Oregon Rulemaking to Consider Additional Exemptions from "Covered Products"

The Oregon Department of Environmental Quality (“DEQ”) is currently accepting exemption requests from the definition of materials subject to Oregon’s extended producer responsibility (“EPR”) law for packaging, paper, and food service ware. Exempt materials are not subject to the program, which began charging producer fees this past summer.

Each of the seven currently enacted state-level EPR laws for packaging provides certain exemptions and categorical exclusions from the definition of “covered materials” or “covered products” subject to producer reporting and fee payments (different states use different terms). Generally, exemptions must be requested whereas exclusions apply automatically.

DEQ, Oregon’s implementing agency, has the discretionary authority to exempt additional materials through rulemaking and is currently soliciting requests for exemptions. Requests are product-specific, not brand-specific. DEQ encourages respondents to coordinate a joint request for products of mutual interest. The request must discuss how the product aligns with an existing category excluded from “covered materials” under ORS 459A.863(6)(b), if there is additional reason to exempt the particular product, and if the exemption would result in free ridership or other negative impacts (particularly environmental).

Interested parties must submit their request by 5pm PST on October 31, 2025 to rethink.recycling@deq.oregon.gov using this form. DEQ will evaluate each request in consultation with Oregon’s Recycling System Advisory Council and decide whether to include the exemption in its third rulemaking phase, with adoption anticipated by February 2027. EPR Group actively monitors the Recycling System Advisory Council’s meeting activity and recommendations to DEQ.

Oregon’s EPR program is the farthest along among the EPR states. Discretionary exemptions in Oregon may have a precedent-setting effect in other states that follow. Although the statutory exemptions and categorical exclusions differ from state-to-state, each of the seven currently enacted EPR laws provides its implementing agency with discretionary authority to grant additional exemptions.

EPR Group advises producers on which of their materials are subject to or excluded from each EPR program, for which of those in-scope materials are they the obligated producer, and how to evaluate strategic packaging initiatives to reduce EPR fees within the states’ various requirements and incentives.