Oregon Rigid Plastic Containers

Oregon Rigid Plastic Container LawRecycling Rate Decline

Plastics Interested Party MeetingCalifornia Integrated Waste Management

BoardOctober 6, 2006

Peter SpendelowOregon 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

Oregon California

Can comply via statewide recycling rate Yes No

Applies to beverage containers Yes Exempt if FDA

Applies to pails with metal handles Yes Not regulated

Applies to non-reclosable containers Yes Not regulated

Applies to lids Mostly no Manufacturer’s Discretion

Applies to long-term packaging Yes N/A

Applies to FIFRA-regulated products Yes Exempt

Corporate averaging for recycled content Not allowed Allowed

Corporate averaging for source reduction Not allowed Allowed

Recycling rate for specific containers 25% 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

Year Tons disposed Tons recycled Tons generated Recycling rate

1993 22,635 8,403 31,035 27.1%

1994 23,825 9,356 33,741 28.2%

1995 23,684 10,176 33,860 30.1%

1996 25,793 10,873 36,666 29.7%

1997 27,584 10,994 38,578 28.5%

1998 29,058 11,515 40,572 28.4%

1999 31,400 12,340 43,740 28.2%

2000 33,879 13,424 47,303 28.4%

2001 34,395 15,535 49,929 31.1%

2002 35,808 12,726 48,534 26.2%

2003 37,292 13,551 50,843 26.7%

2004 39,560 12,737 52,297 24.4%

2005 41,704 13,803 55,508 24.9%

Oregon Rigid Plastic Containers

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

15.00%

20.00%

25.00%

30.00%

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 2008.

• 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

Tons Percent Comment

Curbside/Hauler 8,458 61.3% Plus 1,700 tons est. loss

Bottle Bill 3,902 28.3%

Other (AgriPlas, Weyerhaeuser, etc.)

1,443 10.5%

Total 13,803 100%

19

2004-05 Non-fiber Recyclables in ONP (from Metro study)

0.0%

0.5%

1.0%

1.5%

2.0%

2.5%

3.0%

3.5%

4.0%

E D B C G F

Glass Containers Plastic Bottles

Aluminum Cans Steel Cans/Scrap Metal

Oregon Rigid Plastic Containers

Disposal by Plastic Container Type(2005 preliminary estimates) October 4, 2006

Tons Percent

Deposit bottles 1,837 4.4%

No-deposit beverage bottles 9,803 23.5%

Non-beverage bottles 9,470 22.7%

#2,#5 tubs, pails, pots 8,912 21.4%

Other rigid plastic containers 11,682 28.0%

Total 41,704 100%

Oregon Rigid Plastic Containers

Disposal by Plastic Beverage Container (2005 preliminary estimates) October 4, 2006

Tons Percent Beverage

Percent

RPCs

Deposit Bottles 1,837 15.8% 4.4%

Water Bottles 2,680 23.0% 6.4%

Juice/Tea/Sports Drinks 4,037 34.7% 9.7%

Milk Jugs/Bottles 2,577 22.1% 6.2%

Liquor Bottles 293 2.5% 0.7%

Other Beverages 216 1.9% 0.5%

Total 11,640 100.0% 27.9%

Oregon Rigid Plastic Containers

Disposal By Resin (2005 preliminary information) October 4, 2006

Bottles Non-bottles Total Percent

#1 PET 11,630 2,799 14,429 34.60%

#2 HDPE 10,639 5,384 16,022 38.42%

#3 PVC 96 0 96 0.23%

#4 LDPE 26 0 26 0.06%

#5 PP 205 2,751 2,956 7.09%

#6 PS 9 4,781 4,790 11.49%

#7 Other 298 278 576 1.38%

Unknown 212 2,597 2,809 6.74%

Total 23,115 18,590 41,704 100.00%

Oregon Rigid Plastic Containers

Resin Specific Recycling Rates (preliminary information) October 4, 2006

Percent Beverage

#1 PET Over 25%

#2 HDPE unsure

#3 PVC Under 25%

#4 LDPE Under 25%

#5 PP Probably under 25%

#6 PS Under 25%

#7 Other unsure

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.665

http://www.leg.state.or.us/ors/459a.html

Rules:

Oregon Administrative Rules 340-090-0310 to 0430 http://arcweb.sos.state.or.us/rules/OARs_300/OAR_340/340_090.html