluding any materials from supply reports.
Obligation follows a statutory cascade and the shape differs by state. Washington, Maryland, Minnesota, and Maine run five tiers: the manufacturer for goods under its own brand or in packaging lacking brand identification; the licensee that makes or sells under a brand owned by another party; the brand owner; the U.S. importer where none of those exists in the United States; then the person that first distributes the item into the state. The Oregon and Colorado statutes run three tiers: own-brand or unbranded manufacturer, licensee, then the importer into the United States (ORS 459A.866(1)(a); C.R.S. 25-17-703(30)(a)); in Oregon there is no brand-owner tier. The Colorado rule then sets the order of obligation in four steps (6 CCR 1007-2 Part 1, s18.2.2(A)): the brand owner directing or performing the manufacturing of the packaging, then the brand or trademark licensee directing it, then the manufacturer where no brand is identified, then the importer. California reaches a manufacturer that owns or is the licensee of the brand at tier 1, then the brand owner or exclusive licensee, then whoever sells or distributes in or into the state, with no importer tier (PRC 42041(w)). Store-brand and private-label goods usually land on the retailer whose brand appears, but the test differs in two states. In Oregon the retailer is reached only where it directs the manufacturing, including setting packaging specifications, and ordering finished goods for resale in the normal course of business is not directing manufacturing (OAR 340-090-0860(1)(a)). In California an in-state manufacturer that owns the brand or is licensed to manufacture the goods is the producer ahead of the brand owner (14 CCR 18980.1.1(c)(1)).
OR: Three tiers under ORS 459A.866(1)(a): (A) the manufacturer for own-brand or unbranded items, (B) the licensee, (C) the importer where neither exists in the United States; no brand-owner tier. OAR 340-090-0860(1)(a) counts a person that directs the manufacturing, including setting packaging specifications, as the manufacturer, so a brand owner specifying its packaging is reached at tier 1. Definitions at ORS 459A.863. General framework; verify the statutory definition and your specific role before registering.
These attributes are the fee inputs, so they are best captured at design time. CAA collects this once through its producer portal and maps it to each state a producer sells into, and state-specific rules still apply. Retain supporting records to substantiate reports, exemptions, and credits, for the period your PRO agreement and the state program set.
Oregon's statewide collection (acceptance) list defines what counts as recyclable in Oregon. Covered materials / recyclability list →
PCR improvements can qualify for eco-modulation Bonus B (comparative LCA). Oregon has no general packaging PCR mandate; reducing packaging weight lowers tonnage-based fees directly.
No statewide source-reduction mandate; lighter packaging cuts tonnage-based fees dollar for dollar.
Oregon bans intentionally added PFAS in foodware containers, polystyrene-foam foodware, and foam packing peanuts (SB 543, effective January 1, 2025). The ban does not take other polystyrene out of scope. SB 543 removes foam FOODWARE CONTAINERS and PACKING PEANUTS only. All other covered polystyrene is still reported and still charged, and Oregon's 2026 schedule prices multiple PS lines, including expanded and foamed CUSHIONING, which is neither a foodware container nor a packing peanut. Oregon has no toxics-in-packaging heavy-metals law: the state map of the Toxics in Packaging Clearinghouse, which tracks the nineteen states with such laws, places Oregon among the states without legislation (read 2026-09-24), and ORS chapter 459A sets no cadmium or hexavalent chromium limit.
Sources: Oregon SB 543 (eff. Jan 1, 2025); Toxics in Packaging Clearinghouse state map (Oregon: without legislation, read 2026-09-24). The EPR fee calculator models the dollar impact of a design change, and this section does not estimate fees.
Statute: SB 582 (2021), the Recycling Modernization Act, codified at ORS 459A.860 to 459A.975. Read the statute →
Implementing rule: OAR chapter 340, divisions 90 and 91. DEQ filed the Notice of Proposed Rulemaking for its third RMA rulemaking (Recycling Modernization Act Updates 2026) on September 21, 2026: hearings October 20 (10 a.m.) and October 21 (6 p.m.), comments to RMARulemaking3@deq.oregon.gov by 4 p.m. October 30, 2026, and the proposal to the Environmental Quality Commission on or after January 14, 2027. It proposes new exempt product classes in OAR 340-090-0840 and changes to the PRO's glass obligations. Read the rule →
Primary sources. Where the statute and an agency summary disagree, the statute and the adopted rule control.
The EPR Atlas hub includes interactive tools to model your Oregon EPR cost exposure and compare it across all seven enacted states.