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)