RECYCLING
 Reprinted from
 GOVERNMENT
 AND THE NATION'S RESOURCES:
 REPORT
 OF THE NA TIONAL COMMISSION
 ON SUPPLIES
 AND SHORTAGES, December 1976
SpsPsS      i:-:^^^^ ^^^^^^^^S


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     An environmental protection publication
  in the solid waste management series (SW-601)
U.S. ENVIRONMENTAL PROTECTION AGENCY

                   1977

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                                                                            c
                               FOREWORD

   The National Commission on Supplies and Shortages, established by Public Law
93-426, is the latest major attempt by our nation to obtain advice on how best to
use our natural resources.  The  Commission's final report, Government and the
Nation's Resources,  was published in  December  1976  and was distributed in
limited  quantities.  Chapter  8  of the report, "Recycling," contains material of
particular relevance to those concerned with  conservation issues. The  Environ-
mental Protection Agency has played a significant role in promoting recycling, and
this role will be expanded under the Resource  Conservation and Recovery Act of
1976. To ensure that the Commission's findings and recommendations on recycling
reach a wide audience, EPA decided to reprint and distribute copies of the chapter.
   The major findings and recommendations of Chapter 8 are as follows:

   •  Recycling can reduce the escalating capital requirements and environmental
degradation which accompany the exploitation  of lower grade  virgin resources;
national energy demands; and  dependence on imports.
   •  Sizable amounts  of some major materials are  already recycled, but as a per-
centage of total consumption recycling has been static or declining, and only  a
small portion of post-consumer waste is  recycled. Present rates of recycling can be
increased  substantially to supply a limited, but  important, fraction  of our  total
needs for materials.
   •  A number of Government practices deviate from the principle that the rate of
recycling should reflect informed decisions made on the basis of the true cost of
materials. The 94th Congress acted to eliminate such practices as: discrimination
against  recycled  materials in procurement specifications;  possible discrimination
against  recyclables in regulated freight rates; and  a variety  of institutional barriers
which cause localities to miss recycling opportunities.
   •  The Commission recommends that Congress take further action to implement
the true-cost-of-materials principle.  It should  internalize the cost of disposing of
materials by means  such as  mandatory deposits on  beverage containers, excise
taxes on nonreturnable containers, and product disposal charges on other consumer
packaging and on paper.
   •  Due to the absence of compelling  evidence for its continuation, the Commis-
sion recommends repeal of the percentage depletion allowance for minerals.
   •  The Commission recommends that Congress avoid actions that  are contrary
to the true-cost-of-materials principle, such  as new or extensive Federal funding of
systems to recover resources from waste.

   These important findings and recommendations should be well  considered  by all
those who  are concerned with effective conservation of resources and protection of
the environment.

                                            -SHELDON MEYERS
                                            Deputy Assistant Administrator
                                            for Solid Waste Management
                                            U.S. Environmental Protection
                                              Agency

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     NATIONAL COMMISSION ON SUPPLIES AND
                        SHORTAGES

DONALD B. RICE, President, The Rand Corporation
  Chairman
BILL BROCK, United States Senator (Tennessee)
ALAN GREENSPAN, Chairman, Council of Economic Advisers
HENDRIK S. HOUTHAKKER, Professor of Economics, Harvard University
GEORGE  KOZMETSKY, Dean, College of Business Administration and
  Graduate School of Business, University of Texas
JAMES T. LYNN, Director, Office of Management and Budget
THOMAS M.  REES,  Member,  U.S.  House of Representatives (23rd
  District, California)
L. WILLIAM SEIDMAN, Assistant to the President for Economic Affairs
WILLIAM E. SIMON, Secretary of the Treasury
  Virc Chairman
J. WILLIAM STANTON,  Member,  U.S.  House of Representatives  (llth
  District, Ohio)
PHILIP H. TREZISE, Senior Fellow, The Brookings Institution
JOHN V. TUNNEY, United States Senator (California)
NAT WEINBERG, Director, Special  Projects, UAW (Retired)

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                           CHAPTER 8

                          Recycling
  PUBLIC  LAWgg-426 directs the Commission to report on private and
public practices which affect the supply of materials and on alternative
actions to  increase their availability.
  Recycling affects  the available supply of materials.  Sizeable amounts
of some major materials already are recycled, but as a percentage of
total consumption,  recycling  has been static or declining in America,
and only a small portion of postconsumer waste is recycled. Not all of
the materials consumed can be economically recycled  but present rates
of recycling  can  be increased substantially, to supply  a limited but
important fraction of our total needs for materials.
  The term "urban ore" has been applied to the materials used up and
discarded  by consumers.  Some economic considerations discourage the
recycling of "urban ore" in much the same way that similar considera-
tions discourage the exploitation of virgin ore deposits. Moreover, a
number of Ciovernment  practices effectively (if inadvertently) discour-
age recycling. Such  practices are deviations  from the  principle that the
rate of recycling should reflect informed decisions  made on the basis of
the true  cost of materials. Within  the last  year,  Congress has  taken
legislative  action to eliminate discrimination against recycled materials in
procurement specifications, possible  discrimination  against recyctaWes in
regulated  freight rates, and  a  variety of institutional barriers which
cause localities to miss recycling opportunities. Further action  should be
taken in  furtherance of the true-cost-of-materials  principle—for exam-
ple,  repeal of tax  subsidies to producers  of virgin materials and the
imposition of disposal  charges and  refundable deposits on containers
and paper products.
           THE POTENTIAL FOR RECYCLING

  The American economy  uses approximately 4.5 billion tons  of
nonfood  materials each year. A large fraction of current consumption
of major materials is met from recycling. However, as Table 15  shows,
the portion  of materials  demand met  from  recycling is static  or
declining overall— and most recycling comes from  scrap  created  by
industrial production and fabrication  processes rather than from
materials which consumers discard.
  Proponents claim four major benefits from increased recycling in the
United States.
  I. Increasing demands  on the world's  virgin resources are making

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              TABLE 15—Total Recycling as a Percent oj Consumption
                                       Steel ' Aluminum   Copper  Paper
1955
1965
1973
51 .
50 '
51
21
17
18
53
61
55
26
21
21
             Postconsumer Waste Recycling as a Percent oj Consumption
1973                                    16       3        19      14

 Sources: Statistics tor steel, aluminum, auci copjK-r recvcling are derived from United States Department of the
Interior, Bureau ol Mines A/mm//,> Yrtirbuuk: statistics tor aluminum and copper recycling are limited to purchased
scrap. Statistics for paper are also limited to purchased scrap: they are taken from American Paper Institute.
Stnti*tu\ iij Pdfirr unit PufiirfifHinl.
their extraction more and more costly in terms of capital requirements
and environmental degradation.  Recycling material in postconsumer
waste can reduce those demands. Once such material is discarded and
buried, it becomes much more difficult to recover economically.
   2. The production of manufactured products from recycled materials
generally results in a'significant'saving of energy.  For example, energy
equivalent to 6,700  kwh  is required  to produce  a ton of steel  from
virgin resources, and only one-third  of that amount  is. required  to
manufacture a  ton from  scrap; 70,000 kwh are required to extract a
ton of aluminum from virgin  resources, and only one-twentieth of that
amount  to extract it from scrap; substantially  more energy is required
to manufacture a ton of paper from virgin resources than  from scrap.'
   3.  Recycling  provides  a domestic source ,of materials. This reduces
the political uncertainties  of foreign sources of supply and the adverse
impact of the demand for imported materials on the Nation's balance
of trade.
   4. A  fourth  major benefit is beyond the  narrowly defined bounds of
materials policy. Solid waste handling  accounts  for the second largest
expenditure of our major cities; cities can  expect  a 20 to 30 percent
increase  in  real disposal  costs over the  next 10  years; landfill  sites are
becoming scarce in heavily  populated  areas and disposal presents air
and water pollution problems. One  potential by-product of recycling is
a  smaller waste stream whose  constituent parts are  more  easily
managed.
   To what  extent can increased  recycling of  industrial and postconsu-
mer solid waste provide these benefits?
   It  has been assumed in  the past  that all the industrial waste
economically available  is being recycled. This assumption is based  on
the  fact that much industrial  scrap  is high-grade and available  at
convenient  locations.  There has been  relatively little  study of actual
rates of recycling industrial solid waste, however,  and  there is a  large
new source of such waste about  which  even less is  known.  Under the
Clean Air  Act and the  Federal Water Pollution Control Act, the
Environmental  Protection Agency (EPA) has  promulgated regulations
which require  that  materials formerly discharged as  air  and water
pollutants must now be  collected and  handled  as solid  waste. The
mineral concentrations in many such wastes exceed those in many ores
now being processed."

156

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     TABLE 16—Potential Additional Materials from Recycling of Postconsumer Waste
                      (percent of domestic consumption)

                                         Steel  Aluminum   Copper  Paper
Postconsumer waste
1972)
Municipal
Municipal

solid waste
solid waste
(Population Commission,

(EPA,
(FEA,

1974)
1974)
2
7
4
15
8
6
10
5
—
—
14
14
  Sources: Fischman and Landsberg, "Adequacy of Nont'uel Minerals and Forest Resources," in Commission on
Population Growth and the American Future, Research Reports Vol. 3, 98 (1972). These estimates are based on
projections of the amounts ot" materials likely to be in use in the year 2000 and of the useful life (and "retirement"
rate) of such materials.
  EPA, Second Report to Congress: Resource Recovery and Source Reduction 14 (1974). These estimates are based on
EPA calculations of the amounts of materials in  municipal solid waste collected in standard metropolitan statistical
areas during 1971; recovery efficiencies of 30% for paper and 80% lor other materials are assumed.
  Federal Energy Administration, Report to Congress: Energy Conservation Study 83 (1974). These estimates are based
on calculations by Resource Planning Associates ot the amounts of materials in municipal solid waste collected in
standard metropolitan statistical areas during 1970; recovery efficiencies of 80% for steel, H0% for aluminum and
30%  for paper are assumed.


  There has been  much more study of municipally-collected postconsu-
mer solid waste, including some 80 million tons of metals, paper, and
glass.  At  present  less than  10  percent of this  material  is  recycled.3
Excluding the  postconsumer wastes  that are  discarded  in  remote
locations, lost in litter, or are unusable for technical reasons, it has been
estimated that recycling  the remainder could contribute significantly to
the Nation's supply of materials. Three  recent estimates,  shown in
Table 16, may be regarded as "ball-park" figures.
  The estimates  in Table  16 are consistent  with the  independent
assessments  made  by the Commission  staff:  ferrous scrap potentially
recoverable from municipal solid  waste  has been put at 4  or  5  percent
of total consumption by industry sources; skyrocketing costs of plant and
equipment, energy, and raw materials will provide substantial  incentives
to  increase the recycling of aluminum;  the chances  of  increased
recycling of copper are more  modest.4  It has also been estimated that
increased recovery of  resources  (both materials and  energy) from
postconsumer solid  waste  could  save  energy equivalent to 521,000
barrels of oil per day—7 percent of all the fuel consumed by  utilities in
1970.5  Balance-of-trade  effects would admittedly  be modest, but in the
right  direction.  Currently available  resource recovery  systems can
readily reduce by 65 percent  the amount of solid waste which must be
disposed of.6


            OBSTACLES AND OPPORTUNITIES

  If recycling is economically  beneficial, why  isn't more material being
recycled? The economic value of some  material in postconsumer waste
is not  as high as  the cost of exploiting it, often  for  much  the same
reasons that  value of virgin material is  insufficient  to justify exploita-
tion. The  material  in some postconsumer waste may not be sufficiently
concentrated to  be of economic value—for example, roadside litter. Or
the material  may be so far removed  from processing plants that
transporation costs would be prohibitive—for example, waste  in remote

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rural locations.  Not only may  the positive economic value of  material in
postconsumer waste be insufficient, but its negative economic value may
also be insufficient. The  economic value  of recycling material in
postconsumer waste is the sum of the money realized  from recovery of
the materials and the money  saved from not having  to dispose of the
material. While actual postcollection disposal costs  in the Northeast may
run  to  $15 a ton and provide a strong incentive to  recycle rather than
dispose, such costs in the West can be as low as $1  or $2 per ton and
thus afford little incentive.
   However,  quite apart  from  these  market considerations,  some
Government practices discourage recycling: these practices deviate from
the principle that the rate of recycling should reflect informed decisions
made  on  the  basis of the true costs of materials.  Until  1975,
congressional enactments which have dealt explicitly with recycling7
have been  limited to authorizing  further study or allocating  Federal
money for  technical  research,  development  and demonstrations.*
Recently,  the Congress has been giving  much closer  attention to
recycling.

Federal Funding of Demonstration Projects
   The  94th Congress considered and  rejected several recommendations
for  Federal  funding of projects to demonstrate  the  recovery  of
resources from solid waste.  A House  Committee marked up legislation
which would have authorized loan guarantees for projects  to  demon-
strate the recovery of resources from solid waste in amounts up to $2.5
billion.  A  House-Senate conference committee recommended an  au-
thorization of $300 million in loan guarantees to produce energy from
biomass (defined as urban  and  industrial waste,  crops,  animal waste,
sewage sludge), and  an authorization  of $5  million for a price-support
program to  demonstrate the  production of fuels  and energy-intensive
products from solid waste. And four  House committees reported a bill
authorizing loan guarantees in varying amount up to $3.5 billion for
projects to demonstrate the  production of synthetic fuels from domestic
resources, including solid waste.
   None of  these bills  is an effective approach  to  the problem of
  * The Solid Waste Disposal Act, as amended by the Resource Recovery Act of 1970,
does require EPA to establish guidelines for solid  waste collection,  separation,
disposal, and recovery systems. Essentially, the guidelines are binding only on Federal
agencies which dispose of solid waste. Under the  Act, EPA has promulgated
guidelines which:
  (1) Require a deposit of at least  50 on  all beverage containers sold in  Federal
     facilities;
  (2) Require any Federal facility disposing of 100 tons or more per day of solid
     waste to separate and recover materials orj energy, or both, from it;
  (3) Require Federal facilities to  separate at the source, collect and sell high-grade
     paper for the purpose of  recycling (in offices  of over 100 workers) used
     newspapers (on residential facilities of more than 500 families), and corrugated
     containers (from any commercial establishment generating  10 or more tons per
     month).
  Federal agencies may determine  not to comply with these guidelines upon a finding
that compliance would be economically impracticable.

158

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increasing recycling. It does not appear that increased recycling is being
thwarted by any lack of" government-supported research and develop-
ment. R&D programs on resource recovery are currently maintained by
the Office of Solid Waste Management Programs in EPA (which has an
appropriation of $15.7 million  for  fiscal 1977),  by  the  Solid Waste
Division of the Bureau  of Mines (which administers programs funded
at $5.5 million  for  Fiscal  1977),  and by the  Energy  Research and
Development Administration (ERDA), which  has appropriations of $4.6
million for its Urban Waste Technology Branch and $5.2 million for its
fuels-from-biomass program in fiscal 1977. There are  areas which
warrant continuing technological  research,  but there is a broad
consensus that inadequate technology is not the major (or even a major)
restraint on recycling. The House Committee on  Government Opera-
tions has reported  that:

   Representatives  of municipalities,  of  State  Government, of the
   Federal Government, of private industry  and of financial institu-
   tions are  in basic  agreement that the technology  of resource
   recovery is now available.8

Besides,  until recently  most recycling of municipal solid  waste  was
accomplished by a low-technology method—requiring users to separate
their trash. The preliminary results of demonstration projects currently
assisted by EPA suggest that source  separation is still a  cost-effective
means of resource  recovery'.
   The availability of Federal money for demonstration projects can lead
local governments to uneconomic decisions: only by adopting new high-
technology, capital-intensive systems can cities transfer their costs to the
Federal Government. To subsidize the recovery of energy,  but not of
materials, from solid waste would be to  compound pressures for the
inefficient use of resources. (For example, use of old newspapers as  fuel
is  significantly less  energy-efficient than recycling of the same newspa-
pers into newsprint.51)  Furthermore,  Federal investment decisions  can
be uneconomic and counter-productive—a substantial risk in any system
which is (necessarily) driven by political considerations.
   The EPA  demonstration program, perhaps because of  it; modest
size, has been able to  avoid political  pressures to a large degree; the
program appears  to be more successful  than  other Federally-funded
demonstration programs included  in  a recent study sponsored by the
Experimental Technology Incentives  Program of the  National Bureau
of Standards. This study concluded that demonstration projects have a
narrow scope for effective use and that diffusion of the technology to
be  demonstrated depends  on "market pull" rather than "technology
push".10
   Some  high-technology local  projects for resource recovery are in
operation or under construction without  Federal  support, and invest-
ment bankers have expressed interest in financing other projects. "The
House Committee  on Government Operations has concluded that:

   Congress should not authorize Federal financial assistance...(or)
   Federal guarantees  of municipal  or State  bonds...to finance re-
   source recovery  or other municipal solid waste disposal systems.12

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   These  considerations all  suggest that Government  funding  of re-
source recovery demonstrations should hot be  increased substantially
above its  present modest size. The  Resource Conservation  and Recovery
Act of 1976 recognizes these considerations by providing that EPA may
not fund  a full-scale resource recovery facility unless it finds:
     • that the facility will demonstrate at full scale a  new or
   significantly improved technology  or process, a  practical  and
   significant improvement in solid  waste management practice,  or the
   technical feasibility  and cost-effectiveness of  an existing  but un-
   proven process;
     • that the facility  will not duplicate any other facility on  which
   construction  has already begun; and
     • that the facility is  not likely to  be constructed or  operated
   without such funding.

To the extent that solid waste disposal  costs  present overwhelming
financial  problems to cities which justify Federal  assistance,  these
problems would best be  met through  some form of general  revenue
sharing, and  not through a  system of financial assistance which  would
require a  city to  adopt something other than  the  least  expensive
solution.

   The Commission opposes Federal funding of systems to recover
   energy or materials from  waste, whether by means of grants,  loan
   guarantees,  or price  supports; exception should be made  only for
   the  limited number of systems which possess  the characteristics of
   true demonstration projects.

Tax Subsidies
   There  is a broad consensus that  lack of long-term, stable demand is a
major deterrent to  utilization of resources in postconsumer  waste. The
degree to  which  tax preferences  to the  consumption  of virgin over
recycled  materials  undermine long-term,  stable  demand for  recycled
materials  has  not  yet been  adequately  calculated; however, scattered
pieces of evidence indicate  that such  preferences have  a  substantial
undermining effect. The  94th Congress considered proposals to  repeal
tax subsidies for the  consumption  of  virgin  materials and to  create
countervailing tax subsidies for the consumption  of recycled materials.*
  *Amendment No. 1882, proposed by Senator Haskell to H.R. 10612 and rejected
by the full Senate, would have effectively repealed a variety of tax subsidies, including
the percentage depletion  allowance  for minerals and capital  gains treatment for
timber. H.R. 10612, the Tax Reform  Act of 1976, as reported by the Senate Finance
Committee, would have allowed a taxpayer, as a credit against tax, a percentage of the
qualifying amount of recyclable solid waste material  which he purchases and recycles
in the U.S.; the amount  of purchases which' qualifies  would be the  amount which
exceeds 75%  of annual  average purchases  in the preceding three years;  the
percentage allowed would equal Vz of the percent  of the depletion allowance for
metals (precious  metals are excluded), 10% for textile and paper waste, and  5% for
glass and plastics; recyclable solid waste materials would be defined as postconsumer
solid waste and purchased  scrap (if the latter is from  fabricators  who do not produce
their own feed material). The full Senate deleted this provision.  A similar tax credit,
proposed by the House Ways and  Means Committee, in the  Resource Conservation
and Conversion Act of 1975, was defeated last year.

160

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  The Federal Government gives  tax subsidies  to the consumption of
virgin materials both by allowing the deduction from income of a fixed
percentage of the value of mineral production* and  by allowing capital
gains treatment of income derived from the increase in the' value of
standing timber.
  Minerals—The percentage depletion allowance in particular has been
the subject of extensive study. The Treasury  Department has estimated
that, largely  as a result of this tax subsidy, mineral  industries  have an
effective tax  rate of about  25 percent of total  net  income, compared
with 43 percent for other manufacturing industries.1'1
  Percentage depletion has encouraged the  growth  of large vertically-
integrated materials companies which shelter  their income by maintain-
ing high  prices  for their  virgin material input  and  allocating their
profits to virgin material production.14 The dominant materials compa-
nies are structured, both physically  and institutionally,  to  use wholly-
owned virgin materials as their primary feed. They also make routine
use  of high-grade scrap  produced in  their own  plants and the
manufacturing and fabricating processes of their customers. But usually
they purchase postconsumer scrap  only  to  respond  to peaks  in the
demand for  their product;  accordingly, their demand  for  recycled
material fluctuates over a  wide  range. Physical  reasons alone do not
account for  such  a structure: postconsumer scrap  has the advantage
over virgin  materials of being found in  bulk at the point of  ultimate
consumption;  there  are  certainly substantial  problems in preparing
lower grades of scrap for industrial  use, but there are  also substantial
problems in  preparing lower  grades of  virgin  materials. However,
industry has devoted  great effort to beneficiating low-grade ores and
little or no effort to recovering resources in postconsumer waste.
  The  American  steel industry,  for example,  is dominated  by eight
vertically-integrated companies  which accounted for  75 percent  of
production  in  1974;  more than  85 percent  of the ore  which they
consumed came from company-owned  sources.IS  The industry has
consistently  raised  the price  at  which it sells  itself  ore, regardless  of
fluctuations in the demand for steel; on the other  hand, the price  of
scrap purchased has fluctuated sharply with demand (see Table  17).  In
recent  years,  the  export  price  of  No.  I   heavy melting scrap has
regularly  exceeded  the domestic price; since foreign  purchasers must
bear transportation charges as well, it is probable that the domestic steel
industry substantially under-values scrap. It has been estimated  that in
the United States the  effect of tax preferences more than accounts for
  *Mineral companies  have the option of  using the same lype o! tost depletion
 which is available to osher industries—i.e., (hey may divide the original tost of
 developing the mineral deposit  by the  number of tons to be produced, and deduct
 this amount as part of the cost of each  ton mined. In I960, cost depiction accounted
 lor less than lO'/f of the depletion taken by (he minerals industry. Miller, "Percentage
 Depletion and the Level of Domestic Mineral Production," 15 Natural Resources J. '242
 (1975).

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          TABLE 17—Strrl Production and Ore and Scrap Prices, 1950-1975
Composite Price
Steel Produced Price of .Ore of No. 1 Heavy
(millions of tons) ($/ton) Melting Scrap
($/ton).
1950
1951
1952
1953
1954
1955
1956
1957
1958
1959
I960
1961
1962
1963
1964
1965
1966
1967
1968
1969
1970
1971
1972
1973
1974
1975
Sources: Kigurt
«,./»,/. Til.- nri.r
ihai nl N,,. 1 h,-.
.Ifiurm/i )'rtll*rai*.
72
79
68
80
63
85
83
80
60
69
71
66
71
76
85
93
90
84
92
93
91
87
92
1 II
1 10
80
•N lor MIT! prodmrd arc (host- epai
4.99
5.46
6.09
6.76
6.99
7.12
7.75
8.33
8.39
8.69
8.79
8.99
8.84
9.22
9.52
9.33
9.49
9.92
10.21
10.34
10.80
11.55
12.20
12.84
16.34
21.41
I Iron £ Snrl Inslinm-
llle mini-, per uross H
•lincill ill tin- Inleriur.
35
43
42
40
29
40
53
47
38
38
33
36
28
27
36
34
31
28
26
31
45
35
37
58
109
72
. Annual Slnlhliral
in: ihis priie and
11 II 1C., U ol Mines
the difference between the cost of producing a ton of steel from scrap,
and the lower cost of producing it from virgin  material.*
   Econometric studies (performed  for EPA)  have concluded  that the
repeal  of tax  subsidies  for the consumption of virgin  materials would
increase the current  price  of virgin  materials only slightly; the resulting
increases in rates  of  recycling were estimated at about 1 to 5 percent."1
However,  these   studies of marginal  price effects  are based on an
historical record which reveals that there is relatively little price  elasticity
of demand for postconsumer scrap.** Thus, they assume the continued
  *Sec EPA, Second Rrfiorl In Congress: Resource Recover? and Source Reduction 35 (1974).
The cost of a Ion of steel using pig iron was estimated to be $40.50; the cost of a ton
of steel using scrap was $43.00; the  lax benefits to virgin iron ore and coal exceed
$2.50. This calculation is continued by more recent cost estimates in Cosman, "Studies
of Recycling Problems in Selected Industries," in Commission Document, Additional
Rackgronnd Studies.

  **See, e.g., Charles  River Associates,  Inc. A Stiidy oj the h~errtin.\ Scrap Market During
the  Shortage Period of  1973-197-t (June 1976), p.  7-4. While  the demand lor

162

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existence of an historical industry structure based at least in  part  upon
the same tax subsidies. Only time can tell the extent to which repeal of
these  subsidies would change industry  structure.  Recently, materials
companies  have  demonstrated  that  they will  integrate  vertically into
scrap sources of supply, given  the right economic circumstances.17
   The argument that repeal  of tax  subsidies will increase the rate of
recycling is supported  by incomplete evidence.  But the evidence to
support continuation of such tax  subsidies is even weaker.
   In the past it has  been politically difficult to  repeal existing tax
subsidies, such as the  percentage depletion allowance for minerals. In
spite of this history, the Congress terminated  the percentage depletion
allowance for major oil companies in  1975. (The House voted, 248-163,
to repeal the entire allowance; the Senate, by a vote of 47-41, retained
the allowance for independent producers.)*
   Repeal of the percentage  depletion allowance for minerals  would
probably make little difference  in the near-term  availability of virgin
materials: the allowance may only be  taken on one-half of profits; thus,
if a mineral deposit is not very  profitable, the allowance affords little
incentive to produce. It now appears  that most depletion is taken at the
full statutory rate; i.e., on  non-marginal deposits which would be mined
without regard to any tax subsidy. (For  example,  if depletion is  taken
on a copper mine at the full statutory rate [15 percent], then the  profit
on the  mine  must be  equal  to  at  least 30 percent of the value of
production.)1"
   Repeal of tax subsidies could affect  the  long-term  availability of
domestic minerals  by  lowering  the  after-tax return on capital  from
domestic mineral exploitation. Lowering  the  return on  capital of the
mineral industries  relative to other  industries  would not be entirely
negative: the  percentage  depletion  allowance  for minerals currently
distorts resource allocation  toward  capital-  (and energy-) intensive
exploitation of lower-grade domestic ore. Federal  Trade Commission
figures suggest that in recent  years before- and  after-tax rates of  profit
postconsumer scrap is relatively inelastic,  the supply of postconsumer scrap is highly
price-elastic. Ibid. The Treasury Department has concluded that:
  most scrap or waste that can be economically used is already collected. The cost
  of substantially expanding  collection is prohibitive. Therefore, an  increase in
  recycling is not prevented by any tax incentive-induced reduction in the sale price
  of competitive virgin materials, but  by the costs of collection. Administration
  Position, Hearings on Certain  Provisions of the Tax  Reform Bill (H.R. 10612)
  before the Senate Committee on Finance, July 20, 1976.
The premise of the Treasury Department  argument is not supported by the evidence.
Industry  has  historically been  capable  of recycling  far higher percentages  of
aluminum and paper scrap, for example.  See Table 1. An industry-sponsored study
estimates that scrap dealers now have in-place capacity to process more than twice the
previous record annual demand for  ferrous scrap. See Battelle Columbus  Laborato-
ries, The Prnrrxxing Capacity nj the Ferrous Scrap Industry (August 10, 1976).

  *CJ. The National Democratic Platform 1976,  p. 48: "Economic inequities created by
subsidies  for virgin materials to the disadvantage of  recycled  materials must  be
eliminated. Depletion allowances and unequal freight rates serve to discourage the
growing numbers of businesses engaged in recycling efforts."

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 on stockholders' equity  for corporations  in the  mining  industry  have
 been substantially greater than the rate of profit for all manufacturing
 corporations.111  The mining industry has urged  in  defense of the
 mineral depletion allowance that  it will need  to  raise vast  amounts of
 capital over the corning years.2" But  the industry has made no attempt
 to demonstrate that the (iovernment  should  favor its efforts to  raise
 capital  over  the efforts of other  industries. Tax equity and  economic
 efficiency would be  better served if the Federal Government considered
 the  needs of the  mineral  industry  for tax relief in  raising capital*
 together with the needs of other industries, and not as a class apart.
   If tax subsidies were repealed,  prices would bear the full burden of
 stimulating virgin  mineral production. Congressional opponents  of
 percentage depletion for oil  and  gas  argued  that  prices rather  than
 subsidies are the appropriate method of stimulating production.'21
   The  mining industry has  also  urged that the  continuation of tax
 subsidies  protects   the  national  interest in  an  assured supply  of
 minerals.22 But the cost of  tax  subsidies is  substantial: it  has  been
 estimated  that the  revenue loss  from  the  percentage depletion allow-
 ance for  minerals   will  exceed  $850 million in  fiscal  year 1977.2"
 Because the percentage depletion allowance for minerals offers the least
 incentive to the exploitation of marginal deposits, it is not well designed
 to increase mineral  supplies.  The Treasury  Department estimated in
 1969 that  the percentage depletion allowance for oil and gas cost about
 $1.6  billion  in  tax  revenue  for  additional reserves  worth  only $0.15
 billion.-4 The cost  of tax  subsidies as a method of protecting  the
 national interest in  an  assured supply of minerals should be measured
 against costs  of other  methods  of  preventing disruption  of foreign
 supply—such as stockpiling.  The  latter method may  be many  times
 cheaper.**
   In sum, the cost of the percentage  depletion allowance for minerals is
 substantial in  terms  of lost revenue. While the marginal price effect of
 this  tax subsidy appears to  be negligible, it is a strong incentive to an
 industry structure which  is inimical to  the  use of  resources  in
 postconsumer waste. The benefits derived  from  the  percentage deple-
 tion  allowance do not appear to be proportionate to the cost.
   Timber—The consequences  of capital gains treatment for timber  have
 been studied less  thoroughly than  the consequences  of  percentage
  *COMMISSIONER WEINBERG:  If the  public is  to provide capital  for private
firms through tax subsidies, it (i.e.,  the government as the representative of the
public) should obtain an equity interest  in  the firm in  return for its capital
contribution. (See colloquy on this point between Mr. Charles  Carlisle, Vice President,
St. Joe Mineral Company and myself,  Commission  Document, Public Hearings on
Problems oj Supplies and Shortages.)

  **The Commission has sought the  views of the Department of the Interior and the
Bureau of Mines on  this subject. The Assistant Secretary of  the Interior for Energy
and Minerals  has informed the  Commission that  "quantitative answers will be
exceedingly difficult to derive. It is my firm judgment that the depletion allowance is
fully justified, notwithstanding the present difficulty in quantitative justification." See
letter of November 8, 1976 from Dr. William  L; Fisher to  Dr. George  C. Eads in
Commission Document, Public Hearing on Problems o/ Materials Supplies and Shortages.

164

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depletion for minerals.  There are some similarities.  The  Treasury
Department has estimated that the lumber industry has a tax rate of
only 30 percent,  largely as a result  of capital gains treatment for
timber;25  the  revenue loss  from this  tax  subsidy will  be  about $200
million in fiscal  year 1977.'-" Treasury has identified capital  gains
treatment for timber as a cause of the  shift in ownership of timberland
toward large, vertically-integrated corporations  which shelter their
income by maintaining high timber prices.27 The twenty largest paper
companies accounted  for 65 percent of all the paper and  paperboard
made in the United States during  1974; eighteen of these companies
had timber holdings totalling 37 million acres in the United States and
4  million acres in  Canada.2"  The  Treasury  Department  reported in
1969 that:
   The  tax advantage  of capital  gains treatment  of timber  accrues
   mainly  to large corporations and high-income individuals. Small
   corporations with taxable income less than $25,000 do not benefit
   from the capital gains provision.  In  1965 there  were  13,251
   corporate returns Tiled  in the lumber and paper industries. Of
   these, five companies reported 51.3  percent  of the long-term
   capital gains.2"
Although it is difficult to assign a causal relationship  on  the present
evidence,  the rate  of paper recycling in the United States has declined
from 35 percent to 21 percent since capital gains treatment for  timber
was enacted  (over President Roosevelt's  veto) in 1944.:!"  The  major
consumers of recycled paper are,  for the  most part,  not the  largest
paper  companies  but  a  handful of companies without major  timber
holdings.31 The industry's demand for  recycled paper is  so unstable
that waste paper  prices  fell during   1974  from $60 to $5 per ton;
sometimes a buyer could  not be found  at any price.
   However,  there are complicating  factors in assessing the  conse-
quences of capital gains treatment  for  timber, such as industry's
extensive  cutting of timber from  public lands.32 The matter  is further
complicated by the fact  that capital gains treatment for timber is an
extension of a more  general  provision  of the  tax code applicable to
other long-lived assets; the Commission has not examined the question
of equitable application of the capital gains provisions to umber versus
other  assets. Nonetheless, the Congress should  require  a  thorough
justification of this tax subsidy, before determining to continue it.

   Countervailing Tax  Proposal—During the 94th Congress, the  House
Ways  and Means Committee and the  Senate  Finance Committee each
reported proposals to  create a countervailing tax subsidy in  the form of
a  tax credit  for  purchase of recyclable solid waste materials.  These
proposals would have substantially increased, rather  than reduced, the
subsidy of materials consumption by the general tax rolls.  It has been
estimated that the Senate Finance Committee bill would have reduced
budget  receipts by an estimated $345 million in fiscal 1981.33 According
to past  estimates, tax  subsidies  for virgin  material consumption are an
inefficient  means  of  expanding the supply of minerals;  there  is no
reason  to suppose that  a  tax  credit for the  purchase  of recycled
materials  would  be a  more efficient expenditure of tax dollars. Apart

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 from these general considerations, both proposals would have allowed
 substantial  windfalls in the  form  of credits for the recycling of high-
 grade purchased industrial scrap.

   In the absence of  compelling  evidence for its  continuation,  the
   Commission  recommends the  repeal of the percentage depletion
   allowance for minerals; the Commission opposes the creation of
   new tax subsidies for the consumption of recycled materials.*

 Internalizing Disposal Costs
   Governments discourage the  recycling  of containers and paper
 products by  assessing the  cost of discarding such  materials against
 general  revenues  rather  than against the price of the containers and
 paper products. As recently  as  1960, 95 percent of the soft drinks and
 50 percent of the beer were sold in returnable containers; the price of
 the beverage  included the  cost of distributing  containers,  collecting
 them after  use, cleaning them and placing them back in service.:M Now
 the most common form  of beverage  container is the no  deposit-no
 return bottle or can; the  price does  not  reflect collection  and disposal
 costs, which are  borne not by the consumer but by society at large.
   The 94th Congress considered  legislation  requiring EPA to establish
 standards of control  for products  which "may  use an unreasonable
 amount  of  energy or of materials identified  by the President as critical
 to  national security  or  in  short supply:"  Another bill  would  have
 imposed a schedule of national solid  waste disposal charges on the sale
 or  transfer, at the bulk production level, of rigid consumer containers
 (at ().5£  per container), and  of flexible  consumer packaging  and paper
 (at 1.3<2  per lb.); the charge would have been introduced over a ten-
 year period, starting at zero and increasing  by 10 percent per year;  it
 would have been reduced by the percent of secondary materials content
 in  the product.  A third bill  would have required a refundable deposit
 of at least five cents on carbonated beverage containers,  to take effect in
 five years.
  COMMISSIONERS GREENSPAN, HOUTHAKKER, LYNN, SEIDMAN,  AND
SIMON: Repeal of the percentage depletion allowance would improve economic
efficiency by eliminating an artificial bias toward virgin material use, but would raise
the effective corporation income tax rate. Repeal of percentage depletion should be
accompanied  by a compensating reduction in general corporation income tax rates
sufficient to offset the revenue effect of removing the depletion allowance. However,
this does not imply that we  believe the  present level of corporate taxation to be
appropriate.
  COMMISSIONER WEINBERG: This recommendation should have included a call
for ending the  capital gains tax subsidy  for standing timber. The only  significant
argument advanced against such a recommendation  was  that  since capital  gains
treatment applies generally, timber should not be singled out for its elimination. In
my view, favoritism to capital gains income over earned  income should be ended
across the board. In any event, timber harvesting has never been eligible  for capital
gains treatment under general provisions of the tax, code. Congress singled out timber
to receive-special capital gains treatment  in the  Revenue  Act of 1943. In his veto
message, Franklin  Roosevelt (himself  a  tree  farmer) argued that timber should
continue to be treated as a crop and its sale treated as ordinary income. 1 believe he
was right, even though his veto was overridden.

166

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  The first bill is inconsistent with the general principle that the rate of
recycling should reflect the true costs of materials; the bill proposes a
regulatory approach similar to that of the Clean Air Act or the Federal
Water Pollution Control Act.  These  acts establish regulatory schemes
which  require businesses to install the best demonstrated or available
control technology. The definition of such technology for a multiplicity
of industries and  plants  has proved  a  difficult  regulatory  task.
Businesses  have  delayed  substantial  costs by  engaging in protracted
litigation against  regulations/'5 Perhaps such an  approach should be
reserved for those situations where it is  difficult, if not impossible, to
estimate external  costs. It is relatively easy to estimate disposal costs.
  The second  bill  would incorporate disposal costs into the  prices of
products. It would leave to individual businesses the decision on how to
increase  recycling  or reduce  waste  in order to obtain  the  greatest
progress at the least cost. Accumulating tax liability would eliminate an
incentive to  use  litigation  as  a delaying tactic. The bill  would cover
packaging and paper products which make up almost one-half of the
total waste stream and 80 percent of all product-type  wastes.  A study
prepared for EPA suggests that such  a system of product charges could
double present  rates of  paper  recycling and  provide a marginal
incentive for more efficient use of materials in production/"1  Adminis-
tration costs have  been projected at about one-half of 1 percent of the
revenue raised/'7 Gradual  imposition of a disposal charge would  allow
time for implementing regulations embodying suggested  "fine-tuniitg'1
changes, such  as  adding the  costs of complying with environmental
controls on  disposal to the base cost, or establishing a  separate rate of
charge for plastic containers, such as  that proposed by the City of New
York.  It would also be appropriate to  exempt  consumer packaging
which  carried a refundable deposit from such a disposal charge.
  A mandatory deposit on carbonated beverage containers, proposed in
the third bill, would  also internalize  external  costs. Such  a deposit has
been  tested  in the  State of Oregon where  it has greatly stimulated
recycling  and  reduced  the amount of  roadside litter while  leaving
beverage  prices essentially  unchanged/"1 Detailed  projections of the
national impact of a mandatory deposit system have been  made by the
Department of Commerce (which is opposed  to such a system), by the
Federal Energy Administration (which has not taken a position) and by
the Environmental Protection Agency (which favors such a system). The
average of capital cost estimates by  Commerce and by FEA is $l-$4
billion; all three agencies predict a modest net gain in employment, but
with  a shift of 4(),()()()  to  80,000 jobs  from container  industries to
retailing  and  distribution. Given  a 90  percent return rate (not
unrealistic  in light of Oregon's experience), all three agencies  predict
energy savings of 150-200 billion Btu per year, somewhat  less than one
day's  national energy consumption;  EPA predicts savings of about 13
billion pounds of raw  materials. Commerce  predicts a  reduction in
municipal solid waste of slightly  less than 5  percent by  weight; EPA
predicts a reduction of about 20 percent by volume in municipal solid
waste; FEA predicts that the value of materials thus removed from the
waste stream would have no substantial effect on municipal decisions to

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 landfill or to recover resources.''9 Sweden is putting into effect a similar
 mandatory deposit system for automobiles:  there is a tax of SwKr 300
 ($65) on  the purchase of a  car; the tax is refundable when the car is
 turned in to a scrap  yard. This system merits further study in the
 United States.*

   The Commission recommends that the  Government take steps to
   internalize the cost of disposing of materials; means of accomplish-
   ing this include mandatory deposits on beverage containers,  excise
   taxes on non-returnable containers,  and  product disposal charges
   on other consumer packaging and on paper.

 Freight Rates
   Discriminatory freight rates have been cited  as  a factor depressing
 the  demand  for recycled materials.  The evidence supporting  this
 assertion  is mixed, at best. A  1973'study concluded that freight  rates
 represented a substantial fraction  of the cost of using scrap iron and
 wastepaper, but not of aluminum scrap; and that the ratio of railroad
 revenue to variable  costs was higher for scrap iron than for iron ore,
 but  lower for  aluminum  scrap  than  ingots and for wastepaper  than
 woodpulp.4" A  1974  study  concluded  that, when directly compared,
 rates for  transporting scrap iron were  higher than for  iron  ore, and
 rates for  wastepaper higher  than for wood chips; however, rates  were
 lower for  wastepaper  and scrap iron when compared on a chemically
 equivalent basis (i.e., comparing the cost of transporting  enough virgin
 materials  to make one ton of steel or  paperboard  against the costs of
 transporting enough secondary materials to make the same ton).41
   The  Railroad Revitalization  and Regulatory  Reform Act of  1976
 (together  with the prior Regional Railroad Reorganization Act)  requires
 the  Interstate Commerce Commission  to investigate the rate structure
 for transporting recyclable materials and competing virgin materials: in
 this  investigation the burden of proof is upon the railroads to show that
 any  rate structure is just, reasonable, and non-discriminatory; the ICC
 must issue orders  requiring the  removal of any  unreasonable or
 unjustly discriminatory rate;  EPA is authorized to participate as a party
 in such an investigation. The mandated ICC investigation is  under way.
 The draft Environmental  Impact Statement of the ICC  staff dismisses
 as insignificant the effects of  freight rate changes  on recycling.
 Proposals  for further  action should await conclusion of the current
 investigation.

 Procurement Specifications
   Government procurement specifications can reduce the demand for
 recycled materials  by discriminating against them. For example, the
  "COMMISSIONER  WF.INBERG: The  logic of'the refundable Swedish (ax on
automobiles is so obvious and compelling that it is not enough to say merely that it
"merits further study." Adoption of a similar system in the United States should have
been recommended to facilitate recycling, to eliminate the eyesores represented by cars
abandoned on the streets and to spare  public authorities the cost of hauling them to
junkyards.

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Department of the Army recently cited its procurement specifications to
justify rejection  of  a recommendation by  its  Audit Agency  that  it
purchase  retreaded rather than new tires for its commercial vehicles.42
GSA  (which  purchases $1.2 billion in  supplies annually) has already
made some progress in eliminating such discrimination. However, DoD
(which purchases $32.6 billion in supplies annually) has indicated  that it
would give low  priority  to anti-discrimination  arguments  so long as
action was discretionary and not mandatory.43 There is some evidence
that the  purchasing  specifications  of private industry  also discriminate
unnecessarily against recycled materials.44
   The Resource  Conservation and Recovery Act of 1976 addresses the
problem of discriminatory procurement specifications. It requires that
each  agency  shall procure  items composed  of  the  highest practicable
percentage of recovered materials consistent with maintaining a satisfac-
tory level of competition.  The decision  not to procure such items must
be based  on a determination  that such items  (1) are not reasonably
available,  (2)  fail  to meet  performance  standards set forth in specifica-
tions  based on guidelines to be issued by the Department of Commerce
through  the National Bureau of Standards, or (3) are only available at
unreasonable  prices. Agencies  which generate heat  or  energy  from
fossil  fuels must, to the greatest practicable extent, use any  capability
for burning  recovered  material or  fuel  derived from recovered
material.  All  federal  agencies  must review and revise  procurement
specifications  to  eliminate any exclusion  of recovered materials  or
requirement  that an item be manufactured from  virgin materials, and
to  require use of reclaimed materials  to the  greatest possible  extent
without jeopardizing  the  intended end use of the item. EPA  must
prepare guidelines for the use  of procuring agencies in complying with
the requirements of the section. The Office of Procurement Policy is to
implement the policy  of  the Act  and report annually to Congress  on
actions taken.
   Under  this Act, the Department of Commerce (through the National
Bureau of Standards) must do more than develop specifications that
define the ability of recycled  materials to  replace  virgin  materials in
various industrial, commercial, and governmental  uses.  It  must also
identify potential markets for recycled  materials,  identify  barriers to
their  use, and encourage the  development of  new uses  for recycled
materials. The Department is also authorized to evaluate the commer-
cial feasibility of resource  recovery systems, publish  the  results, and
develop a data base  to assist persons in  choosing such a system.  Given
the Department's expressed lack of enthusiam for this legislation, and
given the history of  inattention to similar legislation (the Mining and
Minerals  Policy  Act)  by  the  Department of the  Interior,  it  is not
unreasonable to  fear that these provisions of the  Act may become a
dead  letter.  A specific dollar  authorization for the Department  of
Commerce to carry  out these  duties,  along with  continuing Congres-
sional oversight, are  possible remedies.  The Government should
consider  a  variety of  arrangements to disseminate information  to
industry.  One such  promising arrangement is the Industrial  Waste
Exchange of the  St. Louis Regional Commerce and Growth Association,
which has just completed its first listing.44

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Institutional Barriers
   Institutional barriers prevent  increased recycling of municipal  solid
wastes. The solid waste of a single metropolitan  area is often handled
by a number of jurisdictions with conflicting interests. Many cities lack
the power  to contract for long-term delivery of waste; such  contracts
are often a precondition to private investment in  recycling.  Even where
cities  do have  the  necessary  legal  authority and  where they  face
increasing costs  for the disposal of waste '(especially in the Northeast),
they miss opportunities to recycle waste because of the inertia of their
solid waste  management bureaucracies.*
   Widespread awareness  of opportunities for resource recovery is the
first step  toward overcoming ^bureaucratic inertia  and institutional
barriers in  this field.  The Resource Conservation and Recovery  Act of
1976  is a  promising beginning. The Act directs  EPA  to provide
financial assistance and technical assistance (through teams of experts in
finance, marketing,  technology, and  law) to the States in developing
and  carrying out plans for solid waste disposal and  resource recovery
that will identify sources and markets. In order to qualify  for assistance,
a State plan must identify appropriate regional organizations authorized
to deal with  common solid  waste disposal and resource  recovery
problems.  The plan also  must remove  provisions prohibiting  any  local
governments from entering  into long-term contracts  to supply solid
waste to resource recovery facilities.

   The Nation's  supply of materials  will be  used  most efficiently when
decisions about  the  use of materials are based  upon their true costs.
Although the  recycling of waste material has often  been treated  as a
good per se, the Commission believes that the principle of determining
use by true costs applies just as  fully to the resources contained in waste
material as it does to the resources contained in virgin  material.  The
Congress has  already taken a  number of commendable steps  in  the
direction of implementing this principle. The Commission urges that it
continue in this direction.

                             REFERENCES

 1  National Commission on Materials  Policy, Filial Report 4D-8 (1973), and Cosman,
   "Studies of Recycling Problems in  Selected Industries," in Commission  Document,
   Additional Background Studies.
  *For example, it costs Washington, D. C. $15 per ton to dispose of its municipal
solid waste after collection. The city had an opportunity to sell collected waste to the
Potomac Electric Power Company, where it would have been burned as fuel on a pilot
plant scale and  its energy value recovered.  The1 city missed this opportunity in large
part because no one was willing to contend with bureaucratic obstacles to the
proposal; the city is now attempting to negotiate a larger regional  energy recovery
agreement with PEPCO. Interviews,  Dr. James G.  Abert, National Center for
Resource Recovery, Inc.; J. Robert Holloway, Resource  Recovery Division,  Office of
Solid Waste Management Programs, Environmental Protection Agency. For a more
general assessment of bureaucratic inertia in the solid waste field, see the address of
Dr. E. S. Savas in House Committee on Interstate and Foreign Commerce, Symposium
im Resource Consen>ation and Recovery, Comm. Print, 94th Cong., 2d Sess., 9—12 (1976).

170

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 2  Kirby  and Prokopovitsh, "Technological Insurance Against  Shortages in Minerals
   and Metals," 191 Science 719 (February 20, 1976).
 :l  EPA, Third Report to Congress: Resource Recovery and Waste Reduction 10 (1975).
 4  See Cosman, op. cit.
 3  House Committee on Foreign and  Interstate Commerce, Materials Relating to  the
   Resource  Conservation and Recovery Act of 1976, 94th Congress, 2d Session,  Comm.
   Print 64  (1976).
 11  41  Fed. Reg. 2362 (January 15, 1976)
 7  See National Environment  Policy Act of 1969, Pub. Law 91-190  (January 1, 1970),
   42  USC  §§4341 et sen.; Mining and Minerals Policy Act of  1970, Pub. Law 91-631
   (December  31, 1970), 30  USC  §219; Solid Waste Disposal Act, as amended  by
   Resource Recovery Act of 1970, Pub. Law  89-272 (October 20, 1965), Pub. Law
   91-312 (October 16,  1970), 42  USC §§3251 et sen.; Federal Nonnuclear Energy
   and Development Act of  1974. Pub. Law  93-577 (December 31. 1974),  42 USC
   §§ 5905-5906.
 *  House Committee on Government Operation, Report  No. 94-1319, 94th Congress,
   2d  Session  12 (1976). See also Blum, "Tapping  Resources in Municipal Solid
   Waste,"  191 Science 674 (February 20, 1976), and Spendlove, Recycling Trends in  the
   United States: A Review 20 (Bureau of Mines Information Circular/1976).
 "  See Statement by Talbot  Page in  Hearings, U.S. Senate  Committee  on  Public
   Works, Panel on  Materials Policy, 94th Congress, 2d Sess., 6 (May 20, 1976) (cited
   hereafter as Hearing), and Statement of Richard B. Scudder in  House  Committee
   on  Interstate  and Foreign  Commerce, Symposium on Resource Conservation and
   Recovery, Comm. Print, 94th Cong., 2d Sess.  83 (1976).
 '"  Baer, Johnson and  Morrow, Analysis of  Federally Funded  Demonstration  Projects,
    Experimental Technology Incentives Program,  U.S.  Department  of Commerce,
    National Bureau of Standards, Vol.  1, iv-v  (April 1976).
"  House Committee on Interstate and Foreign Commerce, Materials Relating to  the
   Resource  Consen'ation and Recovery Act of 1976, 94th Congress, 2d Sess., Comm. Print
   70-71 (1976); House  Committee on  Government Operations, Report No. 94-1319,
   94th Congress. 2d Sess. 12 (1976).
12  House Committee on Government  Operations, Report  No. 94-1319, 94th Con-
   gress, 2d Sess. 6 (1976).
'•'  U.S. Treasury  Department, Tax Reform Studies and Proposals, House Committee  on
   Ways  and  Means and U.S. Senate  Committee  on  Finance, 91st  Congress,  1st
   Session,  Comm.  Print 99-100  (1969) (cited hereafter as  Treasury Tax Reform
   Studies).
14  See,  e.g.,  Miller, "Percentage  Depletion   and  the Level  of  Domestic  Mineral
   Production" \5NaturalResourcesJ. 248(1975).
'•"'  Interview,  Richard  Johnson,  Federal Trade  Commission; also Cosman, "The
   Threat of an Iron Ore Cartel" (unpublished).
";  See Booz-Allen and  Hamilton, An Evaluation oj the Impact of Discriminatory  Taxation
   on  the Use of Primary  and Secondary Raw Materials,  (1975), and Environmental Law-
   Institute, Federal Tax Policy and Depletable Resources:  Impacts and Alternatives  for
   Recycling and Conservation (Draft, 1976).
17  See, e.g., Charles River Associates,  Inc. "A Study of the  Ferrous Scrap  Market
   During the Shortage Period of 1973-1974" in  National Commission Supplies and
   Shortages, The Commodities Shortages of 1973—74: Case Studies.
18  Miller, op.ril.  243-245. See also  Mancke, The Failure  of U.S.  Energy  Policy 85-87
   (1974).
'"  See Federal Trade  Commission, Quarterly Financial Reports for Manufacturing,
   Mining and Trade Corporations, 1973-1976.  FTC  reported figures for the lumber
   industry only 1972-1974, and for the mining industry 1974-1976.
2"  J. Allen  Overton, President, American Mining Congress, letter  to Dr. Eads, with
   enclosures, August  20,   1976;  Simon D.  Strauss,  Executive Vice President,
   ASARCO, Inc., letter to Dr. Eads, October 5, 1976.
21  121 Cong. Record H.I 163, 1187-1189 (February 27,  1975), S.4233 (March  18,
   1975).
22  Simon D. Strauss,  Executive Vice President, ASARCO, Inc., letter to Dr. Eads,
   October 5,  1976.
23  Budget of the United States Government,  Fiscal Year 1977, Special Analysis  F, 123;
   interview, Cynthia Wallace, Office of Tax Analysis, Treasury Department.

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24 Treasury Tax Reform Studies 428.
25 Ibid.
2K Budget of the United States Government, Fiscal Year 1977, Special Analysis F,  123.
27 Treasury Tax Reform Studies, 435-438.
2" Arthur D.  Little, Inc., Analysis of Demand and  Supply /nr Secondary Fiber in the U.S.
   Paper and Paprrboard Industry IV-7 (1975).
2" Treasury Tax Reform Studies434-435.
3" American Paper Institute, Statistics of Paper and Paperboard.
31 Arthur D. Little, Inc., op. fit. 111-49.
32 See, Greenfield "The National Forest Semice and the  Forest  and Rangeland Renni'ahle
   Resources Planning Act of 1974"  15 Natural Resource^], 605-606 (1975).
:i3 U.S. Senate Committee on Finance, Report No. 94-938, 94th Congress, 2d Session
   578(1976).
34 122 Cong. Record S.I 1073 (June 30,  1976).
35 See statements of William J. Baumol and Leonard Lee Lane, Hearing.
•'"' Research Triangle Institute, An Evaluation of the 'Effectiveness and Costs of Regulatory
   and Fiscal Policy Instruments an Product Packaging.  Environmental Protection Agency
   (March  1974).'
37 Statement of Sheldon Meyers, Hearing.
3* Gudger and Walters "Beverage Container Regulation" 5 Ecology t.Q. 265  (1976).
3!l U.S. Department of Commerce,  Bureau  of Domestic Commerce Statt  Study, The
   Impacts of National Beverage Container Legislation  (October 1975); FEA,  Energy and
   Economic Impacts o/ Mandatory Deposits: Executive Summary (Sept. 1976);  EPA,  Third
   Report to Congress: Resource Recovery and Waste Reduction, 29-30 (1975).
411 See EPA, Second Report  to  Congress: Resource Recovery  and Source  Reduction  19-24
   (1974).
41 Resources Planning  Institute, Raw  Materials Transportation Costs and Their Influence
   on the Use of Wastepaper and Scrap Iron and Steel,  Environmental Protection Agency
   (April 1974).
42 General  Accounting Office, Report to the Congress: Policies  and Programs  Being
   Developed to Expand Procurement oj Products Containing Recycled Materials 12 (May  18,
   1976).
43 Ibid.  1,22-23.
44 Interview, Henri-Claude Bailly, Resource Planning Associates, Inc.
45 7 Solid Waste Report 76 (May  10, 1976).
                                                                       UCJ  1497
                                                                       SW-601
172

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