OAR 340-098-0245: Environmentally sound management practices

(1) Standards for environmentally sound management practices. Unless approved otherwise by DEQ under subsection (3), an electronics producer responsibility organization must provide environmentally sound management practices that ensure: (a) Continuous improvement in environmental outcomes, reduction of environmental impacts, and protection of health, safety, and data privacy in the management of covered electronic device materials; (b) From the time a covered electronic device is collected from a covered entity through to final disposition of the covered electronic device materials in that covered electronic device, each service provider or downstream vendor involved in the management of covered electronic device materials, manages covered electronic device materials in a way that: (A) Minimizes environmental impacts; (B) Protects health, safety, and data privacy; (C) Incorporates the solid waste management hierarchy, prioritizing the reuse and refurbishment of covered electronic devices above recycling, and recycling of covered electronic device materials above disposal of covered electronic device materials, consistent with all applicable laws; and (D) Complies with all legal requirements applicable to the service provider or downstream vendor regarding the acceptance and handling of the covered electronic device materials, including legal requirements related to: (i) Collection, waste and recycling processing, reuse, refurbishment, storage, handling, and shipping; (ii) Air emissions and wastewater discharge, including storm water discharges; (iii) Worker health and safety; (iv) Wage and labor laws; and (v) Transboundary movement of covered electronic device materials, including electronic equipment, components, materials, waste, or scrap for reuse, refurbishment, recycling, or disposal. (c) A covered electronic device is sent to processors, refurbishers, or for reuse within six months of a collector receiving the covered electronic device from a covered entity. (2) Required environmentally sound management practices. Unless approved otherwise by DEQ under subsection (3), an electronics producer responsibility organization must provide for the following environmentally sound management practices. (a) Recordkeeping. An electronics producer responsibility organization must retain all records related to the implementation and administration of the electronics producer responsibility program, including records on whether environmentally sound management practices were provided, for not less than three years from the time the record was created and make the records available for inspection and audit by DEQ at DEQ offices upon request. An electronics producer responsibility organization must maintain records on the chain of custody for covered electronic device materials from collection to final disposition. Records must include: (A) A point of contact for each service provider or downstream vendor; (B) The types and amounts of covered electronic device materials that are recovered for reuse, refurbished, recycled, disposed of, or otherwise managed by each service provider or downstream vendor; (C) The types of refurbishment, recycling, disposal, or other management methods used by each service provider or downstream vendor for covered electronic device materials; (D) Documentation by each service provider or downstream vendor that the service provider or downstream vendor adhered to environmentally sound management practices and complied with all laws and regulations applicable to their management of covered electronic device materials; and (E) Information on each service provider or downstream vendor’s end markets for covered electronic device materials and end market contacts that the electronics producer responsibility organization uses to verify chain of custody. (b) Requirements for service provider and downstream vendors. An electronics producer responsibility organization must require each service provider or downstream vendor to: (A) Maintain all records related to covered electronic device materials for at least three years and ensure that such records are available to the electronics producer responsibility organization, including if the service provider or downstream vendor closes or leaves the electronics producer responsibility program; (B) Cooperate with performance audits, records review, and inspections conducted by the electronics producer responsibility organization or DEQ; (C) Maintain liability insurance and financial assurances; (D) Provide regular training and maintain policies on site management and operation requirements for the collection, sorting, or processing of covered electronic device materials; and (E) If the service provider or downstream vendor is located in Oregon, comply with applicable state and local recordkeeping and reporting requirements, including reporting requirements for the Oregon Material Recovery Survey under OAR 340-090-0100 and any covered electronic devices reporting and tracking requirements for covered electronic devices. (e) Monitoring. As part of monitoring and evaluating adherence by service provider and downstream vendors to environmentally sound management practices, an electronics producer responsibility organization must conduct: (A) Reviews of changes in management processes in collectors and processors as changes arise; (B) Quarterly reviews of collection reports from collectors and processing reports from processors; (C) An annual audit of records related to the electronics producer responsibility program maintained by service providers and downstream vendors; (D) Annual interviews with or surveys of collectors; (E) Annual in-person site visits of: (i) At least one-third of collectors in the electronics producer responsibility organization’s collection network, including sites shared with another electronics producer responsibility organization where the electronics producer responsibility organization is the primary electronics producer responsibility organization; and (ii) All processors; (F) Annual deployment of tracking devices to verify chain of custody and the fate of covered electronic device materials. (f) An electronics producer responsibility organization must have processes to track and address fines, violations, or issues, including safety or security incidents, involving or likely to affect a service provider or downstream vendor’s management of covered electronic device materials. Processes must ensure the electronics producer responsibility organization will promptly notify DEQ of fines, violations, or issues related to environmentally sound management practices. Processes must also ensure the electronics producer responsibility organization can take appropriate action to ensure the environmentally sound management of covered electronic devices. Appropriate action can include terminating agreements with service providers or downstream vendors. (g) Continuous improvement. An electronics producer responsibility organization must annually evaluate strategies to better achieve the standards for environmentally sound management practices in subsection (1). Strategies include incorporating new, more effective technologies; and improving existing practices and processes. (h) Technical assistance. An electronics producer responsibility organization must offer technical assistance to collection sites on environmentally sound management practices. (3) DEQ administration. (a) DEQ may approve an alternative environmentally sound management practice to the requirements of subsections (1) and (2) if the electronics producer responsibility organization demonstrates to DEQ’s satisfaction that the alternative environmentally sound management practice, such as the use of an independent, third-party certification program, exceeds or is substantially equivalent in ensuring protection of, and compliance with all laws applicable to, human health and safety, the environment, and data privacy. (b) For the purposes of monitoring compliance with environmentally sound management practices, DEQ may use tracking devices to track the fate of covered electronic device materials.