Wednesday
March 15, 1995
Part VII
Environmental
Protection Agency
Paper Products Recovered Materials
Advisory; Notice
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Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Notices
ENVIRONMENTAL PROTECTION
AGENCY
[SWH-FRL-5172-9]
Paper Products Recovered Materials
Advisory Notice
AGENCY: Environmental Protection
Agency.
ACTION: Notice of availability.
SUMMARY: The Environmental Protection
Agency today is providing notice of the
availability of a draft Paper Products
Recovered Materials Advisory Notice
and "Draft Paper Products RMAN—
Supporting Analyses." This action will
promote paper recycling by using
government procurement to expand
markets for recovered paper. Under
section 6002 of the Resource
Conservation and Recovery Act of 1976,
EPA designates items that are or can be
made with recovered materials and
provides recommendations for
government procurement of these items.
In 1988, EPA designated the category of
paper and paper products and
recommended minimum recovered
materials content levels for items within
this category that are commonly
purchased by government agencies.
Today, EPA is issuing draft revisions to
the 1988 recommendations. EPA also
addresses issues raised by paper
manufacturers, merchants, and
purchasers as they have been
implementing the 1988
recommendations.
DATES: EPA will accept public
comments on the recommendations
contained in the draft Paper Products
Recovered Materials Advisory Notice
until May 15,1995. Both written and
electronic comments must be submitted
on or before this date.
ADDRESSES: Commenters must send an
original and two copies of comments,
referencing docket F-95-PPRN-FFFFF,
to the RCRA Information Center (5305),
U.S. EPA, 401M Street SW.,
Washington, DC 20460.
Commenters wishing to submit
Confidential Business Information (CBI)
should submit an original and two
copies of the CBI, referencing docket F-
95-PPRN-FFFFF, under separate cover
to the Document Control Officer (5305),
U.S. EPA, 401M Street SW.,
Washington, DC 20460.
Comments may also be submitted
electronically by sending electronic
mail (e-mail) through the Internet
System to: RCRA-
Docket@epamail.epa.gov. All electronic
comments must be submitted as an
ASCfl file avoiding the use of special
characters and any form of encryption.
The comments should be identified by
docket number F-95-PPRN-FFFFF.
Further information on submitting
comments electronically is provided
below hi the section entitled "Electronic
Filing of Comments."
Public comments and relevant
documents are available for viewing in
the RCRA Information Center (RIG),
located in room M2616, at the EPA
address listed above. The RIG is open
from 9 am to 4 pm, Monday through
Friday, excluding Federal holidays. To
review docket materials, the public
must make an appointment by calling
(202) 260-9327. Materials may be
copied for $0.15 per page.
FOR FURTHER INFORMATION CONTACT:
"Draft Paper Products RMAN—-
Supporting Analyses" is the primary
supporting document for the draft Paper
Products Recovered Materials Advisory
Notice (RMAN). Both the Federal
Register notice and the supporting
document will be available in electronic
format on the Internet System through
the EPA Public Access Server at
gopher.epa.gov. For a paper copy of the
Federal Register notice or "Draft Paper
Products RMAN—Supporting
Analyses," please contact the RCRA
Hotline at 800-424-9346, or, in the
Washington, DC metropolitan area,
(703) 412-9810. Paper copies also are
available in the RCRA Docket at the
address listed in the previous section.
For technical information regarding
the recommendations in today's notice,
contact Dana Arnold of the Recycling
Section in EPA's Office of Solid Waste
at (703) 308-7279.
ELECTRONIC FILING OF COMMENTS: As part
of an interagency "streamlining"
initiative, EPA is experimenting with
electronic submission of public
comments through the Internet, in
addition to accepting comments in
traditional written form. This notice is
one of the actions selected by EPA for
this experiment. From the experiment,
EPA will learn how electronic
commenting works, and any problems
that arise can be addressed before EPA
adopts electronic commenting more
broadly in its rulemaking activities.
Electronic comment through the
Internet raises some novel issues.
Persons who comment on this
document should be aware that this
experimental electronic commenting is
administered on a completely public
system. Therefore, any personal
information included in comments and
the electronic mail addresses of those
who make comments electronically are
automatically available to anyone else
who views these comments.
Similarly, since all electronic
comments are available to all users,
commenters should not submit
electronically any information which
they believe to be Confidential Business
Information (CBI). Such information
should be submitted only in writing as
described above under ADDRESSES.
The official record for this action will
be kept in paper form. Accordingly, EPA
will convert all documents received
electronically into printed paper form as
they are received and will place the
paper copies in the official record,
which will also include all comments
submitted directly in writing. The
official record is the paper record
maintained in the RCRA docket (see
ADDRESSES above). (Comments
submitted on paper will not be
transferred to electronic format. These
comments may be viewed only in the
RCRA docket as described above.)
Because the electronic comment
process is still experimental, EPA
cannot guarantee that all electronic
comments can be accurately converted
to printed paper form. If EPA becomes
aware of any problems with the receipt
of the electronic file or with its transfer
to paper, the Agency will attempt to
contact the commenter to request that
the comment be resubmitted in
electronic or written form.
Some commenters may choose to
submit identical comments in both
electronic and written form to ensure
accuracy. In these instances, EPA
requests that commenters clearly note in
both the electronic and written
submissions that the comments are
duplicated in the other medium. This
will assist EPA in processing and filing
the comments during the open comment
period.,
As with written comments, EPA will
not attempt to verify the identities of
electronic commenters or to review the
accuracy of electronic comments. EPA
will take such commenters and
comments at face value. Electronic and
written comments will be placed in the
official record without any editing or
change by EPA except to the extent
changes occur in the process of
converting electronic comments to
printed paper form.
If it chooses to respond officially to
electronic comments on this notice, EPA
will do so either in a notice in the
Federal Register or in a response to
comments document placed in the
official record for this docket. EPA will
not respond to commenters
electronically, other than to seek
clarification of electronic comments that
may be garbled in transmission or
conversion to printed paper form. Any
communications from EPA employees
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14183
to electronic commenters, other than
those described in this paragraph, either
through Internet or otherwise are not
official responses from EPA.
ACCESSING INTERNET:
1. Through Gopher: Go to:
gopher.epa.gov
From the main menu, choose "EPA
Offices and Regions". Next, choose
"Office of Solid Waste and Emergency
Response (OSWER)". Next, choose
"Office of Solid Waste". Then, choose
"Non-Hazardous Waste—RCRA Subtitle
D". Finally, choose "Procurement/
Paper".
2. Through FTP: Go to: ftp.epa.gov
Login: anonymous
Password: Your Internet Address
Files are located in directories/pub/
gopher. All OSW files are in directories
beginning with "OSW".
3. Through MOSAIC: Go to: http://
www.epa.gov
Choose the EPA Public Access
Gopher. From the main (Gopher) menu,
choose "EPA Offices and Regions".
Next, choose "Office of Solid Waste and
Emergency Response (OSWER)." Next,
choose "Office of Solid Waste". Then,
choose "Non-Hazardous Waste—RCRA
Subtitle D". Finally, choose
' 'Procurement/Paper''.
4. Through dial-up access:
Dial 919-558-0335. Choose EPA
Public Access Gopher. From the main
(Gopher) menu, choose "EPA Offices
and Regions". Next, choose "Office of
Solid Waste and Emergency Response
(OSWER)". Next, choose "Office of
Solid Waste". Then, choose "Non-
Hazardous Waste—RCRA Subtitle D".
Finally, choose "Procurement/Paper".
SUPPLEMENTARY INFORMATION:
Preamble Outline
I. Authority
II. Introduction
A. Objectives
B. The Procurement Guidelines
Development Process
C. Approach to Recovered Materials
Content Recommendations
1. One-part vs. Two-part Content Levels
2. Broad vs. Narrow Definition of
"Postconsumer Materials"
3. Establishment of Minimum Recovered
Materials Content Levels and Ranges
4. EPA's Methodology for Recommending
Postconsumer and Recovered Fiber
Content Levels
III. Other Issues Addressed in the Draft Paper
Products RMAN
A. Measurement of Recovered Fiber
Content
B. Clarifications and Revisions to
Definitions
C. Revisions to Item Listings
D. Recyclability
E. Use of EPA's Recommendations
III. Request for Comments
I. Authority
The draft Paper Products Recovered
Materials Advisory Notice 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. Introduction
Today, the U.S. Environmental
Protection Agency (EPA or the Agency)
is publishing a draft Recovered
Materials Advisory Notice (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).
Detailed information supporting
EPA's draft recommendations are found
in "Draft Paper Products RMAN—
Supporting Analyses." This document
is available electronically and in paper
form. See the section above entitled FOR
FURTHER INFORMATION CONTACT for
instructions for obtaining the supporting
analyses document in either format.
A. Objectives
In developing the draft
recommendations for paper and paper
products, EPA considered two
objectives. As required by RCRA section
6002, EPA's first objective is to
recommend content levels that will
maximize the use of postconsumer
recovered materials in paper and paper
products. EPA's second objective is to
promote paper recycling by increasing
both the usage of postconsumer
recovered materials in paper
manufacturing and the availability of
competitively-priced paper and paper
products containing postconsumer and
other recovered materials.
EPA recognizes that while its
recommendations are meant primarily
for the use of government procuring
agencies, EPA's guidance is widely used
by private sector purchasers, who
represent 95% or more of paper
demand. EPA has found that when its
recommendations for postconsumer
recovered materials content are too
high, paper and paper products
containing these high percentages are
often unavailable to government
agencies and private sector purchasers
or are not consistently available
throughout the U.S. Also, while some
paper and paper products containing
these high percentages of recovered
materials are available, they often are
not price-competitive with other paper
and paper products offered to
government agencies and private sector
purchasers. As a result, overall use of
postconsumer recovered materials may
not be maximized simply by EPA's
recommending high postconsumer
content levels.
Since designating paper and paper
products as procurement items in 1988,
EPA has found that increasing demand
from both public and private sector
purchasers has resulted in greater
recycling of postconsumer recovered
materials than simply increasing
demand from the public sector.
Therefore, in establishing today's draft
content recommendations, EPA sought
to increase the availability to both
government and private purchasers of
reasonably-priced paper and paper
products containing postconsumer
recovered materials. EPA strongly
believes that this approach will
maximize the recycling and use of
postconsumer recovered materials.
Therefore, to meet its twin objectives,
EPA is adopting a different approach
than was used in 1988 to recommend
content levels for paper and paper
products. As explained in more detail
below, EPA is recommending two-part
content levels, consisting of a
postconsumer fiber component and a
recovered fiber component. EPA
believes that the two-part
recommendations will assure that there
is a demand for all recovered materials,
including postconsumer recovered
materials, as well as those generated
during paper converting and printing
operations.
Further, EPA is recommending
content ranges for each component,
whenever appropriate, to encourage
increased purchasing of paper and
paper products containing
postconsumer and recovered fiber
throughout the U.S. EPA believes that
ranges are appropriate for three reasons.
First, Executive Order 12873 directs
EPA to recommend ranges. Second,
while many agencies will continue to
purchase paper products centrally (or
from the General Services
Administration or the Government
Printing Office), local purchases will
increase as a result of recent government
procurement reform, which increases
the small purchase threshold and allows
greater local purchasing using credit
cards. Currently, the postconsumer and
total recovered fiber content of many
paper products varies, as does product
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availability, across the U.S. Procuring
agencies can use the ranges as an
information source in establishing
standards for local purchases.
Third, although EPA's
recommendations are intended for
government purchasing agencies and
their contractors, the Agency is aware
that private sector purchasers refer to
EPA's recommendations when
purchasing paper products. EPA wants
to encourage the continued broad use of
its recommendations to foster greater
demand for products containing
postconsumer and recovered fiber,
which, in turn, will lead to increased
usage of these materials. However, EPA
believes that private sector purchasers
may be able to find paper and paper
products available only at the lower end
of the ranges, because the large
quantities of paper that these purchasers
need will be manufactured mainly by
mills that use only lower levels of
postconsumer and recovered fiber.
There currently are insufficient
quantities of paper and paper products
containing high percentages of
postconsumer and recovered fiber to
meet the demand of both public and
private sector purchasers. By
recommending ranges, EPA is
acknowledging that some purchasers
will be able to buy products that contain
high percentages of postconsumer and
recovered fiber, while others will find
that products are available that contain
lower percentages of these materials.
Others, while not being able to buy
price-competitive products that contain
postconsumer and recovered fiber even
at the low end of the ranges, will
continue to seek such products,
increasing overall demand for recycled
paper products. EPA anticipates that
this increased demand for and purchase
of paper and paper products containing
postconsumer and recovered fiber, even
at the low end of the recommended
ranges, will spur pulp and paper mills
to make additional capital investments
in the equipment and systems needed to
use greater percentages of these fibers
and to produce them at a competitive
price.
Therefore, EPA encourages both
public and private sector purchasers to
establish their minimum content
standards at the highest levels
practicable; if a product is not available
at a competitive price and at a content
level at the high end of the range,
purchasers should set their standards at
the highest levels available to them that
meet their price and performance
objectives, using the recommended
range 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.
Finally, by establishing ranges, EPA is
taking into account the diversity that
exists within the paper industry. The
recommendations recognize that, in
many grades of paper, larger quantities
of paper and paper products are
produced at mills that primarily use
wood-based fiber than at mills that
primarily use recovered and
postconsumer fiber. While it is not
currently economically feasible for these
mills to substitute high percentages of
postconsumer fiber for the wood-based
fiber, it is technically and economically
possible for them tquse lower
percentages of postconsumer and
recovered fiber. EPA believes that
ranges will provide an incentive for all
paper mills to maximize their usage of
postconsumer and recovered fiber. This
will lead to greater availability of
competitively-priced paper and paper
products for both public and private
purchasers. In the long run, this
approach will lead to greater demand
for postconsumer and recovered fiber.
B. The Procurement Guidelines
Development Process
EPA's procurement guidelines are
required by section 6002 of RCRA and
Executive Order 12873. In an April 20,
1994 Federal Register notice, EPA
explained that under Executive Order
12873, the Agency is required to issue
a regulation, known as a Comprehensive
Procurement Guideline (CPG), which
will designate items that procuring
agencies should purchase containing
recovered materials. Executive Order
12873 also directed EPA to issue
guidance documents, known as
Recovered Materials Advisory Notices,
which will contain EPA's
recommendations for purchasing the
designated items. In the April 20,1994
Federal Register, EPA published the
first draft RMAN, which established
eight product categories corresponding
to the categories used in the CPG. One
of these categories, Part A, was reserved
for recommendations for paper and
paper products. See the April 20,1994
Federal Register (59 FR 18852) and
"Draft Paper Products RMAN—
Supporting Analyses" for more detail
about the requirements of RCRA section
6002 and the guidelines development
process.
In today's notice, EPA is announcing
that the draft recommendations for
paper and paper products are available
for public review and comment. EPA's
draft recommendations are found in the
Appendix at the end of this Federal
Register notice. They are arranged in the
RMAN format established by the April
20,1994 Federal Register notice. As
noted above, detailed information
supporting the draft recommendations
are found in "Draft Paper Products
RMAN—Supporting Analyses."
C. Approach to Recovered Materials
Content Recommendations
1. One-Part vs. Two-Part Content Levels
As defined in RCRA section 6002(h),
the term "recovered materials" refers to
materials generated after the end of the
papermaking process. Recovered
materials can be generated by many
sources, including paper mills,
intermediate paper users such as
printers and converters, merchants,
retailers, and the intended end user.
Recovered materials are sometimes
divided into "preconsumer materials,"
which refers to materials that have not
passed through their intended end
usage, and "postconsumer materials,"
which refers to materials that have
passed through their intended end
usage. Minimum content standards can
be expressed as a percentage of
postconsumer materials content, a
percentage of recovered materials (or
total recovered materials) content, or
percentages of both. For example, today,
a common content standard for printing
and writing paper is 50% total
recovered materials, including 10%
postconsumer materials.
In 1988, EPA recommended
postconsumer content levels for
newsprint, tissue products, paperboard,
and packaging; and "waste paper"
content levels for most printing and
writing papers. As defined in the 1988
paper procurement guideline, "waste
paper" includes postconsumer materials
and certain materials generated after the
end of the papermaking process (see 53
FR 23551, June 22,1988).
In response to a 1990 EPA request for
comment (55 FR 40384, October 3,
1990) and an EPA-sponsored 1993
public forum, a group of commenters
suggested that the Agency recommend
two-part content levels consisting of a
"total recovered materials" component
in addition to a postconsumer recovered
materials component. Within this group,
some commenters favor a postconsumer
materials component that is defined
consistently with the postconsumer
definition contained in RCRA section
6002(h). Others favor a broader
component consisting of postconsumer
materials plus certain preconsumer
materials that require deinking or
cleaning, similar to postconsumer
materials, prior to use.
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These commenters argue that two-part
content levels can achieve two goals: (1)
Assure markets for all recovered
materials, regardless of source and (2)
increase demand for postconsumer
materials. Because there is a limited
amount of preconsumer recovered
materials, commenters argue that pulp
and paper mills will need to use greater
percentages of postconsumer materials
in order to meet total recovered
materials requirements in then-
products. According to one commenter's
estimate, the paper industry recovered
and used 87% of available preconsumer
materials (i.e., materials generated by
sources other than the intended end
user of a finished product) in 1990.a
According to the American Forest &
Paper Association (AF&PA), an industry
association, almost all preconsumer
materials are recovered and used when
exports are taken into account.
A second group of commenters
favored a single, strictly postconsumer
standard. These commenters argue that
most preconsumer material is already
recovered, and that the focus for
government procurement should be on
postconsumer paper because it is the
single largest component of municipal
solid waste. They also believe that only
a strictly postconsumer standard will
stimulate markets for materials' collected
by municipal recycling programs.
A third group of commenters argue in
favor of a single, total recovered
materials standard encompassing both
preconsumer and postconsumer
materials. They believe that because
most preconsumer material is already
recovered, virtually all additional
recovered paper will necessarily come
from postconsumer sources.
EPA believes that the two-part
approach is preferable to the
postconsumer-only and total recovered
materials-only approaches because the
two-part approach will result in greater
usage of postconsumer materials. A
single, postconsumer level fails to
acknowledge the continuing
contribution to solid waste management
and the investments made by mills that
have been using all recovered materials,
regardless of source, that require
deinking, cleaning, or processing prior
to use. Additionally, EPA believes that,
because most preconsumer materials are
now being used, total recovered
materials content levels will lead to
1 See the "Final Report on Recycled Paper
Definitions, Standards, Measurement, Labeling
Guidelines, and Buy-Recycled Initiative,"
Addendum E, Recycling Advisory Council,
February 6,1992. EPA placed a copy of the report
in the docket for the Paper Products RMAN. The
report also is available from the National Recycling
Coalition.
higher use of postconsumer materials as
mills seek sufficient materials to meet
the total recovered materials content
levels.
EPA also believes that a broad, single,
total recovered materials content level
will not fulfill the statutory requirement
that government agencies procure paper
products containing the "highest
percentage of postconsumer recovered
materials practicable."
2. Broad vs. Narrow Definition of
"Postconsumer Materials"
Several groups recommended that
EPA broaden the postconsumer
definition to include certain
preconsumer materials that, like
postconsumer materials, require
deinking or contaminant removal prior
to use. These groups state that there is
no reason, from a papermaking
perspective, to separate these materials.
They further state that it is difficult to
distinguish postconsumer and
preconsumer materials and that tracking
of postconsumer materials is not
feasible and extremely costly to
implement.
It is not the intent of RCRA that pulp
and paper mills track every piece of
recovered paper or that mills using
recovered materials incur unnecessary
costs. Under RCRA section 6002,
procuring agencies are required to (1)
obtain certifications that the product
offered to them meets the minimum
content level specified in their
specifications or solicitation documents
and (2) purchase paper products
containing the highest levels of
postconsumer materials practicable.
Procuring agencies are not required to
obtain certifications regarding the exact
amount of postconsumer or recovered
fiber used. For example, if an agency
solicits copier paper containing 20%
postconsumer fiber, bidders must certify
that the product offered contains this
minimum percentage. The product may
occasionally contain higher levels of
postconsumer fiber, but the bidders and
the mills supplying them are not
required to conduct a detailed analysis
in order to determine the exact
percentage of postconsumer fiber in the
product in excess of the 20% minimum.
Some degree of tracking is needed,
however, to identify the postconsumer
materials content of paper and paper
products offered to government agencies
in order (1) to satisfy the RCRA
certification requirement and (2) to meet
the RCRA requirement that paper and
paper products contain the highest
levels of postconsumer materials
practicable. Although it is difficult, in
some instances, to determine whether a
material is pre- or postconsumer,
manufacturers of deinked market pulp
and paper products containing
postconsumer materials are making
market claims about the postconsumer
content of their products. Therefore,
EPA believes that the level of
information in the market is adequate,
and no additional tracking is necessary
for mills to certify that their products
meet EPA's draft recommendations.
EPA notes that, while several groups
also urged the adoption of a broader
postconsumer definition for use in
Executive Order 12873, the Executive
Order contains a postconsumer
definition analogous to the statutory
definition. EPA believes that its
recommendations should be consistent
with Executive Order 12873.
As discussed in detail in the
supporting analyses document, there
have been significant increases in
deinking and processing capacity and
various technology improvements that
make it possible to manufacture
virtually all non-food 2 grades of paper
and paperboard using some percentage
of postconsumer fiber. Thus, EPA
believes that it is not necessary to
expand the definition of postconsumer
materials used in the 1988 procurement
guideline. For these reasons, EPA is
using the statutory definition of
"postconsumer" in today's draft RMAN.
EPA also notes that the type of
postconsumer "material" of concern is
fiber. For most products, the fiber is
derived from wood, but it also can be
derived from textiles or agricultural
products. The availability of such fiber
is limited and has been used primarily
by manufacturers of cotton fiber
printing and writing papers, which
represented less than 1% of printing
and writing papers capacity in 1993.
Recognizing this, EPA will refer to
"postconsumer fiber," rather than to
"postconsumer material." EPA believes
that the statutory definition is broad
enough to encompass postconsumer
fiber derived from textiles and other
non-wood sources.
Thus, the two-part content levels
recommended in today's draft RMAN
will consist of a "recovered fiber"
component and a "postconsumer fiber"
component. These terms are discussed
in section III.B below.
2 Manufacturers of food-grade paper and
paperboard must be able to certify that their
products meet Food and Drug Administration
requirements that the items contain no hazardous
and deleterious substances that can migrate into the
food. While it is technically possible to produce a
food-gra.de product with recovered and/or
postconsumer fiber, the material must be carefully
selected. Limited availability of suitable material
precludes wide-spread use of recovered or
postconsumer fiber in food-grade paper products.
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As part of this approach, EPA will no
longer use the term "waste paper" for
printing and writing papers. EPA prefers
the term "recovered fiber" because the
name reflects the fact that this material
has value. As discussed in section n.B
of this preamble, EPA is adapting the
1988 definition of "waste paper" to
define "recovered fiber."
3. Establishment of Minimum
Recovered Materials Content Levels and
Ranges
a. Content recommendations vs.
minimum content standards. RCRA
section 6002 requires procuring
agencies to purchase paper and paper
products containing the "highest
percentages of postconsumer recovered
materials practicable." EPA stated in the
1988 paper procurement guideline that
the use of minimum content levels
would satisfy this requirement (see 53
FR 23553, June 22,1988).
Under RCRA section 6002(i), it is the
procuring agencies' responsibility to
establish minimum recovered materials
content standards, while EPA provides
recommendations regarding the levels of
recovered materials in the designated
items. To make it clear that EPA does
not establish the specific minimum
content standards used by other
agencies, EPA will no longer refer to its
recommendations as recovered
materials content "standards," as was
done in the 1988 paper procurement
guideline. Instead, EPA will refer to its
recommendations as recovered
materials content "levels," consistent
with RCRA section 6002(e) and
Executive Order 12873.
b. Recommended content ranges.
Executive Order 12873 directs EPA to
present "the range of recovered
materials content levels within which
the designated recycled items are
currently available." In meeting this
provision, EPA will recommend ranges
that (1) reflect the best information
available to the Agency about the use of
postconsumer and other recovered fiber
in the manufacture of a designated item
and (2) encourage manufacturers to use
the maximum amount of postconsumer
and recovered fiber without
compromising competition or product
performance and availability. EPA
recommends that procuring agencies
use these ranges, in conjunction with
their own research into the content of
items available to them, to establish
their minimum content standards. In
some instances, EPA will recommend
one level, rather than a range, because
the item is universally available at that
recommended level. In such cases, EPA
recommends that procuring agencies
use that level in establishing their
minimum content standards.
4. EPA's Methodology for
Recommending Postconsumer and
Recovered Fiber Content Levels
EPA identified and evaluated
pertinent data sources and information
regarding the percentages of
postconsumer and recovered fiber
contained in paper and paper products.
Sources included EPA research,
responses to the 1990 Federal Register
request for comment and the 1993
public forum, procuring agency and
industry data, manufacturers'
information, and other published data.
Based on this information and the
content levels established in Executive
Order 12873, EPA established
recommended levels or ranges of levels
for paper and paper products.
As previously discussed, whenever
feasible, EPA will recommend ranges for
both recovered fiber and postconsumer
fiber content. 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. For many items, this level will be
100% for the recovered fiber component
of the two-part content
recommendations. The high end of each
range will direct procuring agencies
toward those levels that will meet the
statutory requirement to purchase paper
and paper products containing the
highest levels of postconsumer fiber
practicable. Thus, EPA strongly
encourages procuring agencies to
specify and seek paper and paper
products containing both postconsumer
and recovered fiber at levels at or near
the high end of the recommended
ranges if price and performance meet
the procuring agencies' objectives.
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.
These levels could also be met by other
mills if they decide to purchase or
produce pulp made from postconsumer
and recovered fiber. For most items,
these levels will be higher than the
lowest percentage currently in products,
in order to provide an incentive for
paper mills that now primarily use
wood-based fiber or lower levels of
postconsumer or recovered fiber to
increase their use of postconsumer and
recovered fiber in the manufacture of
their products. For example, if the
majority of mills currently use 20%
postconsumer fiber in a writing paper,
but a few mills use 10% postconsumer
fiber, EPA would recommend 20% as
the low end of the range.
In all five major paper and paperboard
grades, there are groups of mills that use
high levels of postconsumer and
recovered fiber and groups of mills that
primarily use wood-based fiber,
sometimes in conjunction with low
percentages of postconsumer and/or
recovered fiber. EPA accounted for this
diversity in establishing the
recommended ranges. As a result, for
some items, there is a broad range for
postconsumer or recovered fiber
content. The high end of these ranges
generally reflects the percentages of
postconsumer and recovered fiber used
by mills that rely on this type of fiber,
while the low end of the ranges reflects
the percentages of postconsumer and
recovered fiber used by mills that rely
primarily on wood-based fiber. For
many items, the low end of the
recovered fiber range is the same
percentage as the low end of the
postconsumer fiber range. In these
instances, all of the recovered fiber used
by these mills is postconsumer fiber.
This means that the item can contain
either all postconsumer fiber (e.g., X%
recovered fiber, all of which is
postconsumer) or blends of recovered
and postconsumer fiber (e.g., 100%
recovered fiber, including Y%
postconsumer fiber) and still fall within
EPA's recommended range.
It is EPA's intention to provide
procuring agencies with the best and
most current information available to
assist them in fulfilling their statutory
obligations under RCRA section 6002.
To do this, EPA will monitor changes in
manufacturing capacity and product
content and the progress made by
procuring agencies in purchasing paper
and paper products with the highest
percentages of postconsumer and
recovered fiber practicable. EPA will
periodically adjust the recommended
content ranges to reflect these changes.
As larger quantities of paper become
available that contain higher levels of
postconsumer and recovered fiber, EPA
will consider increasing the content
levels in its recommendations.
III. Other Issues Addressed in the Draft
Paper Products RMAN
A. Measurement of Recovered Fiber
Content
As procuring agencies implemented
the 1988 designation of paper and paper
products, EPA received inquiries about
measurement of recovered fiber content.
Today, EPA is addressing the two
principal inquiries: (1) Whether
postconsumer and recovered fiber
content should be measured as a
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Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Notices
14187
percentage of fiber weight or total sheet
weight and (2) whether mill broke
generated by a papermaking process that
uses postconsumer or recovered fiber
can be included in content calculations.
In the draft RMAN, EPA recommends
that postconsumer and recovered fiber
content be measured as a percentage of
the weight of the fiber in paper or a
paper product. In addition, EPA wishes
to clarify that mill broke generated by a
papermaking process that uses
postconsumer or recovered fiber can be
included in content calculations, to the
extent that the feedstock contains
materials which would qualify as
postconsumer or recovered fiber. These
issues are discussed in detail in chapter
VI.A of "Draft Paper Products RMAN—
Supporting Analyses."
B. Clarifications and Revisions to
Definitions
Today, EPA also addresses
definitional issues raised by procuring
agencies, mills and other interested
parties since the 1988 paper
procurement guideline was issued.
Specifically, EPA has been asked (1)
whether the definition of
"postconsumer" includes printers' over-
runs, converters' scrap, and/or over-
issue publications, (2) which definition
of "recovered materials" applies to the
content standards established in
Executive Order 12873, and (3) whether
a paper product converted from off-
specification paper or obsolete
inventory contains "recovered
material."
EPA discusses these questions in
detail in chapter VLB of "Draft Paper
Products RMAN—Supporting
Analyses." EPA's responses to the
inquiries are as follows. (1) The
definition of "postconsumer" materials
in RCRA section 6002(h) does not
include printers' over-runs, converters'
scrap, and/or over-issue publications.
(2) Procuring agencies should use the
definition of "recovered fiber" in
today's draft RMAN when purchasing
printing and writing papers in
accordance with the content levels
established in Executive Order 12873.
(3) Because off-specification paper and
obsolete inventory that contain no
recovered fiber do not meet the statutory
definition of "recovered materials,"
products made from these materials
cannot be sold as recycled products.
Materials must be repulped, not just
recovered, in order to count toward
recovered fiber content.
In addition, several commenters
suggested that EPA expand the
definition of "mill broke" and narrow
the definition of "waste paper." In
today's draft RMAN, EPA has expanded
the mill broke definition to include
certain materials that are generated after
the completion of the papermaking
process, including materials generated
in finishing operations. These materials
are commonly re-pulped, sold to others
for pulping, or otherwise used in or
converted to paper products. In
addition, in developing the definition of
"recovered fiber" from the 1988 "waste
paper" definition, EPA has made three
significant changes. First, the definition
found in section A—7 of the draft RMAN
clarifies that materials must be
repulped, not just recovered, in order to
count toward recovered fiber content.
Second, consistent with the revised
definition of "mill broke," the definition
of "recovered fiber" excludes materials
such as obsolete inventory or off-
specification product generated at mills
after the end of the papermaking
process. Third, EPA is clarifying that
forest residues do not count toward
"recovered fiber" content. See chapter
VLB of "Draft Paper Products RMAN—
Supporting Analyses" for a detailed
discussion of the draft definitions of
"mill broke" and "recovered fiber."
C. Revisions to Item Listings
The 1988 paper procurement
guideline contained 24 recommended
minimum content levels. Today's draft
RMAN contains 54 recommended
minimum content levels. In addition to
revised content recommendations, EPA
made the following changes:
• The printing and writing paper
recommendations are no longer limited
to "high grade bleached" papers.
• The draft RMAN uses new
terminology for uncoated printing and
writing papers to better reflect the
terminology currently used by paper
merchants and mills.
• The draft RMAN incorporates the
content levels for uncoated printing and
writing papers established by Executive
Order 12873.
• The draft RMAN includes separate
recommendations for wove and kraft
envelopes, rather than lumping them
into one envelope listing.
• The draft RMAN includes
recommendations for supercalendered
paper, safety paper, coated printing
papers, and bristols.
• The "doilies" listing under the
tissue products subcategory has been
replaced with a "tray liners" listing in
a new Miscellaneous Paper Products
subcategory.
• The "Unbleached packaging" and
"Recycled paperboard" subcategories
have been reorganized into a Paperboard
and Packaging subcategory that contains
recommendations for corrugated
containers, solid fiber boxes, folding
cartons, industrial paperboard,
miscellaneous paperboard products,
carrierboard, and brown papers.
These changes are discussed in detail
in "Draft Paper Products RMAN—
Supporting Analyses."
D. Recyclability
The underlying purpose of RCRA
section 6002 is to use the stimulus of
governmental purchasing to foster
markets for recovered materials.
Therefore, EPA encourages materials
recovery to conserve valuable natural
resources and to provide alternatives to
landf illing and incineration. In order to
achieve both of these objectives, EPA
believes that procuring agencies should
consider the impact of their purchases
on their recyclable materials collection
programs.
Depending on their fiber or other
characteristics, some used paper
products containing recovered materials
may have a wider variety of potential
markets and, therefore, may be easier to
recycle than others. Certain
characteristics can lower the value of
collected used paper or limit its reuse as
a feedstock for new products. Other
characteristics might require
adjuatments in an agency's recyclables
collection program.
For example, "white office paper" is
a highly valued recovered material.
Depending on its market, a "white office
paper" collection program might
exclude other office papers that are
colored, coated, or contain groundwood.
Thus, if a procuring agency decided to
purchase a colored paper or a paper
containing groundwood for use in office
printers and copiers, the agency should
expect that these materials would affect
the office paper collection program if
they are mixed with the white paper.
The agency could find that the used
paper is recyclable, but that (1) its value
is reduced because it is now "mixed
paper" rather than "white office paper,"
or (2) a separate sort is required in order
to maintain the value of the white office
paper. Alternatively, the agency could
find that the mixed paper must be
disposed of because there is no market
for it in the geographic area in which
the agency is located.
Yet other characteristics might make a
paper product more recyclable or
generate less material because the
product is source reduced. For example,
manufacturers may be using less
packaging or reusable packaging,
resulting in less waste.
EPA believes that procuring agencies
should consider these impacts prior to
purchasing paper products containing
recovered materials. Therefore, in
section A-6 of today's draft RMAN, EPA
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Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Notices
is recommending that procuring
agencies consider the effect of their
procurement actions on their used paper
collection programs by assessing the
impact of their decisions on their
overall contribution to the solid waste
stream.
E. Use of EPA's Recommendations
EPA encourages state and local
agencies and private sector purchasers
to use the recommendations in today's
draft RMAN 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 are
above EPA's recommended ranges.
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 con 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.
IV. Request for Comments
EPA requests comment on the content
levels, definitions, and specifications
recommendations found in today's draft
RMAN. In addition, EPA requests
comment or information on the
following issues, which are discussed in
detail in "Draft Paper Products RMAN—
Supporting Analyses:"
Recommendations for Tissue Products
• Do government agencies or their
contractors purchase specialty tissue
products?
• Is postconsumer or other recovered
fiber used in the manufacture of
specialty tissue products and, if so, in
what percentages?
• Can manufacturers of consumer
paper napkins and consumer facial
tissues that primarily use wood-based
fiber produce these items using a
minimum of 30% and 20%
postconsumer fiber, respectively? If not,
what levels of postconsumer fiber can
be used in these items?
• Can manufacturers of consumer
paper napkins and consumer facial
tissues use a range of recovered fiber
from 30-100% and 20-100%,
respectively?
• Are tray liners available containing
percentages of recovered fiber,
including postconsumer fiber, other
than 100% recovered fiber, including
75% postconsumer fiber?
• Can postconsumer fiber be used in
tray liners and meet Food and Drug
Administration (FDA) restrictions on
migration of contaminants into food?
Recommendations for Paperboard and
Packaging Products
• Is recovered fiber other than
postconsumer fiber used in the
manufacture of corrugated containers?
• Are corrugated containers rated at
300 psi or greater available containing
more than 30% postconsumer fiber?
• Will the recent increased demand
for OCC affect the ability of
manufacturers to meet the
recommended content levels for
corrugated containers?
• Will the imminent availability of
additional capacity to make linerboard
containing 100% recovered fiber allow
manufacturers to exceed the high end of
the ranges of recommended content
levels for corrugated containers?
• Are there differences in the
postconsumer fiber content currently
used in coated and uncoated folding
cartons?
• Should recommendations for coated
and uncoated folding cartons be listed
separately because of the differences in
their ability to incorporate
postconsumer fiber content?
• Will the recent increased demand
for OCC affect the availability of folding
cartons containing higher percentages of
postconsumer fiber?
• Should EPA recommend different
content levels for the various industrial
paperboard products, based on the
specific application(s) for those
products?
• Should EPA recommend different
postconsumer ranges for coated and
uncoated miscellaneous paperboard
products, and should there should be
different content recommendations
based on the specific application(s) of
the products?
• Are percentages of postconsumer
fiber greater than 15% used in padded
mailers? What percentages of recovered
fiber other than postconsumer fiber are
used in padded mailers?
• Are there different performance
characteristics of the two different types
of carrierboard (solid unbleached sulfate
and recycled paperboard) that would
require listing them separately in the
final RMAN?
• Is postconsumer or other recovered
fiber used in solid bleached sulfate
paperboard products, in general, and in
food grade items in particular?
• Do procuring agencies purchase
solid bleached sulfate paperboard
products, either directly or indirectly? If
yes, to what extent?
• Should EPA recommend content
levels for solid bleached sulfate
paperboard products?
Recommendations for Printing and
Writing Papers
• Do state agency requirements for
the paper used to print state checks
differ from federal or commercial check
specifications and if so, how? What is
the availability of safety paper
containing recovered and postconsumer
fiber that meets state agency
requirements?
• What is the performance and
availability of greeting card stock
containing higher percentages of
postconsumer fiber?
Dated: March 8,1995.
Elliott P. Laws,
Assistant Administrator, Office of Solid Waste
and Emergency Response.
Appendix—Draft Paper Products
Recovered Materials Advisory Notice
Contents
Part A—Paper and Paper Products
Section A-l—Printing and Writing Papers
Section A-2—Newsprint
Section A-3—Sanitary Tissue Products
Section A-4—Paperboard and Packaging
Section A-5—Miscellaneous Paper
Products
Section A-6—Other Recommendations for
Paper and Paper Products
Section A-7—Definitions
Appendix A-l.—Example Calculation of
Postconsumer Fiber Content of a
Corrugated Container
Part A—Paper and Paper Products
Section A-l—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-la, A-lb, and A-lc. Percentages are based
on the fiber weight of the product.
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Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Notices 14189
TABLE A-IA.—RECOMMENDED RECOVERED FIBER CONTENT LEVELS FOR UNCOATED PRINTING AND WRITING PAPERS
Item
i
Reprographic Paper (e.g., mimeo and duplicator paper, high-speed copier paper, and bond paper*)
Offset Paper (e.g., offset printing paper*, book paper*, bond paper*)
Tablet Paper (e.g., office paper such as note pads, stationery* and other writing* papers)
Forms Bond (e.g., forms, computer printout paper, ledger*)
Envelope Paper: ,
Wove
Kraft: ;
White and colored (including manila)
Unbleached
Cotton Fiber Paper (e.g., cotton fiber papers, ledger*, stationery* and matching envelopes, and other writinq* ca-
pers)
Text & Cover Paper (e.g., cover stock, book paper*, stationery* and matching envelopes, and other writina*
paper)
Supercalendered
Check Safety Paper
Recovered
fiber (per-
cent)
20
20
20
20
in— °n
10
cr\
*=n
in
10
Postconsumer
fiber (percent)
20
on
20
on
£()
£\J
10
"These items can be made from a variety of printing and writing papers, depending on the performance characteristics of the item Some of
!o?J?v£ers a'e H cfromod'ty-type an4d so|™ are specialty papers. EPA recommends that procuring agencies determine the performance charac-
teristics required of the paper prior to establishing minimum content standards. For example, bond, ledger, or stationery made from cotton fiber
paper or a text and cover paper have different characteristics than similar items made from commodity papers.
TABLE A-lb.—RECOMMENDED RECOVERED FIBER CONTENT LEVELS FOR COATED PRINTING AND WRITING PAPERS
Item :
Coated Printing Paper
Carbonless
Recovered
fiber (per-
cent)
m
20
Postconsumer
fiber (percent)
20
TABLE A-1c.—RECOMMENDED RECOVERED FIBER CONTENT LEVELS FOR BRISTOLS
Item
File Folders (manila and colored)
Dyed Filing Products
Cards (index, postal, and other, including index sheets) .
Pressboard Report Covers and Binders
Tags and Tickets
Recovered
fiber (per-
cent)
on
9n_An
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Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Notices
TABLE A-3— RECOMMENDED RECOVERED FIBER CONTENT LEVELS FOR TISSUE PRODUCTS
Item
Bathroom tissue:
Paper towels:
Paper napkins:
Facial tissue:
Industrial wipers
Recovered
fiber (per-
cent)
100
20-100
100
20-100
100
100
40-100
Postconsumer
fiber (percent)
25-60
20-60
40-60
20-60
30-60
30
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.
TABLE A-4.—RECOMMENDED RECOVERED FIBER CONTENT LEVELS FOR PAPERBOARD AND PACKAGING PRODUCTS
Item
Corrugated containers:*
/*-^nn n
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Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Notices
14191
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" "Recovered fiber"
means the following materials:
(1) Postconsumer fiber such as:
(A) 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
(B) All paper, paperboard, and fibrous
wastes that enter and are collected from
municipal solid "waste.
(2) Fiber derived from printing and
converting operations, excluding any
paper generated in a paper mill prior to
the completion of the paper
manufacturing process. "Recovered
fiber" includes repulped fiber from dry
paper scrap generated after the paper
machine reel has been rewound and/or
cut into smaller rolls or rough sheets,
including but not limited to:
(A) Envelope cuttings, finishing trim,
bindery trimmings, and other paper and
paperboard resulting from printing,
cutting, forming, and other converting
operations; and bag, box, and carton
manufacturing wastes; and
(B) Repulped finished paper and
paperboard from obsolete inventories of
paper merchants, wholesalers, dealers,
printers, converters, or consumers.
"Mill broke" means any paper or
paperboard scrap generated in a mill
prior to completion of the papermaking
process and/or specific materials
generated during finishing operations
that occur after the end of the
papermaking process. It includes the
following materials, whether generated
prior to or after the completion of the
papermaking process: paper machine
trim, offgrade or off-specification rolls
(also referred to as rejected, unused
stock), culls, stub rolls, side rolls, end
rolls, and obsolete inventories of paper
and paperboard. Although mill broke is
occasionally sold from one mill to
another, such a sale does not alter its
classification or exclusion from the
definition of "recovered fiber."
Appendix A-l.—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).
i
Linertward #1
Medium
LinertxDard #2
Combined Board Weight ..
Board basis
weight (Ibs/MSF)
42x1 .00-42.0
26x1.44=37.4
42x1 .00-42.0
121. 4 Ibs/MSF
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: .35x.20=.07x2=.14 (or 14%)
Medium: .30x.80=.24 (or 24%)
Total postconsumer fiber: .14+.24=.38
(or 38%)
[FR Doc. 95-6407 Filed 3-14-95; 8:45 am]
BILLING CODE 6560-60-P
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