Wednesday
May 29, 1996
Part IV
Environmental
Protection Agency
Paper Products Recovered Materials
Advisory Notice
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Federal Register / Vol. 61, No. 104 / Wednesday, May 29, 1996 / Notices
ENVIRONMENTAL PROTECTION
AGENCY
[SWH-FRL-5510-4-/EPA530-Z-36-005]
Paper Products Recovered Materials
Advisory Notice
AGENCY: U.S. Environmental Protection
Agency.
ACTION: Notice of availability of Final
document.
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
IT. 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
m. 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 "F_inal
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)(l)'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
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26987
Is more costly to track postconsumer
materials.
EPA previously discussed these
arguments in the preamble to the draft
Paper RMAN (60 FR14185, 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)(l), 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
60020)) 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
\vastestreamaftercollection. 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
G002(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)(l). 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
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Federal Register / Vol. 61, No. 104 / Wednesday, May 29, 1996 / Notices
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
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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
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Executive Order now establishes a 20%
postconsumer content level for all of the
named printing and writing papers. EPA
has revised Table A-la 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, ExParte 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, ExParte 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 US. 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.
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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-l—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-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. The content
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Federal Register / Vol. 61, No. 104 / Wednesday, May 29, 1996 / Notices
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 recommending that agencies establish
same in both columns (e.g., 20% in both identical content levels for both
the recovered fiber and postconsumer postconsumer and recovered fiber.
fiber columns), this means that EPA is
TABLE A-1A.— RECOMMENDED RECOVERED FIBER CONTENT LEVELS FOR UNCOATED PRINTING AND WRITING PAPERS
Item
Reprographic Paper (e.g., mimeo ana duplicator paper, nign-speea oupiei pa^ci, emu uuuu ya^,/
Onset Paper (e.g., onset pruning paper,1 BOOK paper , ounu papci / ;•."••"• •
Forms Bond (e.g., fomis, computer printout paper, ledger)
Envelope Paper:
\AkUA
Kraft
Cotton Fiber Paper (e.g., cotton 'fiber papers, iedger,1 stationery 1 and matching envelopes, and other writing < pa-
Toxt & Cover Paper (e.g., cover stock, 'book paper1, stationery1 and matching envelopes, and other writing 1
paper)
Supercalendered
Papetertes
Check Safety Paper
Recovered
fiber
(%)
20
20
20
20
20
10-20
10
20
20
10
10
20
10
Postconsumer
fiber
_ (%)
20
20
20
20
20
10-20
10
20
20
10
10
20
10
the
Hems can be made from a variety of printing and writing papers, 1*.=,,=,•«••.» » - ,--.. T—•—•—-•—•-— i" "*_--^,u-,r-,^
a commodihr-type and some are specialty papers. EPA recommends that procunng agencies determine the performance charac-
rereucs .«».dd oTSrpapefpriorto establishing minimum Went standards. For example, bond, ledger, or statonery made from cotton fiber
paperor 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
Item
Carbonless
Recovered
fiber
10
20
Postconsumer
fiber
10
20
TABLE A-1C.—RECOMMENDED RECOVERED FIBER CONTENT LEVELS FOR BRISTOLS
Item
Tags and Tickets
Recovered
fiber
(%)
20
20-50
50
50
20-50
Postconsumer
fiber
(%)
20
20
20
20
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
Item
Newsprint
Recovered
fiber
(%)
20-100
Postconsumer
fiber
(%)
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
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26992
Federal Register / Vol. 61, No. 104 / Wednesday, May 29. 1996 / Notices
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
Item
Bathroom tissue ..
Paper towels
Paper napkins
Facial tissue
General purpose industrial wipers
Recovered
fiber
(%)
20—100
40-100
•5n_inn
10—100
40-100
Postconsumer
fiber
- (%)
on fin
Art fin
•an—fin
10—1^
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
Item
Corrugated containers: 1
(OOOpsi)
(300 psi) j
Solid Fiber Boxes
Folding cartons2
Industrial paperboard (e.g., tubes, cores, drums, and cans)
Miscellaneous (e.g., pad backs, covered binders, book covers, mailing tubes, protective packaging)
Padded mailers
Carrierboard3
Brown papers (e.g., wrapping paper and bags)
Recovered
fiber
(%)
25—50
25—30
40
100
100
90-100
5—15
in_inn
5-40
Postconsumer
fiber
(%)
OE_ Crt
9C_/an
4O
40—80
45—100
75-100
*v_1^
m_- 1^
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.
2The 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 carrier-board made from recycled paperboard contains UD
to 100% recovered fiber. K
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
Item
Tray liners
Recovered
fiber
100
Postconsumer
fiber
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
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Federal Register / Vol. 61, No. 104 / Wednesday, May 29, 1996 / Notices
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-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).
BOARD BASIS WEIGHT
Linerboard #1 : 42 x 1 .00 =
Medium' 26 x 1 44 =
Linerboard #2: 42 x 1 .00 =
Combined Board Weight
Ibs/MSF
42.0
37.4
42.0
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
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