Or. Admin. Code § 340-090-0940

Current through Register Vol. 63, No. 12, December 1, 2024

Section 340-090-0940 - Additional Environmental and Human Health Information

In addition to the information required by OAR 340-090-0930, a life cycle evaluation under the LCE rules must include the additional information on environmental and human health impacts of a covered product required by this rule.

(1) The evaluation must include a list of the material content of the covered product that, at a minimum, states any intentionally-added hazardous substances in the covered product that are at or above practical quantification limits, as well as any contaminant hazardous substances in the covered product at concentrations above 100 parts per million.

(a) If a practical quantification limit has not been designated for a hazardous substance that has been intentionally added to a covered product, its addition to the product must still be disclosed.

(b) If a producer has a manufacturing control program in place proven effective at minimizing the concentration of a particular contaminant in the product below 100 parts per million, the producer is exempt from the requirement to report on the contaminant's presence, as long as it provides a description of the program and details corroborating its effectiveness.

(2) The evaluation must include a description of any known releases of substances described in Section 1 of this rule from the covered product to a consumer or to the environment.

(3) If a producer has undertaken an exposure assessment, pursuant to OAR 333-016-3050 or other similar methodology, of the covered product within the five years prior to the evaluation, and the exposure assessment indicated transferal of a substance described in Section 1 of this rule to a consumer above the applicable practical quantification limit, the producer must provide the exposure assessment in its original format.

(4) If a producer has replaced a hazardous substance with a substitute chemical within the five years prior to the evaluation and based the decision to do so on a hazard or alternatives assessment, the producer must provide the hazard or alternatives assessment in its original format.

(5) The evaluation must include a human health impact statement, that includes the following:

(a) Disclosure of any non-compliance of the covered product with customer health and safety regulations or voluntary codes in any jurisdiction in the past five years.

(b) If a producer is required to submit the evaluation pursuant to ORS 459A.944(2) and the producer is also subject to required sustainability reporting in the European Union under 2013/34/EU and 2023/2772/EU or similar requirements, the producer must disclose any material health impacts of the covered product on affected communities in accordance with the European Sustainability Reporting Standards 2023/2772/EU (ESRS) Disclosure Requirement (DR)-IRO 1.

(A) If the producer considers health impacts of the covered product to be non-material, the producer must provide a written justification.

(B) If material health impacts have been identified, the producer must disclose the following additional information, in accordance with 2023/2772/EU ESRS DR S3-1 through S3-5:

(i) Policies adopted to manage material health impacts of the covered product on affected communities, as well as associated material risks and opportunities; and

(ii) Processes for engaging with affected communities about actual and potential material health impacts of the covered product;

(iii) Processes to remediate negative material health impacts of the covered products and channels for affected communities to raise concerns;

(iv) Actions taken to address material health impacts of the covered product, and approaches to mitigating material risks and pursuing material opportunities related to affected communities, and the effectiveness of those actions and approaches.

(v) Time-bound and outcome-oriented targets that have been set for reduction of negative impacts of the covered product on affected communities, advancing positive impacts on affected communities, or managing material risk and opportunities related to affected communities.

(6) If a producer incorrectly reports the information required by Section 1 or Section 5(a) of this rule, the producer must pay the full fee amount for any period it received a reduced fee pursuant to OAR 340-090-0910(3). The producer responsibility organization must document the misreporting incident and make correct information available on its website.

Or. Admin. Code § 340-090-0940

DEQ 20-2024, adopt filed 11/24/2024, effective 11/24/2024

Statutory/Other Authority: ORS 459A.944 & 459A.884

Statutes/Other Implemented: ORS 459A.944 & 459A.884