Oregon Rigid Plastic Containers Oregon Rigid Plastic Container Law Recycling Rate Decline Plastics Interested Party Meeting California Integrated Waste Management Board October 6, 2006 Peter Spendelow Oregon Department of Environmental Quality

Oregon Rigid Plastic Containers History Passed Oregon Legislature in 1991 Part of a comprehensive recycling bill that passed unanimously Effective date 1995 Very similar to California’s original RPPC Law

Oregon Rigid Plastic Containers Similarities in Oregon & California Laws Affect Rigid Plastic Containers 8 oz to 5 gallons Can comply through –Recycled content (25% post-consumer) –Recycling rate –Reusable/refillable 5 times or more –Source reduction option/exemption

Oregon Rigid Plastic Containers Difference: Oregon Recycling Rate For Compliance Purposes Oregon still allows compliance through a statewide recycling rate of at least 25% Rate is prospective – Oregon DEQ announces each year what it expects the rate to be for the coming year Manufacturers can rely on this compliance rate even if the actual recycling rate ends up being less Rate for Compliance Purposes has always been above 25% since law went into effect in Oregon However, statewide rate is falling – may go below 25%

Oregon Rigid Plastic Containers Comparing Oregon and California Laws OregonCalifornia Can comply via statewide recycling rateYesNo Applies to beverage containersYesExempt if FDA Applies to pails with metal handlesYesNot regulated Applies to non-reclosable containersYesNot regulated Applies to lidsMostly noManufacturer’s Discretion Applies to long-term packagingYesN/A Applies to FIFRA-regulated productsYesExempt Corporate averaging for recycled contentNot allowedAllowed Corporate averaging for source reductionNot allowedAllowed Recycling rate for specific containers25%45%

Oregon Rigid Plastic Containers Determining the aggregate recycling rate: Disposal: Waste composition study every 2-4 years Recycling: Comprehensive recycling survey every year Special studies: Curbside recycling study, contamination study Project recycling rate for coming year (Recycling Rate for Compliance Purposes) using past trends and other information

Oregon Waste Composition Studies 200+ pound garbage samples are sorted to determine composition of plastics and other materials

Oregon Waste Composition Studies Contamin- ation analysis – Resorting and cleaning selected field-sorted samples

Oregon Waste Composition Studies We want just the clean, dry weight of containers

Oregon Waste Composition Studies 2004/05 Curbside Recycling Composition Study

Oregon Waste Composition Studies Cleaning / Drying Rigid Plastic Containers from Recycling

Oregon Rigid Plastic Containers Oregon Rigid Plastic Container Recycling Rate (preliminary for 2004, 2005) October 4, 2006 YearTons disposedTons recycledTons generatedRecycling rate ,635 8,40331, % ,825 9,35633, % ,684 10,17633, % ,793 10,87336, % ,584 10,99438, % ,058 11,51540, % ,400 12,34043, % ,879 13,42447, % ,39515,53549, % ,80812,72648, % ,29213,55150, % ,56012,73752, % ,70413,80355, %

Oregon Rigid Plastic Containers Oregon Rigid Plastic Container Recycling Rate (2004, 2005 are preliminary) October 4, 2006

Oregon Rigid Plastic Containers What if rate falls below 25%? DEQ must report to Oregon Legislature the declining rate and the reasons for the decline Enforcement will be delayed 1 year after rate falls below 25%. Earliest enforcement would not be until Need to comply in some other way: –Use at least 25% recycled content –Achieve 25% recycling rate for specific container type –make reusable –meet an exemption criteria DEQ required to calculate resin-specific (#1-#7) recycling rates.

Oregon Rigid Plastic Containers Product Manufacturer Requirements If aggregate rate above 25%, no recordkeeping required. If rate falls below 25%, must be able to document compliance. –Container manufacturers provide “certificate of compliance” for containers with recycled content used by product manufacturer. –Product manufacturers responsible for documenting compliance with other qualifying options or exemptions, but may use data from container manufacturers or DEQ for demonstrating specific recycling rate requirements. Product Manufacturer must make available a “Report on Compliance” to DEQ on request within 60 days of request. Another 30 days to provide missing information, 45 days to provide additional documentation, possible 60 day extension.

Oregon Rigid Plastic Containers Effect of the law Recycling rate has exceeded 25% since first measurement (1993), but probably was below 25% when the law passed (1991) American Plastics Council stepped up with strong recycling enhancement programs for Oregon –Sited and paid for high-tech Plastics Recycling Facility in Salem, Oregon –Provided guaranteed floor price for plastic bottles recycled in Oregon for 3 years –Most Oregon cities added mixed bottle collection because they were convinced the recycling market was secure.

Oregon Rigid Plastic Containers Plastics Recycling Facility Garten Services Salem, Oregon

Oregon Rigid Plastic Containers Recycling Tonnage 2005 by Source (preliminary estimates) October 4, 2006 TonsPercentComment Curbside/Hauler8, %Plus 1,700 tons est. loss Bottle Bill3, % Other (AgriPlas, Weyerhaeuser, etc.) 1, % Total13,803100%

Non-fiber Recyclables in ONP (from Metro study)

Oregon Rigid Plastic Containers Disposal by Plastic Container Type (2005 preliminary estimates) October 4, 2006 TonsPercent Deposit bottles1,8374.4% No-deposit beverage bottles9, % Non-beverage bottles9, % #2,#5 tubs, pails, pots8, % Other rigid plastic containers11, % Total41,704100%

Oregon Rigid Plastic Containers Disposal by Plastic Beverage Container (2005 preliminary estimates) October 4, 2006 TonsPercent Beverage Percent RPCs Deposit Bottles1, %4.4% Water Bottles2, %6.4% Juice/Tea/Sports Drinks4, %9.7% Milk Jugs/Bottles2, %6.2% Liquor Bottles2932.5%0.7% Other Beverages2161.9%0.5% Total11, %27.9%

Oregon Rigid Plastic Containers Disposal By Resin (2005 preliminary information) October 4, 2006 BottlesNon-bottlesTotalPercent #1 PET11,6302,79914, % #2 HDPE10,6395,38416, % #3 PVC % #4 LDPE % #5 PP2052,7512, % #6 PS94,7814, % #7 Other % Unknown2122,5972, % Total23,11518,59041, %

Oregon Rigid Plastic Containers Resin Specific Recycling Rates ( preliminary information) October 4, 2006 Percent Beverage #1 PETOver 25% #2 HDPEunsure #3 PVCUnder 25% #4 LDPEUnder 25% #5 PPProbably under 25% #6 PSUnder 25% #7 Otherunsure

Oregon Rigid Plastic Containers Recent Changes and Changes on Horizon Commingled collection has led to loss of materials at sorting facilities Estimated 1700 tons of plastic containers slipped by sorters in 2005 and went to newsprint mills Increased sales of containers with low recycling rate lowers our overall recycling rate Oregon would not have met 25% rate without bottle bill

Oregon Rigid Plastic Containers Oregon Law and Rules References Law: Oregon Revised Statutes 459A.650 to 459A Rules: Oregon Administrative Rules to