EPR Fee Rates by State — 2025-2026 Comparison

EPR packaging fees range from $0.01 per pound for corrugated cardboard to $0.45 per pound for non-recyclable multi-layer plastic, depending on the state. Three states — Oregon, Colorado, and California — have published or estimated rates. Four more have enacted laws but haven't set fees yet. Three additional states have bills in progress. This guide compares every active rate, explains why fees differ across states, and shows how eco-modulation credits can reduce what you owe.

EPR packaging fees at a glance — all 7 active states

Three states have fee schedules. Four have laws but no fees yet. Here's the full comparison:

Key difference: California's threshold uses in-state sales (not global revenue), and it's the lowest at $1M. Oregon's uses global aggregated revenue at $5M. Always check the specific test for each state.

Per-pound fee rates — detailed comparison

All three states with fee data use a per-pound model tiered by material recyclability.

Recyclable plastic (PET, HDPE, PP)

Non-recyclable plastic (PS, PVC, multi-layer)

Paper/Fiber

Glass

Aluminum

Steel

California rates shown above are illustrative estimates published by the Circular Action Alliance (CAA) and are not binding. Oregon and Colorado rates are published but subject to annual program adjustments. Verify current rates at the CAA Producer Resource Center before making financial decisions.

Which states have the highest and lowest EPR fees

Highest fees: California

California's estimated rates top every material category. For non-recyclable plastic, the upper range hits $1.48/lb — higher than Oregon ($1.38/lb) and Colorado ($1.72/lb).

Why California costs more:

• Largest consumer market. More packaging volume means higher infrastructure costs for collection and processing.
• Prop 65 malus (anticipated). California's SB 54 is expected to include a surcharge for Proposition 65 chemicals in packaging — specific percentages have not yet been published by CAA (expected Oct 2026).
• SB 54 source reduction mandates. Requires 10% plastic reduction by 2027, 20% by 2030, and 25% by 2032 (at least 10% from reuse/refill or elimination). These targets push costs higher.
• No B2B exemption. Commercial transport packaging is covered, broadening the fee base.

Lowest fees: Oregon

Oregon's rates are consistently the lowest across all material categories. Three reasons:

• Mature recycling infrastructure. Oregon already had higher baseline recycling rates before EPR, reducing the marginal cost of compliance.
• Higher exemption threshold. At $5M global revenue, more small brands are exempt, spreading costs across fewer (but typically larger) producers.
• Smaller market. Lower overall volume means lower program costs.

Colorado in the middle

Colorado's rates fall between Oregon and California for most materials. The program covers consumer-facing packaging plus printed paper, but exempts B2B commercial transport — a structural difference from California and Oregon.

States with no fees yet

Minnesota, Maryland, Washington, and Maine have all enacted laws but haven't set fee schedules yet. Based on the patterns in OR, CO, and CA, expect:

• Per-pound tiered structures similar to the existing three states (all administered by CAA)
• Recyclable/non-recyclable splits with 3–10x differentials
• Eco-modulation credits and maluses
• Rates likely in the $0.01–$0.40/lb range, depending on material category

Minnesota is expected to publish its fee schedule by October 2028, with fees beginning January 2029. Maryland and Washington will follow similar timelines per their statutes.

Effective dates and fee schedule timelines

Even in states where fees haven't started, registration deadlines are already active or imminent. Missing a registration deadline can trigger penalties regardless of fee status. Check your registration deadlines →

Upcoming state programs — Illinois, New Jersey, New York

Three more states have EPR packaging bills in progress. None have become law yet. All have significant legislative momentum.

Illinois (HB 3386)

• Status: Bill introduced; 2025–2026 legislative session
• Likely threshold: ~$5M global revenue (modeled on Oregon/Washington)
• Expected scope: Single-use packaging, plastic food service ware, B2B + B2C shipping
• Timeline: If passed in 2026, earliest implementation would be 2028–2029
• Why it matters: Illinois is the 6th largest state by GDP. If enacted, it becomes the second-most-impactful EPR market after California.

New Jersey (S3398)

• Status: Bill in committee
• Likely threshold: ~$5M global revenue
• Expected scope: Packaging, plastic containers, food service ware
• Timeline: Legislative session target end of 2026; earliest implementation 2028
• Why it matters: Dense consumer market on the east coast. Would overlap with Maryland for many brands.

New York (S/A 2026)

• Status: Packaging Reduction and Recycling Infrastructure Act in committee
• Likely threshold: ~$5M global revenue
• Expected scope: Consumer packaging, plastic containers, e-commerce packaging
• Timeline: Legislative session ends June 2026; earliest implementation 2028
• Why it matters: If enacted, New York becomes the third-largest EPR market. Combined with California, it would cover roughly 20% of US consumers.

These programs won't have fee schedules for 2–3 years after enactment. But brands selling into IL, NJ, and NY should start collecting packaging weight data now. Retroactive data collection is far harder than building the process early.

Every active EPR state builds eco-modulation into its fee structure — non-recyclable materials cost 2–5× more per pound than recyclable ones. Switching from non-recyclable to recyclable rigid plastic saves 55–81% depending on the state. Colorado adds a Detriments +5% malus and High Recycling Rate Bonus −5% on top of base rates. Oregon has no defined fee adjustments — reductions are factored into fees based on environmental performance (PCR, reuse, lower-impact materials). SIM = 0.0 ¢/lb for 2026. California has not yet published eco-modulation factors (expected Oct 2026). For per-state breakdowns with worked examples, see our guide on how to reduce EPR fees with eco-modulation.

Material category deep dive — where the money goes

The fee gap between recyclable and non-recyclable materials is the single biggest cost driver. Here's what that means in practice.

Non-recyclable plastic costs 3–10x more than recyclable

In California, non-recyclable plastic (PS, PVC, multi-layer) costs $0.17–$1.48/lb versus $0.11–$0.40/lb for readily recyclable plastic (PET, HDPE, PP). A brand that switches a 10,000 lb packaging portfolio from multi-layer pouches to mono-material PET can save $3,800–$7,300 per year in California alone.

Paper is the cheapest material

Corrugated and paperboard consistently have the lowest rates across all three states — $0.01–$0.07 per pound. If your product can ship in cardboard instead of plastic clamshells, the EPR savings alone may justify the material change.

Multi-material packaging gets penalized twice

Multi-material packaging (e.g., foil-laminate pouches) is classified as non-recyclable and pays the highest rate category — 2–5× more per pound than recyclable alternatives. In Colorado, it may also get hit with a +5% Detriments malus. This makes multi-materials the most expensive category in every state.

More questions? See our EPR FAQ for answers about exemptions, deadlines, PRO registration, and more.