Oregon DEQ rejects CAA’s first draft program plan

The Oregon Department of Environmental Quality (DEQ) has rejected the first draft of the producer responsibility organization program plan submitted March 31 by the Circular Action Alliance (CAA) under the Oregon Recycling Modernization Act (RMA). The plan outlines how CAA intends to administer Oregon’s extended producer responsibility (EPR) program for packaging, paper products and food service ware.

The DEQ has requested CAA submit a revised plan to the agency on or before Sept. 27.

In its initially proposed plan, CAA outlines an approach to implementing the RMA that builds on the existing system by upgrading facilities and improving public participation, understanding and equity throughout the state’s recycling system. With this approach, CAA is seeking to increase the diversion of recyclables from disposal and reduce the negative environmental, social and health impacts from the end-of-life management of products and packaging.           

In its decision letter dated July 29 to CAA Chair Charles Schwarze, the DEQ writes that it appreciates the "constructive tone of the Plan, its ease of navigability and the considerable knowledge of Oregon’s program requirements that it reflects,” adding that it understands these strengths of the plan result from CAA having brought a "strong and comprehensive team to the project startup phase well in advance of the plan due date, under the leadership of Doug Mander."

The DEQ says that as it looks toward future revisions of the plan under CAA Oregon Director Kim Holmes, who was appointed to the role July 1, it is confident in CAA’s ability to ultimately produce a revised version of the plan that meets all requirements and launch its "first-in-the-nation program" on the start date of July 1, 2025.

While the DEQ reviewed and approved 18 of the 36 sections of the plan individually, overall plan approval is contingent upon DEQ’s approval of all sections. The agency conditionally approved four sections and rejected 14 sections.

The sections with conditional approval pertain to producer responsibility organization (PRO) description and qualifications, depot collection targets, education and outreach and material categorization for the producer fee schedule. If CAA revises the content to align with DEQ’s approval conditions, these sections will be considered approved upon resubmission, the DEQ notes. However, substantial changes to conditionally approved sections that do not align with the DEQ conditions of approval would initiate another full review of those sections.

For the 14 sections that were not approved, CAA must revise the content, incorporating feedback from DEQ, the Recycling Council and the public. The nonprofit then has two more opportunities to seek approval. 

The CAA shared the following statement with Recycling Today Media Group regarding the DEQ’s assessment of the plan:

“DEQ’s response was an expected step in the Oregon program plan approval process. Due to the potential need for coordination among multiple prospective producer responsibility organizations earlier this year, CAA could only begin outreach to gather more information on system costs after the initial program plan was submitted in March 2024. CAA launched the Oregon System Optimization Project (ORSOP) in May and will extend this project through the fall to ensure we have the information required for the submission of the final program plan.

“CAA is encouraged by DEQ’s conditional approval of several sections of the program plan and has already begun revisions to address the feedback provided by DEQ on the remaining sections. CAA will submit a revised program plan in September and a final program plan in December, subject to final approval from DEQ. CAA is confident that the outstanding items will be addressed through the ORSOP process as we complete our work with service providers and local governments to collect system cost data that will inform the development of the recycling system expansion funding strategy, transportation reimbursement models and the PRO collection strategy across the state.”

The overarching goals for the program plan were among the sections the DEQ did not approve. The DEQ calls for CAA “to strengthen and tighten the goals section and to articulate a long-term vision with concrete milestones” by reviewing all key metrics and assigning specific benchmarks to be achieved in the first program plan.

The agency also did not approve CAA’s proposed approach to prioritize, schedule and fund eligible costs from the needs assessment pertaining to system expansions and improvements, nor methods for calculating and reimbursing transportation costs and approaches to additional reimbursement and funding for local governments.

The DEQ says that while it understands CAA’s proposal to fulfill the convenience standard is not yet fully developed as it waits to hear from existing depots and other potential collaborators, the agency “is concerned with the current proposal’s general directionality—i.e. CAA is pursuing approaches that may be insufficient to meet the convenience standards.”

Additionally, the DEQ questioned the plan’s ability to achieve statewide plastic recycling goals.

The DEQ’s full critique of the plan is available here.