340-090-0005
Purpose

OAR 340-090-0005 to 0510 establish the minimum requirements for providing the opportunity to recycle. These rules also describe the standards for waste prevention, reuse, recovery, and recycling programs in Oregon. The rules are adopted under the authority of ORS 459.045, 459A.025 and 468.020. These rules relate to the requirements of ORS 459.015, 459.250, 468.862 and Chapter 459A.

Statutory/Other Authority: ORS 459A.025, 459.045 & 468.020
Statutes/Other Implemented: ORS 459A.005, 459A.010, 459A.025 & 459A.575
History:
DEQ 18-2023, amend filed 11/17/2023, effective 11/17/2023
DEQ 3-2017, f. & cert. ef. 1-19-17
DEQ 31-1992, f. & cert. ef. 12-18-92, Renumbered from 340-060-0005
DEQ 26-1984, f. & cert. ef. 12-26-84

340-090-0010
Definitions

The definitions in this rule apply to OAR 340-090-0005 to 0510, and OAR Chapter 340 Division 91. Unless otherwise specified:

(1) "Affected person" means a person or entity involved in the solid waste collection service process including but not limited to a recycling collection service, disposal site permittee or owner, city, county and metropolitan service district. For the purposes of these rules "affected person" also means a person involved in operation of a place to which persons not residing on or occupying the property may deliver source separated recyclable material.

(2) "Collection service" means a service that provides for collection of solid waste or recyclable material or both, but does not include that part of a business operated under a certificate issued under ORS 822.110. "Collection service" of recyclable materials does not include a place to which persons not residing on or occupying the property may deliver source separated recyclable material.

(3) “Collection service customers” includes: residential and commercial customers of a collection service as defined in ORS 459.005, and also, as of July 1, 2026, the multi-family residential and commercial tenants of landlords or property managers that are customers of a collection service for the benefit of their tenants.

(4) "Collector" means the person who provides collection service.

(5) "Commercial" means stores, offices including but not limited to manufacturing and industry offices, restaurants, warehouses, schools, colleges, universities, hospitals, prisons, and other institutions and non-manufacturing entities. “Commercial” does not include manufacturing activities or business, manufacturing, or processing activities in residential dwellings.

(6) “Commingled materials” means materials that:

(a) Are collected as part of the rules under 459A.005 and 459A.007 and from receptacles located at residential and/or non-residential sources (generators) that are designated and promoted for the acceptance of commingled materials including at least the materials described in the Recycling Acceptance Lists rules found in either:

(i) OAR 340-090-0630(2)(a) through (c) and (e) through (i), or

(ii) OAR 340-090-0630(2)(j) through (l); or

(b) Contain at least two or more of the materials on the Uniform Statewide Collection List that are mixed together; and

(c) Are intended to be properly processed by a commingled recycling processing facility that meets the requirements contained in ORS 459A.905(2)(a).

(7) "Composting" means the managed process of controlled biological decomposition of organic or mixed solid waste. It does not include composting for the purposes of soil remediation. Compost is the product resulting from the composting process. “Composting” includes both aerobic composting and anaerobic digestion.

(8) "Consumer of newsprint" means a person who uses newsprint in a commercial or government printing or publishing operation.

(9) “DEQ” means the Department of Environmental Quality.

(10) "Depot" means a place for receiving source separated recyclable material.

(11) "Director" means the Director of the Department of Environmental Quality.

(12) "Disposal site" means land and facilities used for the disposal, handling or transfer of or energy recovery, material recovery, and recycling from solid wastes, including but not limited to dumps, landfills, sludge lagoons, sludge treatment facilities, disposal sites for septic tank pumping or cesspool cleaning service, transfer stations, energy recovery facilities, incinerators for solid waste delivered by the public or by a collection service, composting plants and land and facilities previously used for solid waste disposal at a land disposal site ; but the term does not include a facility authorized by a permit issued under ORS 466.005 to 466.385 to store, treat or dispose of both a hazardous waste and solid waste; a facility subject to the permit requirements of ORS 468B.050; a site which is used by the owner or person in control of the premises to dispose of soil, rock, concrete or other similar nondecomposable material, unless the site is used by the public either directly or through a collection service; or a site operated by a wrecker issued a certificate under ORS 822.110.

(13) “Energy intensive materials” means metals, paper, plastic, and food, including products that are primarily made of metals, paper, or plastic, such as some furniture, small and large appliances, and consumer electronics.

(14) "Energy recovery" means recovery in which all or a part of the solid waste materials are processed to use the heat content, or other forms of energy, of or from the material.

(15) "EQC" means the Environmental Quality Commission.

(16) “Food rescue” means the practice of safely retrieving wholesome food still fit for human consumption that would otherwise be left unharvested or go to animal feed or a composting facility, anaerobic digestion facility, energy recovery facility, or other disposal site and redistributing that food through a food assistance program.

(17) “Food waste” means waste from fruits, vegetables, meats, dairy products, fish, shellfish, nuts, seeds, grains, and similar materials that results from the storage, preparation, cooking, handling, selling or serving of food for human consumption. “Food waste” includes but is not limited to excess, spoiled or unusable food and includes inedible parts commonly associated with food preparation such as pits, shells, bones, and peels. “Food waste” does not include dead animals not intended for human consumption or animal excrement.

(18) "Franchise" includes a franchise, certificate, contract or license issued by a local government unit authorizing a person to provide solid waste management services.

(19) "Generator" means a person who last uses a material and makes it available for disposal or recycling.

(20) "Glass container manufacturer" means a person that manufactures new glass containers in Oregon or that manufactures new glass containers outside Oregon sold by the manufacturer to packagers located in Oregon.

(21) "Industrial waste" means solid waste generated by manufacturing or industrial processes that is not a hazardous waste regulated under ORS Chapters 465 and 466. Such waste may include, but is not limited to, waste resulting from the following processes: Electric power generation; fertilizer/agricultural chemicals; food and related products/by-products; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing/foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay and concrete products; textile manufacturing; transportation equipment; water treatment; and timber products manufacturing. This term does not include construction/demolition waste; or municipal solid waste from manufacturing or industrial facilities such as office or "lunch room" waste, or packaging material for products delivered to the generator.

(22) “Infrastructure support” means in-kind contributions in support of reuse, repair, leasing or sharing of efforts to reduce waste, such as: local government staff time; franchisee staff time; space at facilities owned, permitted, or franchised by a local government; space for meetings, storage, or display of materials; equipment; access to land; and access to vehicles.

(23) "Land disposal site" means a disposal site in which the method of disposing of solid waste is by landfill, dump, pit, pond, lagoon or land application.

(24) “Local government” means a political subdivision that regulates either solid waste collection, disposal, or both, including but not limited to incorporated cities, municipalities, townships, counties, parishes, regional associations of cities and counties, tribal reservations, and metropolitan service districts, but not including sewer districts, fire districts, or other political subdivisions that do not regulate solid waste.

(25) "Local government unit" means the territory of a political subdivision that regulates either solid waste collection, disposal, or both, including but not limited to incorporated cities, municipalities, townships, counties, parishes, regional associations of cities and counties, tribal reservations, and metropolitan service districts, but not including sewer districts, fire districts, or other political subdivisions that do not regulate solid waste. If a county regulates solid waste collection within unincorporated areas of the county but not within one or more incorporated cities or municipalities, then the county local government unit must be considered as only those areas where the county directly regulates solid waste collection.

(26) "Material recovery" means any process of obtaining from solid waste, by presegregation or otherwise, materials that still have useful physical or chemical properties and can be reused, recycled or composted for some purpose.

(27) "Metropolitan service district" means a district organized under ORS Chapter 268 and exercising solid waste authority granted to such district under ORS Chapters 268, 459, and 459A.

(28) "Multi-family" means dwellings of five or more units.

(29) "Newsprint" means paper meeting the specifications for Standard Newsprint Paper and Roto Newsprint Paper as set forth in the 2023 HTSA Supplement edition of the Harmonized Tariff Schedule of the United States for such products. (See Figure 1.)

(30) "On-route collection" means pick up of source separated recyclable material from the generator at the place of generation.

(31) "On-site collection" has the same meaning as on-route collection.

(32) "Opportunity to recycle" means those activities described in OAR 340-090-0020, 340-090-0030, 340-090-0040, 340-090-0041, 340-090-0042, 340-090-0050 and 340-090-0080.

(33) "Permit" means a document issued by DEQ bearing the signature of the director or the director’s authorized representative and that by its conditions may authorize the permittee to construct, install, modify, operate or close a disposal site in accordance with specified limitations.

(34) "Person" means the United States, the state or a public or private corporation, local government unit, public agency, individual, partnership, association, firm, trust, estate or other legal entity.

(35) "Post-consumer waste" means a finished material that would normally be disposed of as solid waste, having completed its life cycle as a consumer item. Post-consumer waste does not include manufacturing waste.

(36) "Recyclable material" means any material identified for recycling collection under ORS 459A.914 or any other material or group of materials that can be collected and sold for recycling at a net cost equal to or less than the cost of collection and disposal of the same material.

(37) "Recycled-content newsprint" means newsprint that includes post-consumer waste paper.

(38) "Recycling" means any process by which solid waste materials are transformed into new products in such a manner that the original products may lose their identity.

(39) "Residential" means single family dwellings and multi-family dwellings having four or fewer units.

(40) "Reuse" means the return of a commodity into the economic stream for use in the same kind of application as before without change in its identity.

(41) "Solid waste" means all useless or discarded putrescible and nonputrescible materials, including but not limited to garbage, rubbish, refuse, ashes, paper and cardboard, sewage sludge, septic tank and cesspool pumpings or other sludge, useless or discarded commercial, industrial, demolition and construction materials; discarded or abandoned vehicles or parts thereof; discarded home and industrial appliances; manure, vegetable or animal solid and semisolid materials, dead animals and infectious waste as defined in ORS 459.386. "Solid waste" does not include:

(a) Hazardous wastes as defined in ORS 466.005;

(b) Materials used for fertilizer, soil conditioning, humus restoration, or for other productive purposes or which are salvageable for these purposes and are used on land in agricultural operations and growing or harvesting crops and raising fowls or animals, provided the materials are used at or below agronomic application rates, or

(c) Woody biomass that is combusted as a fuel by a facility that has obtained a permit described in ORS 468A.040.

(42) "Solid waste management" means: preventing or reducing solid waste; managing the storage, collection, transportation, treatment, utilization, processing and final disposal of solid waste, recycling, reuse and material or energy recovery from solid waste; and facilities necessary or convenient to such activities.

(43) "Source separate" means that the person who last uses recyclable material separates the recyclable material from other solid waste.

(44) “Technical assistance” means assistance in support of reuse, repair, leasing or sharing provided to businesses or non-profit staff or programs, such as: program design and implementation; publicizing and promoting opportunities through channels such as directories of reuse and repair operations; research to support technical assistance efforts; and expending funds to hire specialists or contractors who provide information and advice in topics such as business planning, operations, facility design, market research, and marketing.

(45) “Toxic materials” means products or other materials that contain chemicals or groups of chemicals on DEQ’s Toxics Focus List or that DEQ otherwise designates as “toxic.”

(46) "Urbanized area" means, for jurisdictions within the State of Oregon, the territory within the urban growth boundary of each city of 4,000 or more population, or within the urban growth boundary established by a metropolitan service district. For jurisdictions outside the State of Oregon, "urbanized area" means a geographic area with substantially the same character, with respect to minimum population density and commercial and industrial density, as urbanized areas within the State of Oregon.

(47) "Waste prevention" means reducing the amount of solid waste generated or resources used, without increasing toxicity, in the design, manufacture, purchase or use of products or packaging. "Waste prevention" does not include reuse, recycling or composting.

(48) “Waste prevention campaign” means an organized effort intended to change one or more specific behaviors or practices that reduces the amount of solid waste generated or resource used without increasing toxicity in the design, manufacture, purchase, or use of products or packaging. A food rescue program is not a waste prevention campaign for the purpose of complying with sections OAR 340-090-0042(3) or (4).

(49) "Wasteshed" means the areas of the state of Oregon as defined in ORS 459.005 and listed in ORS 459A.010 and OAR 340-090-0050.

(50) "Yard debris" means vegetative and woody material generated from residential property or from commercial landscaping activities. This includes grass clippings, leaves, hedge trimmings and similar vegetative waste but does not include stumps or similar bulky wood materials.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

Statutory/Other Authority: ORS 459.045, 459A.100 - 459A.120 & 468.020
Statutes/Other Implemented: ORS 459A.005 & 459A
History:
DEQ 20-2024, amend filed 11/24/2024, effective 11/24/2024
DEQ 18-2023, amend filed 11/17/2023, effective 11/17/2023
DEQ 48-2017, minor correction filed 12/14/2017, effective 12/14/2017
DEQ 3-2017, f. & cert. ef. 1-19-17
DEQ 27-1998, f. & cert. ef. 11-13-98
DEQ 10-1994, f. & cert. ef. 5-4-94
DEQ 31-1992, f. & cert. ef. 12-18-92, Renumbered from 340-060-0010
DEQ 1-1989, f. & cert. ef. 1-27-89
DEQ 5-1988, f. & cert. ef. 2-2-88
DEQ 7-1987, f. & cert. ef. 3-18-87
DEQ 26-1984, f. & cert. ef. 12-26-84

340-090-0015
Scope and Applicability

(1) OAR 340-090-0005 to 0510 describes the requirements for waste reduction and recycling programs for residential and commercial solid wastes.

(2) The requirements in OAR 340-090-0005 to 0510 apply to local governments generally and where specified to landfill owners/operators, solid waste collection services, and other persons.

(3) OAR chapter 340, division 90 is adopted under the authorities in ORS Chapter 459 and 459A and should be used in conjunction with the laws of the State of Oregon.

Statutory/Other Authority: ORS 459A.025, 459.045 & 468.020
Statutes/Other Implemented: ORS 459A.005, 459A.010, 459A.020, 459A.025, 459A.030, 459A.035, 459A.040, 459A.050, 459A.055, 459A.060, 459A.065, 459A.070, 459A.075, 459A.080, 459A.085, 459A.100, 459A.110, 459A.115 & 459A.120
History:
DEQ 18-2023, amend filed 11/17/2023, effective 11/17/2023
DEQ 3-2017, f. & cert. ef. 1-19-17
DEQ 31-1992, f. & cert. ef. 12-18-92 (and corrected 1-5-93)

340-090-0020
Opportunity to Recycle

The opportunity to recycle as set forth in ORS 459A.005, 459A.007, 459A.008 and 459A.010, includes at a minimum the requirements described in OAR 340-090-0030, 340-090-0040, 340-090-0042, and 340-090-0050. The appropriate city, county, or metropolitan service district, may request approval of an alternative program for meeting the requirements of the opportunity to recycle under OAR 340-090-0080.

Statutory/Other Authority: ORS 459A.025, 459.045 & 468.020
Statutes/Other Implemented: ORS 459A.005
History:
DEQ 18-2023, amend filed 11/17/2023, effective 11/17/2023
DEQ 3-2017, f. & cert. ef. 1-19-17
DEQ 31-1992, f. & cert. ef. 12-18-92, Renumbered from 340-060-0020
DEQ 26-1984, f. & cert. ef. 12-26-84

340-090-0030
General Requirements

(1) The city, county, or metropolitan service district responsible for solid waste management must ensure that a place for collecting source separated recyclable materials identified in OAR 340-090-0630(4)(a) is located at each permitted disposal site or located at an alternative location in the jurisdiction that is more convenient to the population being served by the disposal site.

(2) Effective July 1, 2025 to January 1, 2027, a city, county or metropolitan service district, a local government’s service provider or a commingled recycling reload facility may not deliver to a commingled recycling processing facility commingled recyclables that were collected pursuant to the uniform statewide collection list established under ORS 459A.914 unless:

(a) At the time the city, county or metropolitan service district, the local government’s service provider or the comingled recycling reload facility delivered or contracted to deliver or transport materials to the commingled recycling facility:

(A) the commingled recycling facility held a valid permit issued under ORS 459A.955; or

(B) For a commingled recycling facility located outside of this state:

(i) The facility held a valid certificate issued under ORS 459A.956; or

(ii) The facility certified that it otherwise met the requirements of ORS 459A.955 or 459A.956, even though the facility did not hold a permit or certificate.

(b) Within six months after the DEQ completes a report under ORS 459A.932, the commingled recycling processing facility has taken steps to implement any recommendations of the report related to providing opportunities in the recycling industry for women and minority individuals as defined in ORS 200.005.

(3) Effective January 1, 2027, a city, county or metropolitan service district, a local government’s service provider or a commingled recycling reload facility may not deliver to a commingled recycling processing facility commingled recyclables that were collected pursuant to the uniform statewide collection list established under ORS 459A.914 unless:

(a) At the time the city, county or metropolitan service district, a local government’s service provider or the comingled recycling reload facility delivered or contracted to deliver or transport materials to the commingled recycling facility:

(A) the commingled recycling facility held a valid permit issued under ORS 459A.955; or

(B) For a commingled recycling facility located outside of this state:

(i) The facility held a valid certificate issued under ORS 459A.956; or

(ii) The facility certified that it otherwise met the requirements of ORS 459A.955 or 459A.956, even though the facility did not hold a permit or certificate.

(b) The processor ensures the health, safety and wellness of workers at the facility regardless of whether the workers are employees, independent contractors or employees of another business.

(c) The processor provides workers at the facility with a living wage and supportive benefits, as defined by the rule by the Environmental Quality Commission.

(d) Within six months after the DEQ completes a report under ORS 459A.932, the commingled recycling processing facility has taken steps to implement the recommendations of the report related to providing opportunities in the recycling industry for women and minority individuals as defined in ORS 200.005.

(4) Effective January 1, 2026 a city, county, or metropolitan service district shall ensure that rollcarts, bins and containers purchased by its service providers are manufactured from at least 10 percent post-consumer recycled material and are certified by an independent verification standard, such as the Postconsumer Resin Certification Program established by the Association of Plastics Recyclers.

(5) Effective July 1, 2025, except as provided by ORS 459A.914(6) or OAR 340-090-0630(7), a material may not be collected as part of a commingled recycling program unless the material is identified for collection as part of a commingled recycling program on the uniform statewide collection list.

(6) For purposes of sections (2) through (5) of this rule the terms “commingled recycling,” “commingled recycling processing facility,” “local government’s service provider,” and “recycling reload facility” have the meaning provided by ORS 459A.863.

(7) Each city that is within a metropolitan service district or with a population of at least 4,000 and each county that is responsible for the area between city limits and the urban growth boundary of the city or the area outside the city limits but within a metropolitan service district shall:

(a) Provide on-route collection service for source separated recyclable materials identified in OAR 340-090-0630(4)(b) at least once a month for all collection service customers within the city limits and within the urban growth boundary or metropolitan service district but outside of the city limits.

(b) To comply with the requirements of ORS 459A.911 to ensure adequate space for the recycling collection of materials identified on the uniform statewide collection list at multifamily properties, submit an implementation plan to DEQ by November 1, 2027 in a manner and form prescribed by DEQ, report on activities undertaken to execute the implementation plan in the periodic report submitted according to the requirements of OAR 340-090-0100, and initiate plan implementation no later than July 1, 2028. The implementation plan shall describe how the city, county, or metropolitan service district will:

(A) Ensure adequate space for collection and access for collection vehicles after new construction or significant remodels.

(B) Ensure adequate space for collection in existing buildings.

(C) Update or establish service standards for service providers to provide adequate service volume or collection frequency, or a combination of both.

(D) Ensure that container placement is accessible to residents, including children and individuals who use a wheelchair, while giving consideration to resident and user safety considerations.

(c) To the extent that funding is provided under ORS 459A.890(4), establish and implement, or cause to be established and implemented, a program to reduce contamination that:

(A) Includes one or more local recycling contamination reduction goals that are consistent with the statewide goals established by the DEQ pursuant to ORS 495A.929(1)(a).

(B) Causes collected source separated recyclables to undergo periodic evaluation of collected material quality and contamination, in accordance with forms and procedures established by the Department of Environmental Quality under ORS 459A.959.

(C) Includes:

(i) At least one of each of the three types of contamination reduction program elements contained on the list established by the DEQ pursuant to ORS 459A.929(1)(c), or

(ii) Uses materials or methods that are at least as effective as materials or methods approved by DEQ pursuant to ORS 459A.929(1)(c).

(D) Includes, at least once every five years, a process for reviewing, and revising as appropriate, the local goals and local elements established under this subsection.

(8) The city or county responsible for solid waste management must carry out a public education and promotion program that meets the following minimum requirements:

(a) An initial written or more effective notice or combination of both that is reasonably designed to reach each residential and commercial generator of recyclable materials, and that clearly explains why people should recycle, the recycling opportunities available to the recipient, the materials that can be recycled and the proper preparation of those materials for recycling. The notice must include the following specific information:

(A) Reasons why people should recycle; and

(B) Name, address and telephone number of the person providing on-route collection where applicable; and

(C) Listing of depots for recyclable materials at all disposal sites serving the area and any alternative DEQ-approved more convenient locations, including the materials accepted and hours of operation; or

(D) Instead of paragraphs (B) and (C) of this subsection a telephone number and a website address to find information about depot locations and collection service as appropriate.

(b) Existing residential and commercial collection service customers must be provided information, at least semi-annually, through a written or more effective notice or combination of both, listing the materials collected, the schedule for collection, proper method of preparing materials for collection and an explanation of the reasons why source separation of materials for recycling is necessary;

(c) Written information to be distributed to disposal site users at all disposal sites or, alternatively, more convenient locations with attendants and where it is otherwise practical. The written information must include the following:

(A) Reasons why people should recycle; and

(B) List of materials that can be recycled; and

(C) Instruction for the proper preparation of recyclable materials.

(d) At sites without attendants, a sign indicating availability of recycling at the site or at the more convenient location must be prominently displayed that indicates materials accepted and hours of operation;

(e) Identify and establish a procedure for resident involvement for the development and implementation of an education and promotion program;

(f) Notification and education materials provided to local media and other groups that maintain regular contact with commercial and residential generators and the public in general, including local newspapers, trade publications, local television and radio stations, community groups, and neighborhood associations;

(g) A person identified as the education and promotion representative for the appropriate jurisdiction to be the official contact to work with the other affected persons in matters relating to education and promotion for recycling.

(h) A local government that provides the opportunity to recycle or the local government’s service provider shall utilize and distribute educational resources developed under ORS 459A.893(1). A local government or the local government’s service provider may incorporate the educational resources developed under this section into an existing education program developed to satisfy the requirements of ORS 459A.007 and 459A.008.

Statutory/Other Authority: ORS 459.045, 459A.100 - 459A.120 & 468.020
Statutes/Other Implemented: ORS 459A.005, 459A.010, 459A.007, 459A.896, 459A.905, 459A.908, 459A.911, 459A.914 & 459A.929
History:
DEQ 22-2024, minor correction filed 12/05/2024, effective 12/05/2024
DEQ 20-2024, amend filed 11/24/2024, effective 11/24/2024
DEQ 22-2023, minor correction filed 11/21/2023, effective 11/21/2023
DEQ 18-2023, amend filed 11/17/2023, effective 11/17/2023
DEQ 10-2017, minor correction filed 10/27/2017, effective 10/27/2017
DEQ 3-2017, f. & cert. ef. 1-19-17
DEQ 10-1994, f. & cert. ef. 5-4-94
DEQ 31-1992, f. & cert. ef. 12-18-92, Renumbered from 340-060-0020 & 340-060-0040
DEQ 26-1984, f. & cert. ef. 12-26-84

340-090-0040
Local Government Recycling Program Elements

(1) In addition to the minimum requirements in OAR 340-090-0030 and 340-090-0042, each city with a population of 4,000 or more and any county responsible for the area between the city limits and the urban growth boundary of that city, or the area outside the city limits but within a metropolitan service district, must implement recycling program elements from section (3) of this rule based on the following requirements:

(a) For cities within a metropolitan service district:

(A) The three recycling program elements set forth under subsections (3)(a), (b) and (c) of this rule and at least four additional elements set forth under section (3) of this rule;

(B) At least eight recycling program elements set forth under section (3) of this rule; or

(C) An alternative program approved by DEQ that meets the requirements of OAR 340-090-0080.

(b) For cities with a population of at least 4,000 but not more than 10,000 that are located 120 miles or less from the City of Portland:

(A) At least four recycling program elements set forth under section (3) of this rule; or

(B) An alternative program approved by DEQ that meets the requirements of OAR 340-090-0080.

(c) For cities with a population of at least 4,000 but not more than 10,000 that are more than 120 miles from the City of Portland:

(A) At least three recycling program elements set forth under section (3) of this rule; or

(B) An alternative program approved by DEQ that meets the requirements of OAR 340-090-0080.

(d) For cities with a population of more than 10,000 but not more than 50,000 that are located 150 miles or less from the City of Portland:

(A) The three recycling program elements set forth under subsections (3)(a), (b) and (c) of this rule and at least two additional elements set forth under section (3) of this rule;

(B) At least six recycling program elements set forth under section (3) of this rule; or

(C) An alternative program approved by DEQ that meets the requirements of OAR 340-090-0080.

(e) For cities with a population of more than 10,000 that are located more than 150 miles from the City of Portland:

(A) The three recycling program elements set forth under subsections (3)(a), (b) and (c) of this rule and at least one additional element set forth under section (3) of this rule;

(B) At least five recycling program elements set forth under section (3) of this rule; or

(C) An alternative program approved by DEQ that meets the requirements of OAR 340-090-0080.

(f) For cities with a population of more than 50,000 that are located 150 miles or less from the City of Portland:

(A) The three recycling program elements set forth under subsections (3)(a), (b) and (c) of this rule and at least three additional recycling program elements set forth under section (3) of this rule;

(B) At least seven recycling program elements set forth under section (3) of this rule; or

(C) An alternative program approved by DEQ that meets the requirements of OAR 340-090-0080.

(g) A local government that is not subject to ORS 459.007(6) or (7) or OAR 340-090-0042 may substitute for one recycling program element set forth under section (3) of this rule:

(A) The waste prevention and reuse program element set forth under OAR 340-090-0042(2); and

(B) At least two additional waste prevention and reuse program elements set forth under OAR 340-090-0042.

(2) For determining a city’s distance in miles from the City of Portland under section (1) of this rule, DEQ must use the current mileage table or comparable current mileage statistics from the Oregon Department of Transportation.

(3) Program elements:

(a) Deliver to each residential collection service customer at least one durable recycling container. For purposes of this program element, a durable container must be a rigid box or bucket with a volume of at least 12 gallons made of material that holds up under all weather conditions for at least five years and that the resident and the collector can easily handle;

(b) Provide on-route collection at least once each week of source separated recyclable materials designated by OAR 340-090-0630(4)(b) to residential collection service customers provided on the same day that solid waste is collected from each customer;

(c) Provide a recycling education and promotion program that is expanded from the minimum requirements described in OAR 340-090-0030(8), and supports the management of solid waste in the following priority order: first preventing the generation of waste, then reusing materials, then recycling materials, then composting materials, then recovering energy, and finally safely disposing of solid waste that cannot be prevented, reused, recycled, composted or used for energy recovery.

(A) Each local government’s expanded program must satisfy the applicable requirements of ORS 459A.008 and OAR 340-090-0041 and:

(i) Must inform all solid waste generators of how to prevent waste and how to reuse, recycle and compost material;

(ii) Must inform all solid waste generators of the manner and benefits of preventing waste and how to reuse, recycle, and compost materials;

(iii) Must promote the use of recycling services;

(iv) Must determine the levels of contamination of materials set out for collection and take action to reduce contamination in collected recyclables; and

(v) Must target educational and promotional materials provided to commercial customers to meet the needs of various types of businesses and should include reasons to recycle, including economic benefits, common barriers to recycling and solutions, additional resources for commercial generators of solid waste, and other information designed to assist and encourage recycling efforts. These materials must encourage each commercial generator of solid waste to strive to achieve 55 percent recovery from its solid waste stream by the year 2025.

(B) The expanded program must be provided in one of the two following ways:

(i) A "Specified Action" program, which must include at a minimum the following elements:

(I) All new residential and commercial collection service customers must each receive a packet of educational materials that contain information listing the materials collected, the schedule for collection, proper method of preparing materials for collection and an explanation of the reasons why customers should source separate materials for recycling;

(II) Existing residential and commercial collection service customers must be provided information identified in OAR 340-090-0040(3)(c)(B)(i)(I) at least four times a calendar year through a written notice or effective alternative to reach various solid waste generators, or combination of both;

(III) At least annually information regarding the benefits of recycling and the type and amount of materials recycled during the past year must be provided directly to the collection service customer in written form and must include additional information including the procedure for preparing materials for collection;

(IV) Targeting of at least one community or media event per year to promote waste prevention, reuse, recycling and composting, although not every media event needs to promote all of those activities;

(V) Utilizing a variety of materials and media formats to disseminate the information in the expanded program in order to reach the maximum number of collection service customers and residential and commercial generators of solid waste; and

(VI) Development and implementation of a contamination reduction education plan that satisfies the requirements of OAR 340-090-0041.

(ii) Development and implementation of an "Expanded Education and Promotion Plan." The Plan must:

(I) Include actions to effectively reach solid waste generators and all new and existing collection service customers;

(II) Include such actions as necessary to fulfill the intent of this subsection;

(III) Include a timetable for implementation, and the local government must implement that timetable;

(IV) Be submitted to DEQ by February 28 of the first year that the Plan is to be in effect or within 30 days of the beginning of the local government's fiscal year in which the Plan is first put into effect.

(d) Establish and implement a recycling collection program through local ordinance, contract or any other means enforceable by the appropriate city or county for each multi-family dwelling complex having five or more units. The collection program must meet the following requirements:

(A) Collect recyclable materials identified by OAR 340-090-0630(4)(b);

(B) Provide educational and promotional information directed toward the residents of multi-family dwelling units periodically as necessary to be effective in reaching new residents and reminding existing residents of the opportunity to recycle including the types of materials to be recycled and the method for properly preparing those materials.

(e) Establish and implement an effective residential yard debris program to collect and compost residential yard debris. The program must include the following elements:

(A) Promotion of home composting of yard debris through written material or some other effective media form that is directed at the residential generator of yard debris; and either

(B) At least monthly on-route collection of yard debris from residences for production of compost or other marketable products; or

(C) A system of residential yard debris collection depots, for producing compost or other marketable products, located such that there is at least one conveniently located depot, open to the public at least once a week, for every 25,000 population.

(f) Taking into account material generation rates, establish and implement regular, on-site collection of source separated recyclable materials designated by OAR 340-090-0630(4)(b) from commercial generators, taking into consideration how the generator could achieve 55 percent recovery from its solid waste stream by the year 2025. This program element does not apply to manufacturing, business or processing activities in residential dwellings or to the generation of industrial solid waste. At a minimum the commercial recycling program:

(A) Must be provided to commercial entities that employ 10 or more persons and occupy 1,000 square feet or more in a single location;

(B) Must include an education and promotion program that:

(i) Uses materials and messages specifically designed for commercial generators of solid waste; and

(ii) Informs all commercial generators of solid waste of the benefits of recycling, the recycling opportunities available to them and how to recycle; and

(iii) If the local government is providing the expanded education and promotion program element, includes any additional requirements needed to meet OAR 340-090-0040(3)(c); and

(iv) Includes information on the benefits of waste prevention to commercial generators.

(C) Must be conducted to effectively promote the commercial recycling program to commercial generators of solid waste;

(D) Must encourage each commercial generator of solid waste to strive to achieve 55 percent recovery from its solid waste stream by the year 2025;

(E) Should provide other elements including but not limited to:

(i) Provision of waste assessments to businesses;

(ii) Provision of recycling receptacles to businesses at no or low cost;

(iii) Waste prevention and recycling recognition programs. Local governments are encouraged to involve local business organizations in publicly recognizing outstanding waste prevention and recycling efforts by commercial generators of solid waste. The recognition may include awards designed to provide additional incentives to increase waste prevention and recycling efforts.

(g) Establish depots for recycling collection of all materials identified in OAR 340-090-0630(4)(a), and where feasible, additional materials, except that used oil and scrap metal as described in OAR 340-090-0630(2)(m) and (n) need not be collected at the depot if another location within the local government unit will accept such materials for recycling. This program must provide at least one (1) recycling depot in addition to the depot(s), if any, required by OAR 340-090-0030(1). For any city with a population of 50,000 or more, the minimum number of additional depots must be equal to the city’s population, divided by 25,000, and rounded down to the nearest whole number. The expanded depot program must include promotion or education that maximizes the use of the expanded depot program. The depots must operate as follows:

(A) Have regular and convenient hours for residential generators of solid waste; and

(B) Be open on at least one weekend day each week; and

(C) Be established in location(s) that are convenient for residential generators of solid waste to use.

(h) Establish collection rates for residential solid waste from single-family residences and single residential units, in complexes of less than five units that encourage waste prevention, reuse and recycling. The rates must, at a minimum, include the following elements:

(A) At least one rate for a container that is 21 gallons or less in size and costs less than larger containers;

(B) Rates must be based on the average weight, as determined in paragraph (E) of this subsection, of solid waste disposed per container for various sizes of containers;

(C) Rates, as calculated on a per pound disposed basis, may not decrease per pound with the increasing size of the container or the number of containers;

(D) Rates per container service must be established such that each additional container beyond the first container for each residential unit must have a fee charged that is at least the same fee and no less than the first container; and

(E) Rates, calculated on a per pound disposed basis, the city or county develops through their own per pound average weights for various container sizes by sampling and calculating the average weights for a cross section of containers within their residential service area.

(i) An on-going system to collect food waste and, optionally, other compostable waste, from commercial and institutional entities that generate large amounts of such wastes, and compost it at facilities in compliance with DEQ composting facility rules and local government regulations:

(A) Before diverting edible (unwanted) foods to be composted, a local government should consider how to encourage making them available:

(i) Through food rescue;

(ii) Or if charity channels are not available, to farmers for animal feed.

(B) A commercial composting program must include the following elements:

(i) On-going promotion of the commercial compost program through written material or other effective formats directed to targeted commercial generators within the local government unit, such as grocery stores, restaurants, wholesale flower warehouses, hotels, businesses and institutions with food service;

(ii) To avoid problems relating to human health and the environment, periodic collection of food wastes and, optionally, other compostable wastes, is required from commercial generators on an appropriate schedule.

(C) Any composting facility to which collected compostable waste is taken must comply with DEQ composting facility rules;

(D) On-site commercial composting should be considered if the location is appropriate, space is available and the entity complies with DEQ composting facility rules and local government regulations.

(j) A commercial recycling program that requires commercial generators of solid waste that generate large amounts of recyclable materials to source separate recyclable materials.

(A) For subsection (3)(j) of this rule, “large amount commercial generator” means a commercial generator of solid waste that has a service level of four or more cubic yards of solid waste per week at a single site.

(B) A local government must require participation in its commercial recycling program by all large amount commercial generators except for generators exempted under paragraph (3)(j)(F) of this rule.

(C) The local government’s commercial recycling program must include requirements for large amount commercial generators to:

(i) Source-separate recyclable materials for reuse or recycling;

(ii) Self-haul or arrange for collection service of the source separated recyclable materials;

(iii) Provide recycling containers for internal areas where recyclable materials may be collected, stored, or both; and

(iv) Correctly label all interior and exterior containers and post signs where recyclable materials may be collected, stored, or both that identify the materials that the large amount commercial generator must source-separate for reuse or recycling and that provide recycling instructions.

(D) The local government must provide education and promotion that meets at least the minimum requirements described in OAR 340-090-0030(8) for all large amount commercial generators.

(E) To ensure compliance with the requirements in this subsection, the local government must establish a method for identification and monitoring of large amount commercial generators.

(i) If a large amount commercial generator is not in compliance with the requirements of this subsection, then the local government must, at a minimum, notify that large amount commercial generator that it is out of compliance.

(ii) For a noncomplying large amount commercial generator, the local government may also consider a penalty or fine structure that incorporates warning notices, civil injunctions, financial penalties, or criminal prosecutions.

(F) The local government may allow for limited exemptions from the requirements of this subsection for reasons that the local government deems appropriate, such as zoning requirements, lack of sufficient space to provide additional recycling containers, or non-generation of recyclable materials.

(G) The local government may consider certification requirements for self-haulers of source- separated recyclable materials. Those certification requirements may include, but are not limited to, requiring large amount commercial generators to maintain written records demonstrating that all self-hauling activities have been completed in compliance with the requirements of this subsection (3)(j).

(k) A program for monthly or more frequent on-route collection and composting for food waste and, optionally, other compostable waste from residential collection service customers.

(A) The local government must provide education or promotion that meets at least the minimum requirements described in OAR 340-090-0030(8) for all residential collection service customers.

(B) In addition to the requirements of subsection (3)(k)(A) of this rule, the local government’s education or promotion to all residential collection service customers must include:

(i) Types of food waste collected;

(ii) The schedule for collection;

(iii) Methods of preparing food waste for collection;

(iv) Explanations of why separating food waste for recovery is necessary; and

(v) Explanations of how to reduce contamination of the food waste recovery stream set out for collection.

(l) A recovery program for construction and demolition debris.

(A) As used in subsection (3)(I) of this rule, “construction and demolition debris” means waste resulting from the construction, renovation, repair, or demolition of buildings or other structures that contain recyclable material. “Construction and demolition debris” does not include putrescible wastes, hazardous waste, or asbestos.

(B) The recovery program for construction and demolition debris must:

(i) Require that construction and demolition debris be source separated at the site of generation or be sent to a material recovery facility for processing and recovery; and

(ii) Include an education or promotion program for developers, contractors, and residential owners that provides strategies:

(I) To reduce waste during preconstruction planning and in building construction, renovation and demolition phases; and

(II) To direct waste to reuse and material recovery facilities.

(C) Generators subject to this program include any person who:

(i) Generates and self-hauls a minimum of six cubic yards of construction and demolition debris at any time; or

(ii) Generates and arranges for collection service of a minimum of ten cubic yards of construction and demolition debris at any time.

(D) The local government must provide education or promotion that meets at least the minimum requirements described in OAR 340-090-0030(8) for all generators of construction and demolition debris that are subject to the recovery program for that debris.

(m) A food waste collection program requiring nonresidential generators that generate large amounts of food waste to source-separate the food waste for recovery.

(A) For subsection (3)(m) of this rule:

(i) “Nonresidential generator” means a commercial generator or other generator but not a residential or multi-family generator; and

(ii) “Large amount nonresidential generator” means a nonresidential generator that disposes of more than fifty tons of food waste annually.

(B) The local government must require participation in its food waste collection program by all large amount nonresidential generators except for generators exempted under paragraph (3)(m)(F) of this rule.

(C) The local government’s food waste collection program must include requirements for large amount nonresidential generators to:

(i) Cover, at a minimum, food waste that is not packaged and for which final disposal by the large amount nonresidential generator is controlled by the nonresidential generator’s employees or agents;

(ii) Source-separate food waste for donation or food waste collection;

(iii) Self-haul or arrange for collection service of the food waste;

(iv) Provide containers for internal areas where food waste may be collected, stored, or both; and

(v) Correctly label all interior and exterior containers and post signs and instructions where food waste is collected, stored, or both, that identifies the types of food waste the large amount nonresidential generator must source-separate for donation or food waste collection.

(D) The local government must provide education or promotion that meets at least the minimum requirements described in OAR 340-090-0030(8) for all large amount nonresidential generators.

(E) To ensure compliance with the requirements in this subsection, the local government must establish a method for identification and monitoring of large amount nonresidential generators.

(i) If a large amount nonresidential generator is not in compliance with the requirements of this subsection, then the local government must, at a minimum, notify that large amount nonresidential generator that it is out of compliance.

(ii) For a noncomplying large amount nonresidential generator, a local government may also consider a penalty or fine structure that incorporates warning notices, civil injunctions, financial penalties, or criminal prosecutions.

(F) The local government may allow for limited exemptions from the requirements of this subsection for reasons that the local government deems appropriate, such as zoning requirements or lack of sufficient space to provide additional food waste containers.

(G) The local government may consider certification requirements for self-haulers of food waste. Those certification requirements may include, but are not limited to, requiring large amount nonresidential generators of food waste to maintain written records demonstrating that all self-hauling activities have been completed in compliance with the requirements of this subsection (3)(m).

(4) In addition to the requirements in sections (1) and (2) of this rule, each city with a population of 4,000 or more and any county responsible for the area within a metropolitan service district or the area between the city limits and the urban growth boundary of that city in any of the following wastesheds must provide the opportunity to recycle rigid plastic containers if the conditions set forth in section (5) of this rule are met:

(a) Clackamas, Multnomah and Washington Counties, in aggregate, as a single wasteshed;

(b) Benton wasteshed;

(c) Clatsop wasteshed;

(d) Columbia wasteshed;

(e) Deschutes wasteshed;

(f) Douglas wasteshed;

(g) Hood River wasteshed;

(h) Jackson wasteshed;

(i) Josephine wasteshed;

(j) Lane wasteshed;

(k) Linn wasteshed;

(l) Marion wasteshed;

(m) Polk wasteshed;

(n) Wasco wasteshed; and

(o) Yamhill wasteshed.

(5) The opportunity to recycle rigid plastic containers is required within a wasteshed when a stable market price for rigid plastic containers, that equals or exceeds 75 percent of the necessary and reasonable collection costs for those containers, exists for such wasteshed.

Statutory/Other Authority: ORS 459.045, 459A.025, 459A.100 - 459A.120 & 468.020
Statutes/Other Implemented: ORS 459A.005, 459A.007, 459A.008, 459A.010 & 459A.665
History:
DEQ 11-2026, temporary amend filed 09/14/2026, effective 07/01/2027 through 12/27/2027
DEQ 18-2023, amend filed 11/17/2023, effective 11/17/2023
DEQ 76-2018, minor correction filed 04/09/2018, effective 04/09/2018
DEQ 3-2017, f. & cert. ef. 1-19-17
DEQ 8-2005, f. & cert. ef. 7-14-05
DEQ 27-1998, f. & cert. ef. 11-13-98
DEQ 9-1996, f. & cert. ef. 7-10-96
DEQ 10-1994, f. & cert. ef. 5-4-94
DEQ 31-1992, f. & cert. ef. 12-18-92 (and corrected 1-5-93)

340-090-0042
Waste Prevention and Reuse Programs

(1) As required by ORS 459A.007, certain local governments must implement the waste prevention education and reuse program element listed in section (2) in this rule and choose two or four additional elements from sections (3) through (8) of this rule, depending on the local governments’ populations and locations. Each city that is within a metropolitan service district or with a population of greater than 50,000 and each county that is responsible for the area between city limits and the urban growth boundary of a city with a population of greater than 50,000 or the area outside of city limits but within a metropolitan service district urban growth boundary must implement either: the waste prevention and reuse program element in section (2) and at least four additional elements from sections (3) through (8) of this rule; or an alternative program that is designed to achieve similar benefits as this rule and complies with OAR 340-090-0080(7). Each city with a population of greater than 10,000 but no more than 50,000, that is within a county of greater than 100,000 population, and each county of greater than 100,000 population that is responsible for the area between city limits and the urban growth boundary of a city with a population of greater than 10,000 but no more than 50,000 must implement either: the waste prevention and reuse program element in section (2) and at least two additional elements from sections (3) through (8) of this rule; or an alternative program that is designed to achieve similar benefits as this rule and complies with OAR 340-090-0080(7). Waste prevention education and reuse program elements in this rule that are implemented by a county or metropolitan service district may be used by a city within the county or metropolitan service district to meet the requirements of this rule, provided that the elements are made available throughout the entire city, including the area between the city limits and the urban growth boundary of that city. Waste prevention and reuse program elements implemented by a metropolitan service district may be used by a county that includes or is within the metropolitan service district to meet the requirements of this section, provided that the elements are made available throughout the entire urban growth boundary of the metropolitan service district.

(2) Citywide or countywide education and promotion. A citywide or countywide education and promotion program about the environmental benefits of, and opportunities to reduce the generation of waste through, waste prevention and reuse.

(a) The education and promotion program must include the following components:

(A) Information for existing residential and commercial collection service customers that:

(i) Is designed to reach solid waste generators and is provided at least four times per calendar year through: written notice, an effective alternative, or some combination of both;

(ii) Describes the benefits of generating less waste in terms of the reduction in a material’s environmental impact as part of its life cycle, including upstream impacts, such as resource extraction and manufacturing; and

(iii) Addresses how to generate less waste, how to reuse materials, and solutions to common challenges to waste prevention and reuse.

(B) An activity targeting at least one community or one media event each year that promotes waste prevention and reuse, such as a waste prevention booth at a county fair or a community cleanup event that includes a sale or giveaway component to encourage reuse of discarded articles. This activity or event must be in addition to any campaigns used to comply with sections (3) or (4) of this rule. An activity or event may promote waste prevention activities, reuse activities, or some combination of both.

(b) To reach the maximum number of residential and commercial solid waste generators, the education and promotion program must utilize a variety of materials and media formats to disseminate information.

(c) Each local government must submit to DEQ a program plan during the first year the plan is in effect. The plan must use either a format that DEQ provides or an alternative written format chosen by the local government. Thereafter, the local government must submit a summary of activities in the plan to DEQ at the same time the local government submits its periodic report under OAR 340-090-0100. The plan must describe how it will implement the elements in subsections (2)(a) and (3)(b) of this rule, including:

(A) A description of the information to be provided, including messages to be conveyed, program material format and general content, and schedules for distribution;

(B) A description of how the information meets the needs of various types of residential generators, such as multi-family or rural residents, and various types of commercial and institutional generators;

(C) A description of how information will be provided, such as through events, volunteer activities, community meetings and presentations, or door-to door outreach; and

(D) A description of who will provide the information, such as local government staff, collectors, depot operators, disposal site operators, and non-governmental organizations.

(3) Waste prevention campaign targeting residential generators. A waste prevention campaign targeting residential generators of waste and focused on one or more toxic or energy intensive materials or consumer purchasing practices. As used in this section, “consumer purchasing practices” means the act of purchasing a toxic or energy intensive material, a product containing toxic materials, or a product consisting at least 50 percent by weight of energy intensive materials. A food rescue program is not a waste prevention campaign for the purpose of complying with this section. The campaign must meet the following criteria:

(a) For either a campaign that DEQ provides or an alternative campaign that the local government chooses and DEQ approves, each local government must develop, submit to DEQ, and implement a campaign plan that:

(A) Identifies at least one specific waste generating behavior or practice targeted for change;

(B) Describes the campaign’s strategy;

(C) Describes the campaign materials’ general content, format, and delivery methods;

(D) Provides an implementation schedule; and

(E) Describes a performance measurement plan that specifies one or more outcomes that the local government will use to demonstrate its campaign reached the target audience or achieved its waste prevention objective.

(b) Campaign materials must include multiple components that may be used sequentially or on a rotational basis to meet the required refreshing schedule in subsection (3)(c) of this rule. Such components may include materials using:

(A) Different visual images to convey core messaging;

(B) Variations on core messaging language; or

(C) A variety of media, such as print, websites, social media, or radio.

(c) The duration of a campaign may not exceed five years, and the local government’s implementation schedule must include a schedule for refreshing components of the campaign at least once every two years. To “refresh” components of a campaign means to use new or different components to deliver messages in a different way. A local government may also request, and DEQ may approve, a campaign duration or implementation schedule that differs from this subsection’s schedule for refreshing components provided that the local government can demonstrate:

(A) That the campaign or one of its components has contributed to the desired behavior change; and

(B) That continuing the campaign or one of its components is likely to result in further desired changes in behavior or practices.

(d) Educational materials used in this campaign must be in addition to educational materials used to satisfy the requirements of section (2) of this rule.

(4) Waste prevention campaign targeting commercial generators. A waste prevention campaign targeting commercial or institutional generators of waste and focused on one or more toxic or energy intensive materials or consumer purchasing practices. As used in this section, “consumer purchasing practices” means the act of purchasing a toxic or energy intensive material, a product containing toxic materials, or a product consisting at least 50 percent by weight of energy intensive materials. A targeted business assistance program qualify as a campaign if that program includes components that promote changes in waste generating behavior or practices consistent with the requirements of this section and targets businesses with applicable waste generating behaviors or practices. A food rescue program is not a waste prevention campaign for the purpose of complying with this section. The campaign must meet the following criteria:

(a) For either a campaign DEQ provides or an alternative campaign the local government chooses and DEQ approves, each local government must develop, submit to DEQ, and implement a campaign plan that:

(A) Identifies at least one specific waste generating behavior or practice targeted for change;

(B) Describes the campaign’s strategy;

(C) Describes the campaign materials’ general content, format and delivery methods;

(D) Provides an implementation schedule; and

(E) Describes a performance measurement plan that specifies one or more outcomes that the local government will use to demonstrate its campaign reached the target audience or achieved its waste prevention objective.

(b) Campaign materials must include multiple components that may be used sequentially or on a rotational basis to meet the required refreshing schedule in subsection (5)(c) of this rule. Such components may include materials using:

(A) Different visual images to convey core messaging;

(B) Variations on core messaging language; or

(C) A variety of media, such as print, websites, social media, or radio.

(c) The duration of a campaign may not exceed five years, and the local government’s implementation schedule must include a schedule for refreshing components of the campaign at least once every two years. To “refresh” components of a campaign means to use new or different components to deliver messages in a different way. A local government may also request, and DEQ may approve, a campaign duration or implementation schedule that differs from this subsection’s schedule for refreshing components provided that the local government can demonstrate:

(A) That the campaign or one of its components has contributed to the desired behavior change; and

(B) That continuing the campaign or one of its components is likely to result in further desired changes in behavior or practices.

(d) Educational materials used in this campaign must be in addition to educational materials used to satisfy the requirements of section (2) of this rule.

(5) Education program in schools. A waste prevention and reuse education program in elementary and secondary schools must satisfy the following criteria:

(a) Each local government must develop, submit to DEQ, and implement a plan to deliver elementary and secondary school education and promotion programs, that:

(A) Identifies groups or classes of students;

(B) Describes how the program will engage the students;

(C) Identifies at least one specific waste generating behavior or practice targeted for change and barriers to that change;

(D) Provides an implementation schedule; and

(E) Describes a performance measurement plan that specifies one or more outcomes that the local government will use to demonstrate its education program reached the students or achieved its waste prevention and reuse objectives.

(b) The education program must address students in both elementary and secondary schools and may include activities such as:

(A) Classroom presentations;

(B) School assemblies;

(C) Classroom curricular activities, such as service learning projects;

(D) After school programs;

(E) Field trips with a substantial focus on reducing waste generation, such as tours of tool libraries or food rescue facilities; or

(F) Student education implemented as part of in-school waste prevention and reuse programs, such as school cafeteria projects to measure and reduce food waste.

(c) If the program is a general waste prevention and reuse education and outreach program designed primarily to deliver information and increase knowledge about actions that support waste prevention and reuse, then the program must provide education to at least 5 percent of all elementary and secondary students attending public school within the area served by the local government in each calendar year for which this element is used to comply with waste prevention and reuse program requirements, or 10 percent of all students where a program is being implemented over two consecutive years. A local government may use total enrollment numbers reported to the Oregon Department of Education to determine the number of students its program must reach or may propose, with justification, to DEQ an alternative total enrollment number. A local government may, at its discretion, provide education to private school students or to students attending school while in a correctional facility to meet required targets. A city or county may comply with this element through compliance by its county or metropolitan service district provided that:

(A) The education by the county or metropolitan service district is made available to all schools within the area served by the local government using this element to comply with waste prevention and reuse requirements; and

(B) The county or metropolitan service district is providing the education to at least this element’s percentage threshold of elementary and secondary students in each calendar year for which this element is used to comply.

(d) A local government may propose a metric, besides the percentage in subsection (5)(c) of this rule, for approval by DEQ that allows for more in-depth programs designed to engage a smaller number of students. The proposal must explain how targeting a smaller number of students supports longer-term engagement in elementary and secondary education on waste prevention and reuse.

(e) Local governments may not use education programs used to demonstrate compliance with the requirements of OAR 340-090-0042(5) to demonstrate compliance with any other waste prevention and reuse program element in this rule.

(6) Funding or infrastructure support program. A program either for the provision of city, county, or wasteshed funding or for the provision of city, county, or wasteshed infrastructure support to promote and sustain reuse, repair, leasing or sharing efforts. The program must meet the following criteria:

(a) A local government must identify the specific forms of funding or infrastructure support the local government will provide to support reuse, repair, leasing or sharing activities and describe how the funding or infrastructure support contributes to sustaining and, where possible, expanding reuse, repair, leasing or sharing efforts within the local government unit.

(b) Support must be provided annually unless a local government provides funding or monetized infrastructure support in an amount larger than that required under subsection (6)(c) of this rule and the amount of that funding or monetized support, when amortized over multiple years, is at least equivalent to the annual support the local government would otherwise provide.

(c) If a city, county, or wasteshed chooses to use direct funding to comply with the requirements of this section, annual funding must be no less than $0.17 per local government unit resident for jurisdictions with populations up to 100,000 in population and $17,000 plus $0.10 per local government unit resident above 100,000 in population for jurisdictions with populations above 100,000, adjusted annually for inflation from a base year of 2016 using the West Region Consumer Price Index for All Urban Consumers for All Items, as published by the Bureau of Labor Statistics of the United States Department of Labor.

(d) If a city, county, or wasteshed chooses to provide infrastructure support to comply with the requirements of this section, that support must result in a reuse, repair, lease or sharing opportunity that is provided continuously or on at least 1 day per year for every 50,000 in the local government unit’s population or monetized at a value equal to the funding required in subsection (6)(c) of this rule.

(e) Funding may include: grants; payments on behalf of organizations for equipment; funding to cover the costs of outreach efforts, such as website development, development of social media venues and media buys; or funding to allow reuse, repair, or sharing organizations.to pay staff or contractors for program development, implementation, or both. However, funding of outreach efforts does not qualify as satisfying this element if that outreach is also used to satisfy the technical assistance requirements of section (7) of this rule.

(f) A city or county may comply with this element through compliance by its county or metropolitan service district provided that the infrastructure supported by the county or metropolitan service district is accessible and convenient to residents and businesses of the city or county.

(7) Technical assistance program. A program for the provision of city or wasteshed technical assistance to promote and sustain the reuse, repair or leasing of materials or other sharing of efforts to reduce waste. The program must meet the following criteria:

(a) A local government must identify the specific forms of technical assistance the local government will provide to support reuse, repair, leasing or sharing activities and must describe how the technical assistance contributes to sustaining and, where possible, expanding reuse, repair, leasing or sharing efforts within the local government unit.

(b) A local government may satisfy the requirements of this element through a partnership with another governmental agency, a local non-governmental organization or private enterprise provided that this partnership is documented in a written agreement, such as a memorandum of understanding, an intergovernmental agreement, a franchise agreement or other contract vehicle, and:

(A) The agreement specifies the local government’s contribution to the partnership. The local government’s contribution must be more than nominal support. Examples of sufficient contributions include supporting ordinances or waived fees, including license fees, commitments to support volunteer recruitment, requirements that a partner implements a program on behalf of a local government, promotion that supports implementation of the partner organization’s project, facilitating community meetings or workshops to support information exchange or project development, participation of local government staff on organizational boards, and providing communications channels through local government websites or other media; and

(B) The agreement specifies annual reporting of outcomes, such as increased borrowing at a tool library, pounds of building materials or household goods salvaged from solid waste disposal, or number and types of materials exchanged through a commercial or residential exchange website or distribution center that can be linked to the partnership and demonstrate year-to-year progress in reuse, repair or otherwise reducing waste.

(c) Technical assistance in the form of promotion, outreach or education used to comply with the requirements of OAR 340-090-0042(7) cannot also be used to demonstrate compliance with any other waste prevention and reuse program element.

(8) Food rescue program support. Support by a local government for a food rescue program. The local government’s support must meet the following criteria:

(a) The local government must identify and describe specific support for a food rescue program within the local government unit.

(b) A local government’s support must include at least two of the following components:

(A) A review of local health ordinances or other local government regulations that may create regulatory barriers to food rescue, identifying regulatory barriers to food rescue, and implementing solutions needed to facilitate food rescue. Such solutions could include, but are not limited to, recommending revisions to regulations or seeking authorization from a local health agency to take an action necessary to facilitate food rescue. Local ordinance review would be sufficient to constitute support for one component for two years.

(B) Funding, which may include: grants or payments on behalf of organizations for equipment, vehicles or building space; and stipends or other payments for gleaners and other food rescue workers. The annual amount of such funding must be no less than $0.17 per local government unit resident for jurisdictions with populations up to 100,000 in population and $17,000 plus $0.10 per local government unit resident above 100,000 in population for jurisdictions with populations above 100,000, adjusted annually for inflation from a base year of 2016 using the West Region Consumer Price Index for All Urban Consumers for All Items, as published by the Bureau of Labor Statistics of the United States Department of Labor.

(C) Infrastructure support that may include: providing space for rescued food storage; loan of vehicles for food transport; and development and implementation of donor matching programs or farm to food bank programs. Infrastructure support must result in a food rescue opportunity that is provided continuously or on at least one day per year for every 50,000 residents in the local government unit or monetized at a value equal to the funding required in paragraph (8)(b)(B) of this rule.

(D) Technical assistance that may include: convening meetings to assist in developing a food rescue program; a local government website page to inform and promote food rescue opportunities; providing other program education and promotional support; developing success stories for use in promotional materials; and supporting measurement programs to help develop programs and demonstrate the efficacy of food rescue.

(c) A local government may satisfy the technical assistance requirements of this element through a partnership with another governmental agency, a local non-governmental organization or private enterprise provided that this partnership is documented in a written agreement, such as a memorandum of understanding, an intergovernmental agreement, a franchise agreement or other contract vehicle, and:

(A) The agreement specifies the local government’s contribution to the partnership. The local government’s contribution must be more than nominal support. Examples of sufficient contributions include supporting ordinances or waived fees, including license fees, commitments to support volunteer recruitment, requirements that a partner implements a program on behalf of a local government, promotion that supports implementation of the partner organization’s project, facilitating community meetings or workshops to support information exchange or project development, participation of local government staff on organizational boards, and providing communications channels through local government websites or other media; and

(B) The agreement specifies annual reporting of outcomes, such as increased food diverted to food assistance programs, that can be linked to the partnership and demonstrate year-to-year progress in food rescue.

(d) Support must be provided annually unless a local government provides funding or monetized infrastructure support in an amount larger than that required under subsection (8)(b) of this rule and the amount of that funding or monetized support, when amortized over multiple years, is at least equivalent to the annual support that the local government would otherwise provide.

(e) A city or county may comply with this section (8) through compliance by its county or metropolitan service district provided that the county- or metropolitan service district-supported food rescue program either collects from sources of food in the city or county or redistributes food to residents of the city or county.

Statutory/Other Authority: 459.045, 459A.025 & 468.020.
Statutes/Other Implemented: 459A.007, 459A.010 & 459A.050
History:
DEQ 18-2023, amend filed 11/17/2023, effective 11/17/2023
DEQ 3-2017, f. & cert. ef. 1-19-17

340-090-0050
Wasteshed Designation and Recovery Rates

This rule defines the wastesheds, as designated in ORS 459A.010, and states the recovery goal for each wasteshed to achieve and maintain:

(1) Baker wasteshed is all of the area within Baker County and has a recovery rate goal for calendar year 2025 and subsequent years of 25 percent.

(2) Benton wasteshed is all of the area within Benton County excluding the City of Albany and has a recovery rate goal for calendar year 2025 and subsequent years of 44 percent.

(3) Clatsop wasteshed is all of the area within Clatsop County and has a recovery rate goal for calendar year 2025 and subsequent years of 53 percent.

(4) Columbia wasteshed is all of the area within Columbia County and has a recovery rate goal for calendar year 2025 and subsequent years of 45 percent.

(5) Coos wasteshed is all of the area within Coos County and has a recovery rate goal for calendar year 2025 and subsequent years of 30 percent.

(6) Crook wasteshed is all of the area within Crook County and has a recovery rate goal for calendar year 2025 and subsequent years of 20 percent.

(7) Curry wasteshed is all of the area within Curry County and has a recovery rate goal for calendar year 2025 and subsequent years of 30 percent.

(8) Deschutes wasteshed is all of the area within Deschutes County and has a recovery rate goal for calendar year 2025 and subsequent years of 45 percent.

(9) Douglas wasteshed is all of the area within Douglas County and has a recovery rate goal for calendar year 2025 and subsequent years of 34 percent.

(10) Gilliam wasteshed is all of the area within Gilliam County and has a recovery rate goal for calendar year 2025 and subsequent years of 25 percent.

(11) Grant wasteshed is all of the area within Grant County and has a recovery rate goal for calendar year 2025 and subsequent years of 25 percent.

(12) Harney wasteshed is all of the area within Harney County and has a recovery rate goal for calendar year 2025 and subsequent years of 25 percent.

(13) Hood River wasteshed is all of the area within Hood River County and has a recovery rate goal for calendar year 2025 and subsequent years of 35 percent.

(14) Jackson wasteshed is all of the area within Jackson County and has a recovery rate goal for calendar year 2025 and subsequent years of 25 percent.

(15) Jefferson wasteshed is all of the area within Jefferson County and has a recovery rate goal for calendar year 2025and subsequent years of 32 percent.

(16) Josephine wasteshed is all of the area within Josephine County and has a recovery rate goal for calendar year 2025 and subsequent years of 20 percent.

(17) Klamath wasteshed is all of the area within Klamath County and has a recovery rate goal for calendar year 2025 and subsequent years of 20 percent.

(18) Lake wasteshed is all of the area within Lake County and has a recovery rate goal for calendar year 2025 and subsequent years of 15 percent.

(19) Lane wasteshed is all of the area within Lane County and has a recovery rate goal for calendar year 2025 and subsequent years of 63 percent.

(20) Lincoln wasteshed is all of the area within Lincoln County and has a recovery rate goal for calendar year 2025 and subsequent years of 37 percent.

(21) Linn wasteshed is all of the area within Linn County, including the cities of Albany and Mill City, and excluding the area within the cities of Gates and Idanha, and has a recovery rate goal for calendar year 2025 and subsequent years of 45 percent.

(22) Malheur wasteshed is all of the area within Malheur County and has a recovery rate goal for calendar year 2025 and subsequent years of 25 percent.

(23) Marion wasteshed is all of the area within Marion County and all of the area within the cities of Gates, Idanha, and the city of Salem excluding the area within West Salem and Mill city and has a recovery rate goal for calendar year 2025 and subsequent years of 64 percent.

(24) Milton-Freewater wasteshed is all the area within the urban growth boundary of the city of Milton-Freewater and has a recovery rate goal for calendar year 2025 and subsequent years of 25 percent.

(25) Morrow wasteshed is all of the area within Morrow County and has a recovery rate goal for calendar year 2025 and subsequent years of 20 percent.

(26) Polk wasteshed is all the area within Polk County including the area within West Salem and excluding all the city of Willamina and has a recovery rate goal for calendar year 2025 and subsequent years of 48 percent.

(27) Sherman wasteshed is all of the area within Sherman County and has a recovery rate goal for calendar year 2025 and subsequent years of 20 percent.

(28) Tillamook wasteshed is all of the area within Tillamook County and has a recovery rate goal for calendar year 2025 and subsequent years of 37 percent.

(29) Umatilla wasteshed is all of the area within Umatilla County excluding the area within the urban growth boundary of the city of Milton-Freewater and has a recovery rate goal for calendar year 2025 and subsequent years of 20 percent.

(30) Union wasteshed is all of the area within Union County and has a recovery rate goal for calendar year 2025 and subsequent years of 25 percent.

(31) Wallowa wasteshed is all of the area within Wallowa County and has a recovery rate goal for calendar year 2025 and subsequent years of 25 percent.

(32) Wasco wasteshed is all of the area in Wasco County and has a recovery rate goal for calendar year 2025 and subsequent years of 35 percent.

(33) Wheeler wasteshed is all of the area within Wheeler County and has a recovery rate goal for calendar year 2025 and subsequent years of 20 percent.

(34) Yamhill wasteshed is all of the area within Yamhill County and all of the area within the city of Willamina and has a recovery rate goal for calendar year 2025 and subsequent years of 45 percent.

(35) Clackamas, Multnomah and Washington Counties, in aggregate, as a single wasteshed, have a recovery rate goal for calendar year 2025 and subsequent years of 64 percent.

Statutory/Other Authority: ORS 459A.025, 459.045 & 468.020
Statutes/Other Implemented: ORS 459A.010
History:
DEQ 3-2017, f. & cert. ef. 1-19-17
DEQ 8-2005, f. & cert. ef. 7-14-05
DEQ 27-1998, f. & cert. ef. 11-13-98
DEQ 31-1992, f. & cert. ef. 12-18-92, Renumbered from 340-060-0025
DEQ 1-1986, f. & cert. ef. 2-12-86
DEQ 26-1984, f. & cert. ef. 12-26-84

340-090-0060
Determination of Wasteshed and Overall Statewide Recovery Rates

(1) DEQ may calculate recovery rates for the wastesheds listed in OAR 340-090-0050 by dividing the total weight of material recovered by the sum of the total weight of the material recovered plus the total weight of municipal solid waste disposed that was generated in each respective wasteshed.

(2) Recovery rates must include the following:

(a) All materials collected for recycling, both source separated or sorted from solid waste, including yard debris;

(b) Beverage containers collected under the requirements of ORS 459A.700 - 459A.740;

(c) Notwithstanding the foregoing, no material shall be counted toward the recovery rate if it is disposed of.

(3) As used in this rule, “viable market” means a person located within a wasteshed that will pay for the material or accept the material free of charge or a person located outside a wasteshed that will pay a price for the material that, at minimum, covers the cost of transportation of the material.

(4) Recovery rates may include the composting or burning for energy recovery of the material collected under sections (1) and (2) of this rule when there is not a viable market for recycling that material, provided that the following conditions are met:

(a) If the material is burned for energy recovery and then included in the recovery rate for Clackamas, Multnomah or Washington Counties in aggregate or for Benton, Lane, Linn, Marion, Polk or Yamhill County wastesheds, the same material, when burned as part of mixed solid waste, may be included in the recovery rate for a wasteshed that burns mixed solid waste for energy recovery. The amount of the material within the mixed solid waste that may be included in the recovery rate for energy recovery shall be determined by a waste composition study performed by the wasteshed at least every six years.

(b) Mixtures of materials that are composted or burned for energy recovery shall not be included in the recovery rate if more than half of the mixed materials by weight could have been recycled if properly source-separated; and

(c) A place does not exist within a wasteshed that will pay for the material or accept it for free or a place does not exist outside of the wasteshed that will pay a price for the material that, at minimum, covers the cost of transportation of the material to market; and

(d) The appropriate county or Metropolitan Service District in the report required under OAR 340-090-0100 provides data on the weight, type of material and method of material recovery for material to be counted in the recovery rate under this section and written explanation of the basis for determining that a viable market did not exist for the wasteshed, including markets available within and outside of the wasteshed, transportation distances and costs, and market prices for the material if it were to be recycled as source separated material.

(5) Recovery rates shall not include the following:

(a) Industrial and manufacturing wastes such as boxboard clippings and metal trim that are recycled before becoming part of a product that has entered the wholesale or retail market, or any pre-consumer waste;

(b) Metal demolition debris in which arrangements are made to sell or give the material to processors before demolition such that it does not enter the solid waste stream;

(c) Discarded vehicles or parts of vehicles that do not routinely enter the solid waste stream. Except that, discarded vehicle parts that are received at recycling drop-off facilities operated as part of the general solid waste management system are included in the recovery rate calculation;

(d) Commercial, industrial and demolition scrap metal, vehicles, major equipment and home or industrial appliances that are handled or processed for use in manufacturing new products and that do not routinely enter the solid waste stream through land disposal facilities, transfer stations, recycling depots or on-route collection programs;

(e) Material recovered for composting or energy recovery from mixed solid waste, except as provided in subsection (2)(a) and section (4) of this rule;

(f) Mixed solid waste burned for energy recovery, except as provided by subsection (4)(a) of this rule.

(6) For the purposes of calculating the recovery rate DEQ may not include the following in the total solid waste disposed:

(a) Sewage sludge or septic tank and cesspool pumpings;

(b) Solid waste disposed of at an industrial solid waste disposal site;

(c) Industrial waste, ash, inert rock, dirt, plaster, asphalt and similar material if delivered to a municipal solid waste disposal site and if the disposal site operator keeps a record of the weight and wasteshed of origin for such materials delivered and reports the weight and appropriate wasteshed in the reports required to be submitted to DEQ under OAR 340-090-0100(3);

(d) Solid waste received at an ash monofill from an energy recovery facility; and

(e) Any solid waste not generated within the state of Oregon.

Statutory/Other Authority: ORS 459.045, 459A.100 - 459A.120 & 468.020
Statutes/Other Implemented: ORS 459A.010
History:
DEQ 3-2017, f. & cert. ef. 1-19-17
DEQ 8-2005, f. & cert. ef. 7-14-05
DEQ 27-1998, f. & cert. ef. 11-13-98
DEQ 10-1994, f. & cert. ef. 5-4-94
DEQ 31-1992, f. & cert. ef. 12-18-92 (and corrected 1-5-93)

340-090-0068
Determination of Material-Specific Recovery Rates

(1) DEQ must determine the recovery rate for each material specified in ORS 459A.010(1)(c) based on the amount of that material that is recovered from within Oregon each year, divided by the amount of that material that is generated within Oregon each year.

(a) The amount of material recovered from within Oregon must be determined based on surveying and reporting requirements specified in OAR 340-090-0100.

(b) The amount of material that is generated within Oregon each year means the combined amounts of material recovered and material disposed of, for material disposed or recovered from Oregon sources.

(c) Unless otherwise specified, determining the amount of material disposed of must be based on results from periodic waste composition studies specified in ORS 459A.035, when combined with data on the total amount of solid waste disposed as specified in ORS 459A.010(3)(d).

(2) For the purpose of determining the recovery rate of food waste under ORS 459A.010(1)(c) and this rule, food waste does not include:

(a) Crop residue or other agricultural waste;

(b) Waste from industrial-scale food processing facilities;

(c) Waste which is composted on the site of generation; and

(d) Waste that is disposed of directly by the generator to a sewage or septic system.

(3) As used in this section, “plastic” means a material composed of synthetic polymers such as polyethylene, polypropylene, polystyrene, polylactic acid, and other similar polymers, but does not include materials commonly referred to as rubber or materials that are naturally-produced polymers, such as proteins or starches. For the purpose of determining the recovery rate of plastic waste under ORS 459A.010(1)(c) and this rule, plastic waste:

(a) Includes post-consumer plastic items that are entirely made of plastic or that contain small amounts of easily-removed non-plastic items, such as metal handles on five-gallon plastic buckets; and

(b) Does not include plastic in multi-material items, such as electronics, automobiles, appliances, mixed-material toys, or household goods.

(4) As used in this rule, “carpet” means a manufactured article that is used in commercial or residential buildings affixed or placed on the floor or building walking surface as a decorative or functional building interior feature and that is primarily constructed of a top visible surface of synthetic or natural face fibers or yarns or tufts attached to a backing system derived from synthetic or natural materials.

(a) Examples of carpet include, but are not limited to:

(i) Commercial or residential broadloom carpet;

(ii) Modular carpet tiles; and

(iii) Indoor/outdoor carpet used as a floor surfacing in exterior applications.

(b) Examples of materials that are not carpet include:

(i) Rugs or similar floor coverings that are either not affixed to the floor or not intended to cover the entire floor surface;

(ii) Pads, cushions, or underlayment used in conjunction with, or separately from, a carpet; and

(iii) Artificial turf.

(5) For the purpose of determining the recovery rate of carpet waste under ORS 459A.010(1)(d) and this rule:

(a) Any carpet that is collected and then discarded may not be considered as being recovered; and

(b) For carpet where, at a minimum, the face fiber is recovered and used, the entire carpet is considered as having been recovered.

(6) DEQ may determine the recovery rate for carpet under ORS 459A.010(1)(d) based on:

(a) The method described in section (1) of this rule; or

(b) A different method of estimating the generation of carpet based on Oregon carpet sales data and an estimate of how much of that carpet is used as replacement carpet rather than in new construction.

(7) If DEQ calculates carpet recovery under section (7)(b), then DEQ must report, in any reports the legislature requires, recovery rates of carpet using both methods in section (7).

Statutory/Other Authority: 459.045, 459A.025 & 468.020
Statutes/Other Implemented: 459A.010, 459A.035 & 459A.050
History:
DEQ 3-2017, f. & cert. ef. 1-19-17

340-090-0080
Alternative Methods for Providing the Opportunity to Recycle

This rule describes the necessary procedures and requirements that a city, county, metropolitan service district, or disposal site permittee on behalf of an out-of-state person must follow in order to request approval of an alternative program for meeting the requirements of OAR 340-090-0030(1), (7)(a) and (8), 340-090-0040, and 340-090-0042.

(1) The city, county or metropolitan service district responsible for solid waste management may apply for and request approval by DEQ of an alternative program for providing the opportunity to recycle. Each request must be made in writing to DEQ on a form DEQ provides. The request for an alternative program must be complete, signed by the appropriate authority for the city, county, metropolitan service district or disposal site permittee for an out-of-state request and address all of the requirements in section (3) of this rule and sections (5) and (6) of this rule if applicable.

(2) DEQ will review applications as they are received. DEQ will approve, approve with conditions, or reject each proposed alternative program based on consideration of the criteria described in section (3) of this rule.

(3) Each application for approval of an alternative program for providing the opportunity to recycle must include detailed written information and data on the following:

(a) A description of the alternative program being proposed and how it is different from the standard method that would be required to be implemented under the opportunity to recycle requirements;

(b) The conditions and factors that make the alternative program necessary;

(c) How the alternative program is convenient to the commercial and residential generators of solid waste using or receiving the service;

(d) How the alternative program is as effective in recovering recyclable materials from solid waste as the requirements in OAR 340-090-0020, 340-090-0030(1), (7)(a) and (8), 340-090-0040, and 340-090-0050 for providing the opportunity to recycle.

(e) How the alternative program would achieve at least the lesser of:

(A) The local government unit’s wasteshed recovery rate goal specified in OAR 340-090-0050; or

(B) Recovery levels comparable to similar communities. For the purposes of this rule, “similar community” means another local government unit that is similar, for the purpose of DEQ’s evaluation of the local government’s alternative program, based on:

(i) Population or population density;

(ii) Relevant demographics;

(iii) Distance to a market for material collected for recycling;

(iv) Costs of collection and disposal; and

(v) Other criteria DEQ approves.

(4) Anytime a city, county, metropolitan service district, or disposal site permittee on behalf of an out-of-state person desires to make changes to the approved alternative program, they must submit an amended application for DEQ’s approval following the same requirements in sections (3), (5) and (6) of this rule.

(5) In addition to any other standards or conditions, an alternative program for providing the opportunity to recycle yard debris in the Metro wasteshed must meet the following minimum standards:

(a) The alternative program is available to substantially all yard debris generators in the local jurisdiction;

(b) The alternative program can be demonstrated to result in the recycling of yard debris from the solid waste stream;

(c) There is a promotion campaign that is designed to inform all potential users about the availability and use of the method;

(d) The city, county or metropolitan service district must individually or jointly, through intergovernmental agreement, choose from the following yard debris recycling program options as an alternative program:

(A) Provide monthly or more often on-route collection of yard debris during the months of April through October with drop-off depots for non-collection service customers available at least monthly;

(B) Provide biweekly or more often yard debris collection depots within one mile of yard debris generators, or such that there is at least one conveniently located depot for every 25,000 population; or

(C) Provide monthly or more often yard debris collection, supplemented by a weekly or more often yard debris depot during the months of April through October, both within one mile of the yard debris generators, or such that there is at least one conveniently located depot for every 25,000 population.

(e) If the alternative program is proposed by a metropolitan service district the alternative program request must include written commitments from the local governments covered by the program to implement the program or a demonstration of the metropolitan service district's authority to implement the program.

(6) In addition to the requirements in section (3) of this rule, when a disposal site permittee is requesting approval of an alternative program for an out-of-state person the following criteria must be met:

(a) For the purposes of satisfying the requirement in subsection (3)(b) of this rule for a local government unit the alternative program must designate a wasteshed having a common solid waste disposal system or an appropriate area within which to carry out a common recycling program and select and provide justification for an appropriate recovery rate based on similar wasteshed characteristics in Oregon including population density, and distance to recycling markets;

(b) For persons other than local government units the request for alternative program approval must provide information explaining how the alternative program provides the opportunity for the person to reduce the amount of waste that would be disposed and a description of how the alternative program is implemented.

(7) Instead of a local government implementing a waste prevention and reuse program under OAR 340-090-0042, a local government may apply for DEQ’s approval of an alternative waste prevention and reuse program. To apply, a local government must follow these procedures:

(a) Each application for an alternative waste prevention and reuse must be made in writing on a form that DEQ provides. The application must be complete, signed by the local government, and address all of the requirements in section (3) of this rule.

(b) DEQ will review applications as they are received. For each application, using the information in subsection (c) of this rule, DEQ must, for the proposed alternative waste prevention and reuse program:

(A) Approve the proposed program;

(B) Approve the proposed program with conditions; or

(C) Reject the proposed program.

(c) Each application must include the following detailed information:

(A) A description of the proposed alternative waste prevention and reuse program;

(B) Explanations of how the proposed alternative waste prevention and reuse program would be different than and designed to achieve similar benefits as the waste prevention and reuse program that would otherwise by required under rule;

(C) A written plan describing how the proposed alternative waste prevention and reuse program would provide citywide or countywide education and promotion about the environmental benefits of, and opportunities to reduce the generation of waste through, waste prevention and reuse in the local government unit;

(D) An explanation of the conditions and factors that make the proposed alternative waste prevention and reuse program preferable; and

(E) A description of waste generating behaviors targeted for change for residential and commercial generators of solid waste in the local government unit and how that change would be measured.

Statutory/Other Authority: ORS 459A.025, 459.045 & 468.020
Statutes/Other Implemented: ORS 459A.005, 459A.010, 459A.025 & 459A.055
History:
DEQ 18-2023, amend filed 11/17/2023, effective 11/17/2023
DEQ 3-2017, f. & cert. ef. 1-19-17
DEQ 31-1992, f. & cert. ef. 12-18-92, Renumbered from 340-060-0035 & 340-060-0125
DEQ 27-1988, f. & cert. ef. 9-16-88
DEQ 26-1984, f. & cert. ef. 12-26-84

340-090-0090
Collection of Recyclable Materials

(1) DEQ may not require any city, county, or metropolitan service district, or agent thereof, to collect or receive source separated recyclable material which has not been correctly prepared to reasonable specifications which relate to marketing, transportation, storage, or regulatory agency requirements. The specifications for material preparation must have been publicized by the appropriate city, county or metropolitan service district as part of the education and promotion program requirements in OAR 340-090-0020, 340-090-0030, and 340-090-0040.

(2) In addition to the provisions set forth in ORS 459A.080, no person shall dispose of source separated recyclable material which has been collected or received from the generator by any method other than reuse or recycling except as follows:

(a) Used oil and wood waste may be collected and burned for energy recovery.

(b) For covered products pursuant to ORS 459A.863(6), a method other than reuse or recycling may be used if proposed by a producer responsibility organization in a program plan, and that program plan is approved by DEQ. The proposal must include an assessment of environmental impacts and demonstration of consistency with the policy objectives contained in ORS 459.015(2)(a).

(c) For any recyclable materials not included in subsections (a) or (b), a method other than reuse or recycling may be used if an assessment of the environmental impacts of the method demonstrates to DEQ’s satisfaction that the method provides better environmental outcomes and is consistent with the policy objectives contained in ORS 459.015(2)(a).

(3) Commercial and residential recyclable materials that are source separated for collection on-route or on-site but that are not correctly prepared according to reasonable specifications as set forth by the city, county or metropolitan service district under section (1) of this rule may not be required to be collected and may be left with the generator of the source separated material or may be collected and prepared for recycling by the collector, but may not be disposed of by the collector. The generator of the material must be provided with written information that explains correct material preparation for the purposes of educating the generator.

(4) Unauthorized materials that are deposited by the generator at a recycling depot are exempt from the prohibition in sections (1), (2), and (3) of this rule and must be managed in the appropriate manner otherwise required by law.

(5) Collected recyclable material later found to be contaminated with hazardous substances are exempt from the prohibition in sections (1), (2), and (3) of this rule and must be managed in an appropriate manner otherwise required by law.

Statutory/Other Authority: ORS 459A.025, 459.045, 459A.005 - 459A.085 & 468.020
Statutes/Other Implemented: ORS 459A.080
History:
DEQ 18-2023, amend filed 11/17/2023, effective 11/17/2023
DEQ 3-2017, f. & cert. ef. 1-19-17
DEQ 27-1998, f. & cert. ef. 11-13-98
DEQ 31-1992, f. & cert. ef. 12-18-92, Renumbered from 340-060-0075 & 340-060-0080
DEQ 9-1991, f. & cert. ef. 6-20-91
DEQ 1-1989, f. & cert. ef. 1-27-89
DEQ 27-1988, f. & cert. ef. 9-16-88
DEQ 26-1984, f. & cert. ef. 12-26-84

340-090-0100
Reporting Requirements

The information in this rule is reported in order to determine statewide and local wasteshed recovery rates, to determine compliance with the opportunity to recycle requirements and to provide accurate and comprehensive information on the type and amounts of residential and commercial solid waste generated, disposed and recovered in Oregon.

(1) General requirements. The information in subsection (2)(b) and sections (3), (4), and (5) of this rule must be reported on a form provided DEQ and must be reported to DEQ no later than February 28 of each calendar year for the previous calendar year. The information to be reported under section (6) of this rule is optional.

(2) County requirements. Each county, on behalf of its wasteshed and the cities within its wasteshed, must submit the following information to DEQ. The information required below that relates to collection programs within each city jurisdiction must be reported by the city to the county so that the county can provide the required information in a timely manner to DEQ.

(a) The following information must be reported periodically as DEQ requires. This information constitutes the "opportunity to recycle" report. DEQ will notify counties by November 1 of a year if an opportunity to recycle report is required for that year. When required, this report must be submitted on the schedule specified in section (1) of this rule. In any case examples of all materials listed under paragraph (D) below must be kept on file by the county for future reports or inspection by DEQ:

(A) The materials that are accepted for recycling at each disposal site in the wasteshed;

(B) If a recycling depot has been designated in place of a disposal site as a more convenient location for recycling under the opportunity to recycle requirements, the location of that recycling depot and the materials accepted for recycling at that depot;

(C) Description of all education and promotion activities conducted by or on behalf of each applicable city and the county;

(D) For each city of 4,000 or more population in the wasteshed and for each city located within a metropolitan service district in the wasteshed, the following information:

(i) A list of materials accepted for recycling in each on-route residential collection program that is offered to all residential collection service customers;

(ii) A list of materials accepted for recycling in multi-family collection programs;

(iii) A list of materials accepted for recycling in on-site commercial collection programs;

(iv) Listing of each program element under OAR 340-090-0040(3) that has been chosen and implemented by each city within a metropolitan service district or with 4,000 population or more in the wasteshed, including appropriate documentation of implementation of collection service rates, multi-family collection programs and commercial collection programs if applicable; or, as applicable, a description of the approved alternative program being implemented and the status of implementation.

(E) A summary of activities in an expanded education and promotion plan, if a city or county has chosen to provide the expanded education and promotion program element through implementation of a under OAR 340-090-0040(3)(c)(B)(ii). The summary must include education and promotion activities planned for implementation in the coming two years unless DEQ requires otherwise. The summary should also include:

(i) Plan activities actually implemented since the wasteshed last reported to DEQ on activities in the expanded education and promotion plan; and

(ii) Any changes in activities implemented from those in the plan originally submitted to DEQ, or from the previous summary submitted to DEQ under paragraph (2)(a)(E) of this rule, with explanations for the changes.

(F) For each city or county that is implementing the expanded education and promotion program element under OAR 340-090-0040(3)(c), the contamination reduction education plan described in OAR 340-090-0041.

(G) For each city or county that is subject to the requirements of OAR 340-090-0042, the plans required for the city’s or county’s compliance with that rule.

(H) A city or county that has evaluated the effectiveness of one or more program elements is encouraged to include the evaluation(s) in the wasteshed "opportunity to recycle" report.

(b) The following information must be reported annually, and constitutes the "recovery rate report":

(A) The type and corresponding weight of each material collected for the purpose of recycling during the previous calendar year for the following sources in the wasteshed:

(i) On-route residential collection;

(ii) Multi-family residential collection;

(iii) On-site commercial collection;

(iv) Collection at disposal site recycling depots or designated more convenient locations under the opportunity to recycle requirements;

(v) Collection from approved alternative programs under OAR 340-090-0080 if applicable.

(B) The information required in paragraph (2) (b)(A) of this rule must be reported in the following manner:

(i) The weight of material reported must exclude recovery of wastes as described in OAR 340-090-0060(5);

(ii) The weight of material collected must be determined either by direct measurement or by determining the weight of material sold or otherwise sent off-site or used on-site for recycling during the calendar year, adjusted by the difference in weight of material held in inventory on the first day and last day of the calendar year;

(iii) Unless DEQ and the county have agreed in writing on an alternative reporting method, the weight of material collected must be reported separately for each collection service provider or other recycler, on forms DEQ provides;

(iv) The type and corresponding weight of material reported must be broken down by each of the following collection sources:

(I) On-route residential collection;

(II) On-site commercial collection;

(III) Multi-family residential collection;

(IV) Disposal site recycling depots or depots designated as more convenient locations under the opportunity to recycle requirements; and

(V) Material collected by an alternative program for providing the opportunity to recycle requirements.

(v) In cases where a collection service provider is unable to provide exact weight information for the categories identified in subparagraph (2)(b)(B)(iv) of this rule, reasonable estimates allocating the weight of material collected by collection source and by wasteshed may be made.

(C) Information on participation in on-site residential collection programs should be provided if available, either by exact participation data or by a reasonable estimate;

(D) Information on participation in on-site commercial collection programs and multi-family collection programs should be provided if available, either by exact participation data or by a reasonable estimate;

(E) Total weight of all solid waste generated in the wasteshed disposed of outside of the state of Oregon. The following waste is excluded from this reporting requirement:

(i) Sewage sludge or septic tank and cesspool pumpings;

(ii) Industrial solid waste disposed of at an out-of-state industrial solid waste disposal site;

(iii) Industrial waste, ash, inert rock, dirt, plaster, asphalt and similar material if delivered to an out-of-state municipal solid waste disposal site and if the disposal site operator keeps a record of the weight and wasteshed of origin of such materials delivered;

(iv) Solid waste received at an out-of-state ash monofill from an energy recovery facility.

(F) A copy of any new city or county collection service franchise, or any amendment to franchise, including rates under the franchise, which relates to recycling;

(G) If a county determines that the conditions in OAR 340-090-0060(4) exist and specific materials or mixtures that are composted or burned for energy recovery may be included in the calculation of the recovery rate for the wasteshed, the county must report the following information:

(i) Weight and type of material composted or burned for energy recovery;

(ii) For mixtures of materials, the percent by weight and description of each type of material composted or burned for energy recovery that, if properly source separated, could have been recycled;

(iii) Where markets exist for such materials in the wasteshed and outside the wasteshed;

(iv) Charge or price paid for each material at each location;

(v) Transportation distances to market at each location and the per-mile transportation cost to market by the most economical means of transportation available.

(3) Solid waste disposal facility requirements. Except as provided in section (4) of this rule, and excluding the material listed in OAR 340-090-0060(5), each solid waste disposal site that receives solid waste for disposal, except transfer stations, must report to DEQ the weight of solid waste disposed of by each wasteshed in Oregon. The disposal site must report this waste as either "not counting" in determining the recovery rate in OAR 340-090-0050 [wastes specified in OAR 340-090-0060(5)] or as "counting" towards the rate (all other wastes generated in Oregon). This information must be reported by the disposal site permittee on forms DEQ provides and must be a condition of the solid waste permit. If a disposal site is unable to determine the exact weight of waste disposed for each wasteshed in which it was generated, a reasonable estimate allocating the weight of waste to the appropriate wastesheds may be made.

(4) The metropolitan service district on behalf of Multnomah, Clackamas, and Washington counties and the cities therein, must report the following information:

(a) Information in subsection (2)(b) of this rule for all counties in aggregate for said district;

(b) Weight of solid waste disposed of through facilities owned or operated by the metropolitan service district, or operated under contract to the metropolitan service district, excluding the wastes listed in OAR 340-090-0060(5); and

(c) Weight of solid waste sent to out-of-state facilities.

(5) Privately operated recycling, material recovery, and energy recovery facility requirements. This section applies to buy-back centers, drop-off centers, manufacturers, distributors, pyrolysis facilities, facilities burning recovered material as a fuel, collection service providers who collect or otherwise handle materials other than those required to be reported under subsection (2)(b) of this rule, and other private recycling operations and material recovery facilities who collect, otherwise acquire, use recovered material in manufacturing or as a fuel, or recycle material that is not included in the reporting requirements of subsection (2)(b) and section (6) of this rule. These facilities must accurately report to DEQ the type and corresponding weight of each category of material recycled, processed, recovered as a fuel, or used in a new product containing recycled content in a calendar year as follows:

(a) Weight of each material recovered must be reported, broken down by wasteshed of origin and by source as provided on the data form DEQ supplies;

(b) Weight of materials reported must exclude recycling of wastes described in OAR 340-090-0060(5);

(c) Weight of material collected must be determined either by direct measurement of the material collected, purchased, or generated; or by determining the weight sold or otherwise sent off-site or used on-site for recycling during the year, adjusted by the difference in weight of material in inventory on the first day and last day of the calendar year;

(d) To avoid double counting of materials, entities reporting under this section must identify weight and sources of material they collected from other recyclers, subsequent recyclers and end users that directly receive their material and the weight of material sold or delivered to each directly subsequent recycler or end user. This applies to all materials collected for recycling, including materials delivered to subsequent recyclers or end users or collected and reported to the county under subsection (2)(b) of this rule;

(e) Private recyclers must report the final status of each material sold, delivered or utilized. The report must indicate whether the material was recycled, composted, or burned for energy recovery in order to determine which materials will count toward the recovery rate in OAR 340-090-0050;

(f) Total weight of material recovered by each private recycler must be reported based on actual measurement. In cases where determining the actual weight of material recovered by wasteshed or by collection source is not possible, reasonable estimates allocating the weight of material collected by wasteshed and collection source may be made.

(6) Scrap metal industry requirements. DEQ must survey the scrap metal industry annually. The scrap metal industry may report the following information to DEQ on a form DEQ provides as section (1) of this rule requires:

(a) Weight of post-consumer residential scrap metal, including appliances processed for use in manufacturing new products that do not routinely enter the solid waste stream;

(b) Source or wasteshed where the material was generated.

Statutory/Other Authority: ORS 459A.025, 459.045 & 468.020
Statutes/Other Implemented: ORS 459A.010 & 459A.050
History:
DEQ 3-2017, f. & cert. ef. 1-19-17
DEQ 27-1998, f. & cert. ef. 11-13-98
DEQ 31-1992, f. & cert. ef. 12-18-92 (and corrected 1-5-93)

340-090-0110
Minimum Content Reporting Requirements

The following information must be reported to DEQ by February 28 of each year for the previous calendar year by the applicable person on a form DEQ provides:

(1) Each consumer of newsprint in Oregon must report the following information:

(a) Amount of newsprint used in a calendar year in short tons or metric tons;

(b) Amount of recycled-content newsprint, comprised of post-consumer waste paper, used in a calendar year in short tons or metric tons;

(c) Aggregate recycled content of the newsprint used in a calendar year expressed as a percent of the total newsprint used in a calendar year in short tons;

(d) If a consumer cannot obtain the required amount of recycled content newsprint for the reasons listed in ORS 459A.505, the report must include an appropriate explanation;

(e) For purposes of this section only "post-consumer waste" means a material that would normally be disposed of as a solid waste, having completed its life cycle as a consumer or manufacturing item.

(2) Publishers of directories distributed in Oregon must provide the following information on a form DEQ provides. For purposes of this rule, directories means telephone directories that weigh one pound or more for a local jurisdiction:

(a) Total weight in tons of directories distributed in Oregon;

(b) Percent by weight of recycled content in the total directories distributed in Oregon;

(c) Percent of total weight that consists of post-consumer waste;

(d) If a publisher cannot meet the requirements in ORS 459A.520, the publisher must provide an explanation;

(e) Description of the locations and cooperative programs implemented with local government for the collection and recycling of old directories when new ones are distributed, including the total weight of old directories collected for recycling in each local government jurisdiction.

(3) Each manufacturer of glass food, drink and beverage containers made in Oregon, or made outside Oregon and sold to packagers located in Oregon, must report the following information:

(a) Total tons of new glass food, drink and beverage containers made in Oregon, or made outside Oregon and sold to packagers located in Oregon, in a calendar year;

(b) The total tons of post-consumer recycled glass used in manufacturing the containers made in Oregon, or made outside Oregon and sold to packagers located in Oregon, in a calendar year;

(c) Post-consumer recycled glass generated in Oregon and used in "secondary end uses" must be credited towards the 50 percent minimum percentage requirement. As used in this section, "post-consumer recycled glass" does not include window glass and other glass not related to glass container manufacturing. This "credit" must be determined annually as follows:

(A) DEQ must determine the tonnage of post-consumer recycled glass generated in Oregon and used in "secondary end uses" based on reports received under OAR 340-090-0100;

(B) DEQ must then determine the percentage of post-consumer glass generated in Oregon that was used for secondary end uses that year. DEQ must use a composition study of solid waste disposed of in Oregon as the basis for estimating the amount of solid waste which is post-consumer recycled glass;

(C) The 50 percent minimum glass recycled content requirement each glass manufacturer must meet must be reduced by the number of percentage points determined in paragraph (3)(c)(B) of this rule for the subject year.

(d) A glass manufacturer must identify to DEQ all secondary end users of post-consumer recycled glass generated in Oregon of which it is aware. "Secondary end uses" must include:

(A) Use on road surfaces as "glasphalt;"

(B) Fiberglass;

(C) Abrasives;

(D) Glass foam;

(E) Glass beads for reflective paint;

(F) Construction uses, meeting engineering specifications;

(G) Road-base aggregate, meeting engineering specifications;

(H) Other uses as approved by DEQ.

(e) Upon request from a glass container manufacturer, DEQ may not enforce the requirement that a minimum percentage of recycled glass be used in the manufacturing of glass containers if DEQ determines that a glass container manufacturer cannot meet the minimum percentage requirements because of a lack of available glass cullet from Oregon recycling collection programs, including producer responsibility organizations, required by OAR 340-090-0630 to collect container glass, and that meets reasonable specifications the manufacturer establishes. However, lack of availability of appropriate cullet to fully comply with the glass recycled content requirement may not exempt a glass container manufacturer from the requirement to achieve as high a minimum recycled content as possible using available appropriate cullet. A request for non-enforcement from a glass container manufacturer must include sufficient detail for DEQ to be able to reasonably make a determination as to the availability of appropriate cullet, and must:

(A) Be made to DEQ in writing by February 28 of a year to apply to use of cullet in the previous calendar year;

(B) Include a copy of the manufacturer's specifications and an explanation of how the manufacturer determined that sufficient glass cullet meeting the specifications was not available. If a manufacturer's specifications are more restrictive than accepted national specifications, the manufacturer must demonstrate to DEQ why such restrictions are necessary;

(C) Include the tonnage of the shortfall of available cullet.

Statutory/Other Authority: ORS 459A.025, 459.045 & 468.020
Statutes/Other Implemented: ORS 459A.515, 459A.520 & 459A550
History:
DEQ 18-2023, amend filed 11/17/2023, effective 11/17/2023
DEQ 3-2017, f. & cert. ef. 1-19-17
DEQ 27-1998, f. & cert. ef. 11-13-98
DEQ 31-1992, f. & cert. ef. 12-18-92 (and corrected 1-5-93)

340-090-0120
Confidential Information

This rule describes and clarifies which information submitted to DEQ under the requirements of OAR 340-090-0100 DEQ must handle as confidential and the procedures for maintaining confidentiality.

(1) DEQ must maintain as confidential information collected under OAR 340-090-0100(5) and (6) as it relates to customer lists or names and specific weights and types of materials collected or processed.

(2) Upon the provider’s request, DEQ must maintain as confidential information the information specifically relating to customer lists or specific types and amounts of materials marketed for materials collected on-route that a collection service provider voluntarily submits to DEQ under a survey.

(3) DEQ must designate a Documents Control Officer for purposes of receiving confidential information and for secure storage and management of such information.

(4) DEQ must limit access to information submitted as confidential under OAR 340-090-0100(5) and (6) to employees and representatives of DEQ involved in carrying out the requirements of ORS Chapter 459 and 459A.

(5) DEQ may use and disclose the information submitted under OAR 340-090-0100(5) and (6) in aggregate form.

Statutory/Other Authority: ORS 459A.025, 459.045 & 468.020
Statutes/Other Implemented: ORS 459A.010
History:
DEQ 31-1992, f. & cert. ef. 12-18-92 (and corrected 1-5-93)

340-090-0130
Fair Market Value Exemption

(1) To qualify for exemption under ORS 459A.075 a source-separated recyclable material must be:

(a) Source-separated by the generator; and

(b) Purchased from or exchanged by the generator for fair market value for recycling or reuse.

(2) If, as part of the opportunity to recycle, a city or county requires by franchise that residential collection service of recyclable material be provided and identifies a group of two or more materials as the recyclable material for which the residential collection service must be provided, then:

(a) "Fair market value" of any material within the identified group must include the provisions of collection service for all material in the identified group; and

(b) "Recyclable material" means the group identified by the city or county.

(3) Local government may designate classes of residential dwellings to which specific types or levels of collection service are to be provided.

Statutory/Other Authority: ORS 459A.025, 459.045 & 468.020
Statutes/Other Implemented: ORS 459A.075
History:
DEQ 3-2017, f. & cert. ef. 1-19-17
DEQ 27-1998, f. & cert. ef. 11-13-98
DEQ 31-1992, f. & cert. ef. 12-18-92, Renumbered from 340-060-0050
DEQ 26-1984, f. & cert. ef. 12-26-84

340-090-0140
Recyclable Material Economic Test

This rule describes the factors that DEQ must consider in determining if a material can be collected and sold for recycling at a net cost equal to or less than the cost of collection and disposal of the same material.

(1) DEQ must calculate the cost of collection and sale of a recyclable material by considering the collector's costs from the time the material is source separated and leaves the use of the generator until it is first sold or transferred to the person who recycles it. DEQ must consider all costs and savings associated with collection of a recyclable material in the calculation.

(2) DEQ must consider any measurable savings to the collector resulting from making a material available for recycling as opposed to disposal the same as income from sale.

(3) DEQ must calculate the cost of collection and disposal of material as solid waste by using the total costs of collection and disposal. Costs must include fees charged, taxes levies or subsidy to collect and to dispose of solid waste. Costs must also include, but are not limited, to the costs to comply with applicable statutes, rules permit conditions and insurance requirements.

(4) DEQ may use the amount and value of any source separated material that is collected or received as part of a recycling requirement of a permit or a city or county franchise determining whether remaining material meets the definition of recyclable material.

Statutory/Other Authority: ORS 459A.025, 459.045 & 468.020
Statutes/Other Implemented: ORS 459A.010
History:
DEQ 18-2023, amend filed 11/17/2023, effective 11/17/2023
DEQ 3-2017, f. & cert. ef. 1-19-17
DEQ 27-1998, f. & cert. ef. 11-13-98
DEQ 31-1992, f. & cert. ef. 12-18-92, Renumbered from 340-060-0055
DEQ 26-1984, f. & cert. ef. 12-26-84

340-090-0150
Due Consideration

(1) In determining who must provide the opportunity to recycle, a city or county must first give due consideration to any person lawfully providing recycling or collection service on June 1, 1983, if the person continues to provide the service until the date the determination is made and the person has not discontinued the service for a period of 90 days or more between June 1, 1983, and the date the city or county makes the determination.

(2) "Due consideration" includes at a minimum:

(a) A general notice announcing that the city or county intends to franchise recycling collection service and describing the requirements for the franchise;

(b) A timely written notice announcing that the city or county intends to franchise recycling collection service and describing the requirements for the franchise sent to persons entitled by ORS 459A.085(6)(c) to due consideration where such persons are known to the city or county or where such person has filed a timely written request for such notices with the city or county;

(c) An opportunity for public comment on the proposed franchise; and

(d) Consideration of, and response to, a timely application for a recycling collection franchise from a person entitled to due consideration and response.

Statutory/Other Authority: ORS 459A.025, 459.045 & 468.020
Statutes/Other Implemented: ORS 459A.085
History:
DEQ 3-2017, f. & cert. ef. 1-19-17
DEQ 31-1992, f. & cert. ef. 12-18-92, Renumbered from 340-060-0085
DEQ 26-1984, f. & cert. ef. 12-26-84

340-090-0180
Used Oil Recycling Signs

(1) Retail sellers of more than 500 gallons of lubrication or other oil annually in containers for use off premises must post and maintain durable and legible signs.

(2) Retail sellers must print and provide their own signs. The signs must contain the following information:

(a) Information on the energy and environmental benefits gained by recycling used motor oil;

(b) Telephone number where people can call to obtain more information on oil recycling depots and other oil recycling opportunities;

(c) Information on how to recycle used oil;

(d) Information on at least one conveniently located used oil recycling depot, or other oil recycling opportunity, i.e., name, location, and hours of operation;

(3) The signs this rule requires must be no smaller than 11 inches in width and 14 inches in height.

(4) DEQ suggests that the following appear on the sign "Conserve Energy — Recycle Used Motor Oil", in at least inch-high letters.

Statutory/Other Authority: ORS 459A.025, 459.045 & 468.020
Statutes/Other Implemented: ORS 459A.575
History:
DEQ 3-2017, f. & cert. ef. 1-19-17
DEQ 31-1992, f. & cert. ef. 12-18-92, Renumbered from 340-061-0062
DEQ 7-1987, f. & cert. ef. 3-18-87
DEQ 4-1979, f. & cert. ef. 2-2-79

340-090-0190
Yard Debris Recycling Charges

(1) The EQC’s purpose in adopting this rule governing when a fee may be charged for yard debris recycling services is to:

(a) Ensure that a financial disincentive for recycling is not created for any waste generator;

(b) Increase recovery of yard debris and stimulate participation in yard debris recycling programs;

(c) Acknowledge the rate considerations due to the extreme variability of volumes generated;

(d) Ensure that service provided to multi-family generators residing in dwellings of four or fewer units is equivalent to service provided to single family residences.

(2) The purpose as stated in section (1) of this rule is to apply to those recycling programs required under ORS 459A.005, 459A.010 and 459.250.

(3) As used in this rule, "residential generator" means any generator of recyclable material located in single or multi-family dwellings up to and including four units.

(4) As used in this rule, a "unit of yard debris" is the equivalent of a 32-gallon can, a similar sized bag, or the standard unit of yard debris service provided, whichever is greater.

(5) Residential generators of yard debris participating in a regularly scheduled yard debris collection service in the Metro wasteshed, may be charged a fee for yard debris recycling service. The cost of collection of at least the equivalent of one unit of yard debris per month must be incorporated into the base fee charged for solid waste and recycling collection and disposal. An additional fee may be charged for yard debris service which exceeds the equivalent of collection of one unit of yard debris per month. Where multi-family complexes are treated as a single customer, the local government providing the yard debris service must assure that yard debris service is provided at a level equivalent to service provided single-family dwellings. Local governments must make this determination and any related adjustment in service, no later than their next rate review process. In addition to the base fee charged for solid waste and recycling collection and disposal, which must include the first unit of yard debris, local governments may charge a fee for:

(a) Collection of any volumes of yard debris over and above the first unit which is included in the base fee, where the generator is a solid waste customer;

(b) Collection of any volumes of yard debris where the generator is not a solid waste customer;

(c) Yard debris collected through a depot program or other alternative method including on-call service.

(6) The total additional yard debris recycling fee charged to any generator of yard debris for collection of yard debris must be less than the fee that would have been charged for collection of that same volume of yard debris as mixed solid waste.

(7) Yard debris recycling fees in addition to the base fee charged for solid waste collection and disposal may be charged for the collection of yard debris on-route or at a depot outside the Metro wasteshed.

(8) Each city, county or metropolitan service district in the Metro wasteshed must individually, or jointly through intergovernmental agreement, implement a yard debris program that at a minimum meets the requirements of OAR 340-090-0030 when the option under OAR 340-090-0040(3)(e) is not chosen or request approval of an alternative program for providing the opportunity to recycle under OAR 340-090-0080.

Statutory/Other Authority: ORS 459A.025, 459.045, 459A.005 - 459A.085 & 468.020
Statutes/Other Implemented: ORS 459.015, 459.250, 459A.005 & 459A.010
History:
DEQ 18-2023, amend filed 11/17/2023, effective 11/17/2023
DEQ 3-2017, f. & cert. ef. 1-19-17
DEQ 27-1998, f. & cert. ef. 11-13-98
DEQ 9-1993, f. & cert. ef. 6-16-93
DEQ 31-1992, f. & cert. ef. 12-18-92, Renumbered from 340-060-0130
DEQ 9-1991, f. & cert. ef. 6-20-91

340-090-0310
Rigid Plastic Containers: Purpose

The following administrative rules, OAR 340-090-0320 - 0430, are intended to establish the minimum requirements for implementing the Oregon Rigid Plastic Container Recycling Law, ORS 459A.650 through 680. The Commission's purposes in adopting these rules are to:

(1) Reduce the amount of rigid plastic containers being disposed of in Oregon;

(2) Increase the reuse or recycling of rigid plastic containers that would otherwise be disposed of;

(3) Increase the use of recycled material in the manufacture of rigid plastic containers.

Statutory/Other Authority: ORS 459A.025
Statutes/Other Implemented: ORS 459A.650 - 459A.665
History:
DEQ 3-2017, f. & cert. ef. 1-19-17
DEQ 27-1998, f. & cert. ef. 11-13-98
DEQ 26-1994, f. & cert. ef. 11-2-94

340-090-0320
Definitions

As used in OAR 340-090-0310 through 430 and in OAR 340-012-0042 unless otherwise specified:

(1) "Container manufacturer" means the producer or generator of a rigid plastic container for a packaged product that is sold or offered for sale in Oregon. A "container manufacturer" is the same as a "package manufacturer" as defined in ORS 459A.650(2).

(2) "Container Manufacturer's Certificate of Compliance" means the certificate provided by the container manufacturer to a product manufacturer which describes the records which the container manufacturer has available to document that a rigid plastic container or containers comply with OAR 340-090-0350(1)(a), (1)(b)(A), or (1)(b)(B).

(3) "Container/product ratio" means the ratio of the weight of a rigid plastic container to the units of product in the container.

(4) "DEQ" means the Department of Environmental Quality.

(5) "Drug" has the meaning given by the federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) and pertinent regulations.

(6) "FDA" means federal Food and Drug Administration.

(7) "FD&C Act" means federal Food, Drug and Cosmetic Act (21 U.S.C. 321).

(8) "Infant formula" has the meaning given by the federal Food, Drug and Cosmetic Act (21 U.S.C. 321(f)), and is food which purports to be for special dietary use solely as food for infants because it simulates human milk or is suitable as a complete or partial substitute for human milk.

(9) "Medical device" means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including a component, part or accessory, which is:

(a) Recognized in the National Formulary, United States Pharmacopoeia, USP 39-NF 34 (2016) or any existing supplement thereto, and intended:

(A) For use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; or

(B) To affect the structure or any function of the body of man or other animals which does not achieve its primary intended purpose through chemical action within or on the body of man or other animals; and is

(b) Not dependent upon being metabolized for the achievement of any of its principal intended purposes.

(10) "Medical food" has the meaning given by the federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) and pertinent regulations and includes the following:

(a) A product formulated to be consumed or administered internally under the supervision of a physician; and

(b) A product intended for specific dietary management of a disease or condition for which distinctive nutritional requirements, based on recognized scientific principles, are established by medical evaluation. For purposes of these rules, medical food is food that is consumed or directly placed in the stomach or intestine through a tube, or other food which is used to manage a disease or medical condition, or food labeled "may be used as the sole source of nutrition" or "may be used as the sole item of the diet". Food for which popular dietary claims are made, such as "low fat" or "low sodium," is not medical food.

(11) "Post-consumer rigid plastic container" means a rigid plastic container that would otherwise be destined for solid waste disposal, having completed its intended end-use and product lifecycle. Rigid plastic containers which held obsolete or unsold products must be considered post-consumer rigid plastic containers when used as a feedstock for new products other than fuel or energy.

(12) "Product-associated container" means a brand-specific rigid plastic container line, which may have one or more sizes, shapes or designs and which is used in conjunction with a particular, generic product line. A "product-associated container" is the same as a "product-associated package" as defined in ORS 459A.650(3).

(13) "Product manufacturer" means the producer or generator of a packaged product that is offered for sale in Oregon in a rigid plastic container:

(a) For purposes of these rules "product manufacturer" includes all subsidiaries and affiliates;

(b) Identification of the product manufacturer, for purposes of these rules, must be determined by the following hierarchy:

(A) When the name of the entity that manufactured the product held by the container is stated on the container label, then that entity must be considered the product manufacturer;

(B) When the container label does not state the entity that manufactured the product held by the container, but the container label does state the distributor of the container, then the distributor must be considered the product manufacturer;

(C) When the container label does not state either the entity that manufactured the product held by the container or the distributor of the container, but the container label states the importer of the container, then the importer must be considered the product manufacturer;

(D) When the container does not have a label or the label does not state the entity that manufactured the product held by the container, or the distributor of the container, or the importer of the container, or the container is filled at the point of sale and no other manufacturer distributor or importer is identified on the label, then the store that sells the product held by the container must be considered the product manufacturer.

(14) "Product manufacturer's Report of Compliance" means the report a product manufacturer provides to DEQ that documents compliance of a rigid plastic container or containers with requirements of OAR 340-090-0350 or exemption from those requirements as set out in OAR 340-090-0330.

(15) "Recycled content" means that portion of a package's weight that is composed of recycled material, as determined by a material balance approach that calculates total recycled material input as a percentage of total material input in the manufacture of the package.

(16) "Recycled in Oregon" means generated in Oregon as plastic from post-consumer rigid plastic containers and collected, processed and eventually manufactured into another product, other than fuel or energy, either in Oregon or outside the state.

(17) "Recycled material" means a material that would otherwise be destined for solid waste disposal, having completed its intended end use or product life cycle. Recycled material does not include materials and by-products generated from, and commonly reused within, an original manufacturing and fabrication process.

(18) "Recycling rate" means the level, stated as a percentage, at which post-consumer rigid plastic containers are recycled in Oregon. The rigid plastic container recycling rate is determined by dividing the weight of plastic from post-consumer rigid plastic containers recycled in Oregon by the combined weight of plastic from both post-consumer rigid plastic containers recycled and those disposed of in Oregon.

(19) "Reduced container" means a rigid plastic container which has a container/product ratio which is at least ten percent less than the container/product ratio for the same product by the same product manufacturer five years earlier, as provided in OAR 340-090-0330(5).

(20) "Replacement product" means a product which is used to refill a rigid plastic container. Replacement product must be the same as or similar to the original product in the container.

(21) "Reused container" means either a refillable or reusable container which is refilled by the product manufacturer or reused by the consumer and is used at least five times with the same or a similar product.

(22) "Rigid plastic bottle" means a container that has a mouth narrower than its base.

Statutory/Other Authority: ORS 459A.025 & 468.020
Statutes/Other Implemented: ORS 459A.650 & 459A.660
History:
DEQ 3-2017, f. & cert. ef. 1-19-17
DEQ 9-1996, f. & cert. ef. 7-10-96
DEQ 26-1994, f. & cert. ef. 11-2-94

340-090-0330
Rigid Plastic Containers

(1) A rigid plastic container is a plastic bottle, jar, cup, tub, pail, "clamshell" container, or other plastic container which meets the following criteria:

(a) Is designed to hold a product for sale;

(b) Has a volume of not less than eight fluid ounces and not more than five gallons. The volume of the container must be determined using one of the following methods:

(A) For a container which is labeled in liquid measure, the labeled volume; or

(B) The measured liquid volume of the container; and

(C) For containers which have a labeled product liquid volume of five gallons or less and a measured container liquid volume of more than five gallons the labeled product volume must be used.

(c) Is composed predominantly of plastic resin;

(d) Is able to maintain its shape, whether empty or full, under normal usage, independent of any product which it contains or other external support.

Comment: Plastic tubes and blister packs are excluded from the definition of a rigid plastic container.

(2) The following containers are also rigid plastic containers if they meet the criteria set forth in section (1) of this rule:

(a) Plastic boxes, baskets, crates, and flower pots that are sold containing a product;

(b) Plastic trays that have sidewalls designed to contain a product in the tray.

(3) The determination of whether a container meets the definition of rigid plastic container must be based solely upon the characteristics of the plastic container itself at the time of determination and not upon any material used as packaging for a rigid plastic container or for packaging of individual products within a rigid plastic container.

(4) Lids and caps are not considered to be part of a rigid plastic container except when they meet one of the following criteria:

(a) Are designed to be permanently attached to a rigid plastic container; or

(b) Independently meet the criteria set forth in section (1) of this rule.

(5) The following packaging items may not be considered part of a rigid plastic container:

(a) Labels;

(b) Those parts of the whole package or of the rigid plastic container for which the principal purpose is to provide a tamper resistant seal. This does not include portions of a rigid plastic container that have a principal purpose other than providing a tamper resistant seal; and

(c) A bag, film, or flexible inner or outer wrap that is used to cover or contain a product or a rigid plastic container.

Statutory/Other Authority: ORS 459A.025, 459A.650 - 459A.685, 459.995 & 468.020
Statutes/Other Implemented: ORS 459A.650, 459A.655 & 459A.675
History:
DEQ 3-2017, f. & cert. ef. 1-19-17
DEQ 26-1994, f. & cert. ef. 11-2-94

340-090-0340
Exempt Rigid Plastic Containers

(1) Rigid plastic containers that meet one of the sets of criteria in sections (2) through (7) of this rule are exempt from the requirements of OAR 340-090-0350 through -0370.

(2) The product in the rigid plastic container is one of the following:

(a) A "drug" as defined in OAR 340-090-0320(5);

(b) A "medical device" as defined in OAR 340-090-0320(9);

(c) "Medical food" as defined in OAR 340-090-0320(10); or,

(d) "Infant formula" as defined in OAR 340-090-0320(8).

(3) The rigid plastic container and product are shipped out of Oregon before they are sold to the final consumer.

(4) The packaging is necessary to provide a tamper-resistant seal for public health purposes:

(a) For the purposes of OAR 340-090-0310 through 0430, packaging that provides a tamper-resistant seal is one of the following:

(A) A separate device associated with a rigid plastic container that resists tampering with the product in the container or exposes when an attempt to tamper with a product has occurred. Such devices include but are not limited to tape, film, foil, and tamper-resistant caps and lids; or

(B) A portion of a rigid plastic package that is designed to work with a device described in paragraph (A) of this subsection or which independently resists tampering with the product in the container or exposes when an attempt to tamper with a product has occurred.

(b) A complete rigid plastic container may not be considered "necessary to provide a tamper-resistant seal" and may not be exempt under the provisions of this rule.

(5) The container is a reduced container:

(a) A container is a reduced container when the container/product ratio has been reduced by at least ten percent when compared with the container used for the same product by the same product manufacturer five years earlier:

(A) For a container that has been changed to a reduced container after January 1, 1990 and before January 1, 1995:

(i) Comparison must be made to the container/product ratio of the equivalent container sold five years earlier;

(ii) The exemption must start on January 1, 1995; and must run until January 1, 2000.

(B) For a container which has been changed to a reduced container on or after January 1, 1995:

(i) Comparison must be made to the container/product ratio of the equivalent container sold five years earlier;

(ii) The exemption must start on the date the reduced container was first used by the product manufacturer and must run for five years.

(b) A reduction in container/product ratio may not be achieved by substituting plastic for a different material for a substantial part of the container;

(A) Different material means a material other than plastic, including but not limited to glass, metal, wood, or paper;

(B) Use of different plastic resins or combinations of plastic resins is not use of a different material.

(c) For the purposes of calculating the container/product ratio, a unit of product is one of the following:

(A) A unit of weight of product;

(B) A unit of volume of product; or

(C) A unit of product use:

(i) To qualify as a "unit of product," a "unit of product use" must be clearly stated on the container or in other product use instructions;

(ii) Some examples of units of product use include the number of "standard applications," "servings," or other generally accepted units of product use.

(d) A reduced container is not exempt from OAR 340-090-0350 through -0370 if DEQ finds that changes made in the original container adversely impact the potential for the container to be recycled or to contain recycled content;

(e) A reduced container is not exempt from OAR 340-090-0350 through -0370 if the container/product ratio for the original container was increased after January 1, 1990;

(f) For purposes of receiving an exemption under this section, a concentrated form of a product must be considered to be the "same product by the same product manufacturer" if it:

(A) Has the same product line name; and

(B) Is intended for the same use.

(6)(a) There has been a substantial investment in achieving the recycling rate. To meet the "substantial investment" exemption, all of the following provisions must be met:

(A) A substantial investment has been made in achieving the recycling rate;

(B) There is a demonstrated viable market for the material from which the container is made;

(C) The 1995 recycling rate for compliance purposes is at least 20%;

(D) The recycling rates for the rigid plastic containers for the previous two years show evidence of increasing; and

(E) Reasonable projections indicate that the rigid plastic containers will meet the 25 percent recycling rate by January 1, 1997.

(b) The exemption provided under the provisions of ORS 459A.660(5)(e) must be a one-time exemption with an effective date of January 1, 1995 to December 31, 1996;

(c) DEQ must, before January 1, 1995, determine if the conditions for the "substantial investment exemption" for rigid plastic containers, in the aggregate, have been met.

(7) The container contains food:

(a) A container must be considered to "contain food" if it contains an article used, or intended to be used, for food, ice, confection or condiment, whether simple or compound, or any part or ingredient thereof or in the preparation thereof, and for human consumption.

(b) A container may not be considered to "contain food" if it contains a drinkable liquid and is a rigid plastic bottle.

Statutory/Other Authority: ORS 459A.025 & 468.020
Statutes/Other Implemented: ORS 459A.660
History:
DEQ 3-2017, f. & cert. ef. 1-19-17
DEQ 9-1996, f. & cert. ef. 7-10-96
DEQ 26-1994, f. & cert. ef. 11-2-94

340-090-0350
Compliance Standards

(1) Except as provided in OAR 340-090-0340, by January 1, 1995, any rigid plastic container sold, offered for sale, or used in association with the sale or offer for sale of products in Oregon must comply with one of the following:

(a) Have at least 25 percent recycled content;

(b) Be made of plastic that is being recycled in Oregon at a rate of at least 25 percent by meeting one of the following criteria:

(A) It is a rigid plastic container and rigid plastic containers, in the aggregate, are being recycled in Oregon at a rate of at least 25 percent by January 1, 1995;

(B) It is a specified type of rigid plastic container and that specified type of rigid plastic container, in the aggregate, is being recycled in Oregon at a rate of at least 25 percent by January 1, 1995; or

(C) It is a product-associated container and that class of containers, in the aggregate, is being recycled in Oregon at a rate of at least 25 percent by January 1, 1995.

(c) Be used at least five times for the same or a substantially similar use.

(2) Individual rigid plastic containers sold in Oregon after January 1, 1995 but manufactured by a container manufacturer or filled by a product manufacturer prior to January 1, 1995 are not required to meet the compliance standards listed above. A product manufacturer must be able to document that the containers were filled prior to January 1, 1995.

(3) For any calendar year for which DEQ determines that the aggregate recycling rate for compliance purposes is at least 25 percent, all product and container manufacturers must be deemed to be in compliance with OAR 340-090-0340, 340-090-0350, 340-090-0400 and 340-090-0410 without any further action on their part.

Statutory/Other Authority: ORS 459A.025 & 468.020
Statutes/Other Implemented: ORS 459A.655 & 459A.660
History:
DEQ 3-2017, f. & cert. ef. 1-19-17
DEQ 9-1996, f. & cert. ef. 7-10-96
DEQ 26-1994, f. & cert. ef. 11-2-94

340-090-0360
Recycled Content Compliance

(1) A rigid plastic container must have at least 25% recycled content by January 1, 1995 to comply with OAR 340-090-0350(1)(a).

(2)(a) A container manufacturer must determine the recycled content of an individual rigid plastic container as being the same as the calculated recycled content for all the same type of rigid plastic containers manufactured during the same time period, within a one-year period, as determined by the container manufacturer, with the same input ratio of recycled material to total plastic;

(b) The recycled content of a rigid plastic container is calculated by dividing the weight of recycled material used in the production of the container by the total weight of plastic material used to produce the container. The result of that calculation is a percentage, which is the recycled content.

[NOTE: View a PDF of formulas by clicking on "Tables" link below.]

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

Statutory/Other Authority: ORS 459A.025, 459A.650 - 459A.685, 459.995 & 468.020
Statutes/Other Implemented: ORS 459A.655
History:
DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019
DEQ 3-2017, f. & cert. ef. 1-19-17
DEQ 26-1994, f. & cert. ef. 11-2-94

340-090-0370
Recycling Rate Compliance

A rigid plastic container may comply with OAR 340-090-0350(1)(b) by meeting one of the following criteria:

(1) The aggregate recycling rate for compliance purposes in Oregon for all rigid plastic containers, as calculated pursuant to OAR 340-090-0380(2), is at least 25%.

(2) It is a specified type of rigid plastic container and the recycling rate in Oregon for that type of container, in the aggregate, is at least 25%:

(a) A manufacturer using this recycling rate option may designate the type of rigid plastic containers on which the recycling rate will be based. This becomes the specified-type. A specified-type may be designated using any one or combination of the following characteristics:

(A) Type of plastic resin used to manufacture the container, for example HDPE, natural HDPE, colored HDPE, PETE, PVC;

(B) Shape and design of the container, for example all bottles, all tubs, all gallon jugs, all buckets;

(C) Use of the container, for example milk bottles, non-milk dairy containers, household chemical containers, or other generic product lines;

(D) Other specified characteristics of the container.

(b) The characteristics used to identify a specified type of rigid plastic container may not exclude or limit it to an individual product-associated container.

(3)(a) It is a product-associated rigid plastic container and the recycling rate in Oregon for that type of container, in the aggregate, is at least 25%;

(b) A product manufacturer using this recycling rate option may designate the product-associated rigid plastic container on which the recycling rate will be based. This becomes the product-associated rigid plastic container. A product-associated rigid plastic container may be designated by the following single or combination of characteristics but must be limited to a specific brand and generic product line:

(A) The brand of product in the container (Example: all Brand X products or all Brand Y products);

(B) The brand and type of product in the container (Example: Brand X dish soap or Brand Y cooking oil);

(C) The brand and type of container (Example: all Brand X gallon jugs or all Brand Y jars);

(D) The brand and resin type of the container (Example: all Brand X PETE containers, or all Brand Y HDPE containers);

(E) Other specific characteristics or combination of characteristics which are brand specific.

(4) A manufacturer choosing the options described in sections (2) or (3) of this rule may rely upon disposal or recycling data DEQ generates, where available. Manufacturers using other data to calculate a recycling rate must be able to document that such data was generated by a methodology acceptable to DEQ and are verifiable.

Statutory/Other Authority: ORS 459A.025, 459A.650 - 459A.685, 459.995 & 468.020
Statutes/Other Implemented: ORS 459A.655, 459A.657 & 459A.665
History:
DEQ 3-2017, f. & cert. ef. 1-19-17
DEQ 26-1994, f. & cert. ef. 11-2-94

340-090-0380
Recycling Rate Calculation for Rigid Plastic Containers

(1) The recycling rate for rigid plastic containers must be calculated as one of the following:

(a) Aggregate or specified resin type recycling rate for compliance purposes;

(b) Calendar year aggregate recycling rate;

(c) Specified-type rate; or

(d) Product-associated rate.

(2) Recycling rate for compliance purposes;

(a) Aggregate recycling rate for compliance purposes;

(A) DEQ may determine a recycling rate for rigid plastic containers, in the aggregate, for compliance purposes by December 31 of any year for which DEQ deems it necessary to determine such a rate. The aggregate recycling rate for compliance purposes must apply to the following calendar year and to any subsequent calendar year until DEQ again calculates an aggregate rigid plastic container recycling rate for compliance purposes;

(B) DEQ must base the aggregate recycling rate for compliance purposes in part on the most recent calendar year recycling rate and in part on other information which reflects or indicates the level of rigid plastic container recycling. When determining the recycling rate for compliance purposes for years prior to the calculation of the calendar year recycling rate, DEQ will use the best available recycling rate information in lieu of a calendar year recycling rate.

(b) Specified resin type recycling rate for compliance purposes:

(A) If the aggregate recycling rate in paragraph (2)(a)(A) of this rule is determined to be less than 25 percent, DEQ must determine a specified resin type recycling rate for compliance purposes for rigid plastic containers made from each of the following resin types: polyethylene terephthalate, high density polyethylene, polyvinyl chloride, low density polyethylene, polypropylene, polystyrene, and all other plastic resins. The specified resin type recycling rate for compliance purposes must apply to the calendar year(s) for which the aggregate recycling rate in paragraph (2)(a)(A) of this rule was determined;

(B) DEQ must base the specified resin type recycling rate for compliance purposes in part on the most recent calendar year recycling rate and in part on other information which reflects or indicates the level of rigid plastic container recycling. When determining the recycling rate for compliance purposes for years prior to the calculation of the calendar year recycling rate, DEQ will use the best available recycling rate information in lieu of a calendar year recycling rate.

(3) Calendar year aggregate recycling rate:

(a) DEQ must calculate the calendar year aggregate recycling rate for rigid plastic containers and must include all rigid plastic containers including those exempted by OAR 340-090-0340(2), (4), (5), (6) or (7) from meeting compliance standards;

(b) DEQ must determine the calendar year recycling rate for rigid plastic containers in the aggregate as a percentage by dividing the aggregate numerator by the aggregate denominator. DEQ must collect or adjust, or both, the numbers in both the numerator and denominator of this calculation to represent the same calendar year;

(c) The elements of the formula to calculate the calendar year aggregate recycling rate for post-consumer rigid plastic containers in Oregon are:

(A) The aggregate numerator, expressed in tons:

(i) DEQ must calculate the numerator be calculated as the total weight of post-consumer rigid plastic containers recycled in Oregon;

(ii) In addition to DEQ’s census of material recovery rates, DEQ may use as the basis for determining the total weight of post-consumer rigid plastic containers recycled in Oregon an annual recycling census of all parties directly involved in brokering, processing, or recycling post-consumer rigid plastic containers from Oregon. DEQ may provide monthly forms for record keeping purposes only. Census respondents will be asked to calculate and submit:

(I) The total amount of post-consumer rigid plastic received from Oregon sources which is rigid plastic containers as defined in OAR 340-090-0330;

(II) The percentage of (I) that is lost due to removal of contaminated, non-plastic, and non-recyclable material; and

(III) Any other information DEQ may require to accurately determine the recycling tonnages.

(iii) DEQ must design and implement procedures to conduct the census relating to:

(I) Developing and maintaining a comprehensive list of handlers and reclaimers;

(II) Obtaining data from handlers and reclaimers, including the use of monthly and annual record keeping and reporting forms;

(III) Reconciling variances in reported data;

(IV) Maintaining quality control in data collection and analysis; and

(V) Adjusting data to produce estimates of the amount of plastic from post-consumer rigid plastic containers by controlling for contamination, including moisture, organic matter and other non-plastic materials.

(iv) DEQ must publish a report on the findings of the census, methodologies used and information regarding potential errors.

(B) The aggregate denominator, expressed in tons:

(i) DEQ must calculate the denominator as the sum of the total weight of post-consumer rigid plastic containers recycled in Oregon (the numerator) plus the total weight of post-consumer rigid plastic containers disposed of in Oregon. DEQ must calculate the total weight of post-consumer rigid plastic containers disposed of in Oregon by multiplying the estimated percent of municipal solid waste which is post-consumer rigid plastic containers times total tons of municipal solid waste disposed of in Oregon;

(ii) The total tons of municipal solid waste disposed of in Oregon is derived from information collected under the provisions of ORS 459A.010 (3)(d)) and 459A.050 (3) and (4);

(iii) DEQ must use a composition study of solid waste disposed of in Oregon as the basis for estimating the percent of disposed solid waste which is post-consumer rigid plastic containers. Adjustments to a previous composition study may be used as a substitute for a new composition study.

(d) DEQ will determine the calendar year aggregate rigid plastic container recycling rate, when DEQ determines it to be necessary, on a calendar year basis. When DEQ determines a calendar year aggregate rate, DEQ will publish it in a report that includes a discussion of potential errors associated with calculation of the total tons of municipal solid waste disposed of in Oregon, information on the recycling and disposal data collection and analysis methodologies and margin of error for the percent composition of rigid plastic containers.

(4) Specified-type recycling rate. DEQ must determine the recycling rate for a specified type of rigid plastic container as a percentage by dividing the specified type numerator by the specified type denominator. DEQ must collect or adjust, or both, the numbers in both the numerator and denominator of this calculation to represent the same calendar year:

(a) The elements of the formula to calculate the specified type recycling rate for rigid plastic containers in Oregon are:

(A) DEQ must calculate the specified type of post-consumer rigid plastic container numerator as the total of the specific type of post-consumer rigid plastic containers recycled in Oregon, expressed in tons;

(B) The specified type of post-consumer rigid plastic container denominator, expressed in tons:

(i) DEQ must calculate the denominator by one of the following methods:

(I) As the sum of the weight of the specified type of post-consumer rigid plastic containers recycled in Oregon plus the total weight of the specified type of rigid plastic containers disposed of in Oregon; or

(II) The total weight of the specified type of post-consumer rigid plastic containers sold in Oregon.

(ii) If DEQ uses the weight of the specified type of post-consumer rigid plastic containers disposed of to calculate the denominator, DEQ must use a composition study of solid waste disposed of in Oregon as the basis for determining the weight disposed of.

(b) Any person calculating the recycling rate of a specified type of post-consumer rigid plastic container may rely upon disposal or recycling data DEQ generates. Persons using other data to calculate a recycling rate must be able to document that such data were generated by a methodology acceptable to DEQ and are verifiable;

(c) Adjustment to data collected by the recycling census and composition study identified in paragraphs (3)(c)(A)(ii) and (3)(c)(B)(ii) and (iii) of this rule respectively must be made only by use of a methodology DEQ accepts;

(d) DEQ may use data collected on a national basis to determine the post-consumer rigid plastic container recycling rate in Oregon if it can be shown how these data are either typical of or can be adjusted to accurately represent conditions in Oregon.

(5) Product-associated recycling rate. DEQ must calculate the recycling rate for a product-associated rigid plastic container as a percentage by dividing the product-associated numerator by the product-associated denominator. DEQ must collect or adjust, or both, the numbers in both the numerator and denominator of this calculation to represent the same calendar year. The elements of the formula to calculate the product-associated recycling rate for rigid plastic containers in Oregon are:

(a) DEQ must calculate the numerator as the total weight of product-associated post-consumer rigid plastic containers recycled in Oregon, expressed in tons;

(b) The product-associated post-consumer rigid plastic container denominator, expressed in tons. The denominator must be the total weight of the product-associated rigid plastic containers sold in Oregon.

(6) A product manufacturer or container manufacturer must rely on DEQ’s calculation of the aggregate recycling rate for compliance purposes for post-consumer rigid plastic containers to comply with OAR 340-090-0350(1)(b)(A). In cases where DEQ calculates the recycling rate for specified types of or product-associated post-consumer rigid plastic containers, a product manufacturer or container manufacturer may rely on DEQ’s rate calculation when claiming that a container or containers comply with OAR 340-090-0350(1)(b)(B) or (1)(b)(C).

(7) In cases where a manufacturer calculates the recycling rate for specified types of or product-associated post-consumer rigid plastic containers, a product manufacturer may rely upon disposal or recycling data DEQ generates, where available. Manufacturers using other data to calculate a recycling rate must be able to document that such data were generated by a methodology DEQ accepts and are verifiable.

(8) Calculation of a recycling rate must include only those outputs from processing rigid plastic containers which are recycled into new products. When a processing technology results in a combination of outputs, some of which are recycled into new products and others of which are fuel products, or energy recovery, the recycling rate may not include any portion of the output which is a fuel product, is used to produce fuel products, or is otherwise used for energy recovery.

Statutory/Other Authority: ORS 459A.025
Statutes/Other Implemented: ORS 459A.650 - 459A.657
History:
DEQ 18-2023, amend filed 11/17/2023, effective 11/17/2023
DEQ 3-2017, f. & cert. ef. 1-19-17
DEQ 27-1998, f. & cert. ef. 11-13-98
DEQ 9-1996, f. & cert. ef. 7-10-96
DEQ 26-1994, f. & cert. ef. 11-2-94

340-090-0390
Waste Composition

(1) A waste composition study DEQ undertakes must consist of a representative, statistically valid sampling of Oregon's municipal solid waste. DEQ must design a protocol of standards and procedures which relate to:

(a) Developing a representative sampling plan;

(b) Applying the definition of a rigid plastic container in OAR 340-090-0330 when identifying and categorizing rigid plastic containers in the field;

(c) Maintaining quality control, including training and auditing;

(d) Performing sampling, including but not limited to sample selection, sorting, weighing; and

(e) Field data adjustments for contamination including moisture, food and other non-plastic materials.

(2) DEQ must report the findings of the waste composition study, the methodologies used and information regarding potential error.

Statutory/Other Authority: ORS 459A.025, 459A.650 - 459A.685, 459.995 & 468.020
Statutes/Other Implemented: ORS 459A.035
History:
DEQ 3-2017, f. & cert. ef. 1-19-17
DEQ 26-1994, f. & cert. ef. 11-2-94

340-090-0400
Responsibilities of a Product Manufacturer

(1)(a) A product manufacturer must be able to document that a rigid plastic container or containers comply with either the requirements of OAR 340-090-0350 or with one of the exemptions set out in OAR 340-090-0340;

(b) For any calendar year for which DEQ determines that the aggregate recycling rate for compliance purposes is at least 25 percent, a product manufacturer is not required to keep the records otherwise required by this rule.

(2) A product manufacturer's documentation that a rigid plastic container or containers comply with the provisions of OAR 340-090-0350 must include, at a minimum, the following information:

(a) Recycled content. For each container which is complies with OAR 340-090-0350(1)(a):

(A) A description of the container, including its resin type, and product; and

(B) A copy of the container manufacturer's Certificate of Compliance from each manufacturer who supplied that container.

(b) Aggregate recycling rate. The aggregate recycling rate for compliance purposes DEQ establishes must serve as the only acceptable documentation that a product manufacturer's containers comply with OAR 340-090-0350(1)(b)(A);

(c) Other recycling rates. For containers that comply with the specified type container recycling rate requirement, OAR 340-090-0350(1)(b)(B) or the product-associated container recycling rate requirement, OAR 340-090-0050(1)(b)(C):

(A) A description of the container and product;

(B) Identification of the specified-type or product-associated criteria;

(C) Documentation of the recycling rate for the type of container pursuant to OAR 340-090-0380(4) or (5);

(D) Where DEQ or the container manufacturer has calculated a recycling rate for a specified type or product-associated rigid plastic container, the product manufacturer may rely upon that rate to show that the container complies with the recycling rate requirements.

(d) Reuse and refill. For containers which comply with the reuse requirements, OAR 340-090-0350(1)(c):

(A) A description of the container and product; and

(B) Documentation of the number of times the containers are refilled or reused:

(i) The number of times a refillable container is reused is determined by review of the product manufacturer's records which show the following information for a uniform period of time:

(I) The number of returned containers actually refilled;

(II) The number of new containers added to the total number of containers used in the product manufacturer's refillable container program; and

(III) The total number of containers filled as first-use containers.

(ii) The number of times a reusable container is reused is determined by review of the product manufacturer's records which show the following information for a uniform period of time:

(I) The amount of product sold in the original container or the number of original containers sold; and

(II) The amount of replacement product sold or the number of refill units of replacement product sold.

(iii) A container must be considered to be used at least five times if it is part of a refillable system or reusable container system which has an average refill or reuse rate for that container of at least four.

(3) A product manufacturer's records that document that a rigid plastic container or containers are exempt from the requirements of OAR 340-090-0350 through -0370 must include the following information:

(a) Drugs, medical devices, medical food, and infant formula. For containers which are exempt under the provisions of OAR 340-090-0340 (2):

(A) A description that clearly identifies the container;

(B) An identification of which of the four product types will be placed in the container;

(C) For drugs:

(i) An FDA letter of approval;

(ii) Documentation of consistency between the over-the-counter drug claims and FDA requirements, (e.g., appropriate references to the FDA Final Monograph or Tentative Final Monograph under which the drug is marketed); or

(iii) Other definitive evidence that the product meets the FDA definition of a drug.

(D) For medical devices: Documentation that the device is intended to be used for diagnosis, cure, or prevention of disease or other definitive evidence that the product meets the FDA definition of a medical device under the FD&C Act (21 U.S.C. 321 (h) and following).

(E) For medical food:

(i) Documentation that the product meets the definition of medical food as defined in the FD&C Act, 1988, and is intended to be used as a medical food;

(ii) Other definitive evidence that the product meets the FDA definition of medical food; or

(iii) Documentation that the product may be labeled "may be used as the sole source of nutrition" or "may be used as the sole item of the diet."

(F) For infant formula:

(i) Documentation that the product meets the definition of infant formula as set forth in the FD&C Act and is being sold for use as infant formula; or

(ii) Other definitive evidence that the product meets the FDA definition of infant formula.

(b) Shipment out of Oregon. No documentation is required for containers that are exempt under the provisions of OAR 340-090-0340(3);

(c) Reduced containers. For containers that are exempt under the provisions of OAR 340-090-0340(5):

(A) Descriptions, including container resin type, which clearly identify:

(i) The original container before reduction; and

(ii) The reduced container.

(B) An identification of the "unit of product" pursuant to OAR 340-090-0340(5)(c) being used to develop the container/product ratio;

(C) A statement of the container/product ratio and description of how it was calculated for:

(i) The original container before reduction; and

(ii) The reduced container.

(d) Substantial Investment. For containers that are exempt under the provisions of OAR 340-090-0340(6):

(A) Identification of the class of containers and the type of recycling rate for which the exemption is being claimed;

(B) Documentation of the following:

(i) A substantial investment has been made in achieving the recycling rate;

(ii) There is a demonstrated viable market for the material from which the container is made;

(iii) The 1995 recycling rate for compliance purposes is at least 20%;

(iv) The recycling rates for the rigid plastic containers for the previous two years show evidence of increasing; and

(v) Reasonable projections indicate that the rigid plastic containers will meet the 25 percent recycling rate by January 1, 1997.

(C) A product manufacturer may rely upon DEQ’s determination of compliance with the requirements of this exemption for rigid plastic containers in the aggregate or for rigid plastic containers of specified resin type.

(e) Food containers. For containers that are exempt under the provisions of OAR 340-090-0340(7):

(A) Documentation that the container contains an article used, or intended to be used, for food, ice, confection or condiment, whether simple or compound, or any part or ingredient thereof or in the preparation thereof, and is for human consumption; and

(B) If the container is a rigid plastic bottle, documentation that the container does not contain a drinkable liquid.

(4) Product Manufacturer's Report of Compliance:

(a) Upon DEQ’s request, a product manufacturer must make a Report of Compliance available to DEQ;

(b) A product manufacturer's Report of Compliance must be submitted on forms DEQ provides and must contain the following specific information:

(A) The product manufacturer's:

(i) Name;

(ii) Address; and

(iii) Name, title, address and phone number of an official company representative.

(B) A description of the container for which compliance or exemption is claimed; and

(C) A description of the product manufacturer's records documenting compliance or exemption.

(c) A product manufacturer must comply with the following procedure and time schedule when it provides information DEQ requests:

(A) The product manufacturer must provide a Report of Compliance to DEQ within 60 days of the date of receipt of a DEQ request for the report;

(B) If DEQ finds the Report to be incomplete, DEQ may request the missing materials from the official company representative. The product manufacturer must provide missing materials from a Report of Compliance to DEQ within 30 days of the date of receipt of a DEQ request for the missing materials;

(C) After it has reviewed the Report of Compliance, DEQ may request that the product manufacturer provide all or part of the documentation described in a Report of Compliance, other records, additional information kept by the product manufacturer which is the basis for those records or any other information deemed necessary to determine compliance with the law. The product manufacturer must provide the records or other material requested to DEQ within 45 days of the date of receipt of a DEQ request for the records.

(5)(a) A product manufacturer may request an extension of the time period to submit materials DEQ requests. Such a request for extension must be in writing and received by DEQ prior to the due date of the original DEQ request. The request for extension must:

(A) Provide the product manufacturer's name and address;

(B) Provide the name, title, address, and phone number of an official company representative;

(C) State a specific length for the requested extension, not to exceed 60 days; and

(D) Show good reason for the extension.

(b) Based upon the information provided in the request for extension, DEQ may grant the extension, deny the extension or grant an extension for a lesser period of time.

(6) Records that document compliance with the requirements of OAR 340-090-0350 or exemption under the provisions of OAR 340-090-0340 must be maintained and available for audit by DEQ for a period of at least three years after the year for which compliance is documented.

(7) The Report of Compliance for a product manufacturer that can demonstrate that it sells less than 500 rigid plastic containers per day must consist of the quantity, brand name, product number, if any, and source of purchase of rigid plastic containers. These small product manufacturers are not required to keep other records of container compliance.

(8) DEQ shall consider a product manufacturer’s failure to provide a Report of Compliance or additional materials DEQ requests within the schedule set out in this rule a violation of these rules.

Statutory/Other Authority: ORS 459A.025 & 468.020
Statutes/Other Implemented: ORS 459A.65 & 459A.660
History:
DEQ 3-2017, f. & cert. ef. 1-19-17
DEQ 9-1996, f. & cert. ef. 7-10-96
DEQ 26-1994, f. & cert. ef. 11-2-94

340-090-0410
Responsibilities of a Container Manufacturer

(1)(a) A container manufacturer must be able to document that a rigid plastic container or containers comply with the requirements of OAR 340-090-0350(1)(a), (1)(b)(A), or (1)(b)(B);

(b) For any calendar year for which DEQ determines that the aggregate recycling rate for compliance purposes is at least 25 percent, a container manufacturer is not required to keep the records otherwise required by this rule.

(2) A container manufacturer's documentation that a rigid plastic container or containers comply with the provisions of OAR 340-090-0350(1)(a), (1)(b)(A) or (1)(b)(B) must include, at a minimum, the following information:

(a) Recycled content. For each container that complies with OAR 340-090-0350(1)(a):

(A) A description of the container including its resin type;

(B) Documentation of the recycled content of the type of container including:

(i) The total weight of plastic used to manufacture that type of rigid plastic container during the time period when the container was made; and

(ii) The weight of recycled material used to manufacture that type of rigid plastic container during the same time period, within a one-year period, as determined by the container manufacturer.

(b) Aggregate recycling rate. The aggregate recycling rate for compliance purposes DEQ establishes serves as the only acceptable documentation that a container manufacturer's containers comply with OAR 340-090-0350(1)(b)(A);

(c) Specified-type recycling rate. For containers that comply with the specified-type recycling rate requirement, OAR 340-090-0350(1)(b)(B):

(A) A description of the container;

(B) Identification of the specified type;

(C) Documentation of the recycling rate for the type of container pursuant to OAR 340-090-0380(4); and

(D) Where DEQ has calculated a recycling rate for a specified type of container, the container manufacturer may rely upon DEQ’s rate to show that the container complies with the rate requirements.

(3) Container manufacturer's Certificate of Compliance:

(a) A container manufacturer must make a Certificate of Compliance available to:

(A) Any product manufacturer who uses containers from that container manufacturer and makes products in those containers available for sale in Oregon; and

(B) DEQ, upon request, only if not otherwise available from the product manufacturer.

(b) A container manufacturer's Certificate of Compliance must contain the following information:

(A) The container manufacturer's:

(i) Name;

(ii) Address; and

(iii) Name, title, address and phone number of an official representative.

(B) A description of the container or containers for which compliance or exemption is claimed; and

(C) A description of the container manufacturer's records documenting compliance.

(c) If, after review of the container manufacturer's Certificate of Compliance, DEQ determines that the information provided in the Certificate is not adequate to document that a container or containers comply with OAR 340-090-0350 through 0370, DEQ may:

(A) Request that the product manufacturer provide all or part of the documentation described in a Certificate of Compliance, other records, or additional information the container manufacturer keeps that is the basis for those records and any other information deemed necessary to determine compliance with the law. Within 15 days of this request, the product manufacturer must notify DEQ whether it will provide the requested information or if DEQ must request it directly from the container manufacturer. If the product manufacturer notifies DEQ it will satisfy the request, the manufacturer must provide the records or other material requested to DEQ within 45 days of the date of the product manufacturer's notification;

(B) If the product manufacturer cannot provide adequate documentation or other information DEQ requests within the time frame in (A) above, then DEQ may request such information directly from the container manufacturer.

(d) A container manufacturer must comply with the following procedure and time schedule when it provides information DEQ requests:

(A) The container manufacturer must provide a Certificate of Compliance to DEQ within 60 days of the date of receipt of a DEQ request for the Certificate;

(B) If DEQ finds the Certificate to be incomplete, DEQ may request the missing materials from the official company representative. The container manufacturer must provide missing materials from a Certificate of Compliance to DEQ within 30 days of the date of receipt of a DEQ request for the Certificate;

(C) After it has reviewed the Certificate of Compliance, DEQ may request that the container manufacturer provide all or part of the documentation described in a Certificate of Compliance, other records, or additional information kept by the container manufacturer that is the basis for those records and any other information deemed necessary to determine compliance with the law. The container manufacturer must provide the records or other material requested to DEQ within 45 days of the date of receipt of a request for the records.

(4)(a) A container manufacturer may request an extension of the time period to submit materials DEQ requests. Such a request for extension must be in writing and be received by DEQ before the due date of DEQ’s original request. The request for extension must:

(A) Provide the container manufacturer's name and address;

(B) Provide the name, title, address, and phone number of an official company representative;

(C) State a specific length for the requested extension, not to exceed 60 days; and

(D) Show good reason for the extension.

(b) Based upon the information provided in the request for extension, DEQ may grant the extension, deny the extension, or grant an extension for a lesser period of time.

(5) Records that document compliance with the requirements of OAR 340-090-0350 or exemption under the provisions of OAR 340-090-0340 must be maintained and available for audit by DEQ for a period of at least three years after the year for which compliance is documented.

(6) DEQ will consider a container manufacturer’s failure to provide the following a violation of these rules:

(a) A Certificate of Compliance to a product manufacturer; or

(b) A Certificate of Compliance or additional materials to DEQ as requested and within the schedule set out in this rule.

(7) DEQ, at its discretion, may audit the container manufacturer directly to determine compliance with these rules.

Statutory/Other Authority: ORS 459A.025 & 468.020
Statutes/Other Implemented: ORS 459A.655 & 459A.660
History:
DEQ 18-2023, amend filed 11/17/2023, effective 11/17/2023
DEQ 3-2017, f. & cert. ef. 1-19-17
DEQ 9-1996, f. & cert. ef. 7-10-96
DEQ 26-1994, f. & cert. ef. 11-2-94

340-090-0420
Confidential Information Procedure

(1) DEQ may not disclose to the public records provided to DEQ if:

(a) The records contain trade secrets as defined in ORS 192.501(2) or 646.461(2);

(b) The records, or the applicable portions thereof, are clearly identified as trade secrets; and

(c) The person claiming trade secret status for specific information has provided substantiation as to why the material is a trade secret.

(2)(a) DEQ must notify the person who requests confidentiality if a request is received to disclose those records. The notice must:

(A) Be delivered at least 15 days before DEQ discloses any of the records;

(B) Include a copy of any written request or a summary of any oral request for disclosure; and

(C) State how DEQ intends to respond to the request.

(b) If a product or container manufacturer wishes to defend their trade secret claim, the manufacturer must respond with a written justification for the basis of their trade secrets claim. Such justification must be delivered to DEQ within 15 days of DEQ’s notice of a request to disclose those records.

(3)(a) DEQ will notify the product manufacturer of any information requested directly from the container manufacturer;

(b) Upon request from the product manufacturer, DEQ will make available to the product manufacturer copies of records received from the container manufacturer concerning that product manufacturer, except as provided in section (2) of this rule, so that the product manufacturer may identify which of the records, if any, contain trade secrets of the product manufacturer;

(c) If the product manufacturer complies with section (1) of this rule with respect to the records of a container manufacturer, DEQ must follow the provisions in section (2) of this rule if it receives any request to disclose those records.

Statutory/Other Authority: ORS 459A.025, 459A.650 - 459A.685, 459.995 & 468.020
Statutes/Other Implemented: ORS 459A.010
History:
DEQ 3-2017, f. & cert. ef. 1-19-17
DEQ 26-1994, f. & cert. ef. 11-2-94

340-090-0430
Violations

(1) Violations of these rules are punishable as provided in ORS Chapter 459.995 and pursuant to OAR 340-012-0042 and 0065.

(2) DEQ may not enforce the provisions of ORS 459A.650 to 459A.660 during the first full calendar year after DEQ determines for the first time that the aggregate recycling rate for compliance purposes is less than 25 percent.

(3) DEQ may not enforce the provisions of ORS 459A.650 to 459A.660 until January 1, 1998. After that time DEQ must take enforcement action for violations of ORS 459A.650 to 459A.660 occurring on or after January 1, 1998.

Statutory/Other Authority: ORS 459A.025 & 468.020
Statutes/Other Implemented: ORS 459A.660 & Ch. 584 OL 1995
History:
DEQ 18-2023, amend filed 11/17/2023, effective 11/17/2023
DEQ 3-2017, f. & cert. ef. 1-19-17
DEQ 9-1996, f. & cert. ef. 7-10-96
DEQ 26-1994, f. & cert. ef. 11-2-94

340-090-0510
Mercury Thermostat Labeling

The following administrative rule establishes standards for labeling mercury-containing thermostats as ORS 459.045(3)(b) requires relating to the implementation of ORS 646.608(1)(y). The purpose of this rule is to provide sufficient information to purchasers of thermostats to ensure that the mercury contained in the thermostats does not become part of the solid waste stream or wastewater.

(1) As used in this rule, "thermostat" and "mercury-containing thermostat" mean a device commonly used to sense and, through electrical communication with heating, cooling, or ventilation equipment, control room temperature.

(2) All mercury-containing thermostats sold in Oregon must meet the following labeling requirements:

(a) The mercury-containing thermostat must have a label that contains the following information:

(A) The wording "Contains Mercury. Manage Properly."

(B) An icon containing the symbol of a person dropping an object into a trashcan with a circle and slash overprinted on the image, indicating "Do not dispose in trash".

(b) The label must be affixed to the product so that the label is clearly visible and legible. The font size for print on the label must be no smaller than 10 point.

(c) The label affixed to the product must be printed, mounted, molded, engraved or otherwise affixed, using materials that are sufficiently durable to remain legible for the useful life of the product.

(d) If the product is sold in packaging that obscures the label on the product, then the packaging also must have a label meeting the same standards as the product label. If, prior to the sale, a retailer re-packages the product, then the retailer must label the new packaging in accordance with this rule.

(3) Failure to meet the provisions of this rule may result in enforcement under the provisions of the Unlawful Trade Practices Act, ORS 646.605 to 625.

Statutory/Other Authority: 459.045
Statutes/Other Implemented: 646.608(1)(y)
History:
DEQ 3-2017, f. & cert. ef. 1-19-17
DEQ 7-2002, f. & cert. ef. 6-11-02

340-090-0600
Purpose and Applicability

OAR 340-090-0610 to 0810 implement the Plastic Pollution and Recycling Modernization Act, ORS 459A.860 to 459A.975. These rules also describe Producer Responsibility Organization obligations, standards and methods for local government compensation, and the recycling acceptance lists. The rules relate to the requirements of ORS 459A.869, 459A.872, 459A.875, 459A.878, 459A.881, 459A.884, 459A.890, 459A.896, 459A.914, and 459A.926.

Statutory/Other Authority: ORS 459A.975 & 468.020
Statutes/Other Implemented: ORS 459A.860 - 459A.975
History:
DEQ 18-2023, adopt filed 11/17/2023, effective 11/17/2023

340-090-0610
Definitions

Unless the context requires otherwise, terms used in OAR 340-090-0610 to 0810 have the meanings provided by 459A.863.

Statutory/Other Authority: ORS 459A.975 & 468.020
Statutes/Other Implemented: ORS 459A.860 - 459A.975
History:
DEQ 18-2023, adopt filed 11/17/2023, effective 11/17/2023

340-090-0620
Effective Date

(1) The following rules which relate to requirements of a producer responsibility organization plan are effective upon filing with the Secretary of State:

(a) OAR 340-090-0640(2)(e)(F), (2)(h) and (6).

(b) OAR 340-090-0650(1)(a), (1)(e) and (2)(b).

(c) OAR 340-090-0660(2)(b).

(d) OAR 340-090-0670(2)(d), (3)(b) and (3)(e).

(e) OAR 340-090-0720.

(f) OAR 340-090-0750.

(g) OAR 340-090-0780.

(h) OAR 340-090-0790.

(i) OAR 340-090-0810(1)(a).

(2) The following rules which relate to producer responsibility organization fees, interim coordination, modified market share, producer definition, producer pre-registration, covered products and local government identification of service providers are effective upon filing with the Secretary of State:

(a) OAR 340-090-0680.

(b) OAR 340-090-0690.

(c) OAR 340-090-0700(2).

(d) OAR 340-090-0800(3).

(e) OAR 340-090-0840.

(f) OAR 340-090-0860.

(g) OAR 340-090-0870.

(3) All other rules in OAR 340-090-0630 to 0830, OAR-340-090-0850, OAR 340-090-0900 to 0940 and the amendments to OAR 340-090-0005 to 0430 are effective on July 1, 2025.

Statutory/Other Authority: ORS 459A.975 & 468.020
Statutes/Other Implemented: ORS 459A.860 - 459A.975
History:
DEQ 20-2024, amend filed 11/24/2024, effective 11/24/2024
DEQ 18-2023, adopt filed 11/17/2023, effective 11/17/2023

340-090-0630
Recycling Acceptance Lists

(1) Recycling list definitions. For purposes of the recycling acceptance lists under sections 2 and 3 of this rule, the terms below have the following meanings:

(a) “Aerosol can” has the same meaning found in 40 CFR 273.9.

(b) “Aseptic carton” means a shelf-stable package made for a food or beverage product that is made mainly of paperboard, but also includes protective layers of polyethylene and aluminum.

(c) “Bottle” means a rigid container with or without a handle and with a neck or mouth smaller than the base.

(d) “Cap” means a rigid closure for tubs or bottles that has a fastening feature that involves threads.

(e) “HDPE” means high density polyethylene.

(f) “Lid” means a rigid closure for tubs that has a fastening feature other than threads.

(g) “Non-metallized gift wrap” means paper gift wrap devoid of non paper additives like metal flakes, glitter, metalized mylar or any similar material.

(h) “PE” means polyethylene and includes HDPE, low density polyethylene and linear low density polyethylene.

(i) “PET” means polyethylene terephthalate.

(j) “PP” means polypropylene.

(k) “Pressurized cylinder" means any packaging containing flammable pressurized gas, helium or carbon dioxide, including, but not limited to, seamless cylinders and tubes, welded cylinders and insulated cylinders intended to contain helium, carbon dioxide or flammable materials such as propane, butane or other flammable compressed gases. "Pressurized cylinder" does not include:

(A) any cylinder, tube or container intended to deliver a product that is not a compressed gas;

(B) liquified petroleum gas containers that are designed to be refilled;

(C) any other cylinder, tube or container that is designed to be refilled and which has an active and functioning exchange system that normally causes the cylinder, tube or container to be refilled, reused, or refurbished, unless the cylinder, tube or container is damaged and not appropriate to be subsequently refilled, reused, or refurbished;

(D) any cylinder, tube or container that contains pure oxygen or hydrogen;

(E) fire extinguishers;

(F) aerosol cans; or

(G) a storage tank that is permanently fixed in location.

(l) “Recycle-compatible coating” means a water-soluble barrier that can be used on fiber-based packaging that does not negatively impact the recyclability of that packaging.

(m) “Scrap metal” means ferrous and non-ferrous waste metal, metallic material, electrical wiring and any product that contains at least 50 percent metal by weight and that is capable of being recycled. Scrap metal includes major appliances that contain refrigerants.

(n) “Tub” means a rigid container that has a neck or mouth similar in size to its base. “Tub” does not include a clamshell or similar container with a lid that is affixed to the base using a hinge or similar mechanism.

(2) Local Government Recycling Acceptance List. The following material must be collected pursuant to ORS 459A.005 and ORS 459A.914(1)(a) to provide the opportunity to recycle:

(a) Corrugated cardboard; uncoated or coated with recycle-compatible coating; including pizza boxes;

(b) Paper bags and mailing envelopes, excluding those with a plastic liner;

(c) Paperboard boxes and packaging, such as cereal, cracker and medicine boxes, excluding any non-paper flexible packaging inside such boxes or packaging, and excluding any polycoated paperboard packaging that is used for refrigerated or frozen food products;

(d) Polycoated cartons (for example milk cartons) and aseptic cartons;

(e) Molded pulp packaging, excluding food serviceware that is designed to be in direct contact with food;

(f) Tissue paper used for packaging;

(g) Non-metalized gift wrap;

(h) All printing and writing paper, including newspaper, newsprint, newspaper inserts, magazines, catalogs, similar glossy paper, telephone directories, ledger, bond, copy and printer paper, notebook paper, envelopes, cards, mail, and items made of such paper and bound with staples, and paperback books, but excluding thermal paper and hardcover books;

(i) File folders and hanging files;

(j) Plastic that fits loosely in the generator’s provided on-route collection container, excluding any such item that was used to contain or store motor oil, antifreeze, or other automotive fluids, pesticides or herbicides, or other hazardous materials (flammable, corrosive, reactive, toxic), as follows:

(A) Plastic bottles that measure at least two inches in each of two or more dimensions, including caps if screwed on, made of the following materials:

(i) PET (#1) (clear only);

(ii) HDPE (#2); and

(iii) PP (#5)

(B) Plastic tubs that measure at least two inches in each of two or more dimensions, including caps if screwed on, made of the following materials:

(i) PET (#1);

(ii) HDPE (#2); and

(iii) PP (#5)

(C) Plastic buckets, pails, and storage containers, including lids if snapped on, made of the following materials:

(i) HDPE (#2); and

(ii) PP (#5)

(D) Nursery (plant) packaging, such as pots and trays, made of the following materials:

(i) HDPE (#2); and

(ii) PP

(k) Aluminum food, pet food, beverage cans, and other non-food cans;

(l) Steel and bi-metal cans, including empty or dry metal paint cans;

(m) Scrap metal weighing less than 10 pounds and smaller than 18” in length, excluding sharp items (for example knives) and bicycle chains, electrical wiring and other wires, and other similar items likely to cause tangling;

(n) Other scrap metal;

(o) Motor oil; and

(p) Glass bottles and jars, but only from non-residential sources and only in the Metro wasteshed (this requirement is in addition to the requirements for glass recycling under section 3 of this rule).

(q) Yard debris, but only in the Metro wasteshed.

(3) Producer Responsibility Organization Recycling Acceptance List. The following materials are designated as covered products of which a producer responsibility organization must provide for the collection as provided in ORS 459A.896(1):

(a) Steel and aluminum aerosol cans, effective January 1, 2028;

(b) Aluminum foil and products made of pressed aluminum foil;

(c) Shredded paper;

(d) Polyethylene film and packaging that is:

(A) made of polyethylene film containing a minimum of 90 percent polyethylene and copolymers by weight,

(B) free of intentionally added PET, PVC, PVDC, paper, aluminum, degradable polymers and degradable additives, and

(C)  free of or including flexible seals, closures or dispensers if they are made of polyethylene and contribute less than 10 percent of the total package, by weight, or no more than 20 percent for flexible PE seals or closures.

(e) Plastic buckets and pails made of HDPE (#2) or PP (#5) and the lids of such items, but excluding such items if used to contain or store motor oil, antifreeze, or other automotive fluids, pesticides or herbicides, or other hazardous materials (flammable, corrosive, reactive, toxic);

(f) Glass bottles and jars;

(g) Block white expanded polystyrene;

(h) PE and PP lids and caps;

(i) HDPE package handles (for example 6-pack handles); and

(j) Pressurized cylinders, effective January 1, 2028.

(4) The materials listed in Section 2 of this rule must be collected as follows:

(a) The materials listed in subsections (a) through (o) must be collected at depots as part of the opportunity to recycle pursuant to ORS 459A.005 and 459A.007;

(b) The materials listed in subsections (a) through (m) are also designated for recycling collection from collection service customers as described in ORS 459A.005(1)(a)(A) and ORS 459A.863(25)(a) to (c);

(c) The materials listed in subsection (p) must be collected from non-residential collection service customers as part of routine collection service described in ORS 459A.005(1)(a)(A) and ORS 459A.863(25)(b), but only in the Metro wasteshed;

(d) The materials listed in subsection (q) must be collected at depots as part of the opportunity to recycle pursuant to ORS 459A.005(1)(a)(A) and from collection service customers as described in ORS 459A.005(1)(a)(A) and ORS 459A.863(25)(a) and (b), but only in the Metro wasteshed; and

(e) The materials listed in subsections (a) through (m) are suitable for commingled collection and are included in the Uniform Statewide Collection List.

(f) In accordance with this subsection, a local government may submit a request for additional time to meet the obligation to collect materials on the Uniform Statewide Collection List pursuant to section 2 of this rule to DEQ for approval, if the local government’s ability to successfully collect the materials is dependent on the local government receiving funding for trucks, containers, or a reload facility requested from a producer responsibility organization through the 2023 needs assessment, pursuant to ORS 459A.890(8), and the local government has not yet received the funding. The local government must provide any information requested by DEQ to review the local government’s request and describe to the satisfaction of DEQ the local government’s process and timeline for complying with the obligation to collect all materials on the Uniform Statewide Collection List pursuant to section 2 of this rule. DEQ may approve the request, with or without conditions, if it determines that the local government’s ability to successfully collect the materials that are the subject of the request is dependent on the local government receiving funding for trucks, containers, or a reload facility requested from the producer responsibility organization through the 2023 needs assessment, pursuant to ORS 459A.890(8), and the local government has not yet received the funding.

(g) A producer responsibility organization may propose additions to the Uniform Statewide Collection List as provided in ORS 459A.914(4)(b). To be considered by the department, such a proposal must address, for each material proposed for addition, each of the considerations contained in ORS 459A.914(3).

(5) Materials on either the Local Government Recycling Acceptance List pursuant to Section (2) of this rule or the Producer Responsibility Organization Recycling Acceptance List pursuant to Section (3) of this rule, including two or more materials listed in Section (2), two or more materials listed in Section (3), as well as materials from both Sections (2) and (3), may be collected mixed together in the same container at a recycling depot provided that the following conditions are met:

(a) The combined materials do not need to be separated into individual materials in order to be sent to a responsible end market; or

(b) Separation of the combined materials occurs at a location other than a commingled recycling processing facility.

(6) Materials on the Producer Responsibility Organization Recycling Acceptance List, pursuant to Section (3) of this rule, are not subject to the requirements of ORS 459A.070(1), provided that a producer responsibility organization may not charge for collection of such materials, in accordance with OAR 340-090-0650(1)(b).

(7) If, prior to July 1, 2025, a local government is collecting materials listed in Section (3) of this rule as part of a commingled recycling program, the local government may submit a request to continue to collect such materials in commingled recycling until such time as the producer responsibility organization has met the convenience standard pursuant to OAR 340-090-0640(2) and OAR 340-090-0640(6). Neighboring local governments may submit a joint request that includes approval from all jurisdictions. The submission must provide any information requested by DEQ and describe to the satisfaction of DEQ the local government’s process and timeline for complying with the obligation to only include materials on the Uniform Statewide Collection List in its commingled recycling program. DEQ may request conditions of approval to address concerns related to specific materials. For example, to approve a request to continue to collect aerosol containers, DEQ may require local governments to conduct focused customer education to message the importance of ensuring aerosol containers are empty.

[Note: ORS 459A.914(4)(b) authorizes additions to the Uniform Statewide Collection List through methods other than rulemaking. Materials not on the Uniform Statewide Collection List shall not be collected commingled with other materials per ORS 459A.914(5). The Uniform Statewide Collection List consists of materials designated in (e) above plus additional materials approved by DEQ pursuant to ORS 459A.914(4)(b). For the full list of materials on the Uniform Statewide Collection List consult Oregon Department of Environmental Quality’s Materials Management Program.]

Statutory/Other Authority: ORS 459A.975 & 468.020
Statutes/Other Implemented: ORS 459A.860 - 459A.975
History:
DEQ 11-2026, temporary amend filed 09/14/2026, effective 07/01/2027 through 12/27/2027
DEQ 20-2024, amend filed 11/24/2024, effective 11/24/2024
DEQ 25-2023, minor correction filed 12/05/2023, effective 12/05/2023
DEQ 18-2023, adopt filed 11/17/2023, effective 11/17/2023

340-090-0640
Convenience Standards

(1) For purposes of ORS 495A.896(1) and this rule:

(a) An existing recycling depot or drop off center is any place located in Oregon that accepts any recyclable material from the general public at the time the producer responsibility organization submits its most recent Program Plan or plan amendment, and which also meets at least one of the following five criteria:

(A) The recycling depot or drop off center is used by a local government to satisfy the requirement in ORS 459A.005(1)(a)(A) to provide a place for collecting source separated recyclable material, including the materials on the uniform statewide collection list established under ORS 459A.914 designated for collection at a recycling depot, located either at a disposal site or at another location more convenient to the population being served.

(B) The recycling depot or drop off center is used by a local government to satisfy the optional opportunity to recycle program element described in ORS 459A.007(1)(g).

(C) The recycling depot or drop off center is operated by or at the direction of a Tribal government.

(D) The recycling depot or drop off center is located at a site that operates under a valid solid waste permit issued by the DEQ.

(E) The recycling depot or drop off center is operated by or at the direction of a local government or a local government’s service provider, as defined in ORS 459A.863(12).

(b) For purpose of satisfying obligations under ORS 459A.896, it is possible for a producer responsibility organization to contract with an existing recycling depot or drop off center to provide for collection of a covered product or products if the recycling depot or drop off center meets all the following conditions:

(A) The operator of the existing recycling depot or drop off center is willing to contract to provide collection service on behalf of the producer responsibility organization.

(B) The operator of the existing recycling depot or drop off center commits to meet and is meeting all performance standards and other requirements on the producer responsibility organization and to provide collection service on behalf of the producer responsibility organization.

(C) The annual cost to the producer responsibility organization to contract for collection and recycling of a material or set of materials with the recycling depot or drop off center does not exceed 110 percent of the cost the producer responsibility organization would otherwise pay to provide a collection point for that material or set of materials.

(D) The operator of the existing recycling depot or drop off center demonstrates to the producer responsibility organization that the cost of reimbursement it requests are reasonable and only pays for additional costs associated with collection of the additional materials. An existing recycling depot or drop off center and a producer responsibility organization will resolve any disputes concerning the reasonableness of reimbursement costs through the dispute resolution process described in ORS 459A.875(2)(e).

(c) An existing recycling depot or drop off center that contracts with a producer responsibility organization pursuant to ORS 459A.896(1) must meet all relevant requirements of the producer responsibility organization, including performance standards as described in OAR 340-090-0650 and requirements for responsible end market disposition (ORS 459A.896(2)).

(d) For purposes of paragraphs (a)(A) and (B) of this section, if a local government has more than the minimum number of depots or drop off centers required by ORS 459A.005(1)(a)(A) or 459.007(1)(g) the local government must inform a producer responsibility organization, upon request, which depots or drop off centers are being used to meet the requirements of ORS 459A.005(1)(a)(A) or 459.007(1)(g). If a local government fails to provide the information within 90 days of a request DEQ may, after consulting with the local government and producer responsibility organization, determine which depots or drop off centers are being used to meet the requirements of ORS 459A.005(1)(a)(A) or 459.007(1)(g).

(e) If a recycling depot or drop off center that does not meet the requirements of subsection (a) of this section subsequently comes into compliance with those requirements a producer responsibility organization must contract with the recycling depot or drop off center within 12 months of the recycling depot or drop off center meeting the requirements of subsection (a) of this section, provided that the recycling depot or drop off center also meets the other requirements of this section. If the addition of the recycling depot or drop of center results in the producer responsibility organization exceeding the minimum number of collection points required by subsections (2)(d) to (f) of this rule the producer responsibility organization may discontinue service at another collection point in the same community, subject to the requirements of section 4 of this rule.

(f) If a producer responsibility organization determines that it is not possible to contract with an existing recycling depot or drop off center pursuant to subsection (2)(a) of this rule, due to the exceedance of the price premium cap in paragraph (1)(b)(C) of this rule, DEQ may request financial information from both the producer responsibility organization and the existing facility to verify that the cap would be exceeded. A producer responsibility organization must provide the information requested by DEQ and may not prohibit, by nondisclosure agreement or other mechanism, the sharing of the requested information by the existing facility.

(2) Minimum number of collection points. For purposes of this section a collection point is a location that accepts from the public one or more materials on the Producer Responsibility Organization Recycling Acceptance List pursuant to OAR 340-090-0630(3) and which meets all performance standards as described in OAR 340-090-0650. A producer responsibility organization must provide the following minimum number of collection points:

(a) A producer responsibility organization must provide for collection and recycling of all covered products on the producer responsibility organization acceptance list, pursuant to OAR 340-090-0630(3), at any existing recycling depot or drop off center where it is possible, as provided by subsection 1(b) of this rule.

(b) A producer responsibility organization must meet the base convenience standard described in paragraphs (d)(A), (d)(B) and (e)(A) and (B) of this section for every material described in the producer responsibility organization recycling acceptance list, pursuant to OAR 340-090-0630(3), except as provided by subsection (c) of this section.

(c) A producer responsibility organization must meet the enhanced convenience standard described in in paragraphs (d)(A), (d)(C) and (e)(C) and (D) of this section for the materials identified in OAR 340-090-0630(3)(d) – (f), (h) and (i).

(d) Collection points in counties.

(A) A producer responsibility organization must provide at least one collection point in every county for every covered product on the producer responsibility organization acceptance lists.

(B) For each material subject to the base convenience standard in subsection (b) of this section, a producer responsibility organization must provide one additional collection point as follows:

(i) For Clackamas, Multnomah and Washington counties, one additional collection point for every 60,000 residents of that county.

(ii) For all other counties, one additional collection point for every 40,000 residents of that county.

(C) For each material designated for enhanced convenience pursuant to subsection (c) of this section, a producer responsibility organization must provide one additional collection point as follows:

(i) For Clackamas, Multnomah and Washington counties, one additional collection point for every 45,000 residents of each county.

(ii) For all other counties, one additional collection point for every 30,000 residents of that county.

(D) Where the required number of collection points for a county exceeds the sum of the collection points required by subsections (a) and (e) of this section, the additional collection points shall be located in unincorporated areas of the county. The producer responsibility organization shall consult with the county government and consider areas recommended by the county for placement of such collection points.

(e) Collection points in cities.

(A) For every material subject to the base convenience standard in subsection (b) of this section, a producer responsibility organization must provide for at least one collection point:

(i) In each city in Clackamas, Multnomah and Washington counties with a population of 14,000 or more residents; and

(ii) In all other cities with a population of 7,000 or more residents.

(B) For every material subject to the base convenience standard in subsection (b) of this section, a producer responsibility organization must provide additional collection points in a city as follows:

(i) For cities in Clackamas, Multnomah and Washington counties, one additional collection point for every 75,000 residents of the city; and

(ii) In all other cities one additional collection point for every 35,000 residents of the city.

(C) For each material designated for enhanced convenience, pursuant to subsection (c) of this section, a producer responsibility organization must provide at least one collection point as follows:

(i) In cities in Clackamas, Multnomah and Washington counties with a population of 8,000 or more residents; and

(ii) In all other cities with a population of 4,000 or more residents.

(D) A producer responsibility organization must provide one additional collection point in a city for every covered product designated for enhanced convenience:

(i) For cities in Clackamas, Multnomah and Washington counties, one collection point for every 50,000 residents of the city; and

(ii) For all other cities one collection point for every 30,000 residents of the city.

(E) If more than one collection point for any material is required within a single city, the producer responsibility organization shall locate the collection points within the city so that no major sections of the city lack convenient service relative to other areas of the city. A producer responsibility organization must coordinate with DEQ to meet the requirements of this paragraph.

(F) If more than one collection point for any material is provided within a single city, at least 50 percent of all collection points for each material used to satisfy subsection (2)(e) of this rule shall be located in such a way as to be convenient to users of transit service, if the city is served by transit service. The producer responsibility organization shall describe in its program plan how this requirement is satisfied.

(f) A producer responsibility organization must provide sufficient collection points for all materials on the producer responsibility organization acceptance list such that 95 percent of all residents of Oregon live within 15 miles of a collection point.

(g) A producer responsibility organization may use the same collection points to meet the requirements of subsections (a), (d), (e) and (f).

(h) A producer responsibility organization must describe in its program plan how it will provide enhanced access to recycling of materials on the producer responsibility organization acceptance list for populations that may otherwise find it difficult to participate in service at collection points (for example valet service for vehicle users in wheelchairs and partnering with service organizations that work with homebound populations).

(3) Days and hours of operation. Collection points described in Section 2 of this rule must be available to the public as follows:

(a) If the collection point is co-located with a “parent” facility (for example a retailer if return-to-retail, or an existing depot) the same hours of operation as that parent facility is open.

(b) For all other collection points (stand-alone sites) 4 days per week (with exceptions provided for on legal holidays), at least one of which must be Saturday or Sunday and at least 8 hours each of those 4 days.

(4) Notification of changes and continuity of services.

(a) Except as provided by subsection (c) of this section, a producer responsibility organization must provide DEQ and a collection point operator at least three months’ notice in writing if a producer responsibility organization closes a collection point. The producer responsibility organization must also provide a concurrent notice to users of the collection point using prominently placed signage at the collection point location and on a website used by the producer responsibility organization for promotion with the public. Collection point closure notices must include the following information:

(A) Date of service discontinuation; and

(B) Alternative collection point location(s) or service information.

(b) Except as provided by subsection (c) of this section, if a collection point that a producer responsibility organization is using to satisfy the requirements of subsection (2)(a) of this rule no longer meets any of the conditions of subsection (1)(b) of this rule, the producer responsibility organization must not discontinue service until one of the following occurs:

(A) The contract with the site operator expires;

(B) The program plan period ends; or

(C) The parties reach mutual agreement.

(c) A producer responsibility organization may close a collection point for or discontinue acceptance of pressurized cylinders or aerosol cans without three months’ notice in writing if:

(A) the collection point operator is an entity other than the producer responsibility organization;

(B) the collection point is not in compliance with contractual terms related to environmental protection or human health;

(C) The producer responsibility organization provides prior notice of its intention to discontinue the collection point; and

(D) The collection point does not promptly correct the issue.

(d) If a producer responsibility organization discontinues service pursuant to subsection (c) it shall notify DEQ as soon as possible and provide notice to users of the collection site.

(5) If a covered product on a producer responsibility organization’s recycling acceptance list pursuant to administrative rule is subsequently added to the uniform statewide collection list pursuant to ORS 459A.914(4)(b), a producer responsibility organization must meet obligations for collection as follows:

(a) only at existing recycling depots or drop off centers, as provided by subsection (2)(a) of this rule; and

(b) only if the depot or drop off center is continuing to collect the covered product separately from other materials.

(6) Alternative compliance.

(a) A producer responsibility organization may propose an alternative to the requirements of section 2 of this rule in writing in the producer responsibility organization program plan or an amendment to the plan for approval by the department. If the alternative results in a city or county receiving fewer collection points than required by section 2 of this rule, the producer responsibility organization must demonstrate that it has consulted with the city or county regarding the proposed alternative approach.

(b) If a producer responsibility organization proposes to use collection events as an alternative to the requirements of section 2 of this rule, such events must be predictable (fixed set of locations on a regular schedule and promoted far in advance); and widely advertised.

(c) DEQ will assess an alternative compliance proposal during program plan review against the following criteria:

(A) Impact on the achievement of collection targets,

(B) Impacts on equitable access to and provision of recycling across regions and diverse populations;

(C) Demonstrated support of relevant local government(s) for the proposal; and

(D) Environmental outcomes.

(7) DEQ may approve a temporary variance to the requirements of sections (2) and (3) of this rule.

Statutory/Other Authority: ORS 459A.975 & 468.020
Statutes/Other Implemented: ORS 459A.860 - 459A.975
History:
DEQ 20-2024, amend filed 11/24/2024, effective 11/24/2024
DEQ 18-2023, adopt filed 11/17/2023, effective 11/17/2023

340-090-0650
Performance Standards

(1) Performance standards generally. In providing for the collection and responsible recycling of covered products pursuant to ORS 459A.896(1), a producer responsibility organization must ensure that the following performance standards are met:

(a) Methods. A producer responsibility organization’s program plan must provide for how the producer responsibility organization will achieve and maintain collection targets provided by OAR 340-090-0640, convenience standards provided by OAR 340-090-0650, and performance standards. For performance standards, the program plan shall include a description of how the producer responsibility organization will monitor sites and services on a regular basis to ensure compliance with, and reporting to DEQ in a timely manner of any deviations from the program plan and performance standards under this rule.

(b) Free to the public. No fee shall be charged to users of any depot or drop off services, collection events or collection services as provided under ORS 459A.896(1)(a) through (c). If depot collection is provided at a location that normally charges users to access the site (such as a gate fee at a solid waste transfer station), the producer responsibility organization must arrange to waive the fee for the delivery of any covered products on the producer responsibility organization recycling acceptance list.

(c) Promotion. A producer responsibility organization must promote the availability of collection opportunities, how to properly prepare materials for recycling and how to utilize collection opportunities. Such promotion must use methods and materials that are clear, culturally relevant, accessible, and understandable to diverse audiences. A producer responsibility organization must make available to the public through a website that is maintained and available in multiple languages the location and hours of operation for all collection points, and information on how to properly prepare materials for collection.

(d) Accessibility. All collection services shall be reasonably accessible for users of diverse abilities, and safe to interact with for users and service operators. Collection points that are co-located with other services, such as those located inside retail businesses, shall be conveniently located and easy for users to find. Collection receptacles shall be emptied on an adequate basis such that users can deliver materials without creating an overflow situation that obstructs access, inhibits use, or creates an obstacle to pedestrian or vehicular traffic.  Sites that are unstaffed during some or all hours of operation shall provide a prominently featured hotline number and protocols for quickly responding to concerns regarding site safety, environmental impacts, or accessibility.

(e) Contamination prevention and management. Collection services shall be offered and operated in ways that minimize acceptance of contamination, and that minimize the presence of contamination in outbound materials. A producer responsibility organization’s program plan must include protocols for managing materials that are not on the producer responsibility organization recycling acceptance list but that are delivered to collection points or events. Such protocols must include screening and then accepting and managing the contamination appropriately, rejecting the contamination or both, and must also include providing service users with information on proper recycling or disposal options for non-accepted materials. If contamination of accumulated covered products delivered for recycling is so significant that the producer responsibility organization or its contractor elects to dispose of them, the producer responsibility organization shall, within three business days of disposal, report to the department the disposal, the amount of material disposed and reasons for disposal, and actions the producer responsibility organization will take to better prevent and manage contamination and prevent a reoccurrence at that location. The producer responsibility organization will also report the disposal of covered products in its quarterly material disposition report required by ORS 495A.887(6).

(f) Quality assurance. Collection services must be operated in a manner that maintains the quality and marketability of collected materials, including collection of materials indoors or under cover when appropriate.

(g) Litter mitigation. Collection services and associated handling of collected material must be operated in a manner to prevent litter and any other pollution to air or water.

(h) Self-reporting. A producer responsibility organization must report to DEQ, within 2 business days, any incidents that substantially impact the availability or quality of service, or which require the presence of emergency responders (for example police, medical or fire).

(i) Additional materials. A producer responsibility organization must provide written notice of its intent to accept any materials not described in OAR 340-090-0630(3) at any collection points used to satisfy the requirements of OAR 340-090-0640 at least six months prior to promotion of such acceptance to the public. Prior to promoting to the public such acceptance, a producer responsibility organization must complete the step provided by OAR 340-090-0670(3)(a)(A) and submit properly completed screening assessment forms to the department.

(2) Additional performance standards for collection events. In addition to the performance standards in section 1 of this rule, a producer responsibility organization must meet the following performance standards for collection events:

(a) Public education and outreach. A producer responsibility organization shall coordinate with relevant local governments and service providers regarding public outreach and promotion in advance of any collection event.

(b) Staffing and resourcing. A producer responsibility organization shall include in its program plan detailed policies and processes to ensure adequate staffing, managing traffic flow, ensuring safety, and contingency plans for responding to larger-than-expected turnout.

(3) Material specific performance standards. A producer responsibility organization must meet the following additional performance standards when managing the materials listed in this section:

(a) Block white Expanded Polystyrene (EPS):

(A) Collection and transportation of EPS must be conducted in a manner designed to reduce life cycle environmental impacts. Collected EPS shall be densified (compressed into a brick-like form, with most air removed), as described in paragraph B of this subsection, before transporting EPS a distance greater than 75 miles. An alternative threshold distance may be used if approved by DEQ in a producer responsibility organization’s program plan.

(B) EPS shall be densified using technologies described in the producer responsibility organization’s program plan after consideration of impacts on yield, transport quantities (density), and worker safety and exposure. Densification shall occur in a manner that minimizes worker exposure to air toxics. A producer responsibility organization may only use thermal densification technology if approved to do so by DEQ in its program plan or a plan amendment. A producer responsibility organization must include an assessment of potential impacts to workers and methods that will be followed to minimize such impacts.

(b) Aerosol cans and pressurized cylinders:

(A) A producer responsibility organization may not accept aerosol cans or pressurized cylinders from any non-residential generator unless that non-residential generator affirms in writing its status as a very small quantity generator pursuant to 40 CFR 260.10 and 40 CFR part 262. Any collection point that accepts aerosol cans or pressurized cylinders must be staffed and have acceptance protocols in place to ensure that it does not accept any non-exempt hazardous waste.

(B) A producer responsibility organization shall ensure that all aerosol cans collected pursuant to ORS 459A.896(1) are managed according to universal waste standards pursuant to 40 CFR part 273. Aerosol cans shall be punctured and their contents safely removed, characterized, and managed in accordance with applicable hazardous waste standards where appropriate, prior to sending the empty container to be recycled. The handler of the containers shall meet the standards of 40 CFR 273.13(e)(4) which include but are not limited to following a written procedure for puncturing cans, conducting a hazardous waste determination of all contents, puncturing the cans with a device designed for that purpose, handling waste from the cans safely and recycling the metal.

(C) A producer responsibility organization shall ensure that any pressurized cylinders which are collected pursuant to ORS 459A.896(1) and not suitable for reuse are managed in accordance with the following standard: pressurized cylinders shall be processed by a regulated hazardous waste treatment, storage, and disposal facility, which shall remove and manage contents according to hazardous waste standards, and then send the containers to a metal recycler. Reusable cylinders that lack obvious signs of physical defects which would limit their ability for reuse may be delivered to a functioning reuse system that is willing to accept them, or managed as a cylinder not suitable for reuse. This paragraph does not require the manifesting of pressurized cylinders.

Statutory/Other Authority: ORS 459A.975 & 468.020
Statutes/Other Implemented: ORS 459A.860 - 459A.975
History:
DEQ 18-2023, adopt filed 11/17/2023, effective 11/17/2023

340-090-0660
Collection Targets

(1) Collection Targets Generally. A collection target or collection rate is a percentage of total amount of a material generated and is calculated using weight.

(a) For each material on the producer responsibility organization recycling acceptance list pursuant to OAR 340-090-0630(3), for which collection targets are established, a producer responsibility organization must report, in the annual report required under ORS 459A.887, the weight of collected materials, an estimate of the weight of materials generated, and the ratio of the two, where the weight of collected materials is the numerator and the estimate of weight of materials generated is the denominator. For materials without collection targets only the weight of collected materials must be reported.

(b) A collection rate will be calculated by dividing the weight of materials collected (numerator) by the weight of the materials generated (denominator).

(c) A producer responsibility organization must document all data sources, references, assumptions and calculations used in calculating collection rates. When estimating the weight of materials generated, a producer responsibility organization must consider data provided by DEQ, its own collection records, and other weight-based data, in addition to sales data reported to it by its members.

(d) The calculation of the numerator in the collection rate may only include the weight of materials targeted for collection and recycling, and may not include the weight of contamination.

(e) Unless otherwise specified in this rule, the numerator in a producer responsibility organization’s collection rate calculation may only include the weight of materials collected by the producer responsibility organization (including any party operating under contract to or at the direction of the producer responsibility organization).

(f) As part of its annual report, a producer responsibility organization must demonstrate that it has met the collection target for each material, and if not, the reasons for not meeting the collection target and the specific actions the producer responsibility organization proposes to implement to achieve the collection target.

(2) Materials-Specific Collection Targets. Materials shall have the following collection targets:

(a) Glass. The collection target for glass will be 45 percent and will be calculated as follows:

(A) The numerator is all glass packaging collected at producer responsibility organization depots or other collections as provided under ORS 459A.896(1) and all glass collected by local governments or their designated service providers (for example on-route collection).

(B) The denominator is all glass packaging (bottles and jars) generated in Oregon, less bottle bill collections.

(b) Other materials. A producer responsibility organization must propose collection targets for other materials each time it submits a program plan for approval. Other materials that a producer responsibility organization must propose collection targets for include those identified in OAR 340-090-0630(3)(a), (b), (d), (e), and (g) – (j). When proposing collection targets for those materials, a producer responsibility organization must describe existing collection quantities and compare proposed targets against existing and recent historic collection quantities. The producer responsibility organization must provide a projection on the number of participants and the quantity of material to be collected on a per-participant basis as well as per collection point. In program plans after the first plan, a producer responsibility organization shall discuss how changes in population served and number of collection points, if any, were taken into account when proposing new collection targets. When proposing collection targets for plastic materials, a producer responsibility organization must describe how the proposed collection target will contribute towards the achievement of plastics recycling goals as contained in ORS 459A.926. In program plans after the first plan, the producer responsibility organization must propose an increase in the collection target for these select other materials or provide a justification and explanation for why it is not proposing an increase. A producer responsibility organization may propose one combined collection target and report one combined collection rate for materials identified in OAR 340-090-0630(3)(h) and (i).

Statutory/Other Authority: ORS 459A.975 & 468.020
Statutes/Other Implemented: ORS 459A.860 - 459A.975
History:
DEQ 18-2023, adopt filed 11/17/2023, effective 11/17/2023

340-090-0670
Responsible End Markets

(1) Definition of end market. For purposes of ORS 459A.869(7) and ORS 459A.896(2)(a), end markets are defined by material as follows:

(a) For glass the end market is the entity that first uses the glass in lieu of a virgin material downstream of the beneficiation plant, if any, where bottles are crushed, for example a bottle manufacturer, fiberglass manufacturer or pozzolan (used to make cement and concrete) producer.

(b) For metal the end market is the entity that smelts the recycled material and produces ingots, sheet, coil, or other materials that are subsequently refabricated into packaging or product.

(c) For paper the end market is the entity that re-pulps the recycled material either into a pulp product that is sold to paper manufacturers or used to produce paper or paperboard products. If paper is recycled in a manner that does not involve repulping (for example, used to produce a wallboard product), the end market is the entity that uses the waste paper to produce a product that is sold without further transformation or manufacturing.

(d) For plastic, except for plastic that is recycled to produce packaging for food or beverage applications or for production of children’s products, the end market is the entity that last processes flake, pellet, or other resin material containing recycled plastic prior to sale or transfer to another person that creates a new product either by placing it into a mold or through extrusion or thermoforming. This definition applies to both mechanical and non-mechanical recycling pathways.

(e) For plastic that is recycled to produce packaging for food and beverage applications or for production of children’s products, the end market is the entity that places it into a mold for the manufacturer of such packaging or product. This definition applies to both mechanical and non-mechanical recycling pathways.

(f) For any recycling pathway without an end market provided by (a) through (e), the department may designate an end market on a case by case basis.

(2) Standard for responsible end markets

(a) For an end market to be a responsible end market, all entities that receive material collected for recycling in Oregon downstream of the commingled recycling processing facility or producer responsibility organization collection point (or post-collection in a supply chain without either facility) must meet the responsible standard, including:

(A) The end market(s).

(B) All entities in the supply chain leading to the end market, including brokers and shipping companies that take legal or physical possession of materials.

(C) Other locations where material disposition occurs (including landfills and incineration facilities).

(D) All entities along pathways leading to locations where material disposition occurs (including reload facilities).

(E) Entities that produce and use co-products of non-mechanical recycling (including fuels and waxes).

(b) The entities named in section (2)(a)(A)-(E) of this rule must meet the following standards:

(A) Compliant. Meaning the entity follows its own local, state, and national laws (including relevant environmental, labor, and public health laws) and treaty obligations, and is registered and permitted as required by local, state, and national authorities.

(B) Transparent. Meaning the entity is willing to be named and audited, provides chain of custody documentation tracking materials (originating in Oregon) to disposition, maintains record keeping relevant to chain of custody and material disposition in accordance with ORS 459A.962(7), and promptly documents within the chain of custody any penalties, violations or regulatory orders received.

(C) Environmentally-sound. Meaning the entity is willing to be audited and monitored for outdoor air, water and land emissions and disposal; stores and manages waste and recyclables in a way that avoids release into the environment; and manages inputs sustainably. This includes demonstrating adequate emergency response and environmental health, safety, and management plans; and

(D) Achieving adequate recycling yields. Meaning the recycling supply chain recycles or causes to be recycled at least 60 percent of each material listed in the recycling acceptance lists if applicable, consisting of the uniform statewide collection list developed pursuant to OAR 340-090-0630(4) and ORS 459A.914(4)(b), the producer responsibility organization recycling acceptance list as described in OAR 340-090-0630(3), and the list of specifically identified materials as promulgated and maintained by DEQ pursuant to ORS 459A.917 even if multiple materials are mixed together, with the remaining material managed in a responsible manner and in alignment with Oregon’s hierarchy of materials management pursuant to ORS 459.015.

(E) For shredded paper processed into high-grade office paper and cartons processed into tissue, achieving adequate recycling yields means the recycling supply chain recycles or causes to be recycled at least 50 percent of each material.

(c) Recycling yield, as stated in Section 2(b)(D) of this rule, will be determined as follows:

(A) For all materials except for composite cans made of paper and steel, the recycling yield is the amount of the material that was successfully processed and recycled by the end market divided by the amount of the material that entered the first entity of the recycling supply chain downstream of the commingled recycling processing facility or producer responsibility organization collection point (or post-collection in a supply chain without either facility).

(B) For composite cans made of paper and steel, the recycling yield is the amount of the metal fraction or paper fraction of the material that was successfully processed by the end market, divided by the amount of that fraction that entered the recycling supply chain initially. If the yield of either the metal fraction or of the paper fraction exceeds 60 percent, the composite material is achieving adequate yields.

(C) Calculation of recycling yield shall exclude moisture, if practical to do so, and any contaminants that are included in the bale of received material, as well as incidental materials that are adhered to the received material but are not targeted for recovery, such as tape and staples on corrugated boxes, or inks and labels on most types of packages. In the event that DEQ sets limits for acceptable contamination and moisture in outbound bales through the commingled recycling processing facility permit program per ORS 459A.955(3), reductions to the yield calculation denominator to account for contamination and/or moisture cannot exceed either limit.

(D) For the purpose of determining whether at least 60 percent of each material is recycled, yield for individual materials that are recycled separately from other materials must be evaluated on the basis of those individual materials. For materials that are mixed together (such as a bale of mixed paper or mixed plastic) and are being used by the commingled recycling processing facility to achieve capture rates pursuant to OAR 340-096-0300(3)(a)(B), yield must be evaluated as follows:

(i) Yield for items listed in OAR 340-090-0630(2)(d) must be evaluated separately from other materials.

(ii) Yield for composite cans made of paper and steel must be evaluated separately from other materials if this material is added to the Uniform Statewide Collection List and recycled at a paper mill.

(iii) Yield for items listed in OAR 340-090-0630(2)(j) must be evaluated separately for materials identified in each subparagraph of paragraphs (A) through (D).

(iv) Yield for items listed in OAR 340-090-0630(3)(a) through (d), (f), (g) and (j) must be evaluated separately from other materials.

(v) Yield must be evaluated separately f or any materials proposed by a producer responsibility organization for addition to the uniform statewide collection list pursuant to ORS 459A.914(4)(b) or counted toward the statewide plastic recycling goal in a producer responsibility program plan or plan amendment and approved by DEQ under ORS 459A.878, if required by DEQ.

(vi) Yield for other materials that are marketed mixed together may be evaluated in total.

(E) Yield, including separate yields for materials mixed together and indicated in subparagraphs (i) through (iv) of paragraph (D) may be estimated and self-attested to by entities in the recycling supply chain, with methodological justification provided.

(3) Implementation of the responsibility standard by a producer responsibility organization.

(a) A producer responsibility organization must ensure that materials collected for recycling go to responsible end markets as detailed in ORS 459A.896(2) and this rule by completing the following two steps successively:

(A) First, a producer responsibility organization must, using a screening assessment form provided by DEQ, receive and corroborate written verification from each end market and other downstream entity that it meets the standards set forth in Section 2 of this rule.

(B) Next a producer responsibility organization must conduct a more detailed assessment of whether each end market and other downstream entity meets the responsible standard provided by section 2 of this rule, either through a verification by the producer responsibility organization as provided by subsection (g) of this rule or through third-party certification from an Environmental Quality Commission-approved program.

(b) For materials described under ORS 459A.869(7)(a) and any other materials collected by a producer responsibility organization (including collected through contract with a producer responsibility organization), a producer responsibility organization must complete the step provided by paragraph (a)(A) by the start date of the program (as defined in OAR 340-090-0720), or prior to sending materials to markets added after the start date of the program. For materials delivered to end markets for recycling on or before June 30, 2026, the step required under paragraph (a)(B) must be completed by July 1, 2027. For materials delivered to end markets for recycling after June 30, 2026, a producer responsibility organization must complete the step provided by paragraph (a)(B) within 12 months of first delivery to the end market.

(c) For materials described under ORS 459A.869(7)(b) and any other materials not collected by the producer responsibility organization, a producer responsibility organization must complete the step provided by paragraph (a)(A) within six months of the program start date (as defined in OAR 340-090-0720), or prior to sending materials to markets added after the start date of the program. For materials delivered to end markets for recycling on or before June 30, 2026, the step provided by paragraph (a)(B) must be completed by July 1, 2027. For materials delivered to end markets for recycling after June 30, 2026, a producer responsibility organization must complete the step provided by paragraph (a)(B) within 12 months of first delivery to the end market.

(d) If a producer responsibility organization completes the step provided by paragraph (a)(B) prior to and within the timeline of the step provided by paragraph (a)(A), the producer responsibility organization is not required to perform the step provided by paragraph (a)(A).

(e) Each end market and other downstream entity that receives material collected for recycling in Oregon requires only one screening assessment and an annually-audited verification by a producer responsibility organization or third-party certification from an Environmental Quality Commission-approved program. Commingled recycling processing facilities and producer responsibility organizations that send materials to the same end markets or other downstream entities may coordinate their market assessment efforts to avoid duplication of effort.

(f) DEQ may approve temporary variance to the timelines required by sections (3)(b) and (3)(c) in a producer responsibility program plan.

(g) The producer responsibility verification required by paragraph (a)(B) of this section must contain the following:

(A) A description of how a producer responsibility organization determined that the indicated entity or entities (if final disposition occurred at multiple sites) was the end market;

(B) A list of local, state and national laws and international treaties applicable to the entity as required by section 2(a)(A) of this rule;

(C) Documentation that the end market and all other downstream entities meet all requirements of section 2 of this rule, with the following exceptions;

(i) entities that take only legal and not physical possession of materials do not need to be verified for yield or environmental soundness;

(ii) entities that take physical possession of materials but do not cause the materials in a bale to undergo separation or processing do not need to be verified for yield; and

(iii) landfills and incinerators do not need to be verified for yield; tonnages received by these entities should rather be treated as yield loss at end markets.

(D) Documentation of any noncompliance with the requirements section 2 of this rule.

(E) Documentation of the qualification of the auditor required by section 4 of this rule; and

(F) Certification and signature from the auditor required by section 4 of this rule that the end market meets the requirements of section 2 of this rule.

(h) The detailed verifications required by paragraph (a)(B) of this rule and certification audits required by section 4 of this rule must occur on an annual basis, with the first renewal verification or certification audits occurring within a year of initial certification.

(i) DEQ may approve temporary variance to the required components of the detailed verifications required by paragraph (a)(B) of this rule.

(4) Auditing. To demonstrate compliance with the requirement that materials collected for recycling go to responsible end markets as required by ORS 459A.896(2) and this rule, a producer responsibility organization must conduct auditing and provide audit results in annual reporting to DEQ. These audits must include results of random bale tracking to verify chain of custody and must demonstrate and certify that end markets meet the requirements of section 2 and 3 of this rule. For the purposes of enforcement, DEQ may conduct its own random bale tracking.  If it is infeasible to conduct random bale tracking safely and without violation of other applicable regulations, a producer responsibility organization may submit a claim in its program plan or a plan amendment that it is infeasible to fulfill the obligation to conduct random bale tracking. The department will review and evaluate the producer responsibility organization’s claim, and if it accepts the claim, will grant variance to the producer responsibility organization with respect to the random bale tracking requirement.

(5) Definition of practicable. For purposes of ORS 459A.869(7) and ORS 459A.896(2), practicable actions that may be undertaken by a producer responsibility organization must be determined in accordance with this rule.

(a) Practicable actions may include, but are not limited to, the following:

(A) Providing financial support to help an existing end market that does not meet the standard for responsible under section 2 of this rule or an existing market that is not in alignment with the hierarchy of materials management options under ORS 459A.015(2), to upgrade or change operations to become responsible or aligned with the hierarchy of materials management.

(B) Providing financial support to divert materials to a different end market that is responsible under section 2 of this rule or in alignment with the hierarchy of materials management.

(C) Directing materials to an alternative end market if materials are directly under producer responsibility organization control.

(D) Offering to buy or take ownership of materials to directly control their flow if materials are not already directly under the control of the producer responsibility organization.

(E) Developing a new market for a material.

(b) If the results of a verification, certification. or audit under sections 3 and 4 of this rule show that an end market does not meet the responsible end market standards in section 2 of this rule, the producer responsibility organization must carry out practicable actions to meet the responsible end market standards in section 2 of this rule.

(c) A producer responsibility organization may not claim that an action is not practicable simply because it results in higher costs for the producer responsibility organization. A claim that an action is not practicable must demonstrate costs that are not justified given the resulting societal benefits. A producer responsibility organization must choose one of the following two methods for showing that costs are not justified given resulting societal benefits:

(A) Evaluate the per-ton transactional costs of all possible solutions against the benchmark for average societal benefit of recycling. The benchmark for average societal benefit of recycling is $2,017 per ton expressed in 2021 dollars, and will be adjusted for inflation no more frequently than once per year. Any adjustment shall be limited to an adjustment using the CPI - U as published by the Bureau of Labor Statistics, using calendar year 2021 as the base year which corresponds to the benchmark value. A per-ton cost lower than the societal benefit benchmark is cost effective and potentially practicable. A per-ton cost higher than the per-ton societal benefit value is not practicable.

(B) Perform an analysis of financial costs and societal benefits customized to the particular materials and practices at hand. A customized approach could be warranted under several circumstances, such as if the material in question has a societal benefit well below the system-wide average.

(d) The department will review and evaluate a producer responsibility organization claim that an action is not practicable due to costs. If the department agrees with the claim, the department will then review the material in question and its inclusion in a recycling acceptance list. If the department’s review determines that an action is practicable, then the producer responsibility organization must immediately undertake that action.

(e) DEQ will consult with the Oregon Recycling System Advisory Council prior to deciding if an action is practicable.

(6) Reporting. For all end markets and other downstream entities that receive materials for which it is responsible, per ORS 459A.887(6) producer responsibility organizations must report disposition to DEQ as follows:

(a) Disposition reports shall consist of disposition data provided in a manner proscribed by DEQ, as well as all screening assessments, verification reports, and certification reports conducted in a given quarter.

(b) Disposition reports must be submitted to DEQ on a quarterly basis, with all reports other than the first report due no later than 45 days after the end of the end of each calendar quarter.

(A) The first disposition report is due December 31, 2025.

(B) No disposition reporting is required for materials described in ORS 459A.869(7)that depart from a commingled recycling processing facility, a limited sort facility, or a producer responsibility organization collection point provided under ORS 459A.896(1) prior to July 1, 2025.

(C) If a producer responsibility organization wishes to send materials to an entity listed in Paragraph (2)(a)(A) to (E) of this rule and for which no signed screening assessment is on file with DEQ, the signed screening assessment for the entity may be submitted to DEQ outside of the reporting schedule.

(c) Disposition data must:

(A) Indicate entities listed in Subsection (2)(a) of this rule that took possession of material, including the business or person name, city, state, region, and country. The entities must be ordered sequentially along the pathway of disposition, with the end market positioned at the end; and

(B) Indicate the amount of material received in tons by each entity during the quarter.

(i) Disposition must be reported using the following reporting categories:

(I) Capture rate material categories in OAR 340-096-0300(3)(a)(B).

(II) Reporting categories that are temporarily designated by DEQ when a material has been added to the uniform statewide collection list by a producer responsibility organization via its program plan per ORS 459A.914(4)(b)).

(III) Aerosol cans

(IV) Aluminum foil and products made of pressed aluminum foil;

(V) Shredded paper

(VI) Polyethylene film

(VII) Block white expanded polystyrene

(VIII) Mixed polyolefins collected pursuant to ORS 459A.896(1).

(IX) Pressurized cylinders

(X) Other categories. A producer responsibility organization may use more reporting categories than those indicated in subparagraph (i)(I)-(IX) of this rule provided that the categories used can be combined into the categories listed in this rule. A producer responsibility organization may also use alternative reporting categories if it proposes to do so in a producer responsibility program plan or plan amendment that is approved by DEQ under ORS 459A.878.

(ii) When reporting disposition for supply chains in which materials described in ORS 459A.869(7) and for which PROs must ensure flow to responsible end markets mix with non-obligated materials, such as material originating from another state, an accounting method that attributes outputs proportionally with inputs must be applied to attribute output volumes to Oregon. Examples of such methods are the controlled blending methodology and the mass balance rolling average percentage methodology as defined in ISO 22095: 2020, CHAIN OF CUSTODY – GENERAL TERMINOLOGY AND MODELS.

(C) Contain comprehensive accounting for all destinations and tonnages described in paragraphs (c)(A) and (c)(B) of this rule. Such accounting may exclude individual destinations  as follows:

(i) A single commingled recycling processing facility, single limited sort facility, or the producer responsibility organization shall first calculate the total tons sent onward for subsequent processing, to end markets or other disposition, for each material by reporting category for each calendar quarter. For materials collected by the producer responsibility organization at collection points used to meet convenience standards pursuant to OAR 340-090-0640(2) and (6), the producer responsibility organization shall sum together the tons sent to end markets or other disposition by reporting category for each calendar quarter across all of its collection points.

(ii) If a single commingled recycling processing facility, single limited sort facility, or the producer responsibility organization sends to an individual end market or to an entity in the supply chain leading up to the end market less than one percent of the material in a given reporting category during a given quarter, as calculated in subparagraph (i) above, then reporting of that destination may be excluded, subject to limitations described elsewhere in this rule. This exclusion does not apply to other locations where material disposition occurs (including landfills and incinerators), nor to entities along pathways leading to locations where material disposition occurs.

(iii) A single commingled recycling processing facility, single limited sort facility, or the producer responsibility organization may use the exclusion described in subparagraph (ii) for no more than ten percent of the disposition of materials in any given reporting category for a given quarter, as determined in subparagraph (i) above.

(iv) Any tonnages sent to destinations excluded from reporting must still be reported to DEQ and shall be aggregated together and reported as “materials sent to destinations excluded from disclosure under OAR 340-090-0670(6)(c)(C).”

(7) Application of Oregon’s Material Management Hierarchy. In cases of conflict between the elements of Oregon’s material management hierarchy under ORS 459.015(2)(c)(C)(i) (preference for recycling pathways that displace more impactful materials) and ORS 459.015(2)(c)(C)(ii) (preference for recycling pathways that best preserve value and molecular structure), DEQ may identify the environmentally preferable option among pathways under consideration.

Statutory/Other Authority: ORS 459A.975 & 468.020
Statutes/Other Implemented: ORS 459A.860 - 459A.975
History:
DEQ 20-2024, amend filed 11/24/2024, effective 11/24/2024
DEQ 18-2023, adopt filed 11/17/2023, effective 11/17/2023

340-090-0680
Producer Responsibility Organization Coordination

(1) Interim coordination.

(a) For the initial program period, if DEQ receives program plans from multiple prospective producer responsibility organizations, DEQ may appoint an interim coordinator to coordinate among the prospective producer responsibility organizations. The interim coordinator will develop an interim coordination plan that meets the criteria of section 2 of this rule. The interim coordinator will serve in its role until December 31, 2026, or until a coordination plan proposed by the producer responsibility organizations has been approved by DEQ, whichever comes sooner.

(b) From March 31, 2024, onward and prior to the approval by DEQ of a coordination plan developed by the producer responsibility organizations, DEQ may assign interim coordination tasks, including but not limited to those listed in sub-section (c) of this rule, to a producer responsibility organization or to a willing applicant producer responsibility organization. When assigning tasks to a producer responsibility organization DEQ will consider the following criteria during the program plan review:

(A) The qualifications of the producer responsibility organization including experience specific to the accomplishment of each interim coordination task;

(B) The producer responsibility organization’s access to financial resources and progress toward securing 10% minimum market share;

(C) The initial producer membership of the producer responsibility organization; and

(D) The quality of the program plan submitted by the producer responsibility organization, including the likelihood that plans for interim coordination activities will achieve milestones.

(c) DEQ may assign interim coordination tasks to approved producer responsibility organizations, or to willing applicant producer responsibility organizations. Approved producer responsibility organizations must begin the interim coordination tasks upon DEQ assigning the task. The tasks required by this subsection include the following:

(A) Setting up single accounting point of contact and invoice processing system for required producer responsibility organization compensation payments, including:

(i) Payment of contamination management fees (ORS 459A.920) and processor commodity risk fees (ORS 459A.923) to commingled recycling processing facilities;

(ii) Compensation to (and associated negotiation with) local governments for service expansion on the basis of the needs assessment (ORS 459A.890(5) and (8)).

(iii) Compensation to local governments for expenses besides service expansion (ORS 459A.890 not including subsection (5)); and

(iv) Compensation to existing depots for service expansion to accommodate products on the producer responsibility organization depot list (ORS 459A.896(1)(a)).

(B) Setting up a system to reconcile expenses amongst producer responsibility organizations, in proportion to modified market share as required by OAR 340-090-0700(2).

(C) Establishing and maintaining a depot collection system (per ORS 459A.896(1)) that meets collection targets, convenience standards and performance standards established by the Environmental Quality Commission.

(D) Developing and issuing educational materials that promote the uniform statewide collection list and other requirements pursuant to ORS 459A.893.

(d) The interim coordinator will conduct the following tasks in consultation with DEQ and the producer responsibility organizations:

(A) Calculate the interim, preliminary, and final modified market share of each producer responsibility organization as required by OAR 340-090-0700(2)-(4).

(B) Define the standard product categorization to be used in producer responsibility organization membership fee structures.

(e) The interim coordinator will develop an interim coordination plan meeting the requirements of section 2 of this rule. The interim coordinator will review the draft plan with all prospective producer responsibility organizations and with DEQ, and then produce an updated version for review and approval by DEQ. Once approved by DEQ, producer responsibility organizations must follow the interim plan until it is replaced with a coordination plan submitted jointly by producer responsibility organizations and approved by DEQ.

(f) DEQ’s costs in appointing and overseeing an interim coordinator are costs of administering the provisions ORS 459A.860 to 459A.975.

(2) Standards and requirements for coordination plans.

(a) A producer responsibility organization is responsible for the implementation of an approved coordination plan.

(b) A coordination plan must include:

(A) Identification of the producer responsibility organization coordinating body;

(B) A process for designating a new coordinating body and notifying DEQ in advance;

(C) A process for resolving disputes between producer responsibility organizations and between producer responsibility organizations and local governments and their service providers;

(D) A process by which a producer responsibility organization or multiple producer responsibility organizations will assume responsibilities to implement a coordination plan should the coordinating body be unable to implement the coordination plan;

(E) A process to address coordination in the event a producer responsibility organization ceases implementation of a producer responsibility program; and

(F) A plan for how the producer responsibility organizations will coordinate to ensure that their obligations under provisions ORS 459A.860 to 459A.975 are met.

(c) In reviewing a coordination plan submitted for approval, DEQ will consider whether the coordination plan will ensure:

(A) Achievement of the statewide plastics recycling goal established under ORS 459A.926, including development of combined plastic recycling rate projections across all producer responsibility organizations;

(B) Education that promotes the uniform statewide collection list as provided under ORS 459A.893;

(C) A Single-point-of-contact accounting that provides timely funding, reimbursement, and payments required under ORS 459A.860 to 459A.975, including funding, reimbursement and payments related to ORS 459A.890, ORS 459A.896, ORS 459A.920, and 459A.923;

(D) Processes to allocate costs among producer responsibility organizations that are proportional to modified market share as required by OAR 340-090-0700(2);

(E) A consistent statewide system to ensure all Oregon residents can easily identify, understand, and access services provided through ORS 459A.860 to 975, including through consistent messaging and branding, and through a single website listing the services provided by all producer responsibility organizations under ORS 459A.896;

(F) Assurance that all covered products collected for recycling are delivered to responsible end markets and managed according to Oregon’s materials management hierarchy, as required by ORS 459A.896(2);

(G) A single point of contact for the coordination body and for each PRO, respectively, for communicating with the Recycling Council and DEQ in coordinated fashion, when appropriate, on topics including Recycling Council recommendations and material lists;

(H) Establishment of a recycling depot system that meets collection targets, convenience standards, and performance standards established in OAR 340-090-0640, OAR 340-090-0650, and OAR 340-090-0660;

(I) A process for aggregating data submitted by producer responsibility organizations to calculate and publish modified market shares, identify and publish a list of large producers, and report market share data to DEQ; and

(J) A list of standard product categories that the producer responsibility organizations will use to establish their membership fees pursuant to ORS 459A.884.

(3) Rules establishing processes for submittal, review, approval or rejection, amendment, and revocation of coordination plans.

(a) Producer responsibility organizations must jointly submit a coordination plan to DEQ by February 1, 2026. Once approved, this plan will replace the interim coordination plan described in section 1 of this rule.

(b) DEQ will approve a coordination plan if it determines that the plan adequately meets all requirements of section 2 of this rule.

(c) The coordination plan review period will consist of the following phases:

(A) DEQ shall approve, approve with conditions, or reject the submittal within 90 days of receiving it. If DEQ rejects the submittal, DEQ will provide comments that discuss the reasons for the rejection.

(B) If DEQ rejects the submittal, the producer responsibility organizations must jointly submit a revised plan no later than 60 days from the date of rejection. The revised submittal must address DEQ’s comments on the initial submittal.

(C) DEQ shall approve, approve with conditions, or reject the revised submittal within 90 days of receiving it. If DEQ rejects the revised submittal, DEQ may do the following:

(i) Request that the producer responsibility organizations make further revisions to the plan;

(ii) Direct the producer responsibility organization to make specific revisions to the plan; or

(iii) Issue an order to direct implementation of an alternative coordination plan pursuant to section 4 of this rule.

(D) The producer responsibility organizations must jointly submit a second revised plan, pursuant to paragraph (c)(C)(i) or (ii) of this section, no later than 30 days from the date of second rejection.

(E) If the second revision is not timely or does not meet the coordination plan requirements of section 2 of this rule to DEQ’s satisfaction, DEQ may direct specific revisions or issue an order to direct implementation of an alternative coordination plan pursuant to section 4 of this rule. Failure to submit an approvable plan under paragraph D of this this subsection is a violation of these rules for purposes of enforcement. If DEQ directs revisions, the producer responsibility organizations must implement the revisions or request a hearing as provided in ORS chapter 183.

(d) Producer responsibility organizations may only change an approved coordination plan through plan amendments. Producer responsibility organizations must submit a coordination plan amendment to DEQ for approval at least 45 days before the change is to take effect. DEQ will approve or reject the amendment request within 45 days of receiving the request. DEQ may, for good cause, allow the producer responsibility organizations to submit an amendment request less than 45 days before the change is to take effect.

(e) DEQ’s rejection of a coordination plan or plan amendment does not relieve the producer responsibility organizations or the coordination body from continuing to implement an approved coordination plan.

(f) In accordance with the applicable provisions of ORS chapter 183 relating to contested case proceedings, DEQ may issue an order to suspend, amend, or revoke a coordination plan in whole or in part if it determines that implementation of the coordination plan would:

(A) Present a risk to the environment or public health, or

(B) Prevent a producer responsibility organization from implementing its producer responsibility program plan in compliance with ORS 459A.860 to 459A.975.

(4) DEQ issuance of an order requiring a coordination plan.

(a) If no coordination plan is submitted within the timelines specified in section 3 of this rule, or if DEQ rejects a revised coordination plan pursuant to section 3 of this rule, DEQ may require the producer responsibility organizations to implement a coordination plan by order.

(b) The order will provide a start date and include any requirements DEQ determines are necessary to implement ORS 459A.860 to 459A.975 and related rules. The order may direct a producer responsibility organization to undertake the role of coordinating body and coordinate the implementation of the order and require that all other producer responsibility organizations collaborate with the coordinating body on implementation of the plan.

(c) Failure to adequately implement or comply with an order issued under this section is a violation of these rules.

(d) Within 20 days of the issuance of an order under this section a producer responsibility organization may request a hearing as provided in ORS chapter 183. If a producer responsibility organization requests such a hearing under ORS chapter 183 the producer responsibility organizations shall continue to implement the order pending the outcome of legal proceedings.

(5) Coordination rules for the entry of new producer responsibility organizations.

(a) If a new producer responsibility organization enters the program in 2026 or later, the approved producer responsibility organizations coordination plan must be updated by plan amendment. If no producer responsibility organization coordination plan has been approved by DEQ, one must be submitted and finalized within one year, subject to the review process outlined in rule OAR 340-090-0680(3). The timelines and procedures provided in section 1 for interim coordination will apply to a new producer responsibility organization before 2026.

(b) If an updated producer responsibility coordination plan is not approved within the one year DEQ may require the implementation of a coordination plan by order pursuant to section 4 of this rule.

(c) During the plan development and review phase under subsection (a), DEQ may revoke the existing coordination plan and reinstate interim coordination pursuant to section 1.

Statutory/Other Authority: ORS 459A.975 & 468.020
Statutes/Other Implemented: ORS 459A.860 - 459A.975
History:
DEQ 18-2023, adopt filed 11/17/2023, effective 11/17/2023

340-090-0690
Producer Responsibility Organization Fees

(1) Program Plan Review Fee. Each applicant producer responsibility organization that submits a plan under ORS 459A.875 will pay a fee of $150,000 for DEQ’s review of the plan. An applicant producer responsibility organization will pay the fee when it submits the plan to DEQ. A plan will not be considered submitted to DEQ until the fee is paid.

(2) Annual Administration Fee. DEQ will assess an annual administration fee each calendar year in the amount of $4,000,000 for the first four years of the program (2025-2028) and $3,000,000 for all subsequent years of the program.

(a) DEQ will invoice and a producer responsibility organization must pay the annual administration fee as follows:

(A) In the first program year (covering 2025) DEQ will send an applicant producer responsibility organization a provisional invoice on or before September 1, 2024. DEQ will send a producer responsibility organization a final invoice upon completion of the producer responsibility program plan approval process under ORS 459A.878. A producer responsibility organization will pay the first program year’s fee within 30-days of DEQ sending it a final invoice.

(B) In each year after the first program year DEQ will invoice a producer responsibility organization on or before September 1 of the preceding program year for payment within 30-days of invoicing.

(b) DEQ may at its discretion reduce the fee in a given year if it determines that the full amount is not required to pay the costs of administering, implementing and enforcing the provisions of ORS 459A.860 to 459A.975 in that year.

(c) If DEQ has approved only one producer responsibility organization plan under ORS 459A.878 for a given year that producer responsibility organization will pay the entirety of the annual administration fee.

(d) If DEQ has approved more than one producer responsibility organization plan under ORS 459A.878 for a given year the annual administration fee will be divided among the producer responsibility organizations as follows:

(A) In the first program year the producer responsibility organizations will pay to DEQ equal shares of the annual administration fee. On or before September 1, 2025, DEQ will notify the producer responsibility organizations of the interim modified market share calculations pursuant to OAR 340-090-0700(3). The producer responsibility organizations will reconcile payment with each other such that each producer responsibility organization pays a total amount of the annual administration fee that is proportional to its modified market share.

(B) In each year after the first program year the fee will be divided between the producer responsibility organizations in proportion to their modified market share as determined by OAR 340-090-0700(2).

(e) Reporting. Each fiscal year DEQ will report its current and projected program expenditures and revenue.

(3) Producer responsibility organizations shall pay a waste prevention and reuse fee each year as described in ORS 459A.941. DEQ will invoice a producer responsibility organization on or before September 1 for payment within 30-days of invoicing.

(a) The fee shall be the lesser of:

(A) $15 million, each year after 2025 adjusted based on the Consumer Price Index for all Urban Consumers (CPI-U) as published by the U.S. Bureau of Labor Statistics; or

(B) 10 percent of the three-year average of all producer responsibility organization’s annual expenditures summed, excluding payments of the fee established under this rule, as described in the organizations’ annual reports submitted to DEQ.

(b) DEQ may at its discretion reduce the fee in a given year if it determines the full amount is not required to pay the costs of administering and implementing of ORS 459A.941 while ensuring that the fee reasonably covers expenditures of the program.

(c) If DEQ has approved only one producer responsibility organization for a given year that producer responsibility organization will pay the entirety of the fee described in paragraph (a). If multiple producer responsibility organizations are approved to operate in the state in a given year, the fee described in paragraph (a) of this section will be divided between the producer responsibility organizations in proportion to their most recently calculated modified market share as determined by OAR 340-090-0700(2).

(4) The Waste Prevention and Reuse Fund established in ORS 459A.950 shall be used for the purposes of reducing environmental impacts of covered products through means other than waste recovery as described in ORS 459A.941, including but not limited to the following:

(a) DEQ expenses in administering programs pursuant to ORS 459A.941;

(b) Staffing including wages and benefits;

(c) Capital investments including equipment, buildings, and purchasing and leasing of land (to include remodeling existing infrastructure, construction of new infrastructure or procuring existing infrastructure to support activities related to environmental impact reduction);

(d) Reusable and refillable items that allow for a reduction in the environmental impacts of covered products;

(e) Repair and lifespan extension of covered products;

(f) Research, evaluation, surveys, and assessment;

(g) Pollution control technology that exceeds regulatory requirements;

(h) Feasibility assessments and pilot projects;

(i) Technical assistance;

(j) Education, outreach, promotion, training, and skills development;

(k) Community engagement;

(l) Operation and maintenance costs;

(m) Services and supplies; and

(n) Indirect costs and overhead.

Statutory/Other Authority: ORS 459A.975 & 468.020
Statutes/Other Implemented: ORS 459A.860 - 459A.975
History:
DEQ 20-2024, amend filed 11/24/2024, effective 11/24/2024
DEQ 18-2023, adopt filed 11/17/2023, effective 11/17/2023

340-090-0700
Market Share

Market share as used in ORS 459A.860 to 968 and related rules is a producer’s percentage of all covered products sold in or into this state, as calculated in accordance with this rule.

(1) Methods for Calculating Market Share. Market share will be calculated as follows:

(a) Market share will be denominated by the percentage of weight (mass) of covered product measured in kilograms.

(b) A producer's market share will be calculated by dividing the weight of all covered products reported as sold or distributed by the producer in or into Oregon in a particular program year by the total weight of all covered products reported as sold or distributed by all producers in or into Oregon in that year. The sum of market shares across all producers must equal 1.0000.

(c) A producer responsibility organization's market share will be calculated by dividing the summed weight of all covered products reported as sold or distributed by all of the producer responsibility organization’s member producers in or into Oregon in a particular program year by the total weight of all covered products reported as sold or distributed by all producers in or into Oregon in that year. The sum of market shares across all producer responsibility organizations must equal 1.0000.

(d) A producer must on an annual basis submit market data establishing the weight of covered products sold or distributed in or into Oregon to the producer responsibility organization to which it belongs. Producers must submit a description of their methodology for calculating covered product weight to the producer responsibility organization along with the data. Methodology used must be in accordance with applicable best practices. If estimated market data is submitted by a producer and better market data becomes available that demonstrates the estimates were not accurate, the producer must report corrections to the estimated data to the producer responsibility organization before the next annual reporting deadline.

(e) When submitting market data to DEQ in an annual report, a producer responsibility organization will submit the methodological justifications along with the corresponding data.

(2) Purpose of and Method for Calculating Modified Market Share. If DEQ approves more than one producer responsibility organization plan pursuant to ORS 459A.878, financial obligations of implementation of provisions ORS 459A.860 to 459A.975, including the costs of implementing assigned coordination tasks prior to the program start date per OAR 340-090-0680(1)(c), will be allocated among the producer responsibility organizations by modified market share, as provided by this section.

(a) Modified market share will be denominated in percentage of financial burden measured in US dollars.

(b) A producer responsibility organization’s modified market share will be calculated as follows:

(A) The material-specific unit factor, described in subsection c of this section, is multiplied by the total weight of covered products of each material reported as sold or distributed in or into Oregon by each member producer;

(B) The results of paragraph A for each material and each member producer of the producer responsibility organizations are summed;

(C) the weight of all covered product of each material reported as sold or distributed in or into Oregon in a given year is multiplied by the material-specific unit factors and the result for each material are summed;

(D) The result of paragraph B is divided by the result of paragraph C.

(E) The result of paragraph D is a producer responsibility organization’s modified market share. The sum of modified market shares across all producer responsibility organizations must equal 1.0000.

(c) The method and process for calculating material-specific unit factors for individual materials shall be included in any coordination plan approved by DEQ pursuant to OAR 340-090-0680. During the period of interim coordination pursuant to OAR 340-090-0680(1), DEQ will contract with an independent organization to develop and update as necessary an index of material-specific unit factors.

(3) Interim Reporting of Market Share. By August 1, 2025, a producer responsibility organization must report information that will be used to calculate interim market share and interim modified market share for the 2025 program year to DEQ. Interim market share for the 2025 program year is calculated using the weight of covered product sold into Oregon in the 2024 calendar year by each member producer, organized by type of material. Pursuant to ORS 459A.869(12), a producer responsibility organization’s minimum interim market share is 10%.

(4) Preliminary Reporting of Market Share.  Preliminary market share and preliminary modified market share will be calculated and used as follows:

(a) By July 1 of each program year, a producer responsibility organization shall report supply information on the total amount of covered products sold or distributed in or into this state by participating producers in the prior calendar year to DEQ annually, pursuant to ORS 459A.887(2)(c). Beginning in the 2026 program year, DEQ and a producer responsibility organization coordination body will use the supply information to calculate preliminary market share and preliminary modified market share for the following program year.

(b) A producer responsibility organization shall use the supply information described in subsection (a) to set fees for their producer members in accordance with ORS 459A.884(1). From 2026 onward, a producer responsibility organization will set producer fees using supply data from two years prior to that program year. For example, 2028 fees will be set on the basis of 2026 supply data.

(c) A producer responsibility organization shall use interim market share and interim modified market share, as described in Section (3) of this rule, for the 2025 program year as preliminary market share and preliminary modified market share for the 2026 program year.

(5) Final Reporting of Market Share. Final market share and final modified market share will be calculated and used as follows:

(a) By March 31 of the following program year, a producer responsibility organization must submit corrections to the supply information used to calculate interim and preliminary market share and modified market share, as described in sections 3 and 4. The corrected data will be used to calculate final market share and final modified market share for the applicable program year.

(b) If there is more than one producer responsibility organization expenses must be reconciled between the producer responsibility organizations in proportion to final modified market share.

(6) DEQ may use interim, preliminary, or final market share or modified market share data for its administration and oversight purposes, including for enforcement of the 10 percent minimum PRO market share for operation in the state pursuant to ORS 459A.869(12) and identification of large producers subject to the life cycle evaluation requirement at ORS 459A.944(2). DEQ will use updated supply data for its administration and oversight purposes as it becomes available.

Statutory/Other Authority: ORS 459A.975 & 468.020
Statutes/Other Implemented: ORS 459A.860 - 459A.975
History:
DEQ 20-2024, amend filed 11/24/2024, effective 11/24/2024
DEQ 24-2023, minor correction filed 12/05/2023, effective 12/05/2023
DEQ 18-2023, adopt filed 11/17/2023, effective 11/17/2023

340-090-0710
Proprietary Information

(1) For purposes of ORS 459A.860 to 975 “proprietary information” is information protected as a trade secret under the Uniform Trade Secrets Act.

(2) A party providing information to DEQ that it considers proprietary or otherwise confidential must, at the time it provides the information, specify that the information is proprietary or otherwise not subject to disclosure. The claim must be assigned to specific information and not a generalized statement.

(3) DEQ may require at any time that a claimant substantiate its claim that information is proprietary or confidential.

(4) Notwithstanding section 1 of this rule, the following information is not proprietary for purposes of ORS 459A.860 to 975:

(a) Information that is already publicly available and where any potential economic value is derived solely from compilation;

(b) The market shares of producer responsibility organizations;

(c) The list of the top 25 producers in Oregon by market share in alphabetical order, and

(d) The list of end markets of Oregon’s waste including the business or person name; city, state, region, and country; identity of the material received by each business or person; and amount received aggregated by destination country, excluding the names of the commingled recycling processing facilities where the waste originated. This data in its disaggregated form is proprietary information per ORS 459A.955(2)(h)(B), but is not proprietary information at the level of aggregation indicated here.

(5) If necessary for the implementation or enforcement of ORS 459A.860 to 975, DEQ may bring proprietary information to the attention of a producer responsibility organization, provided that the producer responsibility organization agrees to treat the information in accordance with the limitations in statute and rule.

(6) If DEQ has made a decision to bring proprietary information to the attention of a producer responsibility organization, DEQ will notify the disclosing party at least seven days prior to sharing the information.

Statutory/Other Authority: ORS 459A.975 & 468.020
Statutes/Other Implemented: ORS 459A.860 - 459A.975
History:
DEQ 18-2023, adopt filed 11/17/2023, effective 11/17/2023

340-090-0720
Program Calendar

(1) The first three-year producer responsibility program plan period will include the 2025, 2026, and 2027 calendar years. It will run from July 1, 2025 (or earlier in 2025, if stipulated in approved program plan) to December 31, 2027.

(2) Subsequent producer responsibility program plan periods will run for five-year increments beginning on January 1 and ending on December 31 (the first set of updated plans will be valid from a start date of January 1, 2028 through to an end date of December 31, 2032).

(3) Prospective new producer responsibility organizations may submit program plans on the same calendar as renewal applicants (180 days before the end of a program period) and may also submit plans at other times (for example, midstream in a program period) upon petitioning DEQ and receiving advance approval.

(4) Any program plan submitted under OAR 340-090-0720(3) must include evidence that the prospective producer responsibility organization is capable of meeting the 10% minimum market share threshold per ORS 459A.869(12).

Statutory/Other Authority: ORS 459A.975 & 468.020
Statutes/Other Implemented: ORS 459A.860 - 459A.975
History:
DEQ 18-2023, adopt filed 11/17/2023, effective 11/17/2023

340-090-0730
Producer responsibility organizations with less than 10 percent market share

(1) If DEQ determines that a producer responsibility organization’s market share has fallen below the 10 percent threshold provided by ORS 459A.869(12), DEQ shall:

(a) Issue notification to the producer responsibility organization of the intent to revoke plan;

(b) Begin a 60-day review process, during which the producer responsibility organization may describe any actions it will undertake to exceed the 10 percent threshold;

(c) After the conclusion of the 60-day review period, issue either an order revoking the producer responsibility organization’s program plan or a notification that the plan will not be revoked; and

(2) If DEQ revokes a plan under this rule the producer responsibility organization must notify its producer members. Producer responsibility organization members will have 60 days to transition to another producer responsibility organization.

(3) If DEQ notifies a producer responsibility organization that a plan will not be revoked, pursuant to subsection 1(c) of this rule, DEQ may include any of the actions described by the producer responsibility organization pursuant to subsection 1(b) of this rule as conditions on its decision not to revoke the plan.

(4) An order revoking a plan under this rule may be appealed as provided in ORS chapter 183.

(5) DEQ will provide all other producer responsibility organizations with a copy of the following notifications and decisions described in this section:

(a). A notification of intent to revoke a plan pursuant to subsection (1)(a);

(b) An order revoking a plan or notification that the plan will not be revoked pursuant to subsection (1)(c);

(c) Conditions applied to a producer responsibility plan on its decision to not revoke the plan provided pursuant to section (3); and

(d) A decision by the producer responsibility organization to appeal the DEQ order to revoke the plan pursuant to section (4).

Statutory/Other Authority: ORS 459A.975 & 468.020
Statutes/Other Implemented: ORS 459A.860 - 459A.975
History:
DEQ 18-2023, adopt filed 11/17/2023, effective 11/17/2023

340-090-0740
Reporting for plastic goal

To enable DEQ to assess progress toward the statewide plastic recycling goal, a producer responsibility organization’s annual reporting of the weight of plastic packaging and food serviceware sold in Oregon by member producers, required under ORS 459A.887(2)(c), must use a product categorization that aligns with the uniform statewide collection list and PRO recycling acceptance list categorizations of products.

Statutory/Other Authority: ORS 459A.975 & 468.020
Statutes/Other Implemented: ORS 459A.860 - 459A.975
History:
DEQ 18-2023, adopt filed 11/17/2023, effective 11/17/2023

340-090-0750
Program plan amendments and producer responsibility organization fees

(1) A producer responsibility organization's routine, annual updating of base fee rate amounts to align with the most recent supply information received from member producers or updated material cost allocations from related studies does not constitute a method change and will not require a program plan amendment.

(2) Alternate approaches to determining membership fees, including changes to the overall criteria for and magnitude of graduated fee adjustments, require a program plan amendment. Changes to the fee adjustments granted to individual producers will not require a program plan amendment.

(3) A producer responsibility organization may request provisional approval of a plan amendment if it needs to implement a fee structure method change rapidly due to financial urgency. If such a request is made, DEQ will respond within 30 days. If provisional approval is granted, the producer responsibility organization may implement the fee schedule method change on a provisional basis while the process for final approval, pursuant to ORS 459A.878, is ongoing. If the plan amendment is ultimately not approved, the producer responsibility organization must correct its member accounts to reverse the provisional change.

Statutory/Other Authority: ORS 459A.975 & 468.020
Statutes/Other Implemented: ORS 459A.860 - 459A.975
History:
DEQ 18-2023, adopt filed 11/17/2023, effective 11/17/2023

340-090-0760
Producer responsibility organization membership fees

A material is accepted by recycling collection programs in this state, for the purpose of ORS 459A.884(3), only if it is designated by rule on the Local Government Recycling Acceptance List, pursuant to OAR 340-090-0630(2), or the Producer Responsibility Organization Recycling Acceptance List, pursuant to OAR 340-090-0630(3), or otherwise has been added to the Uniform Statewide Collection List by the mechanism provided for in ORS 459A.914(4)(b).

Statutory/Other Authority: ORS 459A.975 & 468.020
Statutes/Other Implemented: ORS 459A.860 - 459A.975
History:
DEQ 18-2023, adopt filed 11/17/2023, effective 11/17/2023

340-090-0770
Local Government Transportation Costs Reimbursement

(1) A producer responsibility organization must pay the costs of transporting covered products from a recycling depot or recycling reload facility to a commingled recycling processing facility or a responsible end market as provided by ORS 459A.890(2) and this rule.

(2) Transportation costs must be based on the actual costs of managing and transporting covered products that must be shipped more than 50 miles.

(3) The 50-mile distance in section 2 of this rule and ORS 459A.890(2)(b)(E) is the shortest driving distance to the nearest commingled recycling processing facility or a responsible end market with capacity to accept the material and applies to covered products as stated in subsections (a) through (d) of this section.

(a) If the material is fully commingled, the distance measured is to the nearest commingled recycling processing facility with capacity to accept the material.

(b) If the material is collected separately (for example glass) or is not fully commingled and requires further sorting or processing before being received by a responsible end market, then the distance is measured to the nearest processing or sorting facility that will prepare the material and send it to a responsible end market.

(c) If the material is collected separately and in a condition that would allow it to be received directly by a responsible end market without additional processing, then the distance is measured to the nearest responsible end market.

(d) If a separated material or a group of materials is initially taken to a commingled recycling processing facility or other processing facility and the material requires additional processing or sorting before it can be accepted by a responsible end market, then the distance is measured to the nearest initial commingled recycling processing facility or other processing facility. The producer responsibility organization is not responsible under this rule for paying the transportation costs associated with the transport of material from the initial commingled recycling processing facility or other processing facility to additional processing facilities or a responsible end market.

(4) Costs to receive, consolidate, load and transport covered products include, but are not limited to, purchasing and maintaining equipment, signage, and other similar costs of operating the recycling depot or recycling reload facility not already covered under other sections of ORS 459A.860 through ORS 459A.975. Costs incurred before the receiving of covered products at a recycling depot or reload facility are not eligible for compensation unless noted elsewhere.

(5) Transportation costs include administrative costs related to the activities described in ORS 459A.890(2). Administrative costs include, but are not limited to, costs related to staffing and the hiring and managing of staff.

(6) Transportation costs do not include the proportion of a shipment of recyclable material that is not covered products, as provided by ORS 459A.890(2)(b)(C). Costs that are not eligible for payment under ORS 459A.890(2)(b)(C) will be determined as stated in subsections (a) through (c) of this section.

(a) Until completion of the study described in subsection (b) of this section, a producer responsibility organization will use data from the 2023 Oregon Solid Waste Characterization and Composition Study to determine the proportion of a shipment of recyclable material that is not covered products.

(b) Starting in 2027, and at least once every five years thereafter, a producer responsibility organization must fund a study to determine the proportion of collected recyclable material that is covered product and is eligible for transportation costs reimbursement. The study will include the following:

(A) The study will provide statewide averages for the proportion of covered material in commingled recyclable material, recyclable material that is collected separately and recyclable material that is not fully commingled. For the latter two categories the study may provide different averages for different materials as appropriate.

(B) Study protocols and timing must be included in the producer responsibility organization’s program plan and will be approved as a part of plan approval under ORS 459A.878. If multiple producer responsibility organization program plans are approved by DEQ, the producer responsibility organizations’ coordinating body will undertake one study and submit a joint study protocol to DEQ for approval in the manner provided by DEQ.

(C) Upon completion of a study, a producer responsibility organization, or coordinating body, will use the statewide averages from the study to determine the proportion of a shipment of recyclable material that is not covered products.

(c) If a local government, a local government’s service provider or a producer responsibility organization believes that the local commingled recycling stream has a substantially different proportion of recyclable material that is not covered products compared to the statewide average, then a local government, a local government’s service provider or a producer responsibility organization may, at their own expense, conduct a study to better determine the proportion of recyclable material that is not covered products in the local collected commingled recycling stream. The party conducting the study will provide the other parties and DEQ at least 30 days to comment on study methods. The dispute resolution process in the producer responsibility organization’s approved program plan shall apply to any dispute between the producer responsibility organization, or a coordinating body, and the local government or local government’s service provider regarding a study performed under this subsection. Upon completion of the study and subject to dispute resolution and DEQ concurrence, the averages determined in the study will be used by a producer responsibility organization, or a coordinating body, and the local government or local government’s service provider that performed the study.

(7) Transportation costs include the cost to receive, consolidate, and load covered products. If a shipment of material contains both covered products and material that is not covered products, the cost a producer responsibility organization, or a coordinating body, must pay to receive, consolidate and load are the costs associated with the covered product. If such costs associated with the covered products cannot be separated from such costs associated with material that is not covered product and a producer responsibility organization and a local government or local government’s service provider cannot otherwise agree on the payment of such costs, the producer responsibility organization, or coordinating body, will pay the total cost to receive, consolidate and load the material reduced by the estimated proportion of the material that is not covered product.

(8) For purposes of this rule, material is not fully commingled if a load of recyclable material intended to be transported to a commingled recycling processing facility contains some but not all the material listed on the Uniform Statewide Collection List.

Statutory/Other Authority: ORS 459A.975 & 468.020
Statutes/Other Implemented: ORS 459A.860 - 459A.975
History:
DEQ 18-2023, adopt filed 11/17/2023, effective 11/17/2023

340-090-0780
Method for Determining Payment of Transportation Costs

(1) A producer responsibility organization must include in a program plan submitted under ORS 459A.875 methods for calculating transportation costs.

(a) Methods may include rate schedules or zonal maps specific to locations and materials, periodic adjustments for fuel prices or other variable factors.

(b) Methods must account for proximity to an appropriate commingled recycling processing facility or responsible end market that has capacity to process or recycle the material and other factors that could affect transportation costs.

(c) Methods must include a voluntary option that allows local governments or service providers and a producer responsibility organization to agree to transfer some or all transportation responsibilities to the producer responsibility organization or coordinating body.

(d) A producer responsibility organization must share a draft approach and seek feedback from local governments and local government service providers to develop the proposed methods.

(e) DEQ will consider feedback from local governments and local government service providers on the method proposed by the producer responsibility organization in determining whether to approve the method as part of the producer responsibility plan under ORS 459A.878. DEQ may require a producer responsibility organization to amend an approved program plan at any time if the department determines that the approved methods are not adequate.

(f) A producer responsibility organization must implement the method for paying transportation costs approved as part of its program plan.

(2) A producer responsibility organization, or a coordinating body, a local government or designated local government’s service provider and DEQ may agree in writing to use an alternative method of calculating transportation costs that is not approved as part of the program plan, provided that the alternative method complies with ORS 459A.890(2)(c) and any other applicable requirements.

Statutory/Other Authority: ORS 459A.975 & 468.020
Statutes/Other Implemented: ORS 459A.860 - 459A.975
History:
DEQ 18-2023, adopt filed 11/17/2023, effective 11/17/2023

340-090-0790
Expansion of Service

(1) The program plan must describe how the producer responsibility organization will implement the requirements of ORS 459A.890(5), this section and OAR 340-090-0800. The producer responsibility plan must include:

(a) A schedule for implementing collection program expansions and improvements throughout the state;

(b) For the initial program plan period only (July 2025 through December 2027), a plan for how the producer responsibility organization will implement expansion of collection services according to the following order of priority:

(A) Highest priority shall be given to local governments that are not, or will not be, able to provide the opportunity to recycle as stated in ORS 459A.005 and ORS 459A.007, in the absence of producer responsibility organization funding.

(B) Existing recycling depots to provide for the collection of any materials that were formerly collected on-route by the local government or a local government’s service provider, as needed to ensure continuation of recycling opportunities.

(C) Existing recycling depots to provide for the collection of any materials that are not currently or were not formerly collected on-route by the local government or the local government’s service provider.

(D) Local governments with populations less than 4,000, according to the Portland State University Population Research Center’s most recent Population Estimate Report, or such other estimate approved by the department, regardless of whether they are looking to add new service or expand existing services.

(E) Local governments of any size that are looking to add new on-route or recycling depot service.

(F) All other local governments that are looking to expand existing on-route collection, recycling depots or both, in order of ascending population.

(c) For program plan periods after the initial period described in subsection (b) of this section, DEQ may provide guidance to a producer responsibility organization, or coordinating body, for the inclusion of any priority for implementing the expansion of collection service in a renewed program plan.

(d) A method for determining advanced funding or reimbursement amounts under ORS 459A.890(5), consistent with OAR 340-090-0810.

(e) An estimate of the total amount of funds that will be made available to each local government included in DEQ’s needs assessment under ORS 459A.890(5) per year; and

(f) Sample forms with details to be included in reimbursement or advanced funding requests from local governments or a local government’s service provider authorized by a local government to provide services under ORS 459A.890.

(2) A producer responsibility organization must submit a new plan or a plan amendment to a producer responsibility program plan according to ORS 459A.881 at the following times:

(a) When responding to a new needs assessment provided by DEQ according to ORS 459A.890(8) and OAR 340-090-0800; and

(b) When an updated estimate of the total amount of funds that will be made available to local governments under ORS 459A.890(5) over the course of the program plan period deviates from the estimated amount of funds in the program plan budget by more than 20%.

Statutory/Other Authority: ORS 459A.975 & 468.020
Statutes/Other Implemented: ORS 459A.860 - 459A.975
History:
DEQ 18-2023, adopt filed 11/17/2023, effective 11/17/2023

340-090-0800
Expansion of Service Funding and Needs Assessment

(1) Costs associated with the expansion and provision of recycling collection service for covered products, as provided by ORS 459A.890(5) are eligible costs for funding or reimbursement by a producer responsibility organization.

(a) A producer responsibility organization must provide funding for activities requested by local governments through the periodic needs assessment including, but not limited to:

(A) Adding new services,

(B) Expanding services, or

(C) Adding or expanding recycling depots as needed to provide convenient recycling opportunities.

(b) A producer responsibility organization, or coordinating body, will not provide funding for expansion that is inconsistent with the finalized terms of expansion between the producer responsibility organization, or coordinating body, and the local government or a local government’s service provider.

(c) Eligible costs under ORS 459A.890(5) include but are not limited to:

(A) Start-up costs for on-route programs including but not limited to:

(i) Trucks,

(ii) Collection containers, roll carts, or both,

(iii) On-board contamination monitoring equipment and software,

(iv) New program promotional literature,

(v) The process of hiring and training staff,

(vi) Staff safety equipment, and

(vii) Recycling reload facilities for reloading recyclables, including but not limited to any equipment necessary for moving, compacting, baling and loading recyclables for shipment for the recycling reload facility, provided that the facility is necessary, and no other facility is available or existing facilities are inadequate.

(B) Start-up and operational costs for recycling depots, including but not limited to:

(i) If necessary to establish such a location, acquiring, renting or leasing of land,

(ii) Site preparation or other start-up costs,

(iii) Collection containers,

(iv) Signage,

(v) On-site monitoring equipment,

(vi) Equipment to move, compact, bale and load recyclables for shipment,

(vii) Hiring and training staff,

(viii) Staff safety equipment, and

(ix) Operational costs,

(2) DEQ must conduct statewide needs assessments periodically in accordance with ORS 459A.890(8)(a).

(a) Local governments that request services through the periodic needs assessment will commit to providing additional services with an agreement with the producer responsibility organization, or coordinating body, after working with the producer responsibility organization, or coordinating body, to determine the details to be implemented according to 459A.890 (5)(b).

(b) Expansion of service commitments will be implemented by the local government and the local government’s service providers, with the producer responsibility organization, or coordinating body, providing financial and educational assistance to the committed effort during the first approved producer responsibility program plan.

(c) DEQ may conduct up to two local government needs assessments for the producer responsibility organization, or coordinating body, to respond to for each subsequent program plan according to ORS 459A.875.

(d) For expansion that is to occur at the beginning of a program plan subsequent to the initial program plan, DEQ will submit information to the producer responsibility organization, or coordinating body, from a local government needs assessment 18 months before the current program plan is due to expire.

(e) For expansion that is to occur mid-program plan, DEQ may submit information from a local government needs assessment at least four years before the current program plan is due to expire.

(f) When DEQ sends a local government needs assessment report to a producer responsibility organization, or coordinating body, within four years of the current program plan expiration, the producer responsibility organization, or coordinating body, must submit a program plan amendment to DEQ to address the service expansion interest from the needs assessment within 180 days.

(A) Upon completion of a request for expansion of service, any unused advanced funding provided by a producer responsibility organization, or coordinating body, to a local government or local government’s service provider, for the purposes of funding that expansion request, must be returned to the producer responsibility organization, or coordinating body, within 60 days of completion of the expansion request. An invoice detailing how the local government or local government’s service provider used the advanced funding must also be provided.

(B) Upon request of DEQ, a local government or a local government’s service provider must demonstrate to DEQ’s satisfaction that the funding a local government or a local government’s service provider received was used for its intended purpose.

(3) A local government must identify to DEQ service providers that are authorized to receive advanced funding or reimbursement directly, as described in this rule, from the producer responsibility organization, or coordinating body, via a process to be determined by the department. If for any reason a service provider to the local government changes, the local government is responsible for informing DEQ of that change.

(4) A local government and service providers authorized by a local government to provide services, that has received funds for expansion or improvements to recycling collection under ORS 459A.890 and this rule must report to the producer responsibility organization, or coordinating body, when the expansion or improvements have been fully implemented. A local government or a local government’s service provider authorized by a local government to provide services must also report the status of implementation to the producer responsibility organization, or coordinating body, on an annual basis for any funded collection program that has not been fully implemented, so that the producer responsibility organization, or coordinating body, may include that information in the annual report required under ORS 459A.887.

Statutory/Other Authority: ORS 459A.975 & 468.020
Statutes/Other Implemented: ORS 459A.860 - 459A.975
History:
DEQ 18-2023, adopt filed 11/17/2023, effective 11/17/2023

340-090-0810
Local Government Compensation and Invoicing

(1) A local government, a local government’s service provider, or other person authorized by a local government to receive payment, may request advanced funding or reimbursement of costs pursuant to ORS 459A.890.

(a) A producer responsibility organization must include in its program plan the following:

(A) A method for determining advanced funding or reimbursement amounts under ORS 459A.890(5).

(B) A description of the process a local government, a local government service provider or other persons authorized by a local government to receive payment must follow to invoice the producer responsibility organization for reimbursement of costs or advanced funding. The information provided may include sample forms for reimbursement or advanced funding requests.

(b) A local government, a local government’s service provider, or other person authorized by a local government to receive payment may not submit a reimbursement invoice to a producer responsibility organization, or coordinating body, more than once per month.

(c) A local government’s service provider, or other person authorized by a local government to receive payment, may submit an invoice jointly on behalf of multiple local governments. The local government-authorized entity submitting the joint invoice must list all jurisdictions represented and provide documentation from each jurisdiction that approves of the reimbursement request or otherwise authorizes them to seek funding on the local government’s behalf.

(d) If a local government, a local government’s service provider, or other person authorized by a local government to receive payment, receives advanced funding pursuant to ORS 459A.890, the local government must return to the producer responsibility organization that provided the funds any funds not used for the purposes for which they were provided within 60 days of completion of the project.

(e) A producer responsibility organization shall remit payment for eligible expenses to a local government or the local government’s service provider or other person authorized by the local government to receive payment within 60 days of receiving a request for payment. A producer responsibility organization shall provide written notification to the local government of any payments remitted to a person authorized by the local government to receive payment.

(2) Costs incurred by a local government, a local government’s service provider, or other person authorized by a local government to receive payment, including reload facilities and limited sort facilities that are also reload facilities, to implement the contamination evaluation procedures established by DEQ to meet the requirements of ORS 459A.929(2)(b) are eligible for funding or reimbursement pursuant to ORS 459A.890(3). Such costs include, but are not limited to:

(a) Staffing and administrative costs to carry out the contamination evaluation procedures established by DEQ pursuant to ORS 459A.959;

(b) Costs associated with hiring a contractor to carry out the contamination evaluation procedures established by DEQ pursuant to ORS 459A.959; and

(c) Costs associated with purchase, installation, and ongoing use and maintenance of technology and equipment to carry out the contamination evaluation procedures established by DEQ pursuant to ORS 459A.959.

(3) The following costs are not eligible for funding or reimbursement pursuant to ORS 459A.890(3):

(a) Costs beyond what is necessary to carry out the contamination evaluation procedures established by DEQ pursuant to ORS 459A.959;

(b) Costs associated with system expansion requests made under OAR 340-090-0800;

(c) Costs for contamination reduction programming compensated under ORS 459A.890(4);

(d) Costs incurred at limited sort facilities that are not also reload facilities; and

(e) Costs incurred at commingled recycling processing facilities.

(4) If DEQ establishes contamination evaluation procedures to meet the requirements of ORS 459A.929(2)(b) that require commingled recycling processing facilities, reload facilities and limited sort facilities to participate in a contamination evaluation procedure provided by a producer responsibility organization, then the producer responsibility organization would no longer be responsible for covering costs described in Section (2) of this rule, except for any costs the producer responsibility organization and the local government or a local government’s service provider have agreed the producer responsibility organization will fund or reimburse.

(5) For eligible costs incurred to conduct contamination reduction programming pursuant to ORS 459A.890(4), a local government, local government’s service provider, or other person authorized by a local government to receive payment shall receive up to $3 per capita of funding or reimbursement each fiscal year, July 1 through June 30.

(6) A local government, local government’s service provider or other authorized person serving a community with a population of no more than 25,000 may request and receive up to two years of advanced funding for contamination reduction programming conducted in accordance with ORS 459A.890(4).

(7) For the purpose of determining the population of a local government pursuant to ORS 459A.890(4)(b), a local government may rely on the Portland State University Population Research Center’s most recent certified Population Estimate Report, or such other estimate approved by the department. A local government must use the certified population estimates from the previous year to calculate the amount of contamination reduction programming compensation for the upcoming fiscal year, July 1 through June 30. If using an alternate approved data source, the most recent population estimate available on January 15 of each year must be used to calculate the amount of contamination reduction programming compensation for the upcoming fiscal year, July 1 through June 30.

Statutory/Other Authority: ORS 459A.975 & 468.020
Statutes/Other Implemented: ORS 459A.860 - 459A.975
History:
DEQ 20-2024, amend filed 11/24/2024, effective 11/24/2024
DEQ 18-2023, adopt filed 11/17/2023, effective 11/17/2023

340-090-0820
Processor Commodity Risk Fee

Under ORS 459A.923, a producer responsibility organization shall pay a commingled recycling process facility a processor commodity risk fee as provided by this rule.

(1) Calculation of fee. The processor commodity risk fee shall be the total eligible tons multiplied by the total of the fee rate in Section (2) less the average commodity value determined by DEQ pursuant to Section (3). For purposes of this section an eligible ton is a ton of commingled recyclable material collected, that has not been previously processed by a commingled recycling processing facility, that came from a collection program providing the opportunity to recycle into a commingled recycling processing facility that meets the requirements under ORS 459A.905(2)(a).

(2) The fee rate shall be as follows:

(a) $200 for the 2025 and 2026 program years (July 1, 2025 – Dec. 31, 2026);

(b) $286 for the 2027 program year (Jan. 1, 2027 – Dec. 31, 2027); and

(c) $245 for the 2028 program year (Jan. 1, 2028 – Dec. 31, 2028) and all years thereafter.

(3) Average Commodity Value. DEQ will determine the average commodity value monthly in accordance with this Section. DEQ will notify commingled recycling processing facilities of the Average Commodity Value for materials received during a given month within five business days of the start of subsequent month and will publish the Average Commodity Value on a designated DEQ webpage or in another manner similarly available to the public.

(a) Average commodity value is the weighted average market price multiplied by the Oregon-specific average commodity value differential of 1.0719. The weighted average market price is the sum of each of the commodity weighting factors, provided by Subsection (b), after each factor has been multiplied by published scrap price per ton, as determined pursuant to Subsection (c), for that commodity. The Oregon-specific average commodity value differential is the estimated difference between published values and values from actual market transactions.

(b) DEQ shall determine the commodity weighting factors as provided by this subsection.     

(A) Beginning July 1, 2025, and until DEQ updates the commodity weighting factors, as described in Paragraph (B) of this Subsection, the commodity weighting factors shall be:

(i) Cardboard, 0.50;

(ii) Paper Fiber other than Cardboard, 0.33;

(iii) Polyethylene Terephthalate (PET), 0.021;

(iv) High-Density Polyethylene (HDPE), Natural, 0.015;

(v) High-Density Polyethylene, Color, 0.02;

(vi) Mixed Plastic, 0.013;

(vii) Tin and Steel Cans, 0.014;

(viii) Aluminum, 0.008; and

(ix) Other Materials (including contamination), 0.079.

(B) DEQ shall update the commodity weighting factors provided by Paragraph (A) of this Subsection as follows:

(i) DEQ shall review material disposition data for commingled recyclables and other materials (including contamination) reported to it by commingled recycling processing facilities, pursuant to OAR 340-096-0310(2)(a)(B), as of 12:01 a.m. on the 46th day following the end of each calendar quarter, March 31, June 30, September 30, December 31. DEQ shall also review any corrections reported to data from prior quarters that DEQ has not previously considered in the calculation of commodity weighting factors.

(ii) DEQ shall add tonnages of disposition data and corrections reported to DEQ to generate a statewide total for each material category described in Subparagraphs (i) to (ix) of Paragraph (A).

(iii) DEQ shall add tonnages calculated under Subparagraph (2) of this Paragraph for all material categories to determine the total of all materials.

(iv) DEQ shall divide material category-specific results determined under Subparagraph (2) of this Paragraph by results of Subparagraph (3) of this Paragraph for a compositional value for each material.

(v) The results of Subparagraph (4) of this paragraph shall be the commodity weighting factors.

(c) DEQ shall determine the published scrap price per ton for each commodity as described in this subsection.

(A) DEQ will use price data from the following two sources: RecyclingMarkets.net, Secondary Materials Pricing and Waste Paper Composite Index a part of Secondary Commodity Composite Index. DEQ will use the sources for each commodity as follows:

(i) For Cardboard DEQ will use the blended average of 50 percent RecyclingMarkets.net OCC PS11 and 50 percent Waste Paper Composite Index, baled OCC;

(ii) For Paper Fiber other than Cardboard DEQ will use the weighted average of 78 percent mixed paper price from RecyclingMarkets.net, PS54 and Waste Paper Composite Index, mixed baled waste paper and 22 percent Sorted Residential Papers (RecyclingMarkets.net, PS56)

(iii) For Polyethylene Terephthalate (PET), DEQ will use RecyclingMarkets.net, PET baled, picked up;

(iv) For High-Density Polyethylene (HDPE) Natural, DEQ will use RecyclingMarkets.net, HDPE natural baled, picked up;

(v) For High-Density Polyethylene Color, DEQ will use RecyclingMarkets.net, HDPE color baled, picked up;

(vi) For Mixed Plastic, DEQ will use RecyclingMarkets.net, #3-#7 baled, picked up;

(vii) For Tin and Steel Cans, DEQ will use RecyclingMarkets.net, steel cans, sorted, baled, picked up;

(viii) For Aluminum, DEQ will use RecyclingMarkets.net, aluminum cans, sorted, baled, picked up;

(ix) For Other materials the market price shall be $0 per ton.

(B) DEQ will use price data from the sources described in Paragraph (A) that is specific to Region 4, Pacific Northwest, where prices are reported on a regional basis. Where price data is reported only on a national basis, DEQ will use national price data. For price data sourced from the Waste Paper Composite Index, DEQ will utilize the published commodity value for the month. For price data sourced from Recyclingmarkets.net, DEQ will determine the commodity value for the month by identifying the Regional Average prices for each day that data is published, for the last day of the prior month and through the end of month in question to identify the daily commodity values. Once the daily values are identified, DEQ will use the daily values to calculate the average commodity value for the month.

(C) If either data sources described in Paragraph (A) become unavailable, DEQ will calculate the percent change to the price of that commodity using the secondary sources described in Paragraph (D) between the current month and the last month that the source described in Paragraph (A) was available. DEQ will then apply that percent change to the last month that data from the source described in Paragraph (A) was available.

(D) DEQ will utilize the following secondary sources, if necessary, to determine the published market value for a commodity:

(i) For Cardboard and Paper Fiber other than Cardboard DEQ will use the FRED Producer Price Index by Commodity: Pulp, Paper, and Allied Products: Recyclable Paper to determine the percent change by month;

(ii) For PET DEQ will use PlasticsNews.com North America recycled plastic resin price for clear post-consumer flake to determine the percent change by month;

(iii) For HDPE, natural, DEQ will use PlasticsNews.com North America recycled plastic resin price for natural, post-consumer flake to determine the percent change by month;

(iv) For HDPE color, DEQ will use PlasticsNews.com North America recycled plastic resin price for mixed colors post-consumer flake to determine the percent change by month;

(v) For mixed plastic material, utilize Scrapindex.org’s monthly Mixed Sortable Plastic Scrap price for mixed plastic material;

(vi) For mixed scrap iron and steel, utilize Scrapindex.org’s monthly mixed scrap iron and steel price for mixed scrap iron and steel; and

(vii) For aluminum, DEQ will use ScrapIndex.org baled UBC monthly price to determine the percent change by month.

(E) Should any of the secondary sources described in Paragraph (D) become unavailable, DEQ will adjust the market price for the commodity by the percent change in Consumer Price Index for all Urban Consumers as published by the United States Bureau of Labor Statistics for the most recently published month.

(4) Invoicing. A commingled recycling processing facility shall invoice the processor commodity risk fee on forms provided by DEQ and as provided by this section.

(a) A commingled recycling processing facility may invoice a producer responsibility organization for any tons processed in a month after that month has concluded. A commingled recycling processing facility shall not combine tons from different months. Tons shall be invoiced specific to the month and year they were processed.

(b) All tons will be invoiced using the average commodity value established by DEQ for the month the tons were processed, regardless of when the tons are invoiced.

(c) A commingled recycling processing facility shall not include any amount of commingled recycling which originated outside the State of Oregon on an invoice.

(d) A commingled recycling processing facility shall not include any amount of non-commingled recycling handled by the facility on an invoice.

(e) A commingled recycling processing facility shall not include any amount of commingled recycling that was already invoiced by a different commingled recycling processing facility on an invoice. In the event multiple commingled recycling processing facilities process commingled recyclable material the commingled recycling processing facilities shall negotiate and agree upon a fair distribution of the fee between the commingled recycling processing facilities.

(f) A commingled recycling processing facility shall not include on an invoice any amount of material that is eligible to be invoiced for the purpose of receiving Contamination Management Fee funding, pursuant to OAR 340-090-0830.

(5) Reporting and Review.

(a) A commingled recycling processing facility shall report information related to the fee, Reporting shall include:  

(A) Information to ensure that producers share in the costs of fully processing commingled recyclables that are covered products and to allow local governments to reduce the financial impacts on ratepayers, as described in this rule; and

(B) as Any other information required by DEQ, including but not limited, monthly transactional data associated with each inbound load of commingled recyclables received by the processing facility such as transactional-level data identifying the number of tons received per jurisdiction the service provider collected the load from and any special fees assessed for contamination.  Such information shall be provided on forms provided by DEQ.

(b) DEQ or the producer responsibility organization may conduct on-site and off-site assessments of facility-specific data, to ensure that a commingled recycling processing facility is in compliance with this rule and is correctly invoicing tons. If a commingled recycling processing facility invoices and is paid by a producer responsibility organization for tons of material that were not eligible for the fee under this rule the commingled recycling processing facility shall promptly reimburse the producer responsibility organization.

Statutory/Other Authority: ORS 459A.923
Statutes/Other Implemented: ORS 459A.923
History:
DEQ 10-2025, minor correction filed 04/04/2025, effective 04/04/2025
DEQ 20-2024, adopt filed 11/24/2024, effective 11/24/2024

340-090-0830
Contamination Management Fee

A producer responsibility organization shall pay a commingled recycling processing facility that meets the requirements of ORS 459A.905(2)(a) for the cost of removing and disposing of covered products that are contaminants as provided by this rule.

(1) Calculation of Fee and Invoicing. The contamination management fee shall be the fee rate provided by Section (2) multiplied by the tons of eligible material provided by Section (3) multiplied by .467, the percentage of contamination in the average ton of commingled recyclable material that is covered product. The fee shall be calculated and invoiced by a commingled recycling processing facility on forms provided by DEQ. The fee shall be invoiced no more than once per month and payment must be made within 45 days of invoice.

(2) Fee Rate. The fee rate shall be the following:

(a) $341 for the 2025 and 2026 program years, July 1, 2025 – December 31, 2026;

(b) $432 for the 2027 program year, January 1, 2027 – December 31, 2027;

(c) $418 for all program years after the 2027 program year.

(3) Tons of eligible material shall be determined by weighting eligible material.

(a) For purposes of this rule eligible material is:

(A) Any covered product, as defined under ORS 459A.863(6), that is not listed for collection on the Uniform Statewide Collection List, under ORS 459A.914(1)(a), and is in the inbound stream at a commingled recycling processing facility; and

(B) Any covered product that is included in the Uniform Statewide Collection List but which was improperly prepared by system users to the point the material  requires significant additional effort for the processing facility to handle or market.

(C) Eligible material does not include ineligible material, as described in Subsection (b).

(b) For purposes of this rule ineligible material is:

(A) Any material that is listed on the Uniform Statewide Collection List and properly prepared for recycling;

(B) Any material that is not a covered product as defined by ORS 459A.863(6)(b);

(C) Any material that originated outside of Oregon; and

(D) Any material originating in a mixed waste processing system that has been transferred to a co-located commingled recycling processing facility for the purposes of processing.

(4) Covered product contamination.

(a) A commingled recycling processing facility may include in the contamination management fee all tons of Oregon-generated covered product contamination processed and marketed, provided that the covered product is accepted and desired by the responsible end market and all other standards for reporting and responsible end markets are met, as stated under OAR 340-096-0310.

(b) A ton described in this Section may only be included in an invoice for contamination management fee funding if the non-Uniform Statewide Collection List material is baled or otherwise marketed separately from uniform statewide collection list material.

(c) The fee for a ton of material described in this section will be the total tons of material processed and marketed multiplied by the fee rate in Section (2) multiplied by the following adjustment:

(A) 75 percent for all glass covered product contamination processed and marketed;

(B) 80 percent for non- Uniform Statewide Collection List covered product plastic material processed and marketed; and

(C) 100 percent of the established fee rate for covered film plastic processed and marketed.

(d) The fee shall be calculated and invoiced by a commingled recycling processing facility on forms provided by DEQ. The fee shall be invoiced no more than once per month and payment must be made within 45 days of invoice.

(5) Reporting and Review.

(a) Commingled recycling process facilities shall report information related to the fee described in this rule as required by DEQ, including but not limited to:

(A) Reporting of ineligible tons of out of state generated material processed;

(B) Reporting of transactional data associated with each inbound load of commingled recyclables delivered to the facility, as required by DEQ;

(C) Monthly reporting of the invoiceable outbound residual tonnage figure and the total tons of covered product contamination sent to market. These two items cannot be reported in a combined manner.

(b) DEQ shall review the fee at least once every five years, but no more frequently than once per year.

(c) DEQ or a producer responsibility organization may conduct on-site and off-site assessments of facility-specific data, to ensure data is accurate and that a processing facility is not invoicing for ineligible material. If a commingled recycling processing facility invoices and is paid by a producer responsibility organization for tons of material that were not eligible for the fee under this rule the commingled recycling processing facility shall promptly reimburse the producer responsibility organization.

Statutory/Other Authority: ORS 459A.920
Statutes/Other Implemented: ORS 459A.920
History:
DEQ 20-2024, adopt filed 11/24/2024, effective 11/24/2024

340-090-0840  Temporary rule language in effect until 03/12/2027.
Covered Products

(1) Food serviceware and packaging. For purposes of ORS 459A.863(7) and (18):

(a) Packaging includes materials used in storage. A storage item is an item purchased empty and used for storage of other material, including but not limited to file boxes and folders, moving boxes, plastic storage bags, food containers for perishable or non-perishable foods, plastic storage containers for durable items including large bins with and without lids, and garbage bags unless exempted by OAR 340-090-0840(2)(f).

(b) Packaging includes service packaging. Service packaging is packaging that is filled at the point of sale for the purpose of transferring goods to a consumer. Service packaging includes but is not limited to:

(A) Single-use shopping bags, including checkout, produce, and bulk food bags;

(B) Bags, wraps, single-use trays and associated items such as paper used to separate slices of cheese, and used by a retailer for packaging cheese, tofu, produce, meat, and fish;

(C) Trays provided to a consumer for containing multiple plants purchased at a nursery; and

(D) Bags or envelopes used to contain screws, nails and other bulk fasteners at a hardware store.

(c) Packaging includes materials used for shipping or moving. A shipping or moving item is used for shipping or moving products and includes but is not limited to boxes, envelopes, labels, bubble wrap, packing peanuts, packing paper and packing tape.

(d) Food serviceware includes wraps sold directly to consumers, including but not limited to aluminum foil, film wrap, wax paper, and parchment paper.

(e) Food serviceware is used to contain or consume food or drink that is ready to eat. Food serviceware is sold empty or unused to a retailer, a dine-in food establishment or a take-out food establishment, regardless of whether the item is used to prepackage food for resale, is filled on site for food ordered by a customer or is resold as is. As used in this Subsection, ready to eat food is prepared or cooked in advance, with no further cooking or preparation required before consumption.

(2) The following are not covered products:

(a) Packaging that is used for the long-term (five or more years) storage of a durable good as defined by the Bureau of Economic Analysis, United States Department of Commerce, in its online glossary at https://www.bea.gov/help/glossary/durable-goods.

(b) Packaging of the following medical devices:

(A) Class II medical devices, as defined in the Federal Food, Drug, and Cosmetics Act at 21 U.S.C. Sec. 360(c), that are sold labeled as sterile and for which a 510(k) premarket notification pursuant to 21 U.S.C. Sec. 360(k) has been cleared by the Food and Drug Administration.

(B) Class III medical devices as defined in the Federal Food, Drug, and Cosmetics Act at 21 U.S.C. Sec. 360(c).

(c) Packaging used in healthcare facilities, as defined in ORS 442.015, for the management of infectious waste as defined in ORS 459.386.

(d) Packaging of the following agricultural chemicals:

(A) Pesticides classified as restricted-use under the Federal Insecticide, Fungicide and Rodenticide Act at 7 U.S.C. Sec. 136a and 40 CFR part 152, subpart I, and sold to licensed commercial applicators.

(B) Returnable or refillable intermediate bulk containers containing commercial-use pesticides, fertilizers and agricultural amendments.

(C) Returnable or refillable asset totes, drums, and kegs containing commercial-use pesticides, fertilizers and agricultural amendments.

(D) Rigid HDPE packaging of commercial-use pesticides, fertilizers, adjuvants, surfactants, and agricultural amendments produced by members of the Ag Container Recycling Council or ACRC and eligible for collection by ACRC.

(i) This exemption does not apply in any year that ACRC fails to submit data to DEQ, in a form and manner provided by DEQ, that demonstrates ACRC’s maintenance of a consistent collection rate and standard of convenience compared with a baseline year of 2023, and that ACRC is recycling the containers at responsible end markets.

(ii) Once every five years and beginning no later than in 2027, ACRC must corroborate its self-reporting by arranging and paying for a third-party audit of its collection program in Oregon and providing results to the department.

(e) Reusable and refillable pressurized cylinders of the following types:

(A) Pure hydrogen or oxygen cylinders of any size;

(B) Acetylene cylinders, 10 cubic feet and larger in size; and

(C) Carbon dioxide cylinders, 5 lbs. and larger in size.

(f) Garbage bags.  For purposes of this exemption a garbage bag is a plastic bag intended to be used primarily for containing landfill-bound garbage.  In determining the intended use of the plastic bag for this exemption, DEQ will consider how the plastic bags are marketed to the public in Oregon and any other relevant information.  Plastic bags that are labeled or marketed as a storage item, intended to be used primarily for the purposes of containing or presenting a consumer product, or primarily for any purpose other than containing landfill-bound garbage, are not eligible for this exemption.  

(A) To qualify for this exemption a producer must:

(i) Not market in Oregon, through text on the packaging, that any plastic bags similar to a garbage bag sold at physical retail in Oregon fulfill a purpose of recycling any covered products on Oregon’s uniform statewide collection list,

(ii) Not market in Oregon, through text on either the packaging or the e-commerce platform, that any plastic bags similar to a garbage bag remotely sold or distributed into Oregon fulfill a purpose of recycling any covered products on Oregon’s uniform statewide collection list,  

(iii) If the producer becomes aware of another party selling its plastic bags similar to a garbage bag in or into Oregon in packaging that indicates that the bags fulfill a purpose of recycling any covered products on Oregon’s uniform statewide collection list, submit a request to that party, or to the party that owns the selling platform being used, directing or asking them to stop selling the product in or into Oregon or to remove the claim that the bags fulfill that purpose,

(iv) Annually certify that it meets the conditions described in subparagraph (i) through (iii) of this paragraph.

(v) Be in compliance with the requirements of ORS 459A.869 prior to January 1 2027, or otherwise have entered into an agreement with a Department-approved producer responsibility organization to pay back fees that the producer would have owed prior to January 1 2027.  

(B) For purposes of this exemption, the term “market” means to provide, create, use, communicate, approve or distribute packaging and labeling claims, product descriptions, and promotional materials including on-product packaging, producer websites, and producer-managed sales channels. The term “market” includes only activities performed by or on behalf of the producer for products sold or offered for sale in the state of Oregon, and does not include any marketing content directed to states other than Oregon, including third-party retailer product-detail pages, search-engine summaries, and consumer-generated content, unless the producer provided the specific text or imagery, or authorization of such text or imagery. General statements about film strength, transparency, or capacity, and depictions of ordinary household refuse, do not constitute a representation, nor do design elements such as color or dimensions.

(3) For purposes of ORS 459A.869(13), an exemption for products collected and recycled outside of Opportunity To Recycle:

(a) Collection services not provided under the opportunity to recycle include but are not limited to the following.

(A) Any collection from a commercial generator that is not used by a local government to comply with ORS 459A.005 or .007, including:

(i) Commercial generators collecting and sending materials directly to end markets and exempt from the requirements of ORS 459A.005 and .007 per ORS 459A.075; and

(ii) Collection points that accept materials from consumers and send them directly to end markets.

(B) Any collection of materials from residential generators that is not used by a local government to comply with ORS 459A.005 or .007 and that does not send materials to a commingled recycling processing facility before they go to end markets.

(b) Separation means separation of two or more commingled materials from one another or removal of contamination from a material that was collected source segregated.

(c) A material is recycled at a responsible end market if the end market has been verified as responsible by a producer responsibility organization pursuant to OAR 340-090-0670(3)(f) or certified responsible through third-party certification from an Environmental Quality Commission-approved program pursuant to ORS 459A.955(2)(h)(A)(ii) and OAR 340-090-0670(3)(a)(B). The certification, verification, or the most recent renewal audit of either the certification or the verification conducted pursuant to OAR 340-090-0670(3)(g) must have occurred within a calendar year of the producer requesting the exemption.

(d) Materials collected through a recycling collection service provided under ORS 459A.896(1) and used by a producer responsibility organization to satisfy the convenience standards are not eligible for the exemption. This applies both to physical collection points counted by a producer responsibility organization toward the convenience standard at OAR 340-090-0640(2) and to collection applied by a producer responsibility organization toward alternative compliance to convenience standards pursuant to OAR 340-090-0640(6).

Statutory/Other Authority: ORS 459A.863
Statutes/Other Implemented: ORS 459A.863
History:
DEQ 10-2026, temporary amend filed 09/14/2026, effective 09/14/2026 through 03/12/2027
DEQ 20-2024, adopt filed 11/24/2024, effective 11/24/2024

340-090-0850
2024 Producer Responsibility Organization Annual Reporting

A producer responsibility organization must include in its annual report for 2025 an addendum that provides a complete accounting of costs incurred in 2024 relating to activities described in ORS 459A.887(2)(e) to (i). The addendum should contribute to demonstrating that fees are adequate to cover the costs of the program, including start-up costs incurred prior to the start date.

Statutory/Other Authority: ORS 459A.887
Statutes/Other Implemented: ORS 459A.887
History:
DEQ 20-2024, adopt filed 11/24/2024, effective 11/24/2024

340-090-0860
Producer Definitions

(1) Tiered producer definition for items sold in packaging at a physical retail location in this state. For purposes of ORS 459A.866(1)(a):

(a) A person that manufactures a packaged item includes a person that directs the manufacturing of the item, including setting specifications for an item’s packaging. Purchasing or ordering an item for retail sale in the normal course of business is not directing manufacturing.

(b) The manufacturer’s own brand includes any brand or trademark that the manufacturer wholly owns or co-owns according to the United States Patent and Trademark Office.

(2) The producer of a storage item, as defined at OAR 340-090-0840(1)(a), sold at a physical retail location in this state shall be determined as follows:

(a) If the storage item is sold under the manufacturer’s own brand or is sold without identification of a brand, the producer of the storage item is the person that manufactures the storage item;

(b) If the storage item is manufactured by a person other than the brand owner, the producer of the storage item is the person that is the licensee of a brand or trademark under which the storage item is used in a commercial enterprise, sold, offered for sale or distributed in or into this state, whether or not the trademark is registered in this state; or

(c) If there is no person described in subparagraphs (A) and (B) of this paragraph within the United States, the producer of the storage item is the person that imports the storage item into the United States for use in a commercial enterprise that sells, offers for sale or distributes the item in this state.

(3) The producer of shipping or moving items, as defined at OAR 340-090-0840(1)(c), sold at a physical retail location in this state shall be determined as follows:

(a) If the shipping or moving item is sold under the manufacturer’s own brand or is sold without identification of a brand, the producer of the shipping or moving item is the person that manufactures the shipping or moving item;

(b) If the shipping or moving item is manufactured by a person other than the brand owner, the producer of the shipping or moving item is the person that is the licensee of a brand or trademark under which the shipping or moving item is used in a commercial enterprise, sold, offered for sale or distributed in or into this state, whether or not the trademark is registered in this state; or

(c) If there is no person described in subparagraphs (A) and (B) of this paragraph within the United States, the producer of the storage item is the person that imports the shipping or moving item into the United States for use in a commercial enterprise that sells, offers for sale or distributes the item in this state.

(4) For service packaging sold or provided to a consumer at a physical retail location in this state, the producer of the service packaging is the person that first sells the packaging in or into this state.

(5) For purposes of determining the obligated producer for printing and writing paper:

(a) Pursuant to ORS 459A.866(2)(a), the publisher is the producer of printing and writing paper that is a magazine, newspaper, catalog, telephone directory, or other specialty-printed publication.

(b) Pursuant to ORS 459A.866(2)(b)(A)-(C), a three-tiered definition is used to determine the producer of all printing and writing paper that is not a specialty-printed publication.

(c) Prevention of double-counting. In the case that a specialty-printed publication is produced from paper used for copying, writing, or other general use (for example, from a ream of 8.5x11 paper), the three-tiered definition at ORS 459A.866(2)(b) applies to determine the producer for the source paper, and the publisher is not the producer.

(d) Pursuant to ORS 459A.866(2)(b)(A), a person that manufactures a printing and writing paper product includes a person that directs the manufacturing of the product, including setting specifications for the product. Purchasing or ordering a product for retail sale in the normal course of business is not directing manufacturing.

(6) For purposes of identifying large and small producers pursuant to ORS 459A.863(8) and (32), a producer includes associate producers as provided by this section.

(a) Associated producers are two or more producers that are:

(A) Owned by members of the same family, including siblings, spouses, ancestors, and lineal descendants, and engaged in the same type of business activity;

(B) Jointly-owned where one producer owns or controls, directly or indirectly, more than 50 percent of the outstanding stock, membership, partnership or similar interests of the other producer or producers;

(C) Members of the same controlled group as defined in Section 1563(a) of the Internal Revenue Code;

(D) A fiduciary or fiduciaries of a trust and a corporation of which more than 50 percent in value of the outstanding stock is owned or controlled by the trust or by a person who is a grantor of the trust;

(E) A corporation and a partnership or LLC, or partnerships or LLCs, if the same persons own or control more than 50 percent of the outstanding stock, or more than 50 percent of the interest, of the corporation and of the partnership or LLC;

(F) S corporations or C corporations if the same persons own or control more than 50 percent of the outstanding stock of each or all corporations.

(b) Associated producers’ data on covered product sold in or into the state and gross annual revenues must be aggregated for the purpose of applying the large producer and small producer definitions, and for determining producer eligibility for uniform fees pursuant to ORS 459A.884(6).

Statutory/Other Authority: ORS 459A.866
Statutes/Other Implemented: ORS 459A.866
History:
DEQ 20-2024, adopt filed 11/24/2024, effective 11/24/2024

340-090-0870
Producer Pre-Registration

A producer that intends to sell, offer for sale or distribute covered products in or into this state on or after July 1, 2025 must pre-register with and submit data on covered products sold in or into the state in 2024 to a producer responsibility organization no later than March 31, 2025. Failure to pre-register does not prevent a producer from registering with a producer responsibility organization and beginning to pay member fees on or after July 1, 2025. This requirement does not apply to small producers, nor to producers that did not sell, offer for sale, or distribute covered products in or into the state in 2024.

Statutory/Other Authority: ORS 459A.866
Statutes/Other Implemented: ORS 459A.866
History:
DEQ 20-2024, adopt filed 11/24/2024, effective 11/24/2024

340-090-0900
Life Cycle Evaluation Definitions

Terms used in OAR 340-090-0910 to 0940 have the meanings provided by this rule.

(1) Allocation has the meaning provided by ISO 14044:2016: partitioning the input or output flows of a process or a product system between the product system under study and one or more other product systems.

(2) Attributional Life Cycle Assessment means an approach to life cycle assessment that attempts to provide information about the portion of global environmental, human health, and natural resource use impacts that can be associated with a particular product and its life cycle.

(3) Biogenic Carbon means carbon dioxide (CO2) that is removed from the atmosphere by plants, through photosynthesis. This is distinct from fossil carbon, which comes from the combustion of fossil fuels and is not part of the natural carbon cycle.

(4) Break-even point means the number of reuses required for the environmental impact of a reusable or refillable packaging product to equal the environmental impact of an alternative single use covered product. Any additional reuse cycles of a reusable or refillable packaging product beyond the break-even point would result in environmental savings.

(5) Characterization factor means a numeric value derived from environmental modeling that is used to convert a particular life cycle inventory analysis result expressed in distinct units to the common unit used for all inventory analysis results that feed into a particular category indicator.

(6) Contaminant means trace amounts of chemicals that are incidental to manufacturing and that serve no intended function in the product component, including but not limited to:

(a) Unintended by-products of chemical reactions during the manufacture of the product component;

(b) Trace impurities in feedstock;

(c) Incompletely reacted chemical mixtures; and

(d) Degradation products.

(7) Cradle-to-grave means a product’s life-cycle that includes all relevant inputs and outputs of raw material extraction, processing, distribution, storage, use, and disposal or recycling stages.

(8) Cut-off criteria means thresholds for exclusion of particular flows or unit processes from a study on the basis of their amounts or the level of their environmental significance for the product system.

(9) Double-Counting means an error in life cycle assessment whereby a flow, unit process, or other function is represented in a duplicative manner.

(10) Durable means designed to accomplish as many use cycles as possible in normally predictable conditions of use.

(11) Environmental relevance means, the connection to and contribution of, an input or output within the life cycle inventory to an overall environmental impact (e.g. global warming potential).

(12) Flow means a quantified input to or output from a product system. Specific flow definitions are provided by ISO 14044 § 3.12, 3.13, 3.22, 3.27 and 3.29 apply.

(13) Functional unit means a clearly defined and measurable reference unit for life cycle assessment that describes a fixed amount of material used to fulfill a particular function for a particular quantity, quality, and duration. All input and output data of the life cycle assessment, generated pursuant to OAR 340-090-0930 and 0940 must be expressed in terms of the functional unit in order to maximize potential for comparability.

(14) Greenhouse global warming potential (GWP) means a characterization factor describing the radiative forcing impact of one mass-based unit of a given greenhouse gas relative to that of carbon dioxide over a given period of time.

(15) Hazardous substance means chemicals that are considered potentially hazardous in consumer products in Oregon through their designation as a high priority chemical of concern to children pursuant to OAR 333-016-2020, or as a chemical pursuant to ORS 431A.345(1)-(2) or OAR 333-016-2020.

(16) Highest and best reuse means use pathways that ensure reuse of a covered product in a similar or more environmentally preferential way, as opposed to reuse that leads to environmentally worse outcomes.

(17) Information module means a compilation of data that describes a particular portion of the covered product’s life cycle.

(18) Impact category means a class of environmental issues of concern, such as climate change or particulate matter, to which life cycle inventory analysis results may be assigned.

(19) Impact category indicator means a quantifiable representation of an impact category.

(20) Input means a product, material or energy flow that enters a unit process.

(21) Intentionally-added means a substance that serves an intended function in the final covered product or in the manufacturing of the covered product or part of the covered product.

(a) The use of a hazardous substance as a processing agent, mold release agent or intermediate is considered intentional introduction where the hazardous substance is present at a concentration above the practical quantification limit in the finished product. Producers may rebut this presumption by providing credible evidence to demonstrate that the product was not intentionally-added.

(b) The use of PFAS is presumed intentional if any total fluorine is present in the finished covered product. Producers may rebut this presumption by providing credible evidence to demonstrate that PFAS were not intentionally added.

(c) The use of flame retardants is presumed intentional if a hazardous substance that belongs to this chemical class is present in the finished product at a concentration above 1,000 parts per million. Producers may rebut this presumption by providing credible evidence to demonstrate that the flame retardant was not intentionally added.

(d) The use of post-consumer recycled materials as feedstock for the manufacture of new covered products, where the covered product may contain amounts of the regulated chemicals but is neither desired nor deliberate, is not considered intentional addition for the purposes of this Act.

(22) Internal normalization means that impact indicator results for the impact reduction scenario are divided by the same category of impact indicator results for the baseline scenario prior to impact reduction.

(23) International Organization for Standardization (ISO) is a non-governmental organization that develops consensus-based standards for businesses and consumers. Many ISO standards are cross-referenced in these rules and can be obtained at https://www.iso.org/standards.html.

(24) Life cycle impact assessment means a phase of a life cycle assessment aimed at understanding and evaluating the magnitude and significance of the potential environmental impacts for a product system throughout the life cycle of the product.

(25) Life cycle inventory analysis means a phase of a life cycle assessment involving the compilation and quantification of inputs and outputs for a product throughout its life cycle.

(26) Impact category means a class of environmental issues of concern, such as climate change or particulate matter, to which life cycle inventory analysis results may be assigned.

(27) Impact category indicator means a quantifiable representation of an impact category.

(28) Midpoint indicator means an environmental impact assessment method that focuses on singular environmental problems and measures impact at an intermediate stage of the cause-effect change, before the final endpoint is reached.

(29) Output means a product, material, or energy flow that leaves a unit process.

(30) PFAS means perfluoroalkyl and polyfluoroalkyl substances, a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

(31) Plastic leakage means plastic leaving the technosphere and accumulating in the natural environment, be it soil, air, or rivers and ocean.

(32) Practical quantification limit means the lowest concentration of a chemical that can be reliably measured within specified limits of precision, accuracy, representativeness, completeness and comparability during routine laboratory operating conditions.

(a) The chemical-specific Practical Quantification Limits and methods of detection in OAR 333-016-2035, Exhibit A, apply.

(b) The Practical Quantification Limit for Perfluorooctanoic acid and related substances (PFOA), a member of the PFAS class of chemicals for which no Practical Quantification Limit has yet been set in Oregon, is .001 parts per million, in alignment with Washington’s Children’s Safe Products Act.

(c) The Practical Quantification Limit for lead, for which no Practical Quantification Limit has yet been set in Oregon, is one part per million, in alignment with Washington’s Toxic Free Cosmetics Act.

(33) Process means a set of interrelated or interacting activities that transforms inputs into outputs.

(34) Product category rule (PCR) means a set of specific rules, requirements, and guidelines for performing life cycle assessment for a particular product category.

(35) Product System means the collection of unit processes with elementary and product flows, performing one or more defined functions, and which models the life cycle of a product.

(36) Project report means a report detailing results of a life cycle evaluation of a covered product performed in accordance with OAR 340-090-0930 to 0940, containing all contents listed in OAR 340-090-0920.

(37) Refill cycle means the processes and conditions associated with use of a refillable packaging product.  A refill cycle is considered complete when a consumer has emptied the packaging, obtained a new supply of the product intended to be used, and refilled the packaging with said supply.

(38) Refillable packaging product means a packaging product that is:

(a) Designed to be refilled by consumers multiple times for the same or similar purposes in its original format;

(b) Refilled without the support of any commercial or publicly-owned infrastructure and without return of the packaging to the producer or a third-party after each use; and

(c) Actually refilled by consumers.

(39) Return rate factor means a numeric value generated by dividing the total amount of a covered packaging product returned to the system by the total amount of a covered packaging product placed into commerce.

(40) Reuse cycle means the processes and conditions associated with use of a reusable packaging product.  A reuse cycle is considered complete when a package or product has been emptied by the consumer, returned to a producer or third-party system, reused for its original intended purpose in its original format, and returned to the market.

(41) Reusable packaging product means a packaging product that is:

(a) Designed to be recirculated multiple times for the same or similar purpose in its original format;

(b) Supported with adequate commercial or publicly-owned infrastructure to enable the highest and best reuse;

(c) Returned to a producer or third party after each use; and

(d) Actually reused.

(42) Scenario means a collection of assumptions and information relevant to possible future events.

(43) Scenario analysis means a type of sensitivity analysis that evaluates impacts of a possible future situation and is based on specific assumptions about the future, and (when relevant) also includes the presentation of the development from the present to the future.

(44) Sensitivity analysis means a systematic procedure for estimating the effects of the choices made regarding methods and data on the outcome of a life cycle assessment.

(45) Stock keeping unit means a unique identifier, typically an eight-digit code or a scannable bar code, that is assigned by a producer to each product in the producer’s inventory.

(46) Substantial impact reduction means a 10% or more reduction of impacts resulting from an impact reduction action undertaken by a producer and measured through comparison of two scenarios, before the producer action (e.g. the baseline scenario) and after the producer action, following the rules outlined in OAR 340-090-0930(3)(c).

(47) Substitution credits means credits granted to the product system for outputs of end-of-life treatments, such as recycling.

(48) System Boundary means a set of criteria specifying which unit processes are part of a product system.

(49) Technosphere means the part of the environment made or modified by humans, pertaining to energy and material consumption.

(50) Unit Process means the smallest element considered in life cycle inventory analysis for which input and output data are quantified.

Statutory/Other Authority: ORS 459A.944 & 459A.884
Statutes/Other Implemented: ORS 459A.944 & 459A.884
History:
DEQ 20-2024, adopt filed 11/24/2024, effective 11/24/2024

340-090-0910
Scope and Applicability

(1) OAR 340-090-0900 to 0940 are collectively referred to as the life cycle evaluation or LCE rules. The LCE rules implement ORS 459A.944 and provide standards for the evaluation and disclosure of the environmental impacts of covered products through the life cycle of the products. The LCE rules shall be used by large producers to meet the requirements of ORS 459A.944(2), as provided by Section 2 of this rule, and by producer responsibility organizations to meet the requirements of ORS 459A.884(4), as provided by Section 3 of this rule.

(2) Large producers shall do the following:

(a) Perform an evaluation, using the standards and methods of the LCE rules, of the life cycle impacts of at least one percent of the covered products that the large producer sells or distributes in or into this state.

(b) Identify the one percent of the covered products for evaluation and disclosure as follows as provided by this Subsection.

(A) A Large producer must order by annual Oregon sales volumes, measured by the number of units, all individual Stock Keeping Units that the producer sold in or distributed into the state that are covered products or that have associated packaging which is a covered product. Producers may use national data pro-rated to Oregon’s population or other approximations for the purpose of identifying the one percent of Stock Keeping Units for evaluation, as long as they conform with best available estimation methods.

(i) If a covered product is not associated with a Stock Keeping Unit, the producer shall instead represent the product using an alternative code that is associated with data on the amount of covered product sold or distributed in or into Oregon.

(ii) Stock Keeping Units produced by multiple associated producers as defined in OAR 340-090-0860(5) must be grouped together for the purpose of ordering the Stock Keeping Units by sales volumes.

(B) The evaluation required by Subsection (a) shall be performed on each of the Stock Keeping Units that make up the one percent of Stock Keeping Units with the highest sales volume from the list described in paragraph (b)(A). The evaluation must include any primary, secondary, and tertiary packaging associated with a Stock Keeping Unit, as well as the product contained or protected by the packaging if it is a covered product. Stock Keeping Units may be batched together in an evaluation, as provided by Paragraph (D).

(C) Except as described in Paragraph (D), large producers must submit individual project reports for each evaluation conducted according to the LCE rules for the covered products represented by or used to package each Stock Keeping Unit.

(D) Batch evaluations may be performed covering multiple Stock Keeping Units if the Stock Keeping Units are part of the same product line or family, such as paperboard cereal boxes of different sizes. If multiple Stock Keeping Units are included in a single batch evaluation, all Stock Keeping Units in the batch evaluation are counted toward fulfillment of the requirement for evaluation of one percent of covered products and can be submitted in a single project report.

(c) Submit complete life cycle evaluations to the department and to the producer responsibility organization of which it is a member at the end of every other program year beginning with 2026.

(A) A producer may submit its life cycle evaluation 6 months after the time provided by Subsection (c) if the producer was not a large producer based on interim market share but becomes a large producer based on preliminary market share.

(B) If a producer is a large producer in multiple 2 year periods the producer must re-order its Stock Keeping Units, as provided by Subsection (b) and assess impacts of covered products for the next, not previously assessed one percent of Stock Keeping Units. Stock Keeping Units that have already been assessed may be repeated after 10 years, or earlier if all Stock Keeping Units have been assessed.

(3) Producer responsibility organizations must apply fee adjustments pursuant to ORS 459A.884(4) as provided by this Section.

(a) Producer responsibility organizations will provide a fee reduction to producers that perform a voluntary evaluation and disclosure of the life cycle impacts of covered products conducted according to the standards and methods in the LCE rules.

(A) Evaluation results must be made available on a producer responsibility organization website and submitted to the department.

(B) Within a given program year, producers may claim bonuses for up to 100 Stock Keeping Units for which a life cycle evaluation is performed and disclosed.  DEQ may approve a temporary variance to this limit should the producer responsibility organization propose, through the program plan, a lower limit.

(C) An evaluation used to qualify for this bonus must be completed on or after July 1, 2025, and no earlier than one year prior to submission to the producer responsibility organization.

(b) Producer responsibility organizations will provide a fee reduction to producers that perform a voluntary or statutorily required, per ORS 459A.944(2), evaluation and disclosure of the life cycle impacts of covered products according to the standards and methods in the LCE rules and that include proof of substantial impact reduction as defined according to OAR 340-090-0900(42) and calculated according to OAR 340-090-0930(3)(c).

(A) The magnitude of the fee reduction pursuant to Subsection (b) must be larger than the magnitude of the fee reduction pursuant to Subsection (a), both in terms of the proportion of base fee adjustments and any cap placed on each available fee reduction.

(B) Evaluation results must be made available on a producer responsibility organization website and submitted to the department.

(C) A producer may claim the fee reduction pursuant to Subsection (b) only if the change resulting in reduction of life cycle impacts has been undertaken directly by the producer or its suppliers.

(D) The substantial impact reduction action examined in the evaluation must have been undertaken on or after December 1, 2024, and no earlier than two years prior to submission of the evaluation to the producer responsibility organization.

(E) A producer responsibility organization must offer larger fee reductions for larger impact reductions, by delineating up to five impact reduction tiers, each representing progressively greater impact reduction and receiving progressively larger fee reductions.

(F) An evaluation used to qualify for the fee reduction pursuant to Subsection (b) must be completed on or after July 1, 2025, and no earlier than one year prior to submission of the evaluation to the producer responsibility organization.

(c) The fee reductions described in Subsection (a) and (b) of this Section do not preclude the producer responsibility organization offering other fee adjustments to its member producers. Any fee adjustments must be included in a program plan or plan amendment reviewed and approved by the department and incentivize the reduction of environmental and human health impacts.

(d) With respect to the fee reductions described in Subsection (a) and (b) of this Section, the producer responsibility organization may set limits in the program plan regarding the timing, submission and re-submission of both fee reductions, including limits related to the frequency of the submission of life cycle evaluations for the same Stock Keeping Units. Any limits must be included in a program plan or plan amendment reviewed and approved by the department.

Statutory/Other Authority: ORS 459A.944 & 459A.884
Statutes/Other Implemented: ORS 459A.944 & 459A.884
History:
DEQ 20-2024, adopt filed 11/24/2024, effective 11/24/2024

340-090-0920
Project Report

All life cycle evaluations under the LCE rules must be documented in a project report in accordance with this rule. This report must include the contents specified in Section 1 and conform to the general requirements in ISO 14044:2006 § 5.1 and 14044:2006 § 5.2. Two versions of the project report shall be created, one that contains all the contents described in this rule including confidential data as described in section (2) of this rule and a second public version with confidential data removed. The non-redacted project report shall be provided to DEQ and the producer responsibility organization and the public version with confidential data removed shall be made available to the public.

(1) Contents of the project report. ISO 21930:2017 § 10 shall apply to the project report. The project report shall include the following elements, taken from ISO 21930:2017 § 10.2, and as modified by this Section:

(a) General aspects, including:

(A) Commissioner of the life cycle evaluation, and internal or external practitioner of the Life cycle evaluation study;

(B) Date of report; and

(C) Statement that the study has been conducted in accordance with the requirements of the LCE rules.

(b) Goal of the study, including the reasons for carrying out the study, including its intended application and whether that includes a fee reduction pursuant to ORS 459A.884(4) and OAR 340-090-0910(3)(a) or (b).

(c) Scope of the study, including:

(A) The functional unit, as described in OAR 340-090-0930(1)(a), including:

(i) The definition and relevant technical specifications; and

(ii) The calculation approach for averaging data, including when the functional unit is defined for a batch of covered products as described in OAR 340-090-0930(1)(a), or for a group of the same products produced by different suppliers or at different production sites.

(B) The system boundary according to the modular approach, as described in OAR 340-090-0930(1)(c), including:

(i) Omissions of life cycle stages, processes or data needs;

(ii) Quantification of energy and material inputs and outputs, taking into account how plant-level data is allocated to the declared products; and

(iii) Assumptions about electricity production and other relevant background data.

(C) cut-off criteria for initial inclusion of inputs and outputs, as described in OAR 340-090-0930(1)(d), including:

(i) A description of the application of cut-off criteria and assumptions; and

(ii) A list of excluded processes.

(d) A life cycle inventory analysis, as described in OAR 340-090-0930(2), including:

(A) A qualitative and quantitative description of unit processes necessary to model the life cycle stages of the functional unit;

(B) The sources of generic or proxy data or literature used to conduct the analysis;

(C) Validation of data and discussion of data quality, as described in OAR 340-090-0930(1)(e), including:

(i) Data quality assessment; and

(ii) Treatment of missing data.

(D) Allocation principles and procedures, as described in OAR 340-090-0930(2)(c), including:

(i) Documentation and justification of allocation procedures; and

(ii) uniform application of allocation procedures.

(e) A Life cycle impact assessment, as described in OAR 340-090-0930(3), including:

(A) The life cycle impact assessment procedures, calculations and results of the assessment;

(B) The relationship of the life cycle impact assessment results to the life cycle inventory analysis results;

(C) A reference to all characterization models, characterization factors and methods used, as described in OAR 340-090-0930(3)(a);

(D) A statement that the life cycle impact assessment results are relative expressions and do not predict impacts on category endpoints, the exceedance of thresholds, safety margins or risks.

(f) Life cycle interpretation, as described in OAR 340-090-0930(4) including:

(A) The results of the interpretation;

(B) The assumptions and limitations associated with the interpretation of results, both methodology and data related;

(C) The data quality assessment; and

(D) Full transparency in terms of value-choices and expert judgements.

(g) Summary section containing specific information from the project report.  The required information and format will be based on a template provided by DEQ.  The summary section must be computer readable.

(h) The third-party verification.

(2) Confidential Data. A producer shall identify any information in the project report the producer believes is exempt from disclosure pursuant to ORS 192.311 to 192.478 or otherwise confidential under applicable law. Such information is not required to be included in the public report and shall not be disclosed to the extent allowed or required by ORS 192.311 to 192.478 or other applicable law. Such information may be necessary for the third-party during the verification process described in Section (4). A producer may require an appropriate nondisclosure agreement before providing such information to a third-party reviewer. To qualify for a fee reduction pursuant to ORS 459A.884(4) and OAR 340-090-0910(3) the following project report information must be publicly available:

(a) Life cycle inventory analysis results,

(b) Impact assessment results,

(c) normalized and weighted impact scores generated for the purpose of claiming the substantial impact reduction bonus, and

(d) the presence of intentionally-added or contaminant hazardous substances.

(3) Documentation on additional environmental information. Any mandatory reporting of additional environmental information, as described in OAR 340-090-0940, shall be included in the project report. Such documentation may include:

(a) Laboratory results or tests related to material or chemical composition of covered products;

(b) Laboratory results or tests related to emissions (to air, soil or water) from covered products that occur during their use stage;

(c) Certifications or third-party environmental labels; and

(d) Sourcing practices.

(4) Third-Party verification and validity of Life Cycle Evaluation. A qualified independent verifier shall review and certify all life cycle evaluations of covered products for compliance with the LCE rules.

(a) A qualified, independent verifier shall have knowledge of and proficiency in life cycle assessment methodology, practice, and standards (ISO 14040:2006 and ISO 14044:2006). As well as the appropriate scientific and technical proficiencies relevant to covered products evaluated. Qualifications shall be determined using the criteria and scoring system described in section 8.3.1 of Annex I of EU 2021/2279.

(b) The review and verification shall be conducted pursuant to and in accordance with the critical review process described in ISO/TS 14071:2014.  Additionally, the third-party review and verification shall adhere to section 8.4.1 of Annex I of EU 2021/2279.  

(c) After review and verification, a critical review report and critical review statement shall be produced by the third-party and appended to the project reports, all of which must then be submitted to the department, and made publicly available by the producer responsibility organization.

(d) A project report is valid for 10 years, if the underlying data have not changed significantly such that the results of the assessment no longer represent the current impact of the covered product.

(e) Information in addition to the project report may be required by a third-party verifier to determine compliance with the LCE rules.

Statutory/Other Authority: ORS 459A.944 & 459A.884
Statutes/Other Implemented: ORS 459A.944 & 459A.884
History:
DEQ 20-2024, adopt filed 11/24/2024, effective 11/24/2024

340-090-0930
Core Product Category Rule

(1) Methodological Framework. This rule provides the general considerations and technical parameters required for the life cycle evaluation of covered products required of large producers by ORS 459A.944, and that may be undertaken voluntarily by a producer seeking a fee adjustment pursuant to OAR 340-090-0910(3). All life cycle evaluations conducted under these rules must be based on attributional life cycle assessment methods as defined in OAR 340-090-0900(2).

(a) Functional Unit. All inputs and outputs of a life cycle inventory must be expressed in terms of a functional unit defined in a manner consistent with ISO14040:2006 §5.2.2 and ISO 14044:2006 §4.2.3.2. For covered products that contain or hold something the functional unit shall be defined as 1 cubic meter of capacity. For covered products that cover or wrap something the functional unit shall be set as 1 square meter of coverage. For covered products that perform some function other than containing or covering something or for instances where product redesign (e.g. change in concentration) influences the ratio of covered product to function, producers should seek DEQ feedback prior to finalizing the choice of functional unit.

(b) System Boundary. The system boundary for life cycle evaluations of covered products shall be based on a cradle-to-grave system boundary, as provided in paragraphs (A) to (E).

(A) Unit processes or activities that are included in the system boundary are provided in Subsection (c) and generally include the following:

(i) Raw material extraction, processing, and production;

(ii) Transportation and fuel usage to obtain raw material at the factory;

(iii) Finished manufacturing of covered products;

(iv) Transportation and fuel usage to distribute covered products, including customer transport to place of purchase;

(v) Local route transport and distribution for collection materials at end of life; and

(vi) Waste recovery and processing (at production and end of life) including disposal, incineration, or recycling.

(B) Unit processes or activities that are not included in the system boundary:

(i) Use related activities or emissions (e.g., electricity consumption, washing, sterilization, refrigeration), except as provided in Subsection (b)(C);

(ii) Maintenance of facilities and capital equipment;

(iii) Installation of facilities and capital equipment;

(iv) Manufacturing of facilities and capital equipment;

(v) Personnel transportation; and

(vi) Human labor and employee commuting.

(C) Notwithstanding Subparagraph (B)(i), if a covered product is either a reusable packaging product or a refillable packaging product the system boundary shall include the use related activities associated with recovering, washing, sterilizing, and redistributing reusable packaging products.

(D) The system boundary shall include all processes and production steps required to fulfill the defined functional unit of the covered products under evaluation consistent with the requirements of ISO 14044:2006 §4.2.3.3.

(E) If a covered products will use recovered materials, fuels, or energy then those inputs must be included in the assessment in such a way as to avoid double counting or undercounting of burdens, as described in ISO 21930:2017 §7.1.6.

(c) Information Modules. Life cycle evaluations shall be divided into information modules A, B, C and D, based on the modularity principle introduced in ISO14025:2006 § 5.4 and consistent with the structure described in ISO21930:2017 § 7.1.7., as provided by this Section. Information modules pertain to the materials, parts, and processes associated with the life cycle of a covered product and represent, individually or when combined, the whole of the life cycle of a covered product.          

(A) Information Module A shall be included in all evaluations of covered products and includes the production stage of the life cycle for covered products, including:

(i) A1, raw material extraction and processing, secondary material inputs, energy generation (electricity or thermal), and any waste management for any production scrap or materials.

(ii) A2, transport of raw materials to the production facility along with any internal transport at the production facility itself.

(iii) A3, manufacturing, including the production of ancillaries and co-products; energy generation (electricity or thermal) needed for manufacturing, combustion emissions associated with fuels used in the manufacturing process, manufacturing of any packaging (additional to the covered products themselves) associated with secondary or tertiary packaging needs, transport associated with ancillaries, transport associated with secondary or tertiary packaging, and any waste management for any production scrap or materials.

(iv) A4, customer transport to place of purchase.

(B) Information Module B includes the use stage of the life cycle for covered products. This module is only required for reusable packaging products, as defined by OAR 340-090-0900(37) and includes evaluation of all the relevant use phase activities related to the collection, cleaning, and redistribution of reusable packaging products, as provided by Subparagraph (B)(i)-(iii) of this Subsection. Evaluation of reusable packaging products shall include, at a minimum:

(i) Transportation for return, including mode of transportation and distance transported;

(ii) Washing and sterilization process including any energy, water, or ancillary inputs;

(iii) Transportation for redistribution, including mode of transportation and distance transported;

(C) Information Module C shall be included in all life cycle assessments and includes the end-of-life state of a covered product. This stage begins when a covered products finishes its useful life and does not provide any further functionality.

(i) Stages of information module C include:

(I) C2, transport of waste to end of life processing (recovery, recycling, or disposal);

(II) C3, waste processing of covered products in preparation for recycling or recovery, including, sortation, beneficiation, or other processing performed at a MRF or transfer station; and

(III) C4, disposal or recovery activities.

(ii) Since covered products reaching the end-of-life stage can be managed in different ways, a representative average scenario based on a typical end-of-life shall be calculated. The end-of-life composition of dispositions for a given covered product shall reflect an average, based on a regional or national mix, of recovery and disposal.

(iii) If an end-of-life processes results in secondary materials through recycling, energy recovery or other methods, any benefits associated with the secondary materials shall be reported in information module D, pursuant to Subsection (d).

(D) Information Module D includes benefits or credits beyond the system boundary. Unlike Modules A through C, Module D is not a life cycle stage. It represents any impacts (either benefits or loads) that occur outside of the system boundary for the covered product. Any benefits specifically associated with reuse, recycling, or energy recovery are quantified and reported in Module D, as described in ISO21930:2017 § 7.1.7.6.

(d) Cut off criteria. Cut-off criteria for evaluation of covered products shall follow the guidelines of ISO 21930:2017 § 7.1.8 and ISO14044:2006 § 4.2.3.3.3. Any specific criteria used for the inclusion or exclusion of inputs and outputs must be justified and documented. All available energy and material flows associated with the covered product in the underlying life cycle inventory must be included. In cases where no matching life cycle inventories are available to represent a flow, proxy data may be applied using conservative assumptions regarding environmental impacts.

(A) The cut-off criteria for including or excluding materials, energy and emissions data of the study are as follows:

(i) Mass – If a flow (input or output) is less than 1% of the cumulative mass of the model it may be excluded, providing its environmental relevance, as defined in Subsection (B) is not a concern.

(ii) Energy – If a flow (input or output) is less than 1% of the cumulative energy of the model it may be excluded, provided its environmental relevance is not a concern.

(B) For purposes of this section a flow (input or output) has environmental relevance based on its contribution to an environmental impact exceeding the cut-off criteria, defined as individually contributing more than 1% of the total environmental impact of an impact category. In such cases these flows must be included (e.g. cannot be excluded) in the life cycle inventory.

(C) The sum of the excluded material flows (inputs and outputs) must not exceed 5% of mass, energy or environmental relevance.

(e) Selection of data and data quality requirements. The data used to create the life cycle inventory shall be as precise, complete, consistent, and representative, as follows:

(A) Measured data is preferred for use, followed by calculated data, and finally data based on estimates.

(B) Measured primary data must be of the highest precision practicable, the precision of calculated and estimated data is expected to be lower than measured.

(C) Data must be complete for inputs and outputs for each unit process and the completeness of the combined unit processes that make up the life cycle inventory. Cut-off criteria apply.

(D) Modeling choices and data sources must be consistent and ensure that differences in results occur due to differences between product systems, and not because of inconsistencies in modeling choices, data sources, emission factors, or other considerations.

(E) To be representative data must match the geographical, temporal, and technological requirements defined in the goal and scope of the project report described in OAR 340-090-0920(1)(b) and (1)(c).

(F) An evaluation of data quality in terms of these requirements in Paragraphs (A) to (E) shall be provided in the project report described in OAR 340-090-0920. Table 3 of ISO 21930:2017 provides guidance on the application of generic and specific data required by module and should be used to inform the selection of data developed for a covered product under these rules. Additional guidance regarding data quality requirements can also be found in ISO 14044:2006 § 4.2.3.6 and ISO 21930:2017 § 7.1.9.

(G) These data quality requirements apply to all data incorporated into the life cycle inventory.

(f) International System of Units measurements shall be used for all life cycle evaluation values. Results of life cycle impact assessments described in OAR 340-090-0930(3) shall use the default units associated with each impact category as described in ISO 21930:2017 § 7.1.10.

(2) Life Cycle Inventory Analysis. Life cycle inventory analysis shall be performed as provided by this rule.

(a) Data Collection. Data must be collected for all the required information modules described in OAR 340-090-0930(1)(c) within the system boundary, described in OAR 340-090-0930(1)(b) for the covered product under study. Data collection shall follow the guidelines in ISO 14044:2006 § 4.3.2.

(b) Calculation Procedures. Calculation procedures employed for the life cycle evaluation of a covered product shall follow the guidance in ISO 14044:2006 § 4.3.3. The calculation shall be applied consistently and documented in the final report, including disclosure of any assumptions.

(c) Allocation. For purposes of this Section allocation is the partitioning of the input or output flows of a process or a product system between the product system under study and one or more other product systems.

(A) Where possible, allocation should be avoided per ISO 14044:2006 § 4.3.4.2. When required, any allocation for materials and energy carriers shall follow the steps and guidelines laid out in ISO14044:2006 § 4.3.4.2 and ISO21930:2017 § 7.2.3.

(B) When allocation is required within any stage of the life cycle for covered products, disclosure of the selected allocation method is required. No allocation may result in double-counting of environment benefits (e.g. credits). The guidelines of ISO14044:2006 § 4.3.4.2 shall be used when allocation is performed and in the specific case of allocation for reuse or recycling, the procedures of ISO14044:2006 § 4.3.4.3.

(C) Any recovery processes should account for losses in quality and quantity of the material throughout the process. Written justification for changes in the quality of the material factors applied when allocating benefits of recycling must also be provided, as many recycling processes can yield lower-quality materials compared with virgin materials. Such quality losses should be reflected in appropriate substitution credits for recycling.

(D) Energy recovery. If materials are incinerated with associated energy recovery, the unit processes and activities for incineration must account for waste composition and heating value, as well as for regional efficiencies and heat-to-power output ratios. Any credits (e.g. environmental benefits), in the form of energy generation from incineration processes, should substitute for an appropriate regional electricity grid mix and thermal energy inventory. These credits should be reported in Module D, as described in OAR 340-090-0930(1)(c)(D).

(E) Landfilling. If materials are sent to landfills, specific unit processes and activities shall be used that account for waste composition, regional leakage rates (due to technology and climate zone), landfill gas capture and utilization. Any recovery of landfill gas output that substitutes for primary production of natural gas shall be granted as a credit. These credits should be reported in Module D, as described in OAR 340-090-0930(1)(c)(D).

(F) Composting. If materials are sent to composting facilities, the unit processes and activities for composting must account for waste composition, composting methodology and crediting (via substitution) for the outputs (e.g. finished compost) of the composting process that substitute for primary production of other materials (e.g. synthetic fertilizers). These credits should be reported in Module D, as described in OAR 340-090-0930(1)(c)(D).

(G) Material Substitution Credits. A credit described in this subsection is granted to the system for the outputs of end-of-life treatments when the material is recycled. The outputs from recycling (e.g. recycled materials) that substitute for primary production of like materials shall be granted as a credit. These credits should be reported in Module D, as described in OAR 340-090-0930(1)(c)(D).

(d) Accounting of biogenic carbon during the life cycle.

(A) The inventory shall include biogenic carbon flows (inputs and outputs) of covered products across required information modules. Reporting of biogenic carbon flows shall be consistent with the guidelines of ISO21930:2017 § 7.2.7. When calculating Global Warming Potentials (GWP) for impact assessment as described in OAR 340-090-0930(3), biogenic carbon shall be accounted for as follows:

(i) Inputs or sequestration of biogenic carbon shall be reported as a negative inventory flow, and

(ii) Outputs or emissions of biogenic carbon shall be reported as a positive inventory flow.

(B) Producers must report GWP both excluding and including biogenic carbon. To obtain the fee reduction pursuant to OAR 340-090-0910(3)(b), a producer must use GWP excluding biogenic carbon in the single score impact profile calculation described in OAR 340-090-0930(3)(c).

(e) Reusable packaging product. When developing a life cycle inventory for evaluation of a reusable packaging product, defined in OAR 340-090-0900(41), the following shall apply.

(A) The following parameters shall be included in the life cycle inventory and disclosed under information module B pursuant to OAR 340-090-0930(1)(c)(B) in the project report:

(i) A return rate factor to account for breakage, losses, or yield across each reuse cycle; and

(ii) the expected number of reuse cycles, as defined in OAR 340-090-0900(40) to be examined through scenario analysis described in OAR 340-090-0930(4).

(B) If a producer transitions a covered product from single-use to reusable and seeks the fee adjustment pursuant to ORS 459A.884(4) and OAR 340-090-0910(3)(b), projections of the information required in Subparagraph (A)(i)-(ii) of this Subsection, rather than actual data, may be used for evaluation for the first three years.  If actual data are available during the initial three year period, they must be reported alongside the projections used in inventory analysis and impact assessment. Thereafter, a producer shall use actual data to perform the evaluation.  Actual data must be obtained through real-world tracking of reusable packaging assets across the entire state for each individual SKU and shall be consistent with applicable global and national standards.

(C) A producer must calculate a break-even point in an assessment focused on a reusable packaging product, and after the three-year period described in Paragraph (B) ends, the actual number of reuses must be compared with and exceed the break-even point to qualify for the fee adjustment pursuant to ORS 459A.884(4) and OAR 340-090-0910(3)(b). The break-even point shall be calculated for the normalized and weighted single score as provided by OAR 340-090-0930(3)(c).

(D) Return rate factors shall be calculated according to the methods and guidelines of the Product Environmental Footprint method in section 4.4.9 of Annex I of EU 2021/2279 (European Commission Recommendation of 15 December 2021 on the use of Environmental Footprint methods to measure and communicate the life cycle environmental performance of products and organizations), with the following exceptions: return rates (4.4.9.3) can be based on assumptions or projections (option ‘b’ of 4.4.9.3) in the initial three year period described in Paragraph (B) of this section, but shall be based on supply chain specific data (option ‘a’ of 4.4.9.3) after the three year period.

(f) Refillable packaging product. When developing a life cycle inventory for evaluation of a refillable packaging product, defined in OAR 340-090-0900(38), the following shall apply:

(A) The following parameters shall be included in the life cycle inventory and disclosed under information module B pursuant to OAR 340-090-0930(1)(c)(B) in the project report:

(i) A refill rate factor to account for losses or yield across each reuse cycle; and

(ii) the expected number of refill cycles, as defined in OAR 340-090-0900(37) to be examined through scenario analysis described in OAR 340-090-0930(4).

(B) A producer must calculate a break-even point in an assessment focused on a refillable packaging product, The break-even point shall be calculated for the normalized and weighted single score as provided by OAR 340-090-0930(3)(c).

(g) Refill rate factors shall be calculated according to the methods and guidelines of the Product Environmental Footprint method in section 4.4.9 of Annex I of EU 2021/2279 (European Commission Recommendation of 15 December 2021 on the use of Environmental Footprint methods to measure and communicate the life cycle environmental performance of products and organizations).

(h) Hazardous waste indicators. Producers shall track and report, in addition to all other required inventory data, flows of the following wastes as part of the life cycle evaluation of covered products:

(A) Hazardous waste, as defined in ORS 466.005(7) that is disposed of within any life cycle stage of the covered product, and

(B) Non-hazardous waste that is disposed of in the covered product life cycle.

(i) Plastic leakage inventory. Producers shall quantify, in addition to all other required inventory data, the flow(s) of plastic leakage across the life cycle of covered products. This plastic leakage assessment aims at measuring the plastic leaving the technosphere and accumulating in the natural environment (be it soil, air, or rivers and ocean) and shall be based on the methodologies of the Plastic Footprint Network (PFN) V1 Nov. 2023. The methodology provides details on flow nomenclature and units of measure to track plastic leakage, as well as providing regionalized averages when primary data cannot be obtained by the producer. The data quality requirements of OAR 340-090-0930(1)(e) apply to this Section and specifically data related to plastic leakage shall follow the data governance guidance from the Plastic Footprint Network methodology V1 Nov. 2023.

(j) Methane leakage. Producers shall quantify methane leakage, which may occur at various points along the oil and gas supply chain, within the life cycle inventory for covered products, including methane leakage that happens at wellhead, pipeline, transport, refinery, and production facilities. Producers shall quantify methane leakage by using published sources that reflect the latest available information and understanding of the issue. The data quality requirements of OAR 340-090-0930(1)(e) shall apply to this Section.

(3) Life Cycle Impact Assessments. Upon completion of the life cycle inventory pursuant to OAR 340-090-0930(2), a life cycle impact assessment shall be conducted according to the requirements of this rule.

(a) Life cycle impact assessments shall, unless otherwise provided in this rule, follow the guidelines for classification and characterization of emissions described in ISO 14044:2006 § 4.4 and follow the specific methods of the Product Environmental Footprint method, as described in Section 5 of Annex I of EU 2021/2279, European Commission Recommendation of 15 December 2021 on the use of Environmental Footprint methods to measure and communicate the life cycle environmental performance of products and organizations.

(b) Life cycle impact indicators. A producer must calculate and disclose life cycle impact assessment indicators provided by Paragraph (A) to (P) of this Subsection for project reports submitted to comply with ORS 459A.944(2) or for the fee reduction described in OAR 340-090-0910(3)(a), and Paragraph (A) to (R) of this Subsection for the fee reduction described in OAR 340-090-0910(3)(b). Life cycle impact indicators are:

(A) Climate Change (PEFCR EF 3.1, kg CO2 eq.)

(B) Ozone depletion (PEFCR EF 3.1, kg CFC-11 eq.)

(C) Human toxicity, cancer (PEFCR EF 3.1, CTUh)

(D) Human toxicity, non-cancer (PEFCR EF 3.1, CTUh)

(E) Particulate matter (PEFCR EF 3.1, disease incidences)

(F) Ionizing radiation, human health (PEFCR EF 3.1, kBq U-235 eq.)

(G) Photochemical ozone formation, human health (PEFCR EF 3.1, kg NMVOC eq.)

(H) Acidification (PEFCR EF 3.1, mol H+ eq.)

(I) Eutrophication, terrestrial (PEFCR EF 3.1, mol N eq.)

(J) Eutrophication, freshwater (PEFCR EF 3.1, kg P eq.)

(K) Eutrophication, marine (PEFCR EF 3.1, kg N eq.)

(L) Ecotoxicity, freshwater (PEFCR EF 3.1, CTUe)

(M) Land use (PEFCR EF 3.1, pt)

(N) Water use (PEFCR EF 3.1, m3 water eq)

(O) Resource use, minerals and metals (PEFCR EF 3.1, kg Sb eq)

(P) Resource use, fossils (PEFCR EF 3.1, MJ)

(Q) Plastic physical impacts on biota (MariLCA, PAF m3 day)

(R) Plastics leakage inventory value (DEQ, kg)

(S) The impacts for the indicators in Paragraphs (A) to (P) must be calculated and disclosed as provided by Product Environmental Footprint method, Section 3.2.3, Table 2, of Annex I of EU 2021/2279 (European Commission Recommendation of 15 December 2021 on the use of Environmental Footprint methods to measure and communicate the life cycle environmental performance of products and organisations) and characterization factors in ENVIRONMENTAL FOOTPRINT REFERENCE PACKAGE 3.1: LAST UPDATE JULY 2022 apply to each of these indicators when performing impact assessment.

(T) The impact for the indicator in Paragraph (Q) must be calculated and disclosed using the characterization factors published in BOULAY ET. AL 2023 MariLCA CHARACTERIZATION FACTORS FOR MICROPLASTIC IMPACTS IN LIFE CYCLE ASSESSMENT: PHYSICAL EFFECTS ON BIOTA FROM EMISSIONS TO AQUATIC ENVIRONMENTS. JOURNAL OF CLEANER PRODUCTION, v. 418.

(U) The impact indicator in Paragraph (R) is for impacts of plastic other than physical impacts on aquatic biota. No characterization factors will be applied to the leakage flows reported for this indicator and the producer shall directly normalize and weight the leakage amount following the approach in Subsection (c)(A) to (B) of this Section.

(c) Single score impact profile. To obtain a fee reduction pursuant to ORS 459A.884(4) and OAR 340-090-0910(3)(b), a producer’s impact assessment results must be normalized, weighted, and aggregated into a single numeric value using weighting factors provided in Table A. Normalization, weighting, and aggregating impacts into a single numeric value is not required for the fee reduction described in OAR 340-090-0910(3)(a). This single score impact profile must be calculated for two scenarios – the covered product before and after an impact reduction action undertaken by the producer. These scenarios shall be based on a set of comparable conditions and comport with the requirements of ISO 14044:2006 § 4.2.3.7 related to comparison between systems.

(A) The environment impact indicators for Human Toxicity - Cancer, Human Toxicity – Non-Cancer, and Ecotoxicity - Freshwater, provided by Subsection (b) of this Section shall be excluded from the normalization, weighting, and aggregating of impact described in this Subsection. To obtain a fee reduction pursuant to OAR 340-090-0910(3)(b), these indicators must be reported separately from the single score calculation. If a producer action results in an increase in environmental impact of 1000 times or greater for human toxicity cancer and human toxicity non-cancer or 100 time or greater for freshwater ecotoxicity then no fee reduction shall be granted.

(B) Normalization of impact category indicator results shall be based on internal normalization. For the purposes of these rules, internal normalization means that impact indicator results for the impact reduction scenario are divided by the same category of impact indicator results for the baseline scenario prior to impact reduction. The resultant unitless value must then be multiplied by the final weighting factors provided in Table A. This process must be performed for each environmental impact category indicator result separately. Once normalized and weighted, the results shall be summed across all impact category indicators to arrive at the single score. This single score shall form the basis to evaluate substantial impact reductions and to assess any fee reductions pursuant to OAR 340-090-0910(3)(b). A score of 90 or lower represents 10% or more impact reduction, and as such qualifies as substantial impact reduction. Guidance on the process of normalization found in ISO 14044:2006 § 4.4.3.2 shall apply.

(d) Evaluation of impact reduction, as described above in OAR 340-090-0910(3)(c)(B), shall be based on a set of comparable scope and boundary conditions consistent with the guidelines provided in Section 4.2.3.7 of ISO 14044:2006 related to comparisons between systems.

(4) Interpretation. A producer must interpret the results of a life cycle evaluation under OAR 340-090-0930(1)-(3) as described in ISO 14044:2006 § 4.5 and this rule.

(a) Interpretation of the results of an evaluation under the LCE rules shall establish confidence in the accuracy and precision of the outputs. Interpretation includes checks on the overall completeness of the life cycle inventory and impact assessment, evaluation of the consistency of the project report with the requirements of the LCE rules and testing of the sensitivity of key elements of the evaluation.

[Note - See ISO 14044:2006, Annex B for examples of life cycle interpretation.]

(b) Producers shall perform a sensitivity analysis on the underlying electricity grid mixture and the recycling allocation methodology. A producer may perform a sensitivity analysis on other variables. The purpose of a sensitivity analysis is to check for key data, parameters, or methodological choices in the life cycle evaluation of covered products. This requirement provides additional quantitative information about the potential variability of the evaluation results. Sensitivity analysis shall disclose the range, minimum and maximum, and variance across all required impact categories and indictors in the project report.

(c) For modelling the electricity grid a producer must use the guidance and methodologies provided by the Product Environmental Footprint method in Section 4.4.2 of Annex I of EU 2021/2279 (European Commission Recommendation of 15 December 2021 on the use of Environmental Footprint methods to measure and communicate the life cycle environmental performance of products and organizations).

(d) A producer may use opportunities for impact reduction identified by the sensitivity analysis to apply for the substantial impact reduction bonus pursuant to OAR 340-090-0910(3)(b).

(e) If a producer applies for the substantial impact reduction bonus pursuant to OAR 340-090-0910(3)(b) specifically for a reusable packaging product, additional sensitivity analysis must be performed. Based on the parameters described in OAR 340-090-930(2)(e)(A), a scenario analysis, which means a form of sensitivity analysis wherein multiple parameters are varied at once, shall be performed for three scenarios. A best, expected, and worst-case scenario shall be evaluated and disclosed, wherein the return rate factor and number of reuse cycles are varied accordingly.

[NOTE: View a PDF of the Table of Weighting Factors by clicking on the link below.]

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

Statutory/Other Authority: ORS 459A.944 & 459A.884
Statutes/Other Implemented: ORS 459A.944 & 459A.884
History:
DEQ 34-2025, minor correction filed 12/04/2025, effective 12/04/2025
DEQ 20-2024, adopt filed 11/24/2024, effective 11/24/2024

340-090-0940
Additional Environmental and Human Health Information

In addition to the information required by OAR 340-090-0930, a life cycle evaluation under the LCE rules must include the additional information on environmental and human health impacts of a covered product required by this rule.

(1) The evaluation must include a list of the material content of the covered product that, at a minimum, states any intentionally-added hazardous substances in the covered product that are at or above practical quantification limits, as well as any contaminant hazardous substances in the covered product at concentrations above 100 parts per million.

(a) If a practical quantification limit has not been designated for a hazardous substance that has been intentionally added to a covered product, its addition to the product must still be disclosed.

(b) If a producer has a manufacturing control program in place proven effective at minimizing the concentration of a particular contaminant in the product below 100 parts per million, the producer is exempt from the requirement to report on the contaminant’s presence, as long as it provides a description of the program and details corroborating its effectiveness.

(2) The evaluation must include a description of any known releases of substances described in Section 1 of this rule from the covered product to a consumer or to the environment.

(3) If a producer has undertaken an exposure assessment, pursuant to OAR 333-016-3050 or other similar methodology, of the covered product within the five years prior to the evaluation, and the exposure assessment indicated transferal of a substance described in Section 1 of this rule to a consumer above the applicable practical quantification limit, the producer must provide the exposure assessment in its original format.

(4) If a producer has replaced a hazardous substance with a substitute chemical within the five years prior to the evaluation and based the decision to do so on a hazard or alternatives assessment, the producer must provide the hazard or alternatives assessment in its original format.

(5) The evaluation must include a human health impact statement, that includes the following:

(a) Disclosure of any non-compliance of the covered product with customer health and safety regulations or voluntary codes in any jurisdiction in the past five years.

(b) If a producer is required to submit the evaluation pursuant to ORS 459A.944(2) and the producer is also subject to required sustainability reporting in the European Union under 2013/34/EU and 2023/2772/EU or similar requirements, the producer must disclose any material health impacts of the covered product on affected communities in accordance with the European Sustainability Reporting Standards 2023/2772/EU (ESRS) Disclosure Requirement (DR)-IRO 1.

(A) If the producer considers health impacts of the covered product to be non-material, the producer must provide a written justification.

(B) If material health impacts have been identified, the producer must disclose the following additional information, in accordance with 2023/2772/EU ESRS DR S3-1 through S3-5:

(i) Policies adopted to manage material health impacts of the covered product on affected communities, as well as associated material risks and opportunities; and

(ii) Processes for engaging with affected communities about actual and potential material health impacts of the covered product;

(iii) Processes to remediate negative material health impacts of the covered products and channels for affected communities to raise concerns;

(iv) Actions taken to address material health impacts of the covered product, and approaches to mitigating material risks and pursuing material opportunities related to affected communities, and the effectiveness of those actions and approaches.

(v) Time-bound and outcome-oriented targets that have been set for reduction of negative impacts of the covered product on affected communities, advancing positive impacts on affected communities, or managing material risk and opportunities related to affected communities.

(6) If a producer incorrectly reports the information required by Section 1 or Section 5(a) of this rule, the producer must pay the full fee amount for any period it received a reduced fee pursuant to OAR 340-090-0910(3). The producer responsibility organization must document the misreporting incident and make correct information available on its website.

Statutory/Other Authority: ORS 459A.944 & 459A.884
Statutes/Other Implemented: ORS 459A.944 & 459A.884
History:
DEQ 20-2024, adopt filed 11/24/2024, effective 11/24/2024