Packaging EPR Update: Week of September 28, 2026

Enforcement  |  OR

Oregon DEQ’s second Producer Status List, dated September 4, 2026, names 198 producers that CAA flagged for not registering, reporting, or paying and that did not correct within DEQ’s 30-day warning window. The April 9 list named 304. CAA posted the new list on September 29.

What this means for you: not being on the list does not mean you are in good standing, and penalties run up to $25,000 per day. DEQ updates the list quarterly; to dispute an entry, email rethinkrecycling@deq.oregon.gov. Source: Oregon DEQ, Recycling Modernization Act Producer Status List, September 4, 2026 (posted by Circular Action Alliance, September 29, 2026).

Fee Update  |  OR, CO, CA, CAA

Circular Action Alliance published the 2027 fee schedules for Oregon, Colorado, and California on October 1, 2026.
• Oregon: rates fall a median 48%, mostly because CAA is returning about $80 million of reserves; before that drawdown, base rates fell a median 9%. Two new rows get no reserve relief: small PE and PP caps, lids, and HDPE handles at 41 cents per pound, and molded pulp food serviceware at 43 cents.
• Colorado: dues rise on 44 of 61 materials and a median 19% on the Minimum Recyclable List; aluminum cans go from 2 to 5 cents per pound.
• California: rates are preliminary until CalRecycle approves the program plan, due by January 1, 2027. Plastic adds 29 cents per pound and 0.1 cent per component, so a clear PET bottle pays 41 cents against the 2026 early fee of 1.3 cents.
All three invoice 50% in January and 50% in July 2027, and California bills its full Plastic Pollution Mitigation Fund share in January.

What this means for you: re-run your 2027 budget, plan Oregon beyond 2027 from its base rates, and set aside January cash for California. Every category is compared with 2026 on the 2027 EPR fee schedules page. Sources: CAA, 2027 Oregon Producer Fees Schedule (October 1, 2026); CAA, 2027 Colorado Producer Dues Schedule (October 1, 2026); CAA, 2027 California Producer Fees Schedule, preliminary (October 1, 2026).

Fee Update  |  CO

Interchange 360, the CDPHE-approved program for automotive lubricant packaging in Colorado, will charge dues by material from January 1, 2027 instead of a flat $0.56 per gallon. Base rates run from $0.76 per gallon for non-petroleum HDPE to $1.88 for PET, PVC, PP, other rigid plastic, and other materials, with non-aerosol metal at $0.89 and aerosol metal at $1.51. Its 2027 eco-modulation guidance was not posted as at October 4, 2026, and a producer webinar is set for October 14. Update (October 7, 2026): Interchange 360 has since posted the guidance, which takes 5 percent off base dues from January 1, 2027 for packaging that averages at least 25 percent post-consumer recycled content generated in North America. CAA lists its own Colorado eco-modulation guidance as revised October 2026 in its Producer Portal.

What this means for you: if you sell motor oil, antifreeze, or other automotive fluids into Colorado, rebudget 2027 by container material, since a PET or PP container goes from 56 cents to $1.88 a gallon. Register for the October 14 webinar. Sources: Interchange 360, Notice of Colorado Dues Changes (October 2, 2026); CAA, Producer Guidance Colorado (read October 4, 2026).

Comment Period  |  WA

Washington Ecology is taking comment on its draft preliminary needs assessment (RCW 70A.208.110) from October 1 to October 30, 2026. The draft maps recycling access, costs, tonnages, and end markets across the state, and the final version is due December 31, 2026.

What this means for you: this assessment is the baseline for the program plan your Washington fees will fund, so now is the time to flag gaps that affect your materials. Comment through Ecology’s portal by October 30. Source: Washington Ecology, Recycling Reform Act needs assessments (read October 4, 2026).

Comment Period  |  RI

The Rhode Island Department of Environmental Management will take comment on its draft Statewide Implementation Analysis, which weighs a packaging EPR program and a deposit return system, from October 15 to November 16, 2026 at 4 p.m. A public hearing is set for November 4 at 1 p.m. at DEM’s Providence headquarters, with a virtual option. The final report is due December 1, 2026 under H6207 (2025).

What this means for you: Rhode Island has no EPR obligation today, but this report shapes its next bill. If you sell there, comment through RIDEM’s form once the draft is posted. Source: RIDEM, Statewide Implementation Analysis page (read October 4, 2026).

Litigation  |  OR

The Ninth Circuit docketed NAW’s appeal of the ruling that upheld Oregon’s Recycling Modernization Act on September 30, 2026, as No. 26-6404. NAW’s opening brief is due December 17, 2026 and Oregon’s January 18, 2027. Neither docket shows a request to stay the ruling.

What this means for you: nothing changes. The law stands during the appeal, so keep registering, reporting, and paying in Oregon. Source: Ninth Circuit docket No. 26-6404, Dkt. 1 and 2 (September 30, 2026).

Litigation  |  CA

On September 28, 2026 the court in California League of Food Producers v. Bonta denied Earth Island Institute and Californians Against Waste leave to intervene as defendants, holding that the Attorney General adequately represents their interests (ECF 34). The groups may still ask to file amicus briefs.

What this means for you: nothing changes. The July 14, 2026 injunction still bars the Attorney General from enforcing SB 343, but the law stays on the books and SB 54 uses its recyclability rules for your 2027 fees, so keep designing to them. Source: Order denying intervention, ECF 34, S.D. Cal. (September 28, 2026).

Fee Update  |  WA

CAA published its 2027 Washington Early Fees Schedule on October 1, 2026, with eight per-pound rates by material category, from $0.002 for glass and ceramics to $0.030 for wood and other organic materials. Washington’s Recycling Reform Act requires the PRO to set an initial fee structure, used until its program plan is approved, and to collect fees annually from registered producers (RCW 70A.208.040(3)(b)).

What this means for you: the rates apply to program year 2027, but CAA has not said when it will invoice them or which year of supply data it will use, so watch for CAA’s invoice notice. CAA holds a fee-setting webinar on October 21, 2026 at 3:30 p.m. ET; register for the webinar. All eight rates are on the Washington page. Sources: CAA, 2027 Washington Early Fees Schedule (October 1, 2026); CAA, Washington 2027 Early Fees (read October 6, 2026).

Site Update

The Total EPR Fee Estimator and the Unit EPR Fee Calculator now default to the 2027 rates CAA published on October 1, 2026 for Oregon, Colorado, and California, with a switch back to 2026. For California, the unit calculator adds the 0.1 cent fee per plastic component and applies plastic fees to the plastic share of cartons and coated board, 20% if you leave it blank. EPR fees by state and the Oregon and Colorado pages show both years side by side, and a one-page summary of the changes is available to download.