Comment Period  |  OR  |  September 21, 2026

Oregon DEQ proposed its third Recycling Modernization Act rulemaking on September 21, 2026. It would exempt several packaging types from the covered product rule (OAR 340-090-0840), among them leased reusable plastic containers, industrial specialty packaging such as gaylords of 33.8 cubic feet or more, film in direct contact with raw meat (until 2032), and ag-chemical HDPE containers eligible for Ag Container Recycling Council collection. Correction (October 7, 2026): as drafted, the raw meat film exemption is valid through December 31, 2032 (proposed OAR 340-090-0840(2)(m)); DEQ’s notice says it is proposed to expire in 2032. It would also reduce the PRO’s glass collection duties, which DEQ expects could lower the $0.10 per pound glass fee in 2027, though CAA’s board sets fees.

What this means for you: these are proposals, so keep reporting as you do today. If one fits your packaging, speak at the October 20 (10 a.m.) or October 21 (6 p.m.) hearing, or email RMARulemaking3@deq.oregon.gov by 4 p.m. on October 30, 2026. DEQ plans to take the rules to the commission on or after January 14, 2027. Sources: Oregon DEQ, Notice of Proposed Rulemaking, Recycling Modernization Act Rulemaking 3 (September 21, 2026); Oregon DEQ, Recycling Modernization Act Updates 2026 rulemaking page.

(Corrected October 1, 2026: the garbage-bag exclusion is already in force under temporary rule DEQ 10-2026, through March 12, 2027; OAR 340-090-0840.)

(Corrected October 7, 2026: the exemption for ag-chemical HDPE containers eligible for Ag Container Recycling Council collection is already in force at OAR 340-090-0840(2)(d)(D). Rulemaking 3 would make it subject to new conditions in a new OAR 340-090-0841 rather than create it.)

Update, October 7, 2026: CAA’s 2027 Oregon Producer Fees Schedule, published October 1, 2026, sets Glass Bottles and Jars & Other Containers at a base rate of 4 cents per pound and a final rate of zero after reserve drawdowns (CAA, 2027 Oregon Producer Fees Schedule).

Where this sits

This entry is part of the EPR Atlas weekly update log. Every week the Atlas checks the seven enacted states, the pending and early-stage states, the federal bills, active litigation, and agency rulemaking, then publishes what actually changed. See the full update archive or the live hub.