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Paper Products Recovered Materials Advisory Notice
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: May 29, 1996 (Volume 61, Number 104)]
[Notices]
[Page 26985-26993]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29my96-144]
[[Page 26985]]
_______________________________________________________________________
Part IV
Environmental Protection Agency
_______________________________________________________________________
Paper Products Recovered Materials Advisory Notice
[[Page 26986]]
ENVIRONMENTAL PROTECTION AGENCY
[SWH-FRL-5510-4-/EPA530-Z-96-005]
Paper Products Recovered Materials Advisory Notice
AGENCY: U.S. Environmental Protection Agency.
ACTION: Notice of availability of final document.
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SUMMARY: EPA is providing notice of the availability of the final Paper
Products Recovered Materials Advisory Notice (RMAN) and supporting
materials. Under Section 6002 of the Resource Conservation and Recovery
Act, which establishes a buy-recycled program for federal agencies, EPA
designates items that are or can be made with recovered materials and
provides recommendations for government procurement of these items. The
Agency is revising the 1988 recommendations to government procuring
agencies for purchasing paper and paper products containing recovered
materials. The final Paper Products RMAN addresses issues raised by
paper manufacturers, merchants, and purchasers as they implemented the
1988 recommendations, and incorporates minimum content standards for
uncoated printing and writing papers established by Executive Order.
This action will promote paper recycling by using government purchasing
to expand and maintain markets for recovered paper.
ADDRESSES: Supporting materials are available for viewing in the RCRA
Information Center (RIC), located in Crystal Gateway I, 1235 Jefferson
Davis Highway, First Floor, Arlington, Virginia. The Docket
Identification Number is F-96-PPRF-FFFFF. The RIC is open from 9:00 am
to 4:00 pm, Monday through Friday, excluding federal holidays. To
review docket materials, it is recommended that the public make an
appointment by calling 703 603-9230. The public may copy a maximum of
100 pages from any regulatory docket at no charge. Additional copies
cost $0.15 per page. The index of and some supporting materials are
also available electronically. See Section IV of the SUPPLEMENTARY
INFORMATION section for information on accessing the materials
electronically.
FOR FURTHER INFORMATION CONTACT: For general information, please
contact the RCRA Hotline at 800 424-9346, TDD 800 553-7672 (hearing
impaired), or 703 412-9810 (Washington, DC metropolitan area).
For more detailed information regarding the recommendations in
today's notice, contact Dana Arnold of the Office of Solid Waste at 703
308-7279 or at U.S. Environmental Protection Agency (5306W), 401 M
Street, S.W., Washington, DC 24060, or at e-mail:
arnold.dana@epamail.epa.gov.
SUPPLEMENTARY INFORMATION:
Preamble Outline
I. Authority
II. Agency's Response to Public Comments
A. Definition of ``Postconsumer Fiber''
B. Definitions of ``Recovered Fiber'' and ``Mill Broke''
C. Inclusion of Recommendations for Consumer (At-home) Tissue
Products
D. Recommendations for Newsprint, Corrugated Containers,
Carrierboard, and Commercial/Industrial Tissue Products
1. Newsprint
2. Corrugated Containers
3. Carrierboard
4. Commercial/Industrial Tissue Products
III. Revision to Executive Order 12873
IV. Supporting Materials and Accessing Internet
V. Use of EPA's Recommendations
Final Paper Products Recovered Materials Advisory Notice
I. Authority
The final Paper Products Recovered Materials Advisory Notice (Paper
RMAN) is published under authority of sections 2002(a) and 6002 of the
Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act of 1976, as amended, 42 U.S.C. 6912(a) and 6962, and
Executive Order 12873, ``Federal Acquisition, Recycling, and Waste
Prevention'' (58 FR 54911, October 22, 1993).
II. Agency's Response to Public Comments
Today, the U.S. Environmental Protection Agency (EPA or the Agency)
is publishing a final Paper RMAN, which contains recommendations for
procuring agencies to use when purchasing paper and paper products in
accordance with section 6002 of the Resource Conservation and Recovery
Act of 1976 (RCRA).
EPA received over 50 comments on the draft Paper RMAN, which was
published in the Federal Register on March 15, 1995 (see 50 FR 14181-
14191). In addition to responding to EPA's requests in the draft Paper
RMAN for comment on certain issues, the commenters also raised the
following issues:
(1) Definition of ``postconsumer fiber,''
(2) Definitions of ``recovered fiber'' and ``mill broke,''
(3) Inclusion of recommendations for consumer (at-home) tissue
products, and
(4) Recommendations for newsprint, corrugated containers,
carrierboard, and commercial/industrial tissue products.
A summary of all comments received and the Agency's response to
these comments are provided in ``Final Summary of Comments on the
Proposed Paper Products Recovered Materials Advisory Notice'' and
``Final Paper Products Recovered Materials Advisory Notice--Response to
Comments,'' respectively. The response to comments document also
provides discussions of changes EPA made to the March 1995 draft
recommendations, other than those discussed in this notice. See also
``Draft Paper Products RMAN--Supporting Analyses,'' February 1995, for
additional discussions of the recommendations in the Paper RMAN.
Section IV of this preamble provides information on viewing and
obtaining copies of these documents.
A. Definition of ``Postconsumer Fiber''
In the draft Paper RMAN, EPA defined ``postconsumer fiber'' based
on RCRA section 6002(h)(1)'s definition of ``postconsumer recovered
materials.'' This is the same definition EPA used in the 1988 paper
procurement guideline. In the draft Paper RMAN, however, EPA further
stated that the definition of ``postconsumer fiber'' excludes ``fiber
derived from printers' over-runs, converters' scrap, and over-issue
publications.'' EPA has consistently taken the position since 1988 that
postconsumer fiber does not include these recovered papers.
Several commenters argued that EPA should adopt a broader
postconsumer definition for its recommendations. Most of these
commenters believe that over-issue publications, such as newspapers and
magazines, are postconsumer materials. Some of the commenters also
stated that printers' over-runs should be included in the postconsumer
definition. The commenters stated that the source of recovered paper is
irrelevant to the pulp and papermaking processes because printed
materials must be handled and pulped in the same way, regardless of
source. The commenters also stated that it is not always possible to
determine the origin of a bale or truckload of recovered paper and that
there is no scientific means of testing paper to determine whether or
not it is from a postconsumer source. They further claimed that the use
of the narrower definition adds to the costs of manufacturing recycled
paper because it
[[Page 26987]]
is more costly to track postconsumer materials.
EPA previously discussed these arguments in the preamble to the
draft Paper RMAN (60 FR 14185, March 15, 1995) and in ``Draft Paper
Products RMAN--Supporting Analyses''. Commenters simply repeated past
arguments without providing new information to justify expanding the
postconsumer definition. As explained in the following discussion, EPA
continues to believe that its interpretation of RCRA section 6002 is
reasonable.
RCRA section 6002(c) requires each procuring agency that purchases
an EPA-designated item to procure such item containing the highest
levels of recovered material practicable. In the case of paper, a
procuring agency must procure a designated paper item composed of the
``highest percentage of postconsumer recovered materials.'' RCRA
section 6002(h) defines ``recovered materials'' in the case of paper
products. Paper recovered materials include two subsets: postconsumer
materials, defined in (h)(1), and manufacturing and other recovered
materials, defined in (h)(2).
Of the three types of material in question (converting scrap,
printers' over-runs, and over-issue publications), one--converting
scrap--clearly is not a postconsumer material. RCRA section 6002(h)
specifically lists it with manufacturing and other recovered materials
in subset (h)(2).
With respect to the other two types of material, over-issue
publications and printers' over-runs, RCRA section 6002(h)(1) suggests
two clear benchmarks for determining whether these are postconsumer
materials. First, postconsumer paper includes paper that has passed
through its end-usage as a consumer item. This includes conventional
discarded paper (e.g., old newspapers and magazines) from retail
stores, homes, and office buildings. Second, postconsumer paper also
includes paper recovered from municipal solid waste. Thus, the statute
would seem to limit postconsumer recovered newspapers and magazines to
those publications collected from the consumer before they enter the
municipal solid waste stream as well as that recovered from the
municipal solid waste stream after collection. Over-issue publications
and printers' over-runs which never reach a consumer do not meet either
of these criteria.
The examples in the RCRA section 6002(h) definition appear to make
a distinction between recovered materials and postconsumer recovered
materials based on whether the paper is received by an ultimate
consumer. Thus, for example, paper, paperboard and fibrous materials
may be postconsumer paper after passing through their intended end uses
as a consumer item. If, however, that same paper, paperboard or fibrous
material never reaches a consumer, it remains a preconsumer recovered
material.
In addition, a reading of the types of materials listed in section
6002(h)(1) suggests that over-issue publications and over-runs are not
postconsumer materials. Among the examples of postconsumer paper given
in the statute are ``old newspapers.'' Because publishers' over-runs
and over-issue publications are clearly not ``old'' newspapers or
``old'' magazines, they are not a postconsumer material. Moreover,
while section 6002(h) does not specifically list printers' over-runs
and over-issue publications as either ``postconsumer materials'' or
other recovered materials, it does provide that ``finished paper and
paperboard from obsolete inventories of paper and paperboard
manufacturers, merchants, wholesalers, dealers, printers, converters,
or others [emphasis added]'' are not postconsumer materials. Thus, EPA
believes that over-issue publications and printers' over-runs are
specifically listed in RCRA section 6002 as preconsumer recovered
materials.
Finally, one commenter stated that the postconsumer definition used
in the draft Paper RMAN is contrary to the ``recovered materials''
definition in RCRA. The Agency disagrees with this comment. Congress
defined ``postconsumer recovered materials'' in RCRA section
6002(h)(1). The postconsumer definition is the first subset of the
``recovered materials'' definition that Congress directs agencies to
use when purchasing paper and paper products. Thus, EPA's use of the
postconsumer definition is consistent with the RCRA definition.
B. Definitions of ``Recovered Fiber'' and ``Mill Broke''
In the draft Paper RMAN, EPA provided revised definitions of
``recovered fiber'' and ``mill broke.'' ``Recovered fiber'' identifies
materials that can be counted toward the total recycled content of
paper or paperboard. ``Mill broke'' identifies materials generated at a
paper mill that would not be counted either as total recycled content
or as postconsumer content under EPA's recommended content levels.
The definitions in the draft Paper RMAN were based on EPA's 1988
definitions of ``waste paper'' and ``mill broke.'' (In the 1988 paper
procurement guideline, EPA had established a ``waste paper'' category
to promote the use of postconsumer and other recovered paper in the
manufacture of printing and writing papers.) EPA made three changes to
these 1988 definitions in developing the Paper RMAN definitions. First,
the following mill-generated materials were moved from ``waste paper''
to ``mill broke'': offgrade or off-specification rolls, converting
scrap, culls, stub rolls, side rolls, end rolls, and obsolete
inventories. In other words, these materials could no longer be counted
toward the total recovered fiber content levels recommended in the
Paper RMAN. EPA stated that these materials are commonly re-pulped,
sold to others for pulping, or otherwise used in or converted to paper
products. Allowing these materials to count toward recovered fiber
content does not provide an incentive for mills to use materials
recovered from solid waste and, therefore, does not meet the RCRA
objective of increasing markets for postconsumer materials.
Second, EPA specified that materials must be re-pulped. As a
result, a person cannot purchase an off-specification or obsolete roll,
convert it into cut sheets or note pads, and sell it as paper
containing ``recovered materials'' or paper ``meeting EPA's
guidelines.''
Third, EPA corrected an error in the 1988 definition of ``waste
paper'' by deleting the words ``forest residues'' from the phrase
introducing the non-postconsumer materials that count as ``recovered
fiber.'' EPA had erroneously included the words ``forest residues'' in
the introductory phrase in the 1988 definition of ``waste paper,''
although the Agency had intended to exclude these materials from the
definition.
While some commenters agreed with the ``recovered fiber'' and
``mill broke'' definitions, most commenters opposed the narrowing of
the ``recovered fiber'' definition and the related expansion of the
``mill broke'' definition. Commenters pointed out that some of the
materials that EPA included in the ``mill broke'' definition are
specifically listed in the RCRA section 6002(h) definition of
``recovered materials.'' Therefore, the commenters stated, it is
contrary to RCRA to include these materials in the definition of ``mill
broke.'' Commenters also stated that all of the industry data
previously provided to EPA were based on the 1988 definitions and,
therefore, would be incorrect. Further, commenters stated that the
excluded materials generally are easier to use because they are
homogenous, clean, and without printing, whereas postconsumer materials
are heterogenous, sometimes
[[Page 26988]]
contaminated with food residue and other contaminants, and contain
printing. For this reason, mills would not substitute postconsumer
materials for the excluded materials, but would instead seek out other
preconsumer materials. Finally, commenters stated that the paper
industry has based its investments and strategies for manufacturing
recycled paper on the 1988 definitions and has invested billions of
dollars in recycling, so there is no reason to change course now when
the definitions have been working to increase domestic recycling
capacity.
In light of the comments, EPA has reconsidered the definitions used
in the draft Paper RMAN and has concluded that they are inconsistent
with RCRA section 6002(h). EPA also has concluded that industry
commenters are correct that retaining the definitions would require the
Agency to conduct new research into the recovered fiber content of
products. Further, EPA believes that, because the materials in question
represent a small percentage of all materials recovered and used, the
definitions would not make a significant contribution to expanding the
use of postconsumer materials. For these reasons, EPA will retain the
1988 definition of ``mill broke'' in the final Paper RMAN. EPA also is
retaining the 1988 definition of ``waste paper'' as the basis of the
definition of ``recovered fiber.'' However, the Agency has modified the
``recovered fiber'' definition by adding that the material must be re-
pulped and by excluding the words ``forest residues.''
C. Inclusion of Recommendations for Consumer (At-home) Tissue Products
In the draft Paper RMAN, EPA recommended content levels for
consumer (at-home) bathroom tissue and paper towels (see Table A-3 in
60 FR 14190, March 15, 1995). Based on the data it had gathered on
tissue products, EPA concluded that the paper industry produced two
distinct product lines: consumer (at-home) tissue products and
commercial/industrial (away-from-home) products. While procuring
agencies generally would not purchase consumer tissue products and,
consequently, would not be subject to the purchasing requirements under
RCRA section 6002 with respect to these products, EPA determined that
the Paper RMAN was a useful vehicle for disseminating information on
another market for materials recovered from the solid waste stream.
RCRA section 8003(e) specifically directs EPA to provide information on
resource recovery.
Commenters opposed the inclusion of recommendations for consumer
bathroom tissue and paper towels. They stated that the use of
postconsumer and recovered fiber in consumer tissue products is driven
by customer demand and mill economics and does not need additional
stimulus from EPA recommendations. Several of the commenters stated
that customer surveys and product shelf tests indicated that consumers
resist recycled content consumer tissue products. They also noted that
government agencies do not purchase consumer tissue products and that,
therefore, EPA had exceeded its authority by recommending content
levels for these products.
EPA believes that it did not exceed its authority under RCRA by
recommending content levels for consumer tissue products. RCRA section
6002 directs EPA to provide guidance regarding the use of postconsumer
materials in paper products. Moreover, as noted above, EPA has general
authority under RCRA section 8003 to provide information about the use
of recovered materials in products.
EPA's intent in recommending content levels for consumer tissue
products was to encourage manufacturers producing these items with
postconsumer and other recovered fiber. EPA policy has been to
recommend content levels for paper products not purchased by government
agencies if those recommendations would advance recycling and were
supported by the product manufacturers. However, given the absence of
any RCRA section 6002 obligations with respect to consumer tissue
products and concern that EPA's action would, in fact, adversely affect
the market for such products, EPA is not including recommendations for
consumer tissue products in the final Paper RMAN.
D. Recommendations for Newsprint, Corrugated Containers, Carrierboard,
and Commercial/Industrial Tissue Products
In the March 15, 1995 Federal Register, EPA described its
methodology for establishing the ranges of recovered and postconsumer
fiber recommended in the draft Paper RMAN (60 FR 14186). EPA stated
that the high end of each range will be set at the maximum content
currently used in paper and paper products that are available in
sufficient quantities, and with adequate competition, to meet procuring
agency needs. The low end of each range will be set at levels that can
be met by the simple majority of mills currently producing paper and
paper products containing postconsumer and recovered fiber. Comments
indicated that the low end of the recommended ranges for newsprint,
corrugated containers, carrierboard, and commercial/industrial tissue
products did not reflect the fiber levels being used by a simple
majority of mills at that time.
1. Newsprint
In the draft Paper RMAN, EPA recommended that newsprint contain 40-
100% recovered fiber, including 40-85% postconsumer fiber (see Table A-
2 in 60 FR 14189, March 15, 1995). Commenters stated that the low end
of EPA's recommended ranges, 40%, is too high and does not reflect the
content currently used by a simple majority of North American newsprint
mills. In evaluating these comments, EPA researched the current
postconsumer content of newsprint manufactured by 34 U.S. and Canadian
mills and found that the majority of mills use about 20% postconsumer
fiber.
Based on this additional information, and consistent with the
methodology described in the draft Paper RMAN, EPA is revising the
recommended ranges for newsprint in the final RMAN to 20-100% recovered
fiber and 20-85% postconsumer fiber. EPA believes that government
procuring agencies will continue to be able to purchase newsprint
containing higher levels of both postconsumer and other recovered
fiber. EPA believes that some private sector purchasers also will be
able to purchase newsprint containing high levels of both postconsumer
and other recovered fiber, but others will not. These other purchasers
should seek newsprint containing lower levels of both postconsumer and
other recovered fiber, consistent with EPA's recommended ranges, rather
than simply purchasing newsprint containing no recovered fiber.
2. Corrugated Containers
In the draft Paper RMAN, EPA recommended that corrugated containers
with a strength rating of less than 300 pounds per square inch (<300
psi) contain 40-50% recovered fiber, including 40-50% postconsumer
fiber. epa also recommended that corrugated containers with a strength
rating of 300 psi contain 30% recovered fiber, all of which is
postconsumer fiber (see table a-4 in 60 fr 14190, march 15, 1995).
commenters questioned the low end of the ranges and indicated that
epa's data regarding the postconsumer content of corrugating medium did
not reflect what the majority of mills currently use. commenters
provided
[[page 26989]]
current information about the percentages of postconsumer and recovered
fiber used in corrugated containers. the data confirmed that at least
some mills could meet the ranges recommended in the draft paper rman.
using new data submitted by commenters about the current postconsumer
content of corrugating medium, and consistent with the methodology
described in the draft paper rman, epa re-calculated the content of
corrugated containers and concluded that the low end of the recommended
ranges should be 25%. therefore, in table a-4 of the final paper rman,
epa recommends that corrugated containers (<300 psi) contain 25-50%
recovered fiber, including 25-50% postconsumer fiber and that
corrugated containers (300 psi) contain 25-30% recovered fiber,
including 25-30% postconsumer fiber.
3. carrierboard
in the draft paper rman, epa recommended that carrierboard (which
is a type of paperboard used to package multi-packs of beverages
containers) contain 25-100% recovered fiber, including 15% postconsumer
fiber (see table a-4 in 60 fr 14190, march 15, 1995). the two
manufacturers of unbleached kraft carrierboard commented that, due to
shortages of old corrugated containers (occ), the postconsumer fiber
content of their product currently was 10%. the manufacturers
previously had used 15% postconsumer fiber but were experiencing
problems obtaining adequate supplies of occ. based on this information,
and consistent with the methodology for establishing the low end of the
ranges described in the draft paper rman, epa is changing the
postconsumer fiber recommendation for carrierboard in the final paper
rman to a range of 10-15%. epa is making a corresponding revision to
the recovered fiber range, 10-100%. purchasing agencies should note
that, when occ supplies are adequate, the manufacturers should be able
to provide carrierboard containing 15% postconsumer fiber.
4. commercial/industrial tissue products
in the draft paper rman, epa recommended that commercial/industrial
sanitary tissue products contain 100% recovered fiber, including
varying ranges of postconsumer fiber (see table a-3 in 60 fr 14190,
march 15, 1995). epa recommended a 100% recovered fiber level, rather
than a range, because the agency's data indicated that most
manufacturers produced tissue products containing 100% recovered fiber.
commenters stated that epa's data on commercial/industrial tissue
products were incorrect. the commenters stated that many of the tissue
manufacturers produce one product line containing 100% recovered fiber,
but this represents only a small fraction of their overall product
lines. the commenters also stated that there is not a sufficient supply
of tissue products containing 100% recovered fiber to ensure product
availability and competition or to supply the broader, commercial (non-
government) market. in addition, they stated that, even if they wanted
to re-formulate their product lines to contain 100% recovered fiber,
they would not be able to do so, because they currently are
experiencing shortages and/or high prices for the grades of recovered
paper used in tissue products. the commenters submitted new data to
substantiate their comments.
in the supporting analyses to the draft paper rman, epa stated that
there is great variability in the postconsumer and recovered fiber
usage among tissue producers. the commenters' data confirm this
variability. in fact, commenters demonstrated that some tissue mills
have integrated pulp and papermaking operations and use small
percentages of postconsumer and recovered fiber combined with wood-
based pulp. others rely entirely on postconsumer and recovered fiber.
epa believes that commenters demonstrated that the agency should
recommend a range for the recovered fiber content of tissue products.
adding ranges will provide flexibility to all tissue mills when fiber
supplies are tight and will allow more mills to compete, thereby
encouraging greater usage of postconsumer fiber.
commenters proposed that epa retain the 1988 postconsumer-only
content recommendations in the final paper rman, rather than two-part
content recommendations. the commenters stated that there is an
inadequate supply of recovered paper for tissue mills to meet the
postconsumer fiber ranges recommended in the draft paper rman and
provided data to support their comments.
epa continues to believe that the use of two-part content levels
will result in greater usage of postconsumer materials by all tissue
mills than will postconsumer-only levels because, as stated in the
march 15, 1995 federal register notice (60 fr 14185), mills will use
postconsumer fiber to meet both some of their total recovered fiber
needs and their postconsumer fiber needs.
aggregate data provided by commenters and epa's conversations with
tissue manufacturers indicate that the majority of mills can meet the
1988 recommended content levels for bathroom tissue, paper towels, and
paper napkins.
epa's 1988 recommended content level for facial tissue was 5%
postconsumer fiber. epa requested additional information from the
commenters regarding the postconsumer fiber content of facial tissue.
the additional information is discussed in ``final paper products
rman--response to comments.'' epa believes that the information
supports a postconsumer fiber range of 10-15% for facial tissue.
based on the original comments and the additional information about
facial tissue, epa is recommending the following levels for commercial/
industrial tissue products in the final paper rman:
• Bathroom tissue: 20-100% recovered fiber, including 20-60%
postconsumer fiber,
• Paper towels: 40-100% recovered fiber, including 40-60%
postconsumer fiber,
• Paper napkins: 30-100% recovered fiber, including 30-60%
postconsumer fiber, and
• Facial tissue: 10-100% recovered fiber, including 10-15%
postconsumer fiber.
III. Revision to Executive Order 12873
Section 504 of Executive Order 12873 (58 FR 54916, October 22,
1993) established postconsumer content standards for selected uncoated
printing and writing papers. The Executive Order specified a 20%
postconsumer content for high speed copier paper, offset paper, forms
bond, computer printout paper, carbonless paper, file folders, and
white wove envelopes, and a standard of 50% recovered materials,
including 20% postconsumer materials, for writing and office paper,
book paper, cotton fiber paper, and text and cover paper. EPA
incorporated these content levels into its recommendations for printing
and writing papers in the draft Paper RMAN. (As explained in ``Draft
Paper Products RMAN--Supporting Analyses,'' EPA used slightly different
terminology in the draft Paper RMAN than that used in the Executive
Order to reflect the way in which terms are currently used by paper
mills, vendors, and procuring agencies.)
On March 25, 1996, President Clinton amended section 504 to delete
the 50% recovered materials standard. (See Executive Order 12995, 61 FR
13645, March 28, 1996.) As a result, the
[[Page 26990]]
Executive Order now establishes a 20% postconsumer content level for
all of the named printing and writing papers. EPA has revised Table A-
1a in the final Paper RMAN accordingly.
IV. Supporting Materials and Accessing Internet
The index of supporting materials is available in the RCRA
Information Center (RIC) and on the Internet. The address and telephone
number of the RIC are provided in ADDRESSES above. The following
supporting materials are available on the Internet:
Final Summary of Comments on the Proposed Paper Products
Recovered Materials Advisory Notice, prepared for U.S. EPA by
Eastern Research Group, July 27, 1995, 64 pages.
Draft Paper Products RMAN--Supporting Analyses, Office of Solid
Waste, U.S. EPA, February 1995, 86 pages.
Final Paper Products Recovered Materials Advisory Notice --
Response to Public Comments, Office of Solid Waste, U.S. EPA, April
1996, 64 pages.
Copies of the following supporting materials are available for
viewing at the RIC only:
Memorandum regarding the Status of Over-Issue Publications from
Richard T. Witt, Attorney, Solid Waste and Emergency Response
Division, Office of General Counsel, to Robert W. Dellinger,
Associate Division Director, Municipal & Industrial Solid Waste
Division, Office of Solid Waste, February 9, 1996, 4 pages.
Minutes, Ex Parte Meeting Between EPA and The Tissue Producers
Coalition, July 07, 1995, 4 pages.
Memorandum to the Record, Final Paper Products RMAN, re Market
Share of Commercial/Industrial Tissue Market, March 12, 1996, 2
pages.
Minutes, Ex Parte Meeting Between EPA and Newsprint
Manufacturers, February 13, 1996, 3 pages.
``Research on Use of Postconsumer Materials in Newsprint
Manufacturing,'' prepared for U.S. EPA by Eastern Research Group,
October 25, 1995, 4 pages.
``Meeting Average Recycled Content Newsprint Goals in the
Newspaper Publishing Industry,'' Final Report, prepared for U.S. EPA
by Eastern Research Group, December 18, 1995, 5 pages.
``Use of Recovered Fiber in Selected Bristols,'' Final Report,
prepared for U.S. EPA by Eastern Research Group, December 18, 1995.
Letter to Dana Arnold regarding machine finished uncoated
groundwood paper, American Forest & Paper Association, Sara Freund,
February 13, 1996, 1 page.
Minutes, Ex Parte Meeting Between EPA and Representatives of
Mead Corporation, July 18, 1995, 2 pages.
Follow these instructions to access the information electronically:
Gopher: gopher.epa.gov
WWW: http://www.epa.gov
Dial-up: 919 558-0335
The materials can be accessed off the main EPA Gopher menu, in the
directory EPA Offices and Regions/Office of Solid Waste and Emergency
Response (OSWER)/Office of Solid Waste (RCRA)/[Non-Hazardous Waste--
RCRA Subtitle D/Procurement/Paper].
FTP: ftp.epa.gov
Login: anonymous
Password: your Internet address
Files are located in /pub/gopher/OSWRCRA.
V. Use of EPA's Recommendations
EPA encourages state and local agencies to use the recommendations
in today's final Paper RMAN when purchasing paper and paper products.
EPA also encourages private sector purchasers to use the information
provided by EPA when purchasing paper and paper products. EPA
recommends that purchasers establish their minimum content standards at
the highest percentages available to them that achieve their price and
performance objectives, even if these standards exceed EPA's
recommended ranges. If a product is not available at a competitive
price and at a content level at the high end of EPA's recommended
ranges, purchasers should set their standards at the highest levels
available to them that meet their price and performance objectives,
using the recommended ranges as a guide. In this way, EPA's recommended
ranges will encourage both public and private sector purchasers to
purchase paper products containing the highest levels of postconsumer
and recovered fiber practicable.
EPA has found that some state agencies have been using the Agency's
1988 content recommendations as a starting point in establishing
product labeling requirements. While EPA's recommendations were not
intended for use as labeling standards, they can be used as an
information source for agencies establishing recycled product labeling
programs.
EPA cautions persons using EPA's recommendations, whether to
establish purchasing specifications or labeling standards, to use them
only for the specific items for which they were intended. It is not
appropriate to analogize from one item in a paper grade (e.g., printing
and writing paper, tissue products, paperboard) to another item that
could also fall within that grade, without first researching the use of
postconsumer and recovered fiber in the other item. The two items could
have different performance requirements necessitating different levels
of postconsumer or recovered fiber. In addition, one item could be made
primarily by mills that use high percentages of postconsumer or
recovered fiber, while the other item could be made primarily by mills
that use low or no percentages of this fiber.
Dated: May 15, 1996.
Elliott P. Laws,
Assistant Administrator,
Office of Solid Waste and Emergency Response.
Final Paper Products Recovered Materials Advisory Notice
This Paper Products Recovered Materials Advisory Notice (Paper
RMAN) contains EPA's recommendations to procuring agencies for
purchasing paper and paper products in compliance with section 6002 of
the Resource Conservation and Recovery Act of 1976 (RCRA). These
recommendations replace the recommendations found in EPA's 1988 paper
procurement guideline, 40 CFR Part 250 (53 FR 23545, June 22, 1988).
These recommendations also replace the recommendations found in Part A
of EPA's 1995 RMAN (60 FR 21388-21389, May 1, 1995). The contents of
this Paper RMAN consist of the Part A, Paper and Paper Products,
sections listed below.
Contents
Part A--Paper and Paper Products
Section A-1--Printing and Writing Papers
Section A-2--Newsprint
Section A-3--Commercial/Industrial Sanitary Tissue Products
Section A-4--Paperboard and Packaging Products
Section A-5--Miscellaneous Paper Products
Section A-6--Other Recommendations for Paper and Paper Products
Section A-7--Definitions
Appendix A-1.--Example Calculation of Postconsumer Fiber Content of a
Corrugated Container
Part A--Paper and Paper Products
Section A-1--Printing and Writing Papers
Preference Program: EPA recommends that procuring agencies
establish minimum content standards expressed as a percentage of
recovered fiber, including a percentage of postconsumer fiber. EPA
recommends that procuring agencies base their minimum content standards
for printing and writing papers on the content levels shown in Tables
A-1a, A-1b, and A-1c. Percentages are based on the fiber weight of the
product. The content
[[Page 26991]]
levels in the tables should be read as X% recovered fiber, including Y%
postconsumer fiber and not as X% recovered fiber plus Y% postconsumer
fiber. Where the content level is the same in both columns (e.g., 20%
in both the recovered fiber and postconsumer fiber columns), this means
that EPA is recommending that agencies establish identical content
levels for both postconsumer and recovered fiber.
Table A-1A.--Recommended Recovered Fiber Content Levels for Uncoated
Printing and Writing Papers
------------------------------------------------------------------------
Recovered Postconsumer
Item fiber (%) fiber (%)
------------------------------------------------------------------------
Reprographic Paper (e.g., mimeo and
duplicator paper, high-speed copier paper,
and bond paper) \1\......................... 20 20
Offset Paper (e.g., offset printing paper,\1\
book paper*, bond paper \1\)................ 20 20
Tablet Paper (e.g., office paper such as note
pads, stationery \1\ and other writing \1\
papers)..................................... 20 20
Forms Bond (e.g., forms, computer printout
paper, ledger) \1\.......................... 20 20
Envelope Paper:
Wove..................................... 20 20
Kraft:
White and colored (including manila). 10-20 10-20
Unbleached........................... 10 10
Cotton Fiber Paper (e.g., cotton fiber
papers, ledger,\1\ stationery \1\ and
matching envelopes, and other writing \1\
papers)..................................... 20 20
Text & Cover Paper (e.g., cover stock, book
paper \1\, stationery \1\ and matching
envelopes, and other writing \1\ paper)..... 20 20
Supercalendered.............................. 10 10
Machine finish groundwood.................... 10 10
Papeteries................................... 20 20
Check Safety Paper........................... 10 10
------------------------------------------------------------------------
\1\ These items can be made from a variety of printing and writing
papers, depending on the performance characteristics of the item. Some
of the papers are a commodity-type and some are specialty papers. EPA
recommends that procuring agencies determine the performance
characteristics required of the paper prior to establishing minimum
content standards. For example, bond, ledger, or stationery made from
cotton fiber paper or a text & cover paper have different
characteristics than similar items made from commodity papers.
Table A-1B.--Recommended Recovered Fiber Content Levels for Coated
Printing and Writing Papers
------------------------------------------------------------------------
Recovered Postconsumer
Item fiber (%) fiber (%)
------------------------------------------------------------------------
Coated Printing Paper........................ 10 10
Carbonless................................... 20 20
------------------------------------------------------------------------
Table A-1c.--Recommended Recovered Fiber Content Levels for Bristols
------------------------------------------------------------------------
Recovered Postconsumer
Item fiber (%) fiber (%)
------------------------------------------------------------------------
File Folders (manila and colored)............ 20 20
Dyed Filing Products......................... 20-50 20
Cards (index, postal, and other, including
index sheets)............................... 50 20
Pressboard Report Covers and Binders......... 50 20
Tags and Tickets............................. 20-50 20
------------------------------------------------------------------------
Section A-2--Newsprint
Preference Program: EPA recommends that procuring agencies
establish minimum content standards expressed as a percentage of
recovered fiber, including a percentage of postconsumer fiber. EPA
recommends that procuring agencies base their minimum content standards
for newsprint on the content levels shown in Table A-2. Percentages are
based on the fiber weight of the product. The content levels in the
table should be read as X% recovered fiber, including Y% postconsumer
fiber and not as X% recovered fiber plus Y% postconsumer fiber.
Table A-2.--Recommended Recovered Fiber Content Levels for Newsprint
------------------------------------------------------------------------
Recovered Postconsumer
Item fiber (%) fiber (%)
------------------------------------------------------------------------
Newsprint.................................... 20-100 20-85
------------------------------------------------------------------------
Section A-3--Commercial/Industrial Sanitary Tissue Products
Preference Program: EPA recommends that procuring agencies
establish minimum content standards expressed as a percentage of
recovered fiber, including a percentage of postconsumer fiber. EPA
recommends that procuring agencies
[[Page 26992]]
base their minimum content standards for commercial/industrial tissue
products on the content levels shown in Table A-3. Percentages are
based on the fiber weight of the product. The content levels in the
table should be read as X% recovered fiber, including Y% postconsumer
fiber and not as X% recovered fiber plus Y% postconsumer fiber.
Table A-3.--Recommended Recovered Fiber Content Levels for Commercial/
Industrial Sanitary Tissue Products
------------------------------------------------------------------------
Recovered Postconsumer
Item fiber (%) fiber (%)
------------------------------------------------------------------------
Bathroom tissue.............................. 20-100 20-60
Paper towels................................. 40-100 40-60
Paper napkins................................ 30-100 30-60
Facial tissue................................ 10-100 10-15
General purpose industrial wipers............ 40-100 40
------------------------------------------------------------------------
Section A-4--Paperboard and Packaging Products
Preference Program: EPA recommends that procuring agencies
establish minimum content standards expressed as a percentage of
recovered fiber, including a percentage of postconsumer fiber. EPA
recommends that procuring agencies base their minimum content standards
for paperboard and packaging products on the content levels shown in
Table A-4. Percentages are based on the fiber weight of the product.
The content levels in the table should be read as X% recovered fiber,
including Y% postconsumer fiber and not as X% recovered fiber plus Y%
postconsumer fiber. Where the content level is the same in both columns
(e.g., 40% in both the recovered fiber and postconsumer fiber columns),
this means that EPA is recommending that agencies establish identical
content levels for postconsumer and recovered fiber.
Table A-4.--Recommended Recovered Fiber Content Levels for Paperboard
and Packaging Products
------------------------------------------------------------------------
Recovered Postconsumer
Item fiber (%) fiber (%)
------------------------------------------------------------------------
Corrugated containers: \1\
(<300 psi)............................... 25-50 25-50
(300 psi)................................ 25-30 25-30
Solid Fiber Boxes............................ 40 40
Folding cartons\2\........................... 100 40-80
Industrial paperboard (e.g., tubes, cores,
drums, and cans)............................ 100 45-100
Miscellaneous (e.g., pad backs, covered
binders, book covers, mailing tubes,
protective packaging)....................... 90-100 75-100
Padded mailers............................... 5-15 5-15
Carrierboard\3\.............................. 10-100 10-15
Brown papers (e.g., wrapping paper and bags). 5-40 5-20
------------------------------------------------------------------------
\1\ The recovered fiber and postconsumer fiber content is calculated
from the content of each component relative to the weight each
contributes to the total weight of the box. See Appendix I for an
example.
\2\ The recommended content ranges are not applicable to all types of
paperboard used in folding cartons. Cartons made from solid bleached
sulfate or solid unbleached sulfate contain no or small percentages of
postconsumer fiber, depending on the paperboard source.
\3\ Carrierboard made from unbleached kraft contains up to 25% recovered
fiber, while carrierboard made from recycled paperboard contains up to
100% recovered fiber.
Section A-5--Miscellaneous Paper Products
Preference Program: EPA recommends that procuring agencies
establish minimum content standards expressed as a percentage of
recovered fiber, including a percentage of postconsumer fiber. EPA
recommends that procuring agencies base their minimum content standards
for the listed paper products on the content levels shown in Table A-5.
Percentages are based on the fiber weight of the product. The content
levels in the table should be read as 100% recovered fiber, including
X% postconsumer fiber and not as 100% recovered fiber plus Y%
postconsumer fiber.
Table A-5.--Recommended Recovered Fiber Content Levels for Miscellaneous
Paper Products
------------------------------------------------------------------------
Recovered Postconsumer
Item fiber (%) fiber (%)
------------------------------------------------------------------------
Tray liners.................................. 100 50-75
------------------------------------------------------------------------
Section A-6--Other Recommendations for Paper and Paper Products
Measurement: EPA recommends that procuring agencies express their
minimum content standards as a percentage of the fiber weight of the
paper or paper product. EPA further recommends that procuring agencies
specify that mill broke cannot be counted toward postconsumer or
recovered fiber content, except that procuring agencies should permit
mills to count mill broke generated in a papermaking process using
postconsumer and/or recovered fiber as
[[Page 26993]]
feedstock toward ``postconsumer fiber'' or ``recovered fiber'' content,
to the extent that the feedstock contained these materials. In other
words, if a mill uses less than 100% postconsumer or recovered fiber,
only a proportional amount of broke can be counted towards postconsumer
or recovered fiber content.
Specifications: EPA recommends that procuring agencies review
specifications provisions pertaining to performance and aesthetics and
revise provisions that can impede use of postconsumer and recovered
fiber, unless such provisions are related to reasonable performance
standards. Agencies should determine whether performance provisions are
unnecessarily stringent for a particular end use. Agencies also should
revise aesthetics provisions--such as brightness, dirt count, or shade
matching--if appropriate, consistent with the agencies' performance
requirements, in order to allow for a higher use of postconsumer and
recovered fiber.
EPA recommends that procuring agencies document determinations that
paper products containing postconsumer and recovered fiber will not
meet the agencies' reasonable performance standards. Any determination
should be based on technical performance information related to a
specific item, not a grade of paper or type of product.
EPA recommends that procuring agencies watch for changes in the use
of postconsumer and recovered fiber in paper and paper products. When a
paper or a paper product containing postconsumer and recovered fiber is
produced in types and grades not previously available, at a competitive
price, procuring agencies should either revise specifications to allow
the use of such type or grade, or develop new specifications for such
type or grade, consistent with the agencies' performance requirements.
Recyclability: EPA recommends that procuring agencies consider the
effect of a procurement of a paper product containing recovered and
postconsumer fiber on their paper collection programs by assessing the
impact of their decision on their overall contribution to the solid
waste stream.
Section A-7--Definitions
For purposes of the recommendations contained in this Part, terms
shall have the following meanings:
``Postconsumer fiber'' means:
(1) Paper, paperboard, and fibrous wastes from retail stores,
office buildings, homes, and so forth, after they have passed through
their end-usage as a consumer item, including: used corrugated boxes;
old newspapers; old magazines; mixed waste paper; tabulating cards; and
used cordage; and
(2) All paper, paperboard, and fibrous wastes that enter and are
collected from municipal solid waste.
Postconsumer fiber does not include fiber derived from printers'
over-runs, converters' scrap, and over-issue publications.
``Recovered fiber'' means the following materials:
(1) Postconsumer fiber such as:
(A) Paper, paperboard, and fibrous materials from retail stores,
office buildings, homes, and so forth, after they have passed through
their end-usage as a consumer item, including: used corrugated boxes;
old newspapers; old magazines; mixed waste paper; tabulating cards; and
used cordage; and
(B) All paper, paperboard, and fibrous materials that enter and are
collected from municipal solid waste, and
(2) Manufacturing wastes such as----
(A) Dry paper and paperboard waste generated after completion of
the papermaking process (that is, those manufacturing operations up to
and including the cutting and trimming of the paper machine reel into
smaller rolls or rough sheets) including: envelope cuttings, bindery
trimmings, and other paper and paperboard waste resulting from
printing, cutting, forming, and other converting operations; bag, box,
and carton manufacturing wastes; and butt rolls, mill wrappers, and
rejected unused stock; and
(B) Repulped finished paper and paperboard from obsolete
inventories of paper and paperboard manufacturers, merchants,
wholesalers, dealers, printers, converters, or others.
``Mill broke'' means any paper waste generated in a paper mill
prior to completion of the papermaking process. It is usually returned
directly to the pulping process. Mill broke is excluded from the
definition of ``recovered fiber.''
Appendix A-1.--Example Calculation of Postconsumer Fiber Content of a
Corrugated Container
C-flute has a take-up factor of approximately 1.44, which means
that for each one foot of combined corrugated board there is 1.44 feet
of fluted medium. This factor is used to calculate the weight of
paperboard in a given area of combined corrugated board, from which the
basis weight of the board is derived. Each linerboard contributes 35%
of the basis weight (42/121.4). The medium contributes 30% of the total
basis weight (37.4/121.4).
Board Basis Weight
------------------------------------------------------------------------
lbs/MSF
------------------------------------------------------------------------
Linerboard #1: 42 x 1.00 =............................... 42.0
Medium: 26 x 1.44 =...................................... 37.4
Linerboard #2: 42 x 1.00 =............................... 42.0
------------
Combined Board Weight...................................... 121.4
------------------------------------------------------------------------
If the linerboard used has 20% postconsumer fiber and the medium
has 80% postconsumer fiber, the resulting total postconsumer fiber
content of the containerboard is as follows:
Linerboard: .35 x .20 = .07 x 2 = .14 (or 14%)
Medium: .30 x .80 = .24 (or 24%)
Total postconsumer fiber: .14 + .24 = .38 (or 38%)
[FR Doc. 96-13432 Filed 5-28-96; 8:45 am]
BILLING CODE 6560-50-P