(1) The Department of Environmental Quality, in consultation with producer responsibility organizations and the Oregon Recycling System Advisory Council, shall establish and maintain a list of specifically identified materials.

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(2) In determining whether a covered product is a specifically identified material, the department shall consider criteria that include, but need not be limited to:

(a) Whether recycling processing equipment improvements are needed to sort the material and when producer responsibility organizations will fund those improvements;

(b) The availability of viable responsible end markets for the material;

(c) Economic factors affecting the value of the material; and

(d) Whether the inclusion of the covered product in recycling collection programs could cause an increase in costs. [2021 c.681 § 23]