ORS 459A.869 details the requirements for producers and producer responsibility organizations related to the recycling system established by the Plastic Pollution and Recycling Modernization Act. Producers may seek an exemption from obligations for covered products that meet specific criteria (per ORS 459A.869(13)):
(a) A producer may demonstrate to the department that a material is exempt from the requirements for a covered product if the material:
- (A) Is collected through a recycling collection service not provided under the opportunity to recycle;
- (B) Does not undergo separation from other materials at a commingled recycling processing facility; and
- (C) Is recycled at a responsible end market.
(b) If only a portion of the material sold in or into this state by a producer meets the criteria of paragraph (a) of this subsection, the portion that meets the criteria is exempt and the portion that does not meet the criteria is a covered product.
Administrative rules OAR 340-090-0840(3) provide further details related to this exemption.
Webinar
The webinar, Understanding the Covered Product Exemption under ORS 459A.869(13) in Oregon's Packaging EPR Program was conducted on Feb. 4, 2025.
In this webinar hosted by Product Stewardship Institute, DEQ, Circular Action Alliance, and Cascadia Consulting Group explained the requirements associated with ORS 459A.869(13) and three options for demonstrating qualification for an exemption, including:
- The passive claims reporting approach, applicable to non-consumer tertiary transport corrugated cardboard and non-consumer pallet wrap only. To claim a portion of the “pool volume" for these materials, a producer need not submit a claim form to DEQ, and need only report gross volumes of these materials supplied in or into Oregon in 2024 to Circular Action Alliance by March 31, 2025
- The limited-active reporting approach, applicable to shredded printer/copier paper. To claim a portion of the “pool volume" for this material, a producer needs to fill out limited portions of the claim form (Tabs 1 and 2) and submit it to DEQ
- The active claims reporting approach, which a producer can use for any material by filling out the entire claim form (Tabs 1-5 if you arrange the recycling of your material, Tabs 1-6 if someone else arranges the recycling) and submitting to DEQ
- The methodology for calculating the three pool volumes, including an opportunity for the paper industry to provide data to DEQ by March 21, 5pm PT, that could result in an increase to the shredded paper pool volume
DEQ also held two drop-in sessions that provided producers and retailers with an opportunity to ask DEQ and Cascadia Consulting Group questions about filling out the claims form and other aspects of the exemption process.
Reporting form
The following forms are to be used by producers to submit a claim for an exemption under the ORS 459A.869(13) process:
DEQ will accept responsible end market self-attestation forms up to 5 p.m. PT on April 30. All claim submissions (complete Excel claim forms and additional required information in pdf format) should be provided to DEQ at the following email address by March 28, 2025 by 5 p.m. PT:
product.exemption@deq.oregon.gov. Claimants are instructed to provide 2024 data in their submissions, and DEQ will evaluate the information for the purpose of determining exemption volumes for the 2025 and 2026 fee years.
Confidential business information
- Any information provided to the department in a claim may be designated confidential by the claimant if considered to contain trade secrets or for other reasons. OAR 340-090-0710(2) describes how a claim of confidential information is to be made and applied to information furnished to the department in the context of the Recycling Modernization Act.
- Pursuant to OAR 340-090-0710(5), DEQ may share information submitted in claim forms with Circular Action Alliance.