I 003
part, entry into this zone is prohibited
unless authorized by the Captain of the
Port or his on scene representatives.
Dated: September 19,1990.
H. Brace Dickey,
Captain, U.S. Coast Guard, Captain of the Port
Long Island Sound.
[FR Doc. 90-23299 Filed 10-2-90; 8:45 am]
BILLING CODE 4910-14-M
40384 Federal Register / Vol. 55. No. 192 / Wednesday, October 3, 1990 / Rules and Regulations
Drafting Information
The drafters of this regulation are LT
David D. Skewes, project officer for
Captain of the Port Long Island Sound,
and LT Korroch, project attorney, First
Coast Guard District Legal Office.
Discussion of Regulation
The event requiring this regulation is a
fireworks display in the navigable
waters of the United States. This Safety
Zone is needed to protect any transiting
commercial or recreational marine
traffic from the possible hazards
associated with the fireworks display.
This regulation is issued pursuant to
U.S.C. 1225 and 1231 as set out in the
authority citation for all of part 165.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation
(water), Security measures, Vessels,
Waterways.
Regulation
In consideration of the foregoing,
subpart C of part 165 of title 33, Code of
Federal Regulations, is amended as
follows:
PART 165—[AMENDED]
1. The authority citation for part 165
continues to read as follows:
Authority: 33 U.S.C. 1225 and 1231; 50
U.S.C. 191; 49 CFR 1.46 and 33 CFR 1.05-l(g),
6.04-1, 6.04-6, and 160-5.
2. A new § 185.T1172 is added to read
as follows:
§165.11172 Safety Zone: Americas Cup
Restaurant Octoberfest Fireworks Display.
(a) Location. The following area is a
safety zone: All waters within a 500 ft
radius around the fireworks launching
platform approximately 500 ft offshore
and directly adjacent to the Americas
Cup Restaurant on the Connecticut
River in Middletown, CT. The launching
platform will be moved into and then
anchored in the channel at < •-• '
approximately 6 p.m., between
Connecticut River Buoys N"92" to the
North and N"90" to the South. The main
channel of the river will be closed to all
marine traffic from 9:15 p.m. to until the
completion of the display at
approximately 10 p.m.
(b) Effective date. This regulation
becomes effective on October 13,1990 at
9:15 p.m. approximately 15 minutes prior
to the display. It terminates upon
completion of the display at
approximately 10 p.m. October 13,1990,
unless terminated sooner by the Captain
of the Port. Rain date will be 14 October
1990 at the same times.
(c) Regulations: In accordance with
the general regulations in § 165.23 of this
ENVIRONMENTAL PROTECTION
AGENCY .
40 CFR Parts 248,249,250,252, and
253
[FRL-3838-6]
Guidelines for Federal Procurement of
Products Containing Recovered
Materials
AGENCY: Environmental Protection
Agency.
ACTION: Guidelines, request for
comments.
SUMMARY: The Environmental Protection
Agency (EPA) has issued a series of
guidelines designed to encourage the use
of products containing materials
recovered from solid waste. Section 6002
of the Solid Waste Disposal Act, as
amended by the Resource Conservation
and Recovery Act of 1976 (RCRA or the
Act), as amended, 42 U.S.C. 6962, states
that if a procuring agency purchases
certain designated items, such items
must be composed of the highest
percentage of recovered materials
practicable. EPA is required to designate
these items and to prepare guidelines to
assist procuring agencies in complying
with the requirement of Section 6002.
EPA issued tiie first of these
guidelines, for cement and concrete
containing fly ash, on January 28,1983
(48 FR 4230; 40 CFR part 249). EPA
issued a final guideline for paper and
paper products containing recovered
materials on June 22,1988 (53 FR 23546;
40 CFR part 250), a final guideline for
lubricating oils containing re-refined oil
on June 30,1988 (53 FR 24899; 40 CFR
part 252), a final guideline for retread
tires on November 17,1988 (53 FR 48558;
40 CFR part 253), and a final guideline
for building insulation products on
February 17,1989 (54 FR 7328; 40 CFR
part 248).
As procuring agencies have
implemented these guidelines, a number
of issues have arisen and been
identified by EPA. Some issues affect all
of the guidelines; other issues affect only
specific guidelines. EPA will from time
to time publish Federal Register notices
addressing such issues, as well as
revisions to the existing guidelines or
proposing new guidelines.
Today's notice addresses three issues. •
The first issue concerns a process for
expediting EPA assistance to procuring
>' agencies. The second issue concerns
possible broad changes EPA is
examining for printing and writing
papers under the paper procurement
guideline. EPA is requesting public
' comment on this second issue. The third
issue concerns advice recently provided
by EPA to procuring agencies in the case
of a specific recovered material under
the paper procurement guideline.
DATES: EPA urges interested parties to
comment in writing on the questions
identified in the second issue addressed
in today's notice. The deadline for
submitting written comments is
December 3,1990. The public must send
on original and two copies of their
comments to the RCRA Docket at the
address below. Place docket number
"F-90-PGPP-FFFFF" on all comments.
ADDRESSES: The RCRA docket for this
notice is Ideated in Room 2427
(Mailcode OS-305) of the U.S. EPA, 401
M Street SW., Washington, DC 20460,
and is available for viewing from 9 a.m.
to 4 p.m., Monday through Friday,
excluding Federal holidays. Call (202)
475-9327 for appointments. The public
may copy materials from any docket at
a cost of $0.15 per page. The reference
number for this docket is "F-90-PGPP-
FFFFF.
FOR FURTHER INFORMATION CONTACT:
EPA Procurement Hotline at (703) 941-
4452 or Richard Braddock, U.S. EPA,
Municipal Solid Waste Program,
Mailcode OS-301,401M Street, SW.,
Washington, DC 20460, telephone: (202)
382-2780.
SUPPLEMENTARY INFORMATION:
Notice Outline
I. Introduction.
n. Issue (1): EPA Procedure for assisting
procuring agencies.
A. Responsibilities under Section 6002 of
RCRA.
B. Implementation of Section 6002 of
RCRA.
C. Actual examples of the EPA procedure.
III. Issue [2): EPA investigation of broad
changes in the minimum content
standards for high grade printing and
writing papers.
A. Background.
B. Inclusion of postconsumer content in
high grade printing and writing papers.
C. Inclusion of deinked waste paper
content in high grade printing and writing
papers. -
D. Phase-in of postconsumer or deinked
waste paper content in high grade ;
printing and writing papers.
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Federal Register / Vol. 55, No. 192 / Wednesday, October 3, 1990 / Rules and Regulations 40365
E. Investigation of revised mill broke
definition.
F. Summary of request for comment
IV. Issue (3): Including certain preeonsnmer
recovered materials in procuring
agencies'minimum content standard*.
A. Background.
B. Preconsumer recovered material used by
a specialized technology.
C. Federal procurement of preconsumer
recovered material used by a specialized
technology.
I. Introduction
The Environmental Protection Agency
(EPA) today is addressing three issues
pertaining to section 6002 of the
Resource Conservation and Recovery
Act (RCRA) as amended, 42 U.S.G. 6962.
In general terms, section 6002 requires
each procuring agency subject to the
statute to procure certain items of
composed of the highest percentage of
recovered materials practicable. EPA is
responsible for preparing guidelines to
assist procuring agencies in meeting the
statutory requirements and to provide
information on recovered materials.
These guidelines must designate items
that can be produced with recovered
materials and whose procurement will
carry out the objectives of section 6002.
Issue (1) applies to all procurement
guidelines issued by EPA and clarifies
procedures for implementing section
6002 of RCRA. EPA has adopted a new
process, which is described m this
notice, for providing information and
advice to procuring agencies in carrying
out their responsibilities. This process
modification is being implemented to
expedite government response to market
developments for products containing
recovered materials.
Issue (2) concerns the Guideline for
Federal Procurement of Paper and. Paper
Products Containing Recovered
Materials (53- FR 23546; 40 CFR part 250),
published on June 22,1988. EPA is
examining broad changes to the
minimum content standards for high
grade printing and writing papers.
Specifically, EPA is investigating
changes to the "waste paper" definition,
including the possible addition of a
recommended percentage for
postconsumer content in high grade
printing and writing papers. EPA is
soliciting public comment on these
possible changes.
Issue (3) also concerns the paper
procurement guideline. EPA recently
advised two Federal procuring agencies
that it wpuld be appropriate to include
sawdust, used by Lincoln Pulp and
Paper Co. and Eastern Fine Paper, Inc. hi
Maine, in their minimum content
standards for high grade printing and
writing paper. This notice explains
EPA'a view that in this case, the
sawdust is recovered for use in the
manufacture of paper by means of a
specialized technology (i.e., it is not
used in the paper making process as
standard practice). Also, in this case, the
sawdust does not have viable
alternative uses, and its recovery
provides specific environmental
benefits.
H. Issue (1): EPA Procedure for Assisting
Procuring Agencies.
EPA has examined a number of
approaches to assist the large array of
procuring agencies in implementing the
procurement guidelines, especially given
the dynamic nature of technologies and
products utilizing recovered materials.
In examining this issue, EPA reviewed
its statutory role and responsibilities
and that of procuring agencies
implementing section 6002 of RCRA.
A, Responsibilities Under Section 6002
of RCRA
Section 6002 of RCRA assigns specific
responsibilities to the EPA, the Office of
Federal Procurement Policy (OFPP),
Federal specification-writing agencies,
and individual procuring agencies. Brief
summaries of the assigned
responsibilities follow:
EPA is responsible for preparing
guidelines for use by procuring agencies
in fulfilling their responsibilities under
the Act. The guidelines are published in
the Federal Register and serve three
purposes. First, they designate items
produced with recovered materials for
which a Federal procurement guideline
is appropriate. EPA selects procurement
items based on the following four
criteria:
(1) The waste material must constitute
a significant solid waste management
problem due either to volume, degree of
hazard, or difficulties in disposal;
(2) Economic methods of separation
and recovery must exist;
(3) The material must have technically
proven uses; and
(4) The Federal government's ability
to affect purchasing or use of the final
product or recovered material must be
substantial.
Second, the guidelines provide
product information concerning
availability and performance of
products produced with recovered
materials. Third, the guidelines set forth
recommended procurement practices to
aid agencies in procuring products made
with recovered materials including,
where appropriate, recommended levels
of recovered materials to be contained
in the procured product. To date. EPA
has completed guidelines for five
procurement items: paper and paper
products, re-refined oil, retread tires,
building insulation materials, and
cement and concrete containing fly ash.
Within one year of the publication of
am EPA guideline, procuring agencies
must assure that specifications for the
items covered by tile guideline require
the use of recovered materials to the
maximum extent possible without
jeopardizing the intended end use of the
designated items. In addition, procuring,
'agencies must develop an affirmative
procurement program for procuring the
designated items. The program must
assure that items composed of recovered
materials will be purchased to the
maximum extent practicable; the
program must be consistent with.
applicable provisions of Federal
procurement law; and the program must
contain at least the following four
elements:
(1) A recovered materials preference
program;
(2) An agency promotion program;
(3) A program for requiring estimates,
certification, end verification of
recovered material content; and
(4) Annual review and monitoring of
the effectiveness of the procurement
program.
By May 8,1986, Federal specification-
writing agencies were to have reviewed
and revised their procurement
specifications in order to eliminate
exclusions of recovered materials and
requirements that items be
manufactured from virgin materials.
OFPP is responsible for implementing
the requirements of section 6002 of
RCRA. OFPP must coordinate policy
contained m section 6002 wife other
policies on Federal procurement in such
a way as to maximize the use of
recovered materials. Every two years,
beginning in 1984, OFPP is to report to
the Congress on' actions taken by
Federal agencies to implement Section
6002. OFPP has issued reports covering
1984/1985,1986/1887, and 1988/1990.
B. Implementation of Section CQQZaf
RCRA
Once a procurement guideline is
issued, responsibility for complying with
Section 8002 rests with the procuring
agencies. Under RCRA Section 6002, it is
the responsibility of all procuring
agencies to. monitor and procure
guideline items containing the highest
quantity of recovered materials
practicable. EPA's published
recommendations on procurement
practices are a first step for procuring
agencies, but, as the statute indicates,
they are recommended practices, not
strict requirements. Procuring agencies
are responsible for revising their
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40386
Federal Register / Vol. 55. No. 192 / Wednesday. Qctober^3-^g° ^ul^s a^d Regulations
programs as needed to achieve the
statutory goal.
RCRA section 6002 does not give EPA
explicit implementation responsibilities
after it issues a guideline, other than
revising the guideline from time to time.
Revising a guideline and publishing it in
the Federal Register, however, often
takes up to two years. Therefore, in
addition to guideline revisions, EPA has
adopted a process for providing
information and advice to procuring
agencies in carrying out their
responsibilities.
The following on-going activities have
been implemented to assist procuring
agencies:
• EPA set up a Procurement
Guidelines Hotline at (703) 941-4452.
The hotline distributes information and
answers questions on the guidelines and
distributes lists of manufacturers and
distributors of guideline items. Also,
through the hotline, EPA collects market
information on the manufacture and
availability of guideline items.
• EPA monitors and helps resolve
guideline implementation problems by
tracking questions that come into the ,
hotline and by working with
representatives of various Federal
procuring agencies.
• EPA publicizes the guidelines
through speeches at conferences,
articles in various trade magazines,
meetings, with affected agenues,
manufacturers and vendors, and the
distribution of descriptive materials.
• EPA is planning a series of regional
workshops for 1991 and 1992 to educate
Federal and state procuring agencies on
the guidelines. EPA is also providing
grants to local government organizations
to conduct procurement workshops.
In addition to the above activities,
EPA has initiated a new process to help
communicate current knowledge about .
guideline items to Federal procuring
agencies and assist them in meeting
their responsibilitieb under section 6002.
The process consists of numbered
memoranda called Procurement
Guideline Advisories fPGA's) which are
distributed to procuring agencies to'
inform them of changes in the market for
a particular guideline Item. These
memoranda can be referenced by
procuring agencies as they revise and - ,
update their affirmative procurement
programs. Periodically, EPA may-
propose changes to the guidelines to
reflect these and other modifications to
EPA's recommendations for affirmative
procurement programs.
As an example of the above process,
EPA might conclude that the
recommended rr>'"
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Federal Register / Vol. 55, No. 192 / Wednesday, October"3,19QQ / RulesPand Regulations ' 4
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40380 Federal Register / Vol. 55, No. 192 / Wednesday, October 3.1990 / Rules and Regulations
content can meet performance
specifications. EPA is interested in
obtaining iafonnation addressing these
criteria for mil of the above papers
Including paper for high speed copiers
and form bead, which includes
computer paper and carbonless.
C. Inclusion of Deinked Waste Paper
Content in High Grade Printing and
WdtargPapers
It may be possible that use of any
minjaxom percentage -of postconsumer
content will caoss extreme restrictions
on availability and competition over the
next several years. Anticipating such
restrictions, EPA is considering
recommending demked waste paper
standard* in place of post consumer
content standards for printing and
writing papers. An alternative is to
adopt * demked waste paper standard
A delinked waste paper standard would
include all postconsomer recovered
materials and printed preconsumer
waste paper. Printed preconsumer waste
paper tactadea such materials as
printer's overraas, misprints and unsold
stock, and untold magazines or
newsprint,
A deinked waste paper standard
would include only recovered materials
which typically must be deinked before
being converted into pulp for printing
and writing papers. Therefore, this
category of recovered materials can help
stimulate the investment in deraking
capacity required before the use of
postconsttxnor recovered materials can
expand. Also, because some categories
of deinked waste paper are readily
available to paper manufacturers, paper
meeting a mintmnm deinked waste
paper content standard may be
available sooner than paper.meeting a
strict postconsumer content standard.
If it decides to recommend a deinked
waste paper standard, EPA will
consider adopting a combination: of,
"waste paper" content and deinked
waste paper content For example, EPA
' might choose to recommend minimum
content standards of 45% "waste paper"
content and 59S deinked waste paper
content. EPA is interested in receiving.
information on. whether or cot such an
approach is feasible, given the current
supply of printing and writing papers
with deinked waste paper content, and,
if so, what percentages of "waste paper"
content and deinked waste paper
content EPA should recommend for
various high grade printing and writing
papers. Comments should also address
how ihess percentages will affect price.
availebl&ty, competition and
perfbooance of the final product.
D. Phase-in of Postconsumer or Deinked
, Waste Paper Content in High Grade
Printing and Writing Papers
It may not be possible, at this time, to
recommend either postconsumer or
deinked waste paper minimum content
standards for printing and writing
papers. In that case, EPA might consider
a phased-in approach. Such an approach
could recommend mat procuring
agencies begin using a specified
percentage of postconsumer or deinked
waste paper content in their minimum
content standards at some future point
in time. This future point in time would
be set to allow for capital investments in
deinking equipment. The purpose of
phasing in the standards would be to
help assure paper manufacturers
considering investment in deinking
equipment that a market for their
products will exist
EPA is asking for comment on the
positive or negative aspects a phased-in
approach would have on the market for
paper products with postconsomer or
deinked content If EPA chooses such an
approach, then what are reasonable
percentages of postconsumer or deinked
waste paper content to recommend and
what is a reasonable point in the future
to recommend that the percentages take
effect?
E. Investigation of Revised Mill Broke
Definition
EPA'a "waste paper" definition
excludes mill broke, which is defined as
any paper waste generated before
completion of the papennaking process.
According to RCRA Section 6002, this
means any paper waste generated
during "those manufacturing operations
up to and including the cutting and
trimming of the paper machine reel into
smaller rolls or rough sheets" (40 CFR
252.4[ss)(2Ki».
Since the paper guideline went into
effect on June 22,1989, EPA has received
a number of inquiries concerning the
mill broke definition. These inquiries
point out that die definition is not
always dear in how it applies-to the
actual paper making process. Also, EPA
received information suggesting that
paper mills are able to satisfy the
current 50% "waste paper" miiaimiim
content standards by using paper waste
generated completely in-house but
which is not mill broke under the
present definition.
The information suggests that paper
mills may save paper waste generated
after cutting and trimming of the paper
machine reel into smaller rolls until
enough paper waste is. available to •
satisfy a 50 percent "waste paper"
•minimum contest standard. The mills
can then use .this accumulated paper
waste to manufacture a paper batch
meeting the guideline's minimum
content standards. This practice of using
only in-house paper waste dees not
divert waste from landfills and does not
stimulate demand in the waste paper
markets in order to indirectly promote
the use of postconsumer recovered
materials. EPA believes that although
this practice may qualify under the
guideline, it is not consistent with the
intent of the guideline. Therefore, EPA is
interested in receiving information on
whether or not this is actually
happening. If it is, how can EPA
restructure the mill broke definition to
prevent the practice?
F. Summary of Request for Comment
EPA is asking for information
concerning postconsumer content and/
or deinked waste paper content in high
grade printing and writing papers.
Information and comments should
address how content percentages will
affect price, availability, competition
and performance of the final product.
EPA is asking for comment on the
positive or negative aspects of a phased-
in approach on the market for paper
products with either postconsumer or
deinked waste paper content EPA is
also interested in receiving information
on whether or not paper mills are able to
meet the guideline requirements by
using paper waste generated completely
in-house. If they are, how can EPA
restructure the mill broke definition to
prevent the practice? '
On issues raised about postconsumer
and/or deinked waste paper content
standards, EPA is particularly interested
in hearing from paper manufacturers
who produce printing and writing papers
using either postconsumer recovered
materials or deinked waste paper. EPA
is also interested in learning about the
experiences of state and local
procurement programs using "
postconsumer or deinked waste paper
minimum content standards. On the
issues raised about the mill broke
definition, EPA is particularly interested
to hear from state and local procurement
agencies that use mill broke definitions
which differ from EPA's.
IV. Issue (3): Including Certain
Preconsumer Recovered Materials in
Procuring Agencies' Mhiimusn Content
Standards .
A. Background
The Hazardous and Solid Waste
Amendments of 1984 amended section
8002 of RCRA to require that/in the case
of paper, the EPA guideline would
-------
Federal Register./. Vol. 55, No. 192 /Wednesday, October 3,;l990 / Rules and Regulations;;
maximize'the use of postconsumer
recovered material. Congressman
Wyden,in the Congressional debates
preceding adoption of this amendment,
stated the following (129 Cong. Rec.
H9160 (daily ed.) Nov. 3,1983):
•: The GSA two-part definition [of recycled.
paper] recognizes the difference between .
poatconsumer recovered materials—the
materials headed for our Nation's landfills—
and the pulp and paper industry
manufacturing wastes and forest residues
which are often used in the papennaking
process as standard practice, or have
alternative uses if they are not recovered for
the papennaking process.
In other words, HSWA focuses on
promoting the use of postconsumer
recovered materials through the paper
guideline because these materials
typically head for landfills.
As stated in section HI of this Federal
Register notice, EPA found that it was
not advisable to recommend exclusively
postconsumer minimum content
standards for printing and writing
papers at the time that the paper
guideline was issued. Thus, EPA
recommended "waste paper" minimmh
content standards, which include all
postconsumer recovered materials as
defined in RCRA section 8002(h)(l), plus
the following preconsumer waste paper
categories: (1) Dry paper and
paperboard waste generated after
completion of the papennaking process
and, (2) Finished paper and paperboard
from obsolete inventories of paper and
paperboard manufacturers, merchants,
wholesalers, dealers, printers,
converters or others.
B. Preconsumer Recovered Material
Used in a Specialized Technology
Since issuing the paper guideline, EPA
learned of a situation in which a
specialized papennaking technology
uses waste sawdust in the manufacture
of printing and writing papers. Lincoln
Pulp and Paper Co., in Maine, employs a
specialized pulping technology for
recovering sawdust from sawmills. This
process converts to a beneficial use a
waste which is otherwise typically
disposed of on land. Lincoln's pulp is
then used by Eastern Fine Paper, Inc.,
also in Maine, to manufacture fine
printing and writing papers.
Presently, Maine does not appear to
have viable alternative markets for
sawdust Based on correspondence '
received by EPA from the Maine
Department of Environmental-Protection
(DEP), sawdust generated in central and
northern Maine which is not converted
into paper pulp presents a solid waste
problem. It is either piled or landfilled,
presenting a run-off or leachate problem,
or less frequently burned. Burning small
particle sized sawdust'in combustion
devices typical of Maine presents an air
pollution problem, according to the
Maine DEP.
Sawdust is excluded from the "waste
paper" definition used in EPA's paper
guideline (see 53 FR 23551 (June 22,
1988)). Adoption of EPA's definition and
the consequent reduction in the amount
of Federal purchases of paper containing
fibers'recovered from sawdust could
result hi a reduction in the manufacture
of pulp and fine paper by Lincoln and •
Eastern; A reduction would most likely
t cause an increase in the amount of
sawdust piled or burned in Maine.
C. Federal Procurement of Preconsumer
Recovered Material Used by a
Specialized Technology
Based on the situation described
above, Lincoln and Eastern requested
that EPA include sawdust in its
recommended minimum content
standards. In light of the solid waste
problems associated with sawdust in
Maine, EPA developed a set of criteria
to determine if it would be appropriate
for procuring agencies to include certain
preconsumer recovered materials (such
as the sawdust used by Lincoln and
Eastern) hi their minimum content
standards.
The criteria used for examining a
specific paper manufacturing process
using a specific recovered material are
as follows: '.
(1) Will including the recovered
material in procuring agencies' minimum'
content standards either directly or
indirectly displace the use of post
consumer recovered materials?
(2) Does the recovered material have
economically viable alternative uses
within the area where it is generated?
(i.e., the recovered material will not be
disposed if it is not used in paper
manufacturing.)
(3) Is the material recovered for use hi
paper manufacturing as a standard
practice in the industry (i.e., recovery
does not require the use of specialized
technologies)?
If the answer to any of the above
questions is yes, then the EPA believes
it is not appropriate to include the
recovered material in minimum content
standards. EPA believes it is
appropriate for procuring agencies to
include a recovered material which
passes these criteria in their minimum
content standards for printing and
writing papers. The above criteria
reflect both the solid waste management
benefits and potential negative effects
on postconsumer recovered material
markets.
EPA evaluated sawdust used by
Lincoln and Eastern under the above
criteria to determine if it would be
appropriate for procuring agencies to
include it in their minimum content
standards. Under the first criterion,
printing and writing papers have not
been generally available to the Federal
government with postconsumer content.
Therefore, including sawdust used by
Lincoln and Eastern should not directly
displace postconsumer recovered.
materials.. .
Also, including sawdust used by
Lincoln and Eastern should not
indirectly displace postconsumer
recovered materials by pushing
preconsumer waste paper into lower
grade paper products which are
presently using postconsumer recovered
materials. The portion of Lincoln's paper
pulp produced from sawdust is lower
than 50 percent Therefore, Eastern Fine
Papers must mix a 100 percent "waste
paper" pulp with Lincoln's pulp to meet
a 50 percent minimum content standard
which includes Lincoln's pulp made
from sawdust The 50 percent 'standard
assures that Eastern must use a
substantial amount of "waste paper";
Under such circumstances including
sawdust in minimnm content standards
would not be inconsistent with the
statutory obligation to purchase paper
with postconsumer recovered materials
content to the maximum extent
practicable.
Under the second criterion, '
information received from Lincoln,
Eastern and the Maine DEP, indicates
that sawdust does'present a solid Waste
disposal problem in Maine when not
used in paper manufacturing. The
sawdust will typically be piled or
landfilled because economically viable
alternative markets do not exist hi
central and northern Maine. Lincoln
Pulp and Paper purchases over 200,000
tons of sawdust annually, virtually all of
the sawdust produced by sawmills in
central and northern Maine. This
tonnage is approximately 70 percent of
all sawdust produced in Maine.
Composting sawdust has not proven
to be a viable alternative for the large
volume of sawdust produced in this
area. Composting is being employed in
the area, but it does not adequately deal
with the large number of existing
sawdust piles left scattered throughout
Maine from poor disposal practices of
the past
Under the third criterion, Lincoln
employs a specialized M&D digester to'
convert small particle sized sawdust
from.Maine sawmills Jnto paper pulp.
Lincoln produces a pulp blend derived
from sawdust and hard wood chips.
Therefore, Lincoln relies on sawdust
which is derived exclusively from
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40390 , > Faderal Register / Vol. 55. No. 192 / Wednesday. October 3,1990 / Rules and Regulations
•oftwood trees, to upgrade the strength
of its pulp. .
EPA bfBeVea that sawdust used by
Lincoln and Eastern qualifies under the
above criteria. On May 25/1390. EPA
infom^d Federal paper procuring
agandes that £PA believes that ft is
appropriate to include sawdust, as it is
being used by Lincoln Pulp and Paper,
Co. and Eastern Fine Paper. Ino, in their
minimum content standards foe printing
and writing papers.
EPA's statement to procuring agencies
pertains only to sawdust as it k being
used by Lincoln and Eastern. Other '
paper manufacturers may face a similar
situation and feel that sawdust used by
their process should be included in,
procuring agencies' in hi {mum content
standards for printing and writing
papers. For example, a spclalized paper
manufacturing process may use the
same type of sawdust particles as
Lincoln Pulp and Paper in Maine. If the
maranfacturingprocess Is located in a -
region where viable alternative markets
exist for die sawdust, however, the
sawdust would not be appropriate for
inclusion in the mfnfmiim content
standards of procuring agenc;-«».
Dated: September 17.
AcluyAteaiantAdninfrtratarOffjceof
Solid Wafts cndEmetseaty Response.
(PR Doc. 00-22982 Filed 10-2-80; &45 am]
Mima CODE
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MM OocJori Not »8-M2-
Radto Broadcasting Oerricaa,
TMCXk>o*a,AL
AQgNCY: Federal Communications
* Commission.
ACTKtfC Final rale. _ _
SUMMARY: This document substitutes
Channel 22SC1 for Channel 225C2 at
Tatcakxwa, Alabama, and modifies the
license iMaed
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