Or. Admin. Code § 340-090-0650

Current through Register Vol. 63, No. 11, November 1, 2024

Section 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.

Or. Admin. Code § 340-090-0650

DEQ 18-2023, adopt filed 11/17/2023, effective 11/17/2023

Statutory/Other Authority: ORS 459A.975 & 468.020

Statutes/Other Implemented: ORS 459A.860 - 459A.975