United States
Environmental Protection
Agency
facilities Management and
Services Division
February 1990
Printing Management
Handbook
• Paper Samples
* Federal Printing Regulations
r
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The boxes shown below Illustrate the use of screens. Screens can be used to achieve
the effect of several different colors of Ink utilizing one color of Ink.
100% Color
10% Screen
100% Color
20% Screen
100% Color
30% Screen
100% Color
100% Color
40% Screen
100% Color
1
00% Color
50% Screen
70% Screen
100% Color
100% Color
All paper samples contained in this publicaion meet EPA minimum
standards for recovered material content. Availability of these paper
stocks will vary do to local supply/demand and production at the paper
mills.
Covers and Tab Dividers Printed on Recycled White Vellum, 65 Ib.
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
MEMORANDUM
OFFICE OF
ADMINISTRATION
AND RESOURCES
MANAGEMENT
SUBJECT: Printing Management Handbook
FROM: James Anderson, Printing Officer, Chief
Printing and Distribution Section
Facilities Management and Services Division
It is with pleasure that I am able to provide you with this handbook. This publication contains
recycled paper samples for all papers approved by the Joint Committee on Printing for use by the
Federal government and the Federal Printing regulations contained in both the Title 44 U.S. Code
and the Joint Committee on Printing Regulations. Also included with the regulations are the
statements requiring two-sided copy and Waste Management and Public Law 101-163 that refers
to procurement of printing.
If you have any questions or special printing requirements please contact me or any of my staff
at 382-2125.
N
>
Material belongs to:
O f fice of Tcx5 c S ubstances Library "^
U.S. O- i -n ;r P oscction Agency
401 M:-. . : ' ;:;-793
Wash!;; . t •'.>.. V.^C-iOO
(202)3^2-3;:;
Printed on RKydtdWH»2S% Rag Bond, 20 b.
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CONTENTS
PAPER STOCKS
Cover Stocks
White Vellum, 65 Ib.
White Vellum, 50 Ib.
Dutch Blue Vellum, 50 Ib.
Venice Blue Vellum, 50 Ib.
Peach Tan Vellum, 50 Ib.
Sand Gray Vellum, 50 Ib.
Light Gray Vellum, 50 Ib.
Killarney Green Vellum, 50 Ib.
Victoria Green Vellum, 50 Ib.
Pecan Brown Vellum, 50 Ib.
Sun Orange Vellum, 50 Ib.
Canary Yellow Vellum, 50 Ib.
Text Stocks
White Offset, 50 Ib.
White Offset, 60 Ib.
White Offset, 70 Ib.
Blue Writing, 20 Ib.
Green Writing, 20 Ib.
Buff Writing, 20 Ib.
Pink Writing, 20 Ib.
Salmon Writing, 20 Ib.
Yellow Writing, 20 Ib.
Index Stocks
White Index, 110 Ib.
Buff Index, 110 Ib.
Green Index, 110lb.
Pink Index, 110 Ib.
Salmon Index, 11016.
Yellow Index, 110 Ib.
Printed on Recycled White Offset, SO to.
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Ledger Stocks
White Ledger, 32 !b.
Blue Ledger, 32 Ib.
Buff Ledger, 32 Ib.
Green Ledger, 32 Ib.
Pink Ledger, 32 Ib.
Salmon Ledger, 32 Ib.
Yellow Ledger, 32 Ib.
Miscellaneous Paper Stocks
Artificial Parchment, 47 Ib.
White 25% Rag Bond, 20 Ib.
REGULATIONS
Two-sided Copy and Waste Management
Public Law 101-163
Title 44 U. S. Code
Joint Committee on Printing Regulations
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PAPER STOCKS
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Cover Stocks
-------
This stock is also available in 65 Ib.
Canary Yellow Vellum, 50 Ib.
-------
This stock is also available in 65 ib.
Sun Orange Vellum, 50 Ib.
-------
This stock is also available in 65 Ib.
Pecan Brown Vellum, 50 Ib.
-------
This stock is also available in 65 Ib.
Victoria Green Vellum, 50 Ib.
-------
This stock is also available in 65 Ib.
Killarney Green Vellum, 50 Ib.
-------
This stock is also available in 65 Ib.
Light Gray Vellum, 50 b.
-------
This stock is also available in 65 Ib.
Sand Gray Vellum, 50 Ib.
-------
This stock is also available in 65 Ib.
Peach Tan Vellum, 50 Ib.
-------
This stock is also available in 65 Ib.
Venice Blue Vellum, 50 Ib.
-------
This stock is also available in 65 Ib.
Dutch Blue Vellum, 50 fb.
-------
White Vellum, 50 Ib.
-------
White Vellum, 65 Ib.
-------
Text Stocks
-------
Yellow Writing, 20 Ib.
-------
Salmon Writing, 20 Ib.
-------
Pink Writing, 20 Ib.
-------
Buff Writing, 20 Ib.
-------
Green Writing, 20 Ib.
-------
Blue Writing, 20 Ib.
-------
White Offset, 70 Ib.
-------
White Offset, 60 Ib.
-------
White Offset, 50 Ib.
-------
Index Stocks
-------
Yellow Index, 11 Olb.
-------
Salmon Index, 110lb.
-------
Pink Index, 110 Ib.
-------
Green Index, 110lb.
-------
Blue Index, 110lb.
-------
Buff Index, 110 Ib.
-------
White Index, 110lb.
-------
Ledger Stocks
-------
This stock is also available in 44 Ib.
Yellow Ledger, 32 Ib.
-------
This stock is also available in 44 Ib.
Salmon Ledger, 32 Ib.
-------
This stock is also available in 44 ib.
Pink Ledger, 32 Ib.
-------
This stock is also available in 44 Ib.
Green Ledger, 32 Ib.
-------
This stock is also available in 44 Ib.
Buff Ledger, 32 Ib.
-------
This stock is also available in 44 Ib.
Blue Ledger, 32 Ib.
-------
Miscellaneous Paper
Stocks
-------
White 25% Rag Bond, 20 Ib.
-------
Artificial Parchment, 47 Ib.
-------
REGULATIONS
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
AU6151989
OFFICE OF
ADMINISTRATION
AND RESOURCES
MANAGEMENT
^^&u^..
MEMORANDUM
SUBJECT: Two-sided Copy and Waste Management,- j
FROM: Charles L. _
Assistant Administrator
TO: All EPA Employees
Recycling, waste management, and pollution prevention are
concepts and actions that will help conserve our national resources
and protect our environment.
At our headquarters buildings and throughout most of our
regions and field locations, we are recycling high grade white
paper. We have started glass and aluminum recycling efforts at
headquarters and at many regional and field locations. Our goal
is to develop a comprehensive recycling and waste management
program that can be used as a model by other federal and state
agencies.
A part of that model program should include
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- 2 -
All Assistant and Regional Administrators and Office Directors
should encourage their staffs to use two-sided copying within their
organization. Every EPA employee can help by using two-sided
copying and by making only the necessary number of copies. Making
9 copies instead of 10, or 18 copies instead of 20, would reduce
oui- total agency copying costs by approximately 10 percent.
Thank you for your cooperation and support.
-------
WENDELL H. FORD. SCNATOR FROM KCNTUCKV.
CHAIRMAN
OfCONCINI. SlNATOH FROM ARIZONA
GORE. JR.. SiNATOR FROM TlNNfSSIC
JVENS. SlNATM FROM ALASKA
Q. HATFIELD. SiNATOR FROM ORiaON
JOHN CHAMBERS. STAFF DlMCTOR
90JCP002
Q1
.
I
I
I
Congreds* of tfje ®nttcb
Joint Committee on printing
eta HART SENATE OFFICE BLOC.
WASHINGTON. DC 205 10-6650
(202) 224-524 1
FRANK ANNUNZIO. RiPRCStNTATiVf FROM lulNOII.
Vici CHAIKMAN
JOSEPH M. GAYDOS, flirmtCNTATIVI FROM PCNNtVlVANIA
JIM BATES. RCPHlSENTATIVf FROM CALIFORNIA
PAT ROBERTS. RiPRCSiNTATivf FROM KANSAS
NEWT GINGRICH. RcracstNTATivc FROM GfORGiA
RICHARD OLESZEWSKI, Difoiv STAFF OiRfCTOR
January 25, 1990
TO HEADS OF DEPARTMENTS AND AGENCIES
The Legislative Branch Appropriations Act for Fiscal
Year 1990 contains a provision directly affecting Executive
Branch printing activities. The provision, identical to ones
enacted for Fiscal Years 1988 and 1989, can be found in
Section 308 of Public Law 101-163. As before, it requires
that printing and related services procured from commercial
sources must be obtained, for the most part, exclusively
through the U.S. Government Printing Office (GPO).
The measure is intended to ensure GPO's continuing role
as the central source for the production and distribution of
Federal printing. It also acts to reinforce the Congress'
commitment to a centrally managed and fiscally sound program
for the collection and dissemination of Government
information.
In addition to the more traditional printing activities,
these provisions also apply to any typesetting or other
printing services (including desk-top publishing services)
that may be offered by- graphic design contractors or any
other service/support contractors. It is important that all
service and support contracts issued by agencies clearly
address these concerns. In addition, agency-initiated
management improvement programs, such as the Department of
Defense Model Installation Program and Commercial Activities*
Program, and the Department of Veterans' Affairs' Pilot
Program on Management Efficiency, are subject to the
provisions of this law.
A copy of the new statutory provision is printed on the
reverse side of this letter. I hope it will help you in
developing and maintaining an effective and efficient
printing management program for your agency. As always, the
Joint Committee on Printing is available to assist you and
members of your staff in that effort.
Sincerely,
(over)
Wendell H. Ford
Chairman
Printed on Recycled White Offset, SO Ib.
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NOTE:
Printing Management and/or the Regional Printing Control Officer
MUST approve, In advance, any printing procurements
that are not procured through the U.S. Government Printing Office
PUBLIC LAW 101-163—NOV. 21,1989
103 STAT. 1065
SEC. 308. (a) None of the funds appropriated for fiscal year 1990 by
this Act or any other law may be obligated or expended by any
entity of the executive branch for the procurement from commercial
sources of any printing related to the production of Government
publications (including forms), unless such procurement is by or
through the Government Printing Office.
(b) Subsection (a) does not apply to (1) individual printing orders
costing not more than $1,000, if the work is not of a continuing or
repetitive nature, (2) printing for the Central Intelligence Agency,
the Defense Intelligence Agency, or the National Security Agency,
or (3) printing from commercial sources that is specifically
authorized by law or is of a kind that has been routinely procured by
or through the Government Printing Office.
(c) As used in this section, the term "printing" means the process
of composition, platemaking, presswork, binding, and microform,
and the end items of such processes.
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Titte 44 U.S. Code
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§316
TITLE 44—PUBLIC PRINTING AND DOCUMENTS
Page 502
NOTE: Chapter 5 deals with day
to day printing procure-
ment. To conserve space,
Chapter 5 is the only sec-
tion of Title 44 provided.
CHAPTER 5—PRODUCTION AND
PROCUREMENT OF PRINTING AND BINDING
Sec.
501. Government printing, binding, and blank-
book work to be done at Government
Printing Office.
502. Procurement of printing, binding, and blank-
book work by Public Printer.
503. Printing in veterans' hospitals.
504. Direct purchase of printing, binding, and
blank-book work by Government agencies.
SOS. Sale of duplicate plates.
506. Time for printing documents or reports
which include illustrations or maps.
507. Orders for printing to be acted upon within
one year.
508. Annual estimates of quantity of paper re-
quired for public printing and binding.
509. Standards of paper; advertisements for pro-
posals; samples.
510. Specifications in advertisements for paper.
511. Opening bids; bonds.
512. Approval of paper contracts;..time for per-
formance; bonds.
513. Comparison of paper and envelopes with
standard quality.
514. Determination of quality of paper.
515. Default of contractor, new contracts and
purchase in open market.
516. Liability of defaulting contractor.
517. Purchase of paper in open market.
AMENDMENTS
1976—Pub. L. 94-553. ! 105(a)(2), Oct. 19. 1976, 90
Stat. 2599. in item 505 struck out "; copyright" follow-
ing "plates".
FEDERAL RECORDS MANAGEMENT PROVISIONS WITHOUT
EFFECT ON CHAPTER
Authority and responsibilities under chapter not
limited or repealed by Federal Records Management
Amendments of 1976. see section 5(b) of Pub. L.
94-575. set out as a note under section 2901 of this
title.
§ 501. Government printing, binding, and blank-book
work to be done at Government Printing Office
All printing, binding, and blank-book work for
Congress, the Executive Office, the Judiciary,
other than the Supreme Court of the United
States, and every executive department, inde-
pendent office and establishment of the Gov-
ernment, shall be done at the Government
Printing Office, except—
(1) classes of work the Joint Committee on
Printing considers to be urgent or necessary
to have done elsewhere; and
(2) printing in field printing plants operated
by an executive department* independent
office or establishment, and the procurement
of printing by an executive department, inde-
pendent office or establishment from allot-
ments for contract field printing, if approved
by the Joint Committee on Printing.
Printing or binding may be done at the Gov-
ernment Printing Office only when authorized
by law.
(Pub. L. 90-620, Oct. 22.1968.82 Stat. 1243.)
HISTORICAL AND REVISION NOTES
Based on 44 U.S. Code, 1964 ed., $ 111 and 116 (part)
(Jan. 12, 1895, ch. 23, $$86. 87,- 28 Stat. 662;-Mar. 1,
1919. ch. 86. $ 11, 40 Stat. 1270; July 5.1949, ch. 296, 63
Stat 405).
This section Incorporates only the first sentence of
former section 116. The balance will be found in sec-
tion 1123 of the revision.
CROSS REFERENCES
American Battle Monuments Commission, printing
authority, see section 138b of Title 36. Patriotic Soci-
eties and Observances.
Engraving and printing currency and security docu-
ments by Secretary of Treasury, see section 5114 of
Title 31, Money and Finance.
Expenditures or obligations in excess of funds pro-
hibited, see section 1341 of Title 31.
Federal Communications Commission, printing for,
see section 154 of Title 47, Telegraphs, Telephones,
and Radiotelegraphs.
Federal Power Act. expenditures for printing and
binding, see section 793 of Title 16. Conservation.
Foreign assistance, use of funds for printing and
binding without regard to the provisions of any other
law, see section 2396 of Title 22, Foreign Relations and
Intercourse.
Form and style of work for departments, see section
1105 of this title.
Joint Committee on Taxation, printing and binding,
see section 8021 of Title 26, Internal Revenue Code.
National Science Foundation, publication of scientif-
ic and technical information without regard to the
provisions of this section, see section 1870 of Title 42,
The Public Health and Welfare.
Printed on Recycled White OHtot, TOIb.
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Page 503
TITLE 44—PUBLIC PRINTING AND DOCUMENTS
§507
Notes, bonds, and other securities, engraving and
printing at the Treasury Department, see section 5114
of Title 31, Money and Finance.
Patent and Trademark Office, limitations and condi-
tions concerning printing and lithographing, see sec-
tion 1338 of this title.
Peace Corps, use of funds for printing and binding
without regard to the provisions of any other law. see
section 2514 of Title 22. Foreign Relations and Inter-
course.
Printing and binding outside continental United
States, Secretary of State to provide when funds ap-
propriated, see section 2669 of Title 22.
Selective Service System, printing for. see section
460 of Appendix to Title 50. War and National De-
fense.
Senate library, cost limitation on binding for. see
section 737 of this title.
Supreme Court, printing and binding, see section 676
of Title 28, Judiciary and Judicial Procedure.
Tax Court reports, publication at Government Print-
Ing Office, see section 7462 of Title 26. Internal Reve-
nue Code.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 503 of this title;
title 5 section 1304; title 7 section 285; title 16 sections
9161 961; title 20 sections 954. 956; title 21 section
114c; title 22 sections 272a. 280b, 2801, 280k, 287e, 287r.
290b, 1471. 2024. 2588. 2669; title 33 section 1123; title
42 section 1870.
§502. Procurement of printing, binding, and blank-
book work by Public Printer
Printing, binding, and blank-book work au-
thorized by law, which the Public Printer is not
able or equipped to do at the Government
Printing Office, may be produced elsewhere
under contracts made by him with the approval
of the Joint Committee on Printing.
(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1243.)
HISTORICAL AND REVISION NOTES
Based on 44 U.S. Code. 1964 ed.. § Ilia (Feb. 28.
1929, ch. 367, $ 1, 45 Stat. 1400).
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 50 App. section
460.
§ 503. Printing in veterans' hospitals
Notwithstanding section 501 of this title, the
Administrator of Veterans' Affairs may utilize
the printing and binding equipment that the
various hospitals and homes of the Veterans'
Administration use for occupational therapy,
for printing and binding which he finds advis-
able for the use of the Veterans' Administra-
tion.
(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1243.)
HISTORICAL AND REVISION NOTES
Based on 44 U.S. Code. 1964 ed.. §lllb (June 16.
1933, ch. 101. $ 1, 48 Stat. 302; Feb. 2, 1935. ch. 3, § 1,
49 Stat 18; Mar. 19. 1936. ch. 156, $ 1, 49 Stat. 1182).
§504. Direct purchase of printing, binding, and
blank-book work by Government agencies
The Joint Committee on Printing may permit
the Public Printer to authorize an executive de-
partment, independent office, or establishment
of the .Government to purchase direct for its
use such printing, binding, and blank-book
work, otherwise authorized by law. as the Gov-
ernment Printing Office is not able or suitably
equipped to execute or as may be more eco-
nomically or in the better interest of the Gov-
ernment executed elsewhere.
(Pub. L. 90-620. Oct. 22. 1968, 82 Stat. 1243.)
HISTORICAL AND REVISION NOTES
Based on 44 U.S. Code, 1964 ed.. 5 14 (Jan. 12, 1895,
ch. 23. 5 12. 28 Stat. 602; July 8, 1935. ch. 374. § 1, 49
Stat. 475; Oct. 31, 1951. ch. 654, § 3(10). 65 Stat. 708).
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 50 App. section
2253.
§ 505. Sale of duplicate plates
The Public Printer shall sell, under regula-
tions of the Joint Committee on Printing to
persons who may apply, additional or duplicate
stereotype or electrotype plates from which a
Government publication is printed, at a price
not to exceed the cost of composition, the
metal, and making to the Government, plus 10
per centum, and the full amount of the price
shall be paid when the order is filed.
(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1244;
Pub. L. 94-553, § 105(a)(l). Oct. 19, 1976, 90
Stat. 2599.)
HISTORICAL AND REVISION NOTES
Based on 44 U.S. Code. 1964 ed.. $ 58 (Jan. 12, 1895.
ch. 23, § 52, 28 Stat. 608).
AMENDMENTS
1976—Pub. L. 94-553 struck out provision that a pub-
lication could not be copyrighted if it was reprinted
from additional or duplicate plates purchased from
the government from which government publications
had been printed or if It was reprinted from other gov-
ernment publications.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94-553 effective Jan. 1,1978.
see section 102 of Pub4. L. 94-553, set out as an Effec-
tive Date note preceding section 101 of Title 17. Copy-
rights.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to In title 39 section 405.
§ 506. Time for printing documents or reports which
include illustrations or maps
A document or report to be illustrated or ac-
companied by maps may not be printed by the
Public Printer until the illustrations or maps
designed for it are ready for publication.
(Pub. L. 90-620, Oct. 22,1968, 82 Stat. 1244.)
HISTORICAL AND REVISION NOTES
Based on 44 U.S. Code, 1964 ed., § 115 (part) (Jan. 12,
1895, Ch. 23. i 80. 28 Stat. 621).
This section incorporates only the first clause of
former section 115. The balance will be found in sec-
tion 507 of the revision.
§ 507. Orders for printing to be acted upon within one
year
An order for public printing may not be acted
upon by the Public Printer after the expiration
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1508
TITLE 44—PUBLIC PRINTING AND DOCUMENTS
Page 504
of one year unless the entire copy and illustra-
tions for the work have been furnished within
that period.
(Pub. L. 90-620, Oct. 22, 1968. 82 Stat. 1244.)
HISTORICAL AND REVISION NOTES
Based on 44 U.S. Code, 1964 ed.. § 115 (part) (Jan. 12.
1895. ch. 23, § 80. 28 Stat. 621).
This section incorporates only the second clause of
former section 115. The balance will be found in sec-
tion 506 of the revision.
§ 508. Annual estimates of quantity of paper required
for public printing and binding
At the beginning of each session of Congress,
the Public Printer shall submit to the Joint
Committee on Printing estimates of the quanti-
ty of paper of all descriptions required for the
public printing and binding during the ensuing
year.
(Pub. L. 90-620, Oct. 22,1968, 82 Stat. 1244.)
HISTORICAL AND REVISION NOTES
Based on 44 U.S. Code. 1964 ed.. § 36 (Jan. 12. 1895,
ch. 23. $ 26. 28 Stat. 604).
§ 509. Standards of paper; advertisements for propos-
als; samples
The Joint Committee on Printing shall fix
upon standards of paper for the different de-
scriptions of public printing and binding, and
the Public Printer, under their direction, shall
advertise in six newspapers or trade journals,
published In different cities, for sealed propos-
als to furnish the Government with paper, as
specified in the schedule to be furnished appli-
cants by the Public Printer, setting forth in
detail the quality and quantities required for
the public printing. The Public Printer shall
furnish samples of the standard of papers fixed
upon to applicants who desire to bid.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 515. 1121 of
this title.
§ 511. Opening bids; bonds
The sealed proposals to furnish paper and en-
velopes shall be opened in the presence of the
Joint Committee on Printing who shall award
the contracts to the lowest and best bidder for
the interest of the Government. The committee
may not consider a proposal that is not accom-
panied by a bond with security or certified
check in the amount of $5,000, guaranteeing
that the bidder if his proposal is accepted, will
enter into a formal contract with the United
States to furnish the paper or envelopes speci-
fied. The Committee may not consider a pro-
posal from a person unknown to it unless ac-
companied by satisfactory evidence that he is a
manufacturer of or dealer in the description of
paper or envelopes proposed to be furnished.
(Pub. L. 90-620, Oct. 22,1968, 82 Stat. 1244.)
HISTORICAL AND REVISION NOTES
Based on 44 U.S. Code, 1964 ed., 5 7 (Jan. 12, 1895,
ch. 23, I 5, 28 Stat. 602; June 16, 1938, ch. 477, J 3, 52
Stat. 761).
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to In sections 515, 1121 of
this title.
§ 512. Approval of paper contracts; time for perform-
ance; bonds
«
A contract for furnishing paper 13 not valid
until approved by the Joint Committee on
Printing. The award of a contract for furnish-
ing paper shall designate a reasonable time for
Its performance. The contractor shall give bond
in an amount fixed and approved by the Com-
mittee.
(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1244.) (pub ^ 90-620, Oct. 22, 1968, 82 Stat. 1244.)
HISTORICAL AND REVISION NOTES
Based on 44 U.S. Code. 1964 ed., § 5 (Jan. 12, 1895.
ch. 23, § 3. 28 Stat. 601; Mar. 3, 1925. ch. 421, {1, 43
Stat. 1105).
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 515, 1121 of
this title.
6 510. Specifications in advertisements for paper
The advertisements for proposals shall speci-
fy the minimum portion of each quality of
paper required for either three months, six
months, or one year, as the Joint Committee on
Printing determines; but when the minimum
portion so specified exceeds, in any case, one
thousand reams, it shall state that proposals
will be received for one thousand reams or
more.
(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1244.)
HISTORICAL AND REVISION NOTES
Based on 44 U.S. Code, 1954 ed., S 6 (Jan. 12, 1895,
ch. 23. 54, 28 Stat. 601).
HISTORICAL AND REVISION NOTES
Based on 44 U.S. Code, 1964 ed., § 8 (Jan. 12. 1895.
ch. 23, $ 6, 28 Stat 602; Mar. 3, 1917. ch. 163, 16. 39
Stat. 1121).
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 515. 1121 of
this title.
§ 513. Comparison of paper and envelopes with stand-
ard quality
The Public Printer shall compare every lot of
paper and envelopes delivered by a contractor
with the standard of quality fixed upon by the
Joint Committee on Printing, and may not
accept paper or envelopes which do not con-
form to it In every particular. A lot of delivered
paper or envelopes which does not conform to
the standard of quality may be accepted by the
Committee at a discount that in its opinion is
sufficient to protect the interests of the Gov-
ernment.
(Pub. L. 90-620, Oct. 22,1968, 82 Stat. 1245.)
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Page 505
TITLE 44—PUBLIC PRINTING AND DOCUMENTS
§517
HISTORICAL AND REVISION NOTES
Based on 44 U.S. Code. 1964 ed., § 9 (Jan. 12. 1895.
ch. 23, § 7, 28 Stat. 602; June 20, 1936, ch. 630. title
VIII. { 13. 49 Stat. 1553).
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 515. 1121 of
this title.
§ 514. Determination of quality of paper
The Joint Committee on Printing shall deter-
mine differences of opinion between the Public
Printer and a contractor for paper respecting
the paper's quality; and the decision of the
Committee is final as to the United States.
(Pub. L. 90-620. Oct. 22, 1968, 82 Stat. 1245.)
HISTORICAL AND REVISION NOTES
Based on 44 U.S. Code. 1964 ed.. S 10 (Jan. 12, 1895,
ch. 23. S 8. 28 Stat. 602; Mar. 3. 1917, ch. 163, 16, 39
Stat. 1121).
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 515. 1121 of
this title.
§ 515. Default of contractor; new contracts and pur-
chase in open market
If a contractor fails to comply with his con-
tract, the Public Printer shall report the de-
fault to the Joint Committee on Printing, and
under its direction, enter into a new contract
with the lowest, best, and most responsible
bidder for the interest of the Government
among those whose proposals were rejected at
the last opening of bids, or he shall advertise
for new proposals, under the regulations pro-
vided by sections 509-517 of this title. During
the interval that may thus occur he may, under
the direction of the Joint Committee on Print-
ing, purchase hi open market, at the lowest
market price, paper necessary for the public
printing.
(Pub. L. 90-620, Oct. 22,1968, 82 Stat. 1245.)
HISTORICAL AND REVISION NOTES
Based on 44 UOS. Code, 1964 ed., { 11 (Jan. 12,1895,
ch. 23, S 9, 28 Stat 602; Mar. 3, 1917. ch. 163. { 6. 39
Stat. 1121).
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to In section 1121 of this
title.
§ 516. Liability of defaulting contractor
Upon failure to furnish paper, a contractor
and his sureties shall be responsible for any in-
crease of cost to the Government in procuring a
supply of the paper consequent upon his de-
fault. The Public Printer shall report every de-
fault, with a full statement of all the facts in
the case, to the General Counsel for the De-
partment of the Treasury, who shall prosecute
the defaulting contractor and his sureties upon
their bond in the district court of the United
States in the district in which the defaulting
contractor resides.
(Pub. L. 90-620, Oct. 22,1968. 82 Stat. 1245.)
HISTORICAL AND REVISION NOTES
Based on 44 U.S. Code. 1964 ed.. S 12 (Jan. 12. 1895.
ch. 23. S 10, 28 Stat. 602; Mar. 3.1911, ch. 231. $ 291. 36
Stat. 1167; May 10. 1934. ch. 277, S 512(b). 48 Stat.
759).
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 515. 1121 of
this title.
§ 517. Purchase of paper in open market
The Joint Committee on Printing may au-
thorize the Public Printer to purchase paper in
open market when they consider the quantity
required so small or the want so immediate as
not to justify advertisement for proposals.
(Pub. L. 90-620, Oct. 22.1968. 82 Stat. 1245.)
HISTORICAL AND REVISION NOTES
Based on 44 U.S. Code. 1964 ed.. S 13 (Jan. 12. 1895.
ch. 23. § 11. 28 Stat. 602; Mar. 3. 1917. ch. 163. $ 6. 39
Stat. 1121).
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 515 of this title.
-------
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Joint Committee on
Printing Regulations
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S. Pub. 100-5
Government
Printing & Binding
Regulations
Published by the
Joint Committee on Printing
Congress of the United States
NOTE: Regulations that do not pertain to day to day printing
procurement or areas that pertain to Printing Management
only have not been Included In this section.
J
NOVEMBER 1987
NO. 25
Printed on Recycled WhhtOfhtt, 60 tb.
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lOOrn G
/.s'/ .SY'.s'.sv
s. run.
100-fi
Government
Printing and Binding
Regulations
Published by the
JOINT COMMITTEE ON PRINTING
U.S. CONGRESS
No. 25
November 1987
U.S. Government Printing Office
Washington : 1987
Forsale by the Superintendent of Documents, U.S. Government Printing Office
Washington, DC 20402
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100TII CONGRESS
JOINT COMMITTKK ON PRINTING
(X)N(iltKSS OF THE UNITKI) STATKS
FRANK ANNUNZIO, Chairman, Representative from Illinois
WENDELL H. FORD, Vice Chairman, Senator from Kentucky
JOSEPH M. GAYDOS, Representative from Pennsylvania
LEON E. PANETTA, Representative from California
ROBERT E. BADHAM, Representative from California
PAT ROBERTS, Representative from Kansas
DENNIS DECONCINI, Senator from Arizona
ALBERT GORE, JR., Senator from Tennessee
TED STEVENS, Senator from Alaska
MARK O. HATFIELD, Senator from Oregon
818 Hart Senate Office Building
United States Senate
Washington, DC 20510-6606
(202) 224-5241
RICHARD OLESZEWSKI, Staff Director
JOHN CHAMBERS, Deputy Staff Director
ANTHONY J. ZAGAMI, General Counsel
FAYE M. PADGETT, Assistant Staff Director
Professional Staff
JAMES C. BRADLEY, Printing Procurement
ROY BREIMON, Analysis and Review
NEVIN BROWN, Congressional Printing
ANN COOK, Special Projects
FLETCHER HERRING, Executive Printing
BERNADINE HODUSKI, Library and Distribution Services
GERALD KLEIMAN, GPO Operations and Customer Service
BERNARD LAZORCHAK, Printing Technology
DUANE NYSTROM, Editor
JOHN WENSTRUP, Auditor
PLEASE NOTE: Wendell H. Ford Is currently the Chairman of the JCP and Frank Annunizo is
Vice Chairman.
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LETTER OF TRANSMITTAL
November 1987.
To: All Departments
The Joint Committee on Printing hereby transmits Government
Printing and Binding Regulations No. 25, effective as of this date.
While this volume contains no substantive changes to existing reg-
ulations, it does provide updated listings of Government Printing
Office regional procurement offices and satellites, and includes
copies of circular letters of general applicability that have been
issued to departmental administrators since the issuance of the last
edition.
As always, constructive suggestions for amendments to these
regulations are welcome and invited.
Sincerely,
FRANK ANNUNZIO,
Chairman.
(in)
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AUTHORITY OF THE JOINT COMMITTEE ON PRINTING
(Extracts from United States Code, title 44|
§ 103. Joint Committee on Printing: remedial powers
The Joint Committee on Printing may use any measures it con-
siders necessary to remedy neglect, delay, duplication, or waste in
the public printing and binding and the distribution of Government
publications.
§ 501. Government printing, binding, and blank-book work to be
done at Government Printing Office
All printing, binding, and blank-book work for Congress, the Ex-
ecutive Office, the Judiciary, other than the Supreme Court of the
United States, and every executive department, independent office
and establishment of the Government, shall be done at the Govern-
ment Printing Office, except—
(1) classes of work the Joint Committee on Printing considers
to be urgent or necessary to have done elsewhere; and
(2) printing in field printing plants operated by an executive
department, independent office or establishment, and the pro-
curement of printing by an executive department, independent
office or establishment from allotments for contract field print-
ing, if approved by the Joint Committee on Printing.
Printing or binding may be done at the Government Printing
Office only when authorized by law.
§502. Procurement of printing, binding, and blank-book work by
Public Printer
Printing, binding, and blank-book work authorized by law, which
the Public Printer is not able or equipped to do at the Government
Printing Office, may be produced elsewhere under contracts made
by him with the approval of the Joint Committee on Printing.
GOVERNMENT PRINTING AND BINDING REGULATIONS OF
THE JOINT COMMITTEE ON PRINTING
(All references to these Regulations must cite number and paragraph)
Resolved by the Joint Committee on Printing, under authority of
sections 103, 501, and 502, title 44, United States Code, That, except
as otherwise provided herein, from and after April 4, 1977, the fol-
lowing shall supersede and repeal all regulations heretofore pro-
mulgated by the committee which are inconsistent herewith.
(IV)
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CONTENTS
Title I—Definitions:
1. Printing
2. Duplicating/Copying.
IJ. Department
4. Printing Plant
Page
1
1
2
2
5. Regional Printing Procurement
Office 2
G. Federal Printing 3
7. Production Unit 3
Title II—Equipment:
8. Classification, Buy American
Act, etc 5
9. Purchase, etc , 10
10. Disposal of Excess Equipment.... 10
11. New Processes 11
12. Research and Development 11
Title HI—General Provisions:
13. Advertisements, Commercial 13
14r Art Signatures , 13
15. Courtesy Credit Lines 13
16. Publication Bylines, Mastheads. 14
17. Copyright Notices 14
18. Color Printing 14
19. Illustrations 15
20. Cards: Calling, Greeting 15
21. Blank Books 15
22. Calendars, Date: Desk and Wall 16
23. Certificate of Necessity 16
24. Correspondence and Liaison
With Committee 16
25. Form and Style of Work. 16
26. Forms, Standard, Procurement
of 17
27. Journals, Magazines, etc 17
28. Legal Requirements 17
29. Legality and Necessity 18
30. Central Printing and Publica-
tions Management Organization.. 18
31. Mailing Lists 18
32. Mailing: Self-Mailer Technique.. 19
33. Neglect, Delay, Duplication, or
Waste 19
34. Paper, Standardization of. 19
35. Printing Requirements From
Contracts 20
36. Printing Requirements From
Grants 20
37. Private or Commercial Work 21
Page
Title III—General Provisions—Con-
tinued
38. Publications, by Private Pub-
lishers 21
39. Publications, Free Distribution
of 21
40. Publications, Identification of.... 22
41. Publications, Sale of by Super-
intendent of Documents 22
42. Responsibility for Application '
and Enforcement of Regulations.. 22
43. Stationery, Embossed 23
44. Stationery, Personalized 23
45. Stationery: Sizes, Quality,
Weight, Printing Thereon, etc 23
46. Waiver, Purchase of Printing
by 23
47. Printing Facilities of Federal
Prison Industries, Inc 24
Title IV—Joint Committee on Print-
ing Report Forms:
48. No. 1—Printing Plants 27
49. No. 2—Commercial Printing 27
50. No. 3—Collators 28
51. No. 4—Map and/or Chart
Plants 28
52. No. 5—Inventory 28
53. No. 6—Stored Equipment 28
54. No. 7—Excess Equipment 29
55. Summary of Reports 29
Table I—Normal life of printing
equipment 30
Table II—Condition and evaluation
guide for printing equipment 31
Title V—Authorized Federal Plants:
56. Authorization . 33
Listing by departments 33
Listing by regions 41
Map, Federal Printing Regions 52
GPO Regional Printing Procure-
ment Offices 53
Title VI—Letters to Agencies and
Departments From JCP:
December 18,1978 56
February 15,1979 57
June 20,1983 58
March 13,1984 59
September 23,1985 60
March 13,1986 62
(v)
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TITLE I: DEFINITIONS
1-1. Printing.—The term "printing" as used in these regulations
shall be construed to include and apply to the processes of composi-
tion, platemaking, presswork, binding, and microform; the equip-
ment as classified in the tables in Title II and used in such process-
es; or the end items produced by such processes and equipment.
1-2. Composition.—Composition as used in these regulations ap-
plies to the setting of type by hot-metal casting, phototypesetting,
or electronic character generating devices for the purpose of pro-
ducing camera copy, negatives, a plate or image to be used in the
production of printing or microform.
1-3. Microform.—The term "microform," as used in these regu-
lations, applies to any product, produced in miniaturized image
format, for mass or general distribution and as a substitute for con-
ventionally printed material, but not including microfilming of ad-
ministrative records, accounting reports, or similar items.
2-1. Duplicating/Copying.—The term "duplicating/copying" as
used in these regulations means that material produced by use of
(a) equipment listed in column 2 of the equipment tables and (b)
duplicating equipment employing the lithographic process; and
automatic copy-processing or copier-duplicating machines employ-
ing electrostatic, thermal, or other copying processes: Provided,
That work exceeding 5,000 production units of any one page, and
work exceeding 25,000 production units in the aggregate of multi-
ple pages, shall not be done without prior authority of: (a) the
Central Printing and Publications Management Organization as
provided in paragraph 30 of these regulations; or (b) the Joint Com-
mittee on Printing.
2-2. A report shall be forwarded to the Committee not later than
30 days after the close of each quarter, listing individual jobs by
title, quantity (pages and copies), date, and where done, which
exceed either the 5,000 or 25,000 production units.
2-3. Microform Duplicating.—The term "Microform Duplicat-
ing," as used in these regulations, means the production of not
(1)
-------
more than 250 duplicates from original microform, as defined in
paragraph 7-2.
3. Department.—The term "department", as used in these regu-
lations, means any executive or military department or independ-
ent agency and temporary or permanent committees and commis-
sions of the Government.
4-1. Printing Plant.—The term "printing plant," as used in
these regulations, means any plant which produces "printing" as
defined in paragraph 1, owned or operated wholly or in part by the
Government or at Government expense, and shall include all such
plants located on property owned or controlled by the Government.
No printing plant shall be operated without prior authorization of
the Joint Committee on Printing. No plant shall be moved from
the building in which it was authorized for operation, or disestab-
lished, without prior authority of the committee. No printing plant
may be operated by a commercial contractor without prior approv-
al of the Joint Committee on Printing.
4-2. Authorized plants shall be equipped to produce only that
work which is not deemed to be commercially procurable. All work
that can be procured within the necessary time constraints, except
as provided in paragraph 49-2 of these regulations, will be forward-
ed to the Government Printing Office or its Regional Printing Pro-
curement Office, as the case may be, for commercial procurement
under contracts established for that purpose. Departments are re-
quired to solicit the opinion of the GPO as to the procurability of
their individual printing requirements.
4-3. Map and Chart Printing Plants.—These plants are author-
ized to produce multicolor flat and/or folded, maps and charts
without referral to GPO procurement offices. In-house production,
however, is limited to maps and charts, with all other supporting
publications to be procured commercially through the GPO unless
otherwise authorized by the Joint Committee on Printing. Only
those departments which are authorized to operate map and chart
printing plants have the option to procure map and chart work
directly from commercial sources or through GPO procurement
offices.
5. Government Printing Office Regional Printing Procurement
Office (GPO-RPPO).—This term means any office, established by
the Public Printer in accordance with Joint Committee on Printing
authorization, which shall procure Federal printing needs which
are determined to be commercially procurable. Except for orders
submitted to the GPO Central Office and those placed by depart-
ments on direct-deal contracts authorized by GPO, all orders must
-------
be forwarded to the nearest GPO-KPPO. The GPO-RPPO will de-
termine the area of bid competition, considering all factors, includ-
ing lead-time and transportation costs.
6. Federal Printing.—This term means all printing as defined in
paragraph 1 for the use of all departments, irrespective of the
place of production or procurement origin or ultimate end-use.
Determination as to where Federal printing is to be requisitioned
shall be made by the head of each department through a central
printing and publications management service, as defined in para-
graph 30, in accordance with the collective provisions provided in
paragraphs 4, 5, 28, and 46.
7-1. Production Unit.—A production unit means one sheet, size
8'/2 x 11 inches (215 x 280 mm), one side only, one color.
7-2. Microform Production Unit.—A production unit for micro-
form, for the purposes of these regulations, is defined as one roll of
microfilm 100 feet in length or one microfiche.
7-3. All production from presses of whatever size shall be com-
puted on the basis of the unit size of press multiplied by the
number of impressions obtained from the individual press con-
cerned. For example:
11 by 17 inches or less (10% x 14K
maximum image)
11 by 17 inches or less, tandem
(10% x 14V4 maximum image)
11 by 17 inches
14 by 20 inches
15 by 18 inches
11 by 17 inches, tandem
17 by 22 inches
Units
2
2
2
2
4
4
19 by 25 inches
22 by 29 inches
22 by 34 inches
23 by 36 inches
25 by 38 inches
23 by 36 inches, perfecting.,
34 by 44 inches
45 by 48 inches
42 by 58 inches
48 by 54 inches
Units
4
6
8
8
10
16
16
24
28
30
ENGLISH-METRIC CONVERSION TABLE
English
10%" X
11* X 17-
14" x 20*
15" x 18"
17- x 22*
19- x 25-
22- x 29"
Metric Equivalent
273 x 362 mm
279 x 432 mm
356 x 508 mm
381 x 457 mm
432 x 559 mm
483 x 635 mm
559 x 737 mm
English
22* x 34-
23" x 36-
25" x 38"
34" x 44"
45" x 48" 1143 x 1219 mm
42* x 58* 1067 x 1473 mm
48' x 54* 1219 x 1372 mm
Metric Equivalent
559 x 864 mm
584 x 914 mm
635 x 965 mm
864 x 1118 mm
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TITLE HI: GENERAL PROVISIONS
13. Advertisements, Commercial.—No Government publication
or other Government printed matter, prepared or produced with
either appropriated or nonappropriated funds or identified with an
activity of the Government, shall contain any advertisement insert-
ed by or for any private individual, firm, or corporation; or contain
material which implies in any manner that the Government en-
dorses or favors any specific commercial product, commodity, or
service.
The Committee is of the opinion that commercial advertising is
not a proper or authorized function of the Government. Such ad-
vertisements are unfair to those who do not so advertise in that,
whether intentionally or not, they are frequently made to appear
to have the sanction of the Government. Furthermore, the publica-
tion of such advertisements is unjust to the public in that the ad-
vertisers profit thereby at the expense of the Government, particu-
larly as a considerable number of the publications are circulated
free, at least in part, under Government frank. Advertising in Gov-
ernment publications is also unfair to the publishers of other peri-
odicals in that they generally cannot meet such competition, owing
to the great advantage possessed by a Government publication. An-
other reason for objecting is that advertisers are apt to use Govern-
ment periodicals for the purpose of currying favor with the officers
issuing the same or the special class among whom such publica-
tions are circulated. This is a temptation that the Government
ought not to encourage.
14. Art Signatures.—When the size of signatures on freehand art
is out of proportion or relation to the design, the copy is unaccept-
able and shall not be printed unless the signature is removed or
sufficiently reduced in size. Signatures of technical illustrators, de-
signers, typographers, or layout artists shall not be printed.
15. Courtesy Credit Lines.—Courtesy credit lines are permissible
only for uncopyrighted materials contributed or loaned by nongov-
ernmental parties. They shall be subordinate in size of type to that
of both text and legends for illustrations. When all materials have
(13)
-------
come from a single nongovernnient.nl source, credit lines shall be
given only in an undisplayed paragraph.
16-1. Publication Bylines.—The printing of Government employ-
ees' bylines in Government publications shall be confined to the
authors of the articles appearing therein, and to the photographers
who have originated the pictures contained therein. The authors'
and photographers' bylines shall be printed in exact juxtaposition
with the articles or pictures which they have created.
16-2. Publication Mastheads.—The printed mastheads of Gov-
ernment publications shall include the name of the publishing de-
partment or agency and its issuing bureau, branch, or office, to-
gether with the names of the department or agency head and the
head of the issuing bureau, branch, or office. Additional names
shall include only the names of the executive or managing editor,
sports editor, feature editor, photo editor, and art editor, or their
editorial equivalent officers by whatever title they are identified,
unless otherwise authorized by the Joint Committee on Printing.
17. Copyright Notices.—Copyright notices shall be subordinated
in size of type to that of both text and legends for illustrations.
When privately copyrighted material is reprinted in a Government
publication, notice of copyright is essential in order that the public
not be misled.
18-1. Color Printing.—The committee recognizes that printing
in two or more colors generally increases costs. Consequently, it is
the responsibility of the head of any department, independent
office or establishment of the Government to assure that all multi-
color printing shall contribute demonstrable value toward achiev-
ing a greater fulfillment of the ultimate end-purpose of whatever
printed item in which it is included.
18-2. Demonstrably valuable multicolor printing, for the purpose
of these regulations, includes th6 following categories:
(a) Maps and technical diagrams where additional color is nec-
essary for clarity.
(b) Object identification (medical specimens, diseases, plants,
flags, uniforms, etc.).
(c) Safety programs, fire prevention, savings bonds programs,
and competitive areas of personnel recruiting.
(d) Areas wherein clearly identifiable savings in costs can be
soundly predicated on multicolor use.
(e) Printing for programs required by law, whose relative suc-
cess or failure is in direct ratio to the degree of public
response, and where that response can be logically attrib-
14
-------
utable to the number of colors planned and the manner
in which they are proposed to be used.
(f) Color for promotional or motivational purposes such as
programs concerning public health, safety, consumer
benefits; or to encourage utilization of Government facili-
ties such as programs for Social Security, Medicare, and
certain areas of need for veterans would come within
this category.
18-3. Multicolor printing which does not meet the demonstrably
valuable contribution requirement of these regulations, includes
but is not exclusively limited to the following categories:
(a) Printed items wherein additional color is used primarily
for decorative effect.
(b) Printed items where additional color is used primarily in
lieu of effective layout and design.
(c) Printed items where additional color is used excessively,
i.e., four, colors when two or three will fulfill the need;
three colors when two are adequate; two colors when one
is adequate.
(d) Printed items wherein the inclusion of multicolor does not
reflect careful, competent advanced planning which rec-
ognizes the contribution the use of color is expected to
make to the ultimate end-purpose.
19. Illustrations.—Illustrations are to be used in Government
printed matter only when they:
(a) Relate entirely to the transaction of public business, and
are in the public interest.
(b) Relate directly to the subject matter and are necessary to
explain the text.
(c) Do not serve to aggrandize any individual.
(d) Are in good taste and do not offend proper sensibilities.
(e) Are restricted to the minimum size necessary to accom-
plish their purpose.
(f) Illustrate employees actually engaged in an act or service
related to their official duties.
20. Cards: Calling, Greeting.—Printing or engraving of calling or
greeting cards is considered to be personal rather than official and
shall not be done at Government expense.
21. Blank Books.—Blank books not available through General
Services Administration but regularly carried in stock by commer-
cial dealers and which require no printing and/or binding oper-
ation after receipt of order may be procured without obtaining a
waiver from the Government Printing Office: Provided, That no
15
-------
order or orders for each type of blank book exceeds $500 in any one
year.
22-1. Calendars, Date: Desk and Wall.—Standardized Govern-
ment desk and wall calendars are the only calendars which depart-
ments are authorized to obtain at Government expense, and shall
be ordered from the General Services Administration.
22-2. Style, size, and format of the standardized wall calendar, to
be procured from the Government Printing Office, shall be subject
to approval of the Joint Committee on Printing.
Schedule and appointment sheets are not considered to be calen-
dars.
23. Certificate of Necessity.—Section 1103, title 44, United
States Code:
When a department, the Supreme Court, or the Library of Congress requires
printing or binding to be done, it shall certify that it is necessary for the public
service.. . .
24-1. Correspondence and Liaison With Committee.—All offi-
cial correspondence for the consideration of the Joint Committee
on Printing is to be signed by the head of the department or a
formally designated official. The Committee shall be notified in
writing by the head of the department of any official so designated.
In order to ensure prompt delivery, all official correspondence
should be addressed as follows:
Chairman, Joint Committee on Printing
U.S. Senate Post Office
Washington, DC 20510-6606
24-2. All matters pertaining to printing (composition, platemak-
ing, presswork, binding, and microform), and the distribution of
printed matter, shall be referred to the Committee by and through
one designated source in each department.
25. Form and Style of Work for Departments.—The head of
each department shall cause printing and binding for general use
to be standardized. With respect to printing which is requisitioned
from the Government Printing Office, attention is again directed to
section 1105, title 44, United States Code, which provides that—
The Public Printer shall determine the form and style in which the printing or
binding ordered by a department is executed, and the material and the size of type
used, having proper regard to economy, workmanship, and the purposes for which
the work is needed.
The Government Printing Office Style Manual, approved by the
Joint Committee on Printing, was specifically compiled and pub-
lished to meet the requirements of this law. It is the opinion of the
16
-------
committee that deviations therefrom generally constitute a waste
in public printing and binding.
26-1. Forms, Standard, Approval and Procurement of.—Stand-
ard forms are subject to the approval of the General Services Ad-
ministration, or, in certain cases, the General Accounting Office or
other responsible agency.
26-2. Stock standard forms shall be obtained from the Federal
Supply Service (FSS) unless otherwise authorized by the General
Services Administration. Deviations from stock standard forms
shall be submitted to the FSS for approval prior to procurement
through the Government Printing Office.
27-1. Journals, Magazines, Periodicals, and Similar Publica-
tions.—The committee invites attention to section 1108, title 44,
United States Code, relating to periodicals which reads as follows:
The head of an executive department, independent agency or establishment of the
Government, with the approval of the President, may use from the appropriations
available for printing and binding such sums as are necessary for the printing of
journals, magazines, periodicals, and similar publications he certifies in writing to
be necessary in the transaction of the public business required by law of the depart-
ment, office, or establishment. There may be printed, in addition to those necessary
for the public business, not to exceed two thousand copies for free distribution by
the issuing department, office, or establishment. The Public Printer, subject to regu-
lation by the Joint Committee on Printing, shall print additional copies required for
sale to the public by the Superintendent of Documents; but the printing of these
additional copies may not interfere with the prompt execution of printing for the
Government
27-2. The term "journals, magazines, periodicals, and similar
publications", as used in above section, shall be construed as not
applying to strictly administrative reports, memoranda, and simi-
lar materials, or to strictly statistical materials, and information
required exclusively for the official use of the issuing office or serv-
ice in' the transaction of its routine business. Such information
shall be construed as being required exclusively for the use of the
issuing office or service in the transaction of its routine business if
not more than 2,000 copies, or not more than 10 percent of the
total quantity printed, whichever is lesser, are for free distribution
to other than the issuing department, office, or establishment, its
official established auxiliary organizations, and other individuals
and organizations required to be kept informed in the transaction
of the routine business of the department, office, or establishment.
28. Legal Requirements.—Sections 501 and 502, title 44, United
States Code:
SEC. 501. All printing, binding, and blank-book work for Congress, the Executive
Office, the Judiciary, other than the Supreme Court of the United States, and every
17
-------
executive department., independent office and establishment of the Government,
shall be done at the Government Printing Office, except—
(1) classes of work the Joint Committee on Printing considers to be urgent or
necessary to have done elsewhere; and
(2) printing in field printing plants operated by an executive department, in-
dependent office or establishment, and the procurement of printing by an exec-
utive department, independent office or establishment from allotments for con-
tract field printing, if approved by the Joint Committee on Printing.
Printing or binding may be done at the Government Printing Office only when
authorized by law.
SEC. 502. Printing, binding, and blank-book work authorized by law, which the
Public Printer is not able or equipped to do at the Government Printing Office, may
be produced elsewhere under contracts made by him with the approval of the Joint
Committee on Printing.
29. Legality and Necessity.—No printing, binding, or blank-book
work shall be done at the Government Printing Office or at any
other printing or binding office, plant, or school of the Government
unless authorized by law. (See sees. 501 and 1123, title 44, U.S.C.)
All printed matter issued shall be devoted to the work which the
branch or officer of the Government issuing the same is required
by law to undertake, and shall not contain matter which is unnec-
essary in the transaction of the public business or matter relating
to work which any other branch of the Government service is au-
thorized to perform. (See sees. 1102, 1113, and 1118, title 44, U.S.C.)
30. Central Printing and Publications Management Organiza-
tion.—Heads of departments shall maintain under their direct su-
pervision a central printing and publications management organi-
zation with responsibility for the conduct of a coordinated program
controlling the development, production, procurement or distribu-
tion of materials through the utilization of conventional printing
and binding methods or through the utilization of multiple copy
microform methods. The central printing and publications manage-
ment organization also will maintain responsibility and control of
duplicating equipment and automatic copy-processing or copier-
duplicating machines, as identified in column 2 of the equipment
tables. (Please see JCP letter of February 15, 1979, on p. 57.)
31. Mailing Lists.—All departments shall make necessary revi-
sions in their mailing lists at least once each year in order to elimi-
nate waste in Government funds caused by publications being im-
properly addressed or mailed to persons no longer desiring them.
This method of revision shall require that persons receiving publi-
cations indicate that they wish to continue receiving the publica-
tion. Failure to reply to a mailing list revision request shall require
the elimination of the addressee from the mailing list unless it is
necessary in the conduct of official business to continue mailing
publications to the addressee. It is the judgment of the Joint Com-
18
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mittee on Printing that the use of titles on mailing lists in lieu of
names will reduce the cost of list maintenance.
32. Mailing: Self-Mailer Technique.—The penalty or postage in-
dicia and mailing address shall be imprinted directly upon printed
materials rather than using separate envelopes for mailing when-
ever such technique will prove feasible and economical, and in
accordance with existing postal regulations.
33. Neglect, Delay, Duplication, or Waste.—The attention of the
Committee should be promptly called to "any neglect, delay, dupli-
cation, or waste in the public printing and binding and the distri-
bution of Government publications."
34-1. Paper, Standardization of.—The Committee invites atten-
tion to section 509, title 44, United States Code, relating to stand-
ards of paper, which reads as follows:
The Joint Committee on Printing shall fix upon standards of paper for the differ-
ent descriptions of public printing and binding, and the Public Printer, under their
direction, shall advertise in six newspapers or trade journals, published in different
cities, for sealed proposals to furnish the Government with paper, as specified in the
schedule to be furnished applicants by the Public Printer, setting forth in detail the
quality and quantities required for the public printing. The Public Printer shall fur-
nish samples of the standard of papers fixed upon to applicants who desire to bid.
34-2. The "Government Paper Specification Standards" estab-
lishes specification standards of paper for the public printing and
binding for the U.S. Government, including paper to be used on
copying and duplicating devices as defined in paragraph 2. Unless
otherwise authorized by the Joint Committee on Printing, these
specifications and standards are mandatory for use by the depart-
ments of the Government in the preparation of procurement docu-
ments for paper stocks and in specifying paper stocks to be used in
printing, binding, or duplicating. It is the opinion of the Committee
that types, grades, or weights, other than those given under these
standards generally constitute waste in public printing, and it is di-
rected that the procurement or use of such paper types, grades, or
weights, for printing, binding, or duplicating be discontinued.
34-3. Semiannual and annual contracts for paper, in general, are
not in the best interests of the Government. Such procurement
practices should be used only when savings in costs are clearly
demonstrable.
34-4. The Public Printer is authorized and directed to furnish at
cost to the departments such copies of these standards, and stand-
ard samples, as they may require in the transaction of the public
business.
19
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35-1. Printing Requirements Resulting From Contracts for
Equipment and Services.—The Joint Committee on Printing does
not intend that contractors shall become prime or substantial
sources of printing for departments or agencies. Therefore, the in-
clusion of printing, as defined in paragraph 1, within contracts for
the manufacture and/or operation of equipment and for services
such as architectural, engineering, and research, is prohibited
unless authorized by the Joint Committee on Printing.
35-2. This regulation does not preclude the procurement of writ-
ing, editing, preparation of manuscript copy, or preparation of re-
lated illustrative material as a part of contracts; or administrative
printing, e.g., forms and instructional materials necessary to be
used by the contractor to respond to the terms of a contract. Nor
does it preclude recording manuscript copy in digital form for type-
setting purposes provided coding instructions have been approved
by the Central Printing and Publications Management Office. How-
ever, the printing of such material for the Government must be
accomplished in accordance with printing laws and regulations.
35-3. A requirement for a contractor to duplicate less than 5,000
units of only one page, or less than 25,000 units in the aggregate of
multiple pages for the use of a department or agency, will not be
deemed to be printing primarily or substantially for a department
or agency. For the purpose of this paragraph, such pages may not
exceed a maximum image size of 103/4 by 14 V4 inches.
35-4. A requirement for a contractor to produce or procure less
than 250 duplicates from original microform, as defined in para-
graph 7-2, will not be deemed to be printing primarily or substan-
tially for a department or agency.
36-1. Printing Requirements Resulting From Grants.—The
Joint Committee on Printing does not intend that grantees shall
become prime or substantial sources of printing for the use of de-
partments and agencies. Therefore, the inclusion of printing, as de-
fined in paragraph 1, within grants is prohibited unless authorized
by the Joint Committee on Printing.
36-2. This regulation does not preclude—
(a) The issuance of grants by any department or agency for
the support of nongovernment publications, provided
such grants were issued pursuant to an authorization of
law and were not made primarily or substantially for the
purpose of having material printed for the use of any de-
partment or agency.
(b) The publication of findings by grantees within the terms of
their grants provided that such publication is not pri-
20
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marily or substantially for the purpose of having such
findings printed for the use of a department or agency.
(c) The initiation by departments and agencies of the procure-
ment of writing, editing, preparation of manuscript copy,
or preparation of related illustrative material from
grantees; or the administrative printing requirements of
the grantee required to respond to the terms of the
grant. Nor does it preclude recording manuscript copy in
digital form for typesetting purposes provided coding in-
structions have been approved by the Central Printing
and Publications Management Office. However, the
printing of such material for the Government must be
accomplished in accordance with printing laws and
regulations.
36-3. A requirement for a grantee to duplicate less than 5,000
units of only one page, or less than 25,000 units in the aggregate of
multiple pages of his findings for the use of a department or
agency, will not be deemed to be printing primarily or substantial-
ly for a department or agency. For the purpose of this paragraph,
such pages may not exceed a maximum image size of 10% by 14 Vi
inches.
36-4. A requirement for a grantee to produce or procure less
than 250 duplicates from original microform, as defined in para-
graph 7-2, will not be deemed to be printing primarily or substan-
tially for a department or age.ncy.
37. Private or Commercial Work.—No work of a private or com-
mercial nature may be accomplished at any Government plant
even though the Government is reimbursed therefor. (See sees.
1102 and 1118, title 44, U.S.C.)
38. Publications, by Private Publishers.—When a department
uses appropriated funds to create information for publication, the
printing and binding of that information is subject to the provi-
sions of sections 103 and 501 of title 44, United States Code, and it
shall not be made available to a private publisher for initial pub-
lication without the prior approval of the Joint Committee on
Printing.
39-1. Publications, Free Distribution of.—Departments shall not
make free distribution of any publication to any private individual
or private organization in quantities exceeding 50 copies without
prior approval of the Joint Committee on Printing. This quantity
limitation shall not apply when the production cost of the publica-
tion to be distributed is less than $100.
21
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39-2. Requests for Committee approval shall list the name of the
publication, the name of the person or organization desiring the
same, and the number of copies desired.
39-3. This restriction includes the free distribution in bulk of
any material to private individuals or organizations for redistribu-
tion to names on their mailing lists. Committee approval is not re-
quired when the initiative for distribution through nongovernmen-
tal facilities is taken by departments. (See also sec. 3204, title 39,
U.S.C.)
40. Publications, Identification of.—All documents and publica-
tions printed at Government expense shall have printed thereon
the name of the branch, bureau, department, or office of the Gov-
ernment responsible for publishing the same, the date of issuance,
the title, subtitle, and series title and number when applicable.
41-1. Publications, Sale of by Superintendent of Documents.—
The Superintendent of Documents will sell only those publications
printed by the Government Printing Office or ordered printed
through the Government Printing Office or the Government Print-
ing Office Regional Printing Procurement Offices. This restriction
on sale shall not affect the continued Catalog listing by the Super-
intendent of Documents of publications which are not printed by or
ordered printed through the Government Printing Office. Nothing
in this paragraph shall be construed as modifying or repealing pro-
visions of sections 1702, 1711, and 1720 of title 44, United States
Code.
41-2. Section 1902, title 44, United States Code provides:
Government publications, except those determined by their issuing components to
be required for official use only or for strictly administrative or operational pur-
poses which have no public interest or educational value and publications classified
for reasons of national security, shall be made available to depository libraries
through the facilities of the Superintendent of Documents for public information.
Each component of the Government shall furnish the Superintendent of Documents
a list of such publications it issued during the previous month, that were obtained
from sources other than the Government Printing Office.
To meet the requirement of Monthly Catalog listing of Government
publications by the Superintendent of Documents, each agency
printing officer shall forward two copies of those types of Govern-
ment publications cited in section 1902, title 44, United States
Code, which are produced or procured through other than GPO
sources to the Director, Library Programs Service (SL), Govern-
ment Printing Office, Washington, DC 20401.
42. Responsibility for Application and Enforcement of Regula-
tions.—The head of each department is responsible for the applica-
tion and enforcement of these regulations and other applicable reg-
22
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ulations and legislative provisions. (Please see JCP letter of Febru-
ary 15, 1979, on p. 57.)
43-1. Stationery, Embossed.—The Public Printer may furnish,
upon requisition, to the President of the United States, members of
his Cabinet, and the Department of State (for diplomatic corre-
spondence exclusively), such quantities of embossed stationery as
may be necessary for official use. The Comptroller General, the Li-
brarian of Congress, the Public Printer, the head of each perma-
nent commission, independent establishment or board, and the
judges of the U.S. Courts may requisition embossed noteheads or
letterheads not to exceed 5,000 copies in the aggregate, and enve-
lopes therefor in any one fiscal year: Provided, That greater quanti-
ties may be furnished upon the approval of the Joint Committee on
Printing. The Public Printer shall not honor requests from any
Government activity for embossing second sheets or other than
standard-size envelopes. No embossed stationery other than listed
above shall be produced or procured at Government expense unless
authorized by the Joint Committee on Printing.
43-2. The provisions apply also to thermographic printing.
44. Stationery, Personalized.—The printing of names of officers
or officials of the executive or judicial branches of the Government
on official stationery, and preprinted mastheads may be accom-
plished only after approval by the Joint Committee on Printing.
Addresses and telephone numbers should be omitted in order to
allow greater distribution and prevent the creation of "frozen"
stocks frequently caused by changes. The Committee directs that
no personalized second sheets shall be produced or procured at
Government expense.
45. Stationery: Sizes, Quality, Weight, Printing Thereon, etc.—
The Committee directs attention to the Federal Property Man-
agement Regulation which prescribes standards (sizes, grades and
weights of paper, and colors of ink and paper) to be used for print-
ing stationery and envelopes for official Government correspond-
ence.
46-1. Waiver, Purchase of Printing by.—Section 504, title 44,
United States Code provides:
The Joint Committee on Printing may permit the Public Printer to authorize an
executive department, independent office, or establishment of the Government to
purchase direct for its use such printing, binding, and blank-book work, otherwise
authorized by law, as the Government Printing Office is not able or suitably
equipped to execute or as may be more economically or in the better interest of the
Government executed elsewhere.
23
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46-2. Pursuant to the above, the Public Printer is permitted to
return to any department of the Government any written requisi-
tion for printing, binding, and blank-book work, otherwise author-
ized by law, as in his opinion he is neither able nor suitably
equipped to execute or which may be more economically, or in the
better interest of the Government, procured elsewhere than at the
Government Printing Office or one of the Government Printing
Office Regional Printing Procurement Offices. In all such instances
he is hereby permitted to authorize such Government activity to
procure the work direct from other sources. Such waiver, when
granted, shall not be construed as an exemption from the provi-
sions of these regulations. Upon all such returned requisitions the
Public Printer shall endorse a statement that the action taken is in
accordance with the provisions of section 504, title 44, United
States Code.
46-3. All procurement by waiver must be identified by number
and date of issuance and reported on JCP Form No. 2, "Commer-
cial Printing Report."
46-4. No department requisitioning printing from the Govern-•
ment Printing Office or one of the Government Printing Office Re-
gional Printing Procurement Offices shall anticipate the release of
any requisition for direct procurement, until so advised by the
Public Printer.
47. Printing Facilities of Federal Prison Industries, Inc.—These
facilities may be used for the production of unclassified printing.
Printing services are available at the following seven locations 2
and may be used by sending a purchase order direct to any one of
them:
c/o Warden; Federal Correctional Institution
Lompoc, CA 93436
c/o Warden; Federal Correctional Institution
Leavenworth, KS 66048
c/o Warden; Federal Correctional Institution
Lexington, KY 40511-8799
c/o Warden; Federal Correctional Institution
Sandstone, MN 55072
c/o Warden; Federal Correctional Institution
Ray Brook, NY 12977
c/o Warden; Federal Correctional Institution
Fort Worth, TX 76119-5996
2 Since the printing of the 1977 regulations, one plant was deauthorized, and six were added
to the Federal Prisons Industries, Inc. There is a printing plant in Ashland, KY, but it is for
training only.
24
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c/o Warden; Federal Correctional Institution
Petersburg, VA 23804-1000
Where the form of purchase order contains the Convict Labor
clause that clause should be deleted.
25
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Paper Standardization
-------
EXCERPT FROM
TITLE 44 U.S. CODE
§ 509. Standards of paper; advertisements for propos-
als; samples
The Joint Committee on Printing shall fix
upon standards of paper for the different de-
scriptions of public printing and binding, and
the Public Printer, under their direction, shall
advertise in six newspapers or trade journals,
published in different cities, for sealed propos-
als to furnish the Government with paper, as
specified in the schedule to be furnished appli-
cants by the Public Printer, setting forth in
detail the quality and quantities required for
the public printing. The Public Printer shall
furnish samples of the standard of papers fixed
upon to applicants who desire to bid.
(Pub. L. 90-620, Oct. 22,1968, 82 Stat. 1244.)
HISTORICAL AND REVISION NOTES
Based on 44 UJS. Code, 1964 ed., § 5 (Jan. 12, 1895,
ch. 23, § 3, 28 Stat. 601; Mar. 3, 1925, ch. 421, § 1, 43
Stat. 1105).
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 515, 1121 of
this title.
Printed on RocycM White Oiftot. SO *>.
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EXCERPT FROM
JOINT COMMITTEE ON PRINTING REGULATIONS
34-1. Paper, Standardization of.—The Committee invites atten-
tion to section 509, title 44, United States Code, relating to stand-
ards of paper, which reads as follows:
The Joint Committee on Printing shall fix upon standards of paper for the differ-
ent descriptions of public printing and binding, and the Public Printer, under their
direction, shall advertise in six newspapers or trade journals, published in different
cities, for sealed proposals to furnish the Government with paper, as specified in the
schedule to be furnished applicants by the Public Printer, setting forth in detail the
quality and quantities required for the public printing. The Public Printer shall fur-
nish samples of the standard of papers fixed upon to applicants who desire to bid.
34-2. The "Government Paper Specification Standards" estab-
lishes specification standards of paper for the public printing and
binding for the U.S. Government, including paper to be used on
copying and duplicating devices as defined in paragraph 2. Unless
otherwise authorized by the Joint Committee on Printing, these
specifications and standards are mandatory for use by the depart-
ments of the Government in ,the preparation of procurement docu-
ments for paper stocks and in specifying paper stocks to be used in
printing, binding, or duplicating. It is the opinion of the Committee
that types, grades, or weights, othe^ than those given under these
standards generally constitute waste in public printing, and it is di-
rected that the procurement or use of such paper types, grades, or
weights, for printing, binding, or duplicating be discontinued.
34-3. Semiannual and annual contracts for paper, in general, are
not in the best interests of the Government. Such procurement
practices should be used only when savings in costs are clearly
demonstrable.
34-4. The Public Printer is authorized and directed to furnish at
cost to the departments such copies of these standards, and stand-
ard samples, as they may require in the transaction of the public
business.
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Use of Recycled Paper/
40 CFR Part 250
-------
Wednesday
June 22, 1988
Part VII
Environmental
Protection Agency
40 CFR Part 250
Guideline for Federal Procurement of
Paper and Paper Products Containing
Recovered Materials; Final Rule
Printed on ftocycbd White OKtot. 60 tb.
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23546
Federal Register / Vol. 53, No. 120 / Wednesday. June 22. 1988 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 250
[SWH-FRL338S-7]
Guideline for Federal Procurement of
Paper and Paper Products Containing
Recovered Materials
AGENCY: U.S. Environmental Protection
Agency.
ACTION: Final rule.
SUMMARY: The Environmental Protection
Agency (EPA) today is issuing a revised
guideline for Federal procurement of
paper and paper products containing
recovered materials. The revised
guideline supersedes the final paper
procurement guideline promulgated by
EPA on October 6,1987 (52 FR 37293). It
provides for the use of postconsumer
recovered materials in most grades of
paper; in the case of printing and writing
papers, it provides for the use of waste
paper, while in the case of cotton fiber
papers, it provides for the nse of
recovered materials.
The guideline implements Section
6002(e) of the Resource Conservation
and Recovery Act of 1970 (RCRA), as
amended, which requires EPA (1) to
designate items which can be produced
with recovered materials and (2) to .
prepare guidelines to assist procuring
agencies in complying with the
requirements of Section 6002. Once EPA
has designated an item, Section 6002
requires that any procuring agency using
appropriated Federal funds to procure
that item must purchase such items
containing the highest percentage of
recovered materials practicable.
This guideline designates paper and
paper products as items for which the
procurement requirements of RCRA
Section 6002 apply. The guideline also
contains recommendations for
implementing the Section 6002
procurement requirements, as well as
the requirements to revise
specifications. Revisions to the guideline
recommend the use of specific minimum
content standards, define "waste paper*'
and "cotton fiber content papers." and
make recommendations regarding data
gathering to meet the annual review and
monitoring requirement.
EFFECTIVE DATES: The revised guideline
is effective June 22.1988. Procuring
agencies must implement the
requirements of RCRA Section 6002 with
respect to procurement of paper and
paper products according to the
following schedule:
Completion of specification revisions
and development of affirmative
procurement programs: June 22.1989.
Commencement of procurement of
paper and paper products in accordance
with RCRA Section 6002: June 22,1989.
ADDRESS: The public docket for this
guideline may be inspected in Room LG-
100. U.S. EPA. 401M Street. SW,
Washington, DC from 9:00 am to 4:00
pm, Monday through Friday, excluding
holidays. To review docket materials,
the public must make an appointment by
calling (202) 475-9327. Materials may be
copied from any regulatory docket at a
cost of 15 cents per page. Copying
totaling less than $15 is free.
FOR FURTHER INFORMATION CONTACT:
RCRA Hotline, toll-free, at (800) 424-
9346 or at (202) 382-3000. For technical
information, contact William Sanjour,.
Office of Solid Waste, WH-563, U.S.
EPA, 401M Street, SW., Washington*
DC 20480, telephone: (202) 382-4501
SUPPLEMENTARY INFORMATION:
Preamble Outline
I. Authority
II. Introduction
A. Purpose and Scope
, 8. Requirements of Section 6002
C. Rationale ft* Selecting Paper and Paper
Products Containing Recovered Materials
•tor a Procurement Guideline
HI Background Information on Using Recov-
ered Materials in Paper and Paper Products
A. Introduction
B. Use of Recovered Materials in Paper and
Paper Products
C. Recovered Materials
0. Performance
1. Printing/Writing Papers
2. Fiber Boxes
E. Major Federal Purchasers
IV. Discussion of Guideline
A. Purpose and Scope
B. Applicability
1. Procuring Agencies
2. Direct Purchases
3. Indirect Purchases
4. The $10,000 Threshold
5. Functionally Equivalent Items
C. Requirements vs. Recommendations
D. Organization of the Revised Guideline
E. Definitions
1. "Paperboard"
2. "Practicable"
3. "Waste Paper"
4. "Mill Broke"
5. "Cotton Fiber"
F. Specifications
1. General
a. Federal agencies
b. Procuring agencies
2. Recommendations
3. Exclusion of Products That I
Meet Performance Standards
4. Specifications Related to Aesthetics
5. New Specifications
G. Affirmative Procurement Program
1. Recovered Materials Preference Pro-
gram
a. Case-by-case approach
b. Minimum content standards
(1) Legal considerations
f (2) Methods for establishing minimum
content standards
(3) Basis of recommended minimum
content standards
(4) Archival papers
2. Promotion Program
3. Estimation, Certification, and Verifica-
tion
• a. Estimation
b. Certification
c. Verification
4. Annual Review and Monitoring
V. Price, Competition, Availability, and Per-
formance
. A. Price
- B. Competition
C. Availability
D. Performance
Vt Implementation
VU Summary of Supporting Analyses
'A. General
B. Environmental and Energy Impacts
C. Volume Reduction and Cost Imp
Reducing Paper Disposal in Landfil
D. Executive Order No. 12291
E. Regulatory Flexibility Act
I. Authority
This revised guideline is issued under
the authority of Sections 2002(a) and
6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation
and Recovery Act of 1976. as amended.
42 U.S.C. 6912(a) and 6962.
IL Introduction
A. Purpose and Scope
The Environmental Protection Agency
(EPA) today is revising the final paper
procurement guideline, which is one in a
series of guidelines designed to
encourage the use of products
containing materials recovered from
solid waste. Section 6002 of the
Resource Conservation and Recovery
Act of 1976. as amended ("RCRA" or
"Act"), 42 U.S.C. 6962, states that if a
Federal, State, or local procuring agency
uses Federal funds to purchase certain
designated items, such items must t
composed of the highest percentag
recovered materials practicable. E*
required to designate such items and to
prepare guidelines to assist procuring
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Federal Register / Vol. 53. No. 120 / Wednesday, June 22, 1988 / Rules and Regulations 23547
agencies in complying with the
Jquirements of Section 6002.
EPA issued the first of these
uidelines, for cement and concrete
containing fly ash, on January 28,1983
(48 FR 4230:40 CFR Part 249). A second
guideline, for paper and paper products
containing recovered materials, was
issued on October 6,1987 (52 FR 37293;
40 CFR Part 250); EPA concurrently
proposed minimum recovered materials
content standards for paper and paper
products. A third guideline, for asphalt
materials containing ground tire rubber,
was proposed on February 20,1986 (51
FR 6202). A fourth guideline, for engine
lubricating oils, hydraulic fluids, and
gear oils containing re-refined oils, was
proposed on October 19,1987 (52 FR
38838). EPA also proposed a guideline
for procurement of retread tires on May
2,1988 (53 FR 15624).
Today EPA is revising the final
guideline for paper and paper products
to incorporate the proposed •
amendments. Because EPA is changing
its recommendation for the preference
program component of the affirmative
procurement program and this change
affects all other requirements^and
recommendations,' the revised guideline
supersede* the previous (October 6,
"987) final guideline. Note that most
provisions of the October 6,1987 final
[uideline are not changed in the revised
tinal guideline; EPA is including a
discussion of these provisions in the
preamble today as a convenience to the
reader.
B. Requirements of Section 6002
Section 6002 of the Act, "Federal
Procurement," directs all procuring
agencies that use Federal funds to
procure items that contain the highest
percentage of recovered materials
practicable, and in the case of paper,
Postconsumer recovered materials,
Provided that reasonable levels of
competition, cost, availability, and
technical performance are maintained.
Two factors trigger this requirement.
First, EPA must designate items to
which this requirement applies. Second,
*e requirement applies only when the
Purchase price of the item exceeds
*10,000 or when the quantity of such
items or of functionally equivalent items
purchased or acquired in the course of
the preceding fiscal year was $10,000 or
more.
Section 6002(c) requires procuring
agencies to obtain from suppliers an
"jSlimate of and certification regarding
he percentage of recovered materials
iontained in their products.
Federal agencies responsible for
drafting or reviewing specifications for
Procurement items were required under
Section 6002(d)(l) to review and revise
the specifications by May 8,1986 in
order to eliminate both exclusions of
recovered materials and requirements
that items be manufactured from virgin
materials. In addition, within one year
after the .date of publication, of a,
procurement guideline by EPA,'the
Federal agencies must revise their
specifications to require the use of
recovered materials in such items to the
maximum extent possible without
affecting the intended use of the item.
Section 501 of the Hazardous and
Solid Waste Amendments of 1984 (Pub.
L 98-616) added paragraph (i) to Section
6002 of RCRA. This provision requires
procuring agencies to develop an
affirmative procurement program for
procuring items designated by EPA. The
program must assure that'items
composed of recovered materials will be
purchased to the maximum extent
practicable! be consistent with
applicable provisions of Federal
procurement law, and contain at least
four elements:
(1) A recovered materials preference
program; .
(2) An agency promotion program;
(3) A program for requiring estimates,
certification, and Verification of
recovered material content; and
(4) Annual review and monitoring of
the effectiveness of the procurement
program. • • •
Under Section 6002(e). EPA is required
to issue guidelines for use by procuring
agencies in complying with the
requirements of Section 6002. The EPA
guidelines must provide
recommendations for procurement
practices and information on
availability, relative price, and
performance.
C. Rationale for Selecting Paper and
Paper Products Containing Recovered
Materials for a Procurement Guideline
In the preamble to the fly ash
guideline, EPA established criteria for
the selection of procurement items for
which guidelines will be prepared.
Section 6002(e) of RCRA specifically
directs the EPA Administrator to issue a
procurement guideline for paper,
however. The term "paper" is construed
by EPA to include paperboard and
paper products also. Since Congress
already has selected paper and paper
products as appropriate subjects for a
procurement guideline, it is not
necessary for EPA to determine that
they are an appropriate subject for a
guideline nor to demonstrate that paper
and paper products satisfy the EPA
criteria.
HI. Background Information on Using
Recovered Materials in Paper and Paper
Products
A. Introduction
In 1986, about 80 million tons of paper
and paper products were consumed in
the U.S.A., of which about 21.6 million
tons were recovered for recycling and
about 50 million tons were disposed of.
primarily in municipal solid waste
landfills. This is about half of all
manufactured product waste appearing
in municipal solid waste and about 35
percent of all municipal solid waste
discarded (principally from households,
commercial businesses, and
institutions). By any measure, paper and
paper products constitute a major
portion of solid waste in this country.
The nation spends more than $9
• billion annually on solid waste disposal.
Most communities are running put of
landfill capacity, and the siting of new
landfills has become very difficult. Thus,
activity to promote recovery and reuse_
of paper and paper products is a matter
of national priority both to reduce the
Qost of disposal and to.extend the life of
existing landfills.
It should be noted,- however, that
paper and paper product-disposal is not
known to be a significant threat to
human health or the environment as the
wastes are generally nonhazardous in
character Thus, while the disposal of
paper does not present an urgent need
for immediate solution from the health
and environment viewpoint, it is being
addressed because many areas of the
U.S. are running out of disposal options
for all wastes and face serious crises
unless the solid waste streams can be
reduced and/or disposed of in an
acceptable manner.
B. Use of Recovered Materials in Paper
and Paper Products
Within the paper industry and its
suppliers, discarded paper recovered for
use in manufacturing processes is called
waste paper, recyclable paper, or paper
stock. It is often kept separate from
mixed refuse at the businesses and
residences where it is discarded. For
example, businesses may separate and
bale used corrugated containers to be
picked up by a waste paper dealer, and
people may separate newspapers in
their homes to be donated to a local
paper drive for a charity. Some
businesses and institutions separate
office papers in office buildings by
means of a desk top sorting container or
other ways. Waste paper that is
separated and collected is then
customarily transferred to a waste paper
dealer,-who prepares the paper for
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23548 federal Register /Vol. 53. NoV 120 /Wednesday, )urie 22. 1988 / Rale3 and Regulations
shipment by baling or other means, and
sells the waste paper to a paper mill.
. At the paper mill, waste paper is
mixed with water in a large vessel with
rotating beaters at the bottom similar to
but larger than a kitchen blender. The
beating process separates the paper
fibers and forms a slurry pulp. This
recycled pulp is similar in appearance, to
virgin pulp prepared from wood.
Recycled pulp is then cleaned and
washed as necessary. In some recycling
processes, the recycled pulp is washed
with chemicals to remove inks.
adhesive^, and other contaminants. This
process is referred .to within the paper
industry as "deinking". After deinking,
the recycled pulp is equivalent to virgin
pulp. Bothi recycled and virgin pulps are
•formed into paper and paper products in
a similar fashion* * - • •. . •••'
. Paper products are manufactured from
either virgin or recovered materials, or '
combinations of the two, by various
manufacturers. Tests have shown, that
for a given product grade there is a wide
variation in all measurable . • j ' .
characteristics depending on (particular
manufacturers or particular production 4
runs at'a given mill; Products from both
virgin and recovered'materials generally
fall into the.same range of variability
and frequently, they cannot be
distinguished by the typical end user.
-~H6wev.er. recycled paper'fibers do
•tend to be. shorter than virg|n:fibers
becanse'ofthe^recyiclingprocess. The .
'shor^-fibers^may.cause recycled paperto
be weaki^-Aanaif otherwise equivalent
virgin sheet;; but the. sheet will also have
a higher opacity. In paperboard
products, the recycled grade is
sometimes produced at a somewhat
higher caliper (thickness) than the
equivalent virgin fiber product to ensure
similar performance characteristics.
Paper and paperboard manufacturers
can generally manufacture products that
meet customer specifications by taking
into account the characteristics of paper
made from recovered material. For some
products the recycled Tiber
characteristics are preferred; for most
there need not be any differences
distinguishable by the end user.
1 Some recycled fiber is derived from
paper containing printing, or from paper
that has other materials such as coatings
or adhesives on it. Paper made from "
these'recovered materials sometimes
does not have quite the same
appearance as virgin paper. It is not
quite as bright, or as white, or has a
grayish or bluish tint, and it is '
sometimes speckled in appearance.
Recycled paper manufacturers can
bleach and brighten the paper and clean
contaminants from the pulp. Coatings
can also be added to the paper surface
to enhance its "whiteness" and
".brightness". These processes allow
paper made from recovered materials to
meet customer specifications.
EPA concludes that as a general rule,
paper containing recovered materials
can be manufactured to meet customer
specifications. Commenters have
questioned whether paper made from
recovered materials is always available
at all locations at a reasonable price.
This concern is addressed later in this
preamble.
C. Recovered Materials
As previpusTy,explained. RCRA
requires EPA to designate items which
can be produced with "recovered .
materials." Section 6002(h) of RCRA
divides the universe of recovered paper
materials into (1) postconsumer
materials and (2) manufacturing, forest
residues, and other wastes. .
Postconsumer materials are items which
have passed through their, end-usage as
a consumer item and would include old
newspapers, magazines, used
corrugated containers, and office waste
paper. The Hazardous and Solid Waste
Amendments of 1984, amended Section
6002 to require that, in the case of paper.
the guideline would maximize the use of
postconsumer recovered material.
The second category of recovered
paper materials under RCRA— •'
manufacturing, forest residues, and
other wastes—are preconsumer wastes.
These would include manufacturing
wastes like paper and paperboard
waste, bag, box and carton waste,
printed'pap'er which has never reached
the consumer, and obsolete inventories.
Other preconsumer waste papers
include fibrous byproducts and other
forest residues from manufacturing or
woodcutting processes. Additional
examples of this type of waste paper are
those generated by the conversion of
goods made from fibrous materials such
as waste rope from cordage manufacture
and textile mill waste and cuttings used
in production of cotton fiber papers.
Preconsumer waste paper use is
already at a high level Increasing the
demand for paper products containing
recovered materials therefore requires
: that postconsumer waste paper be used.
While the use of postconsumer '•
• recovered materials is emphasized, in
RCRA Section 6002. it is. also beneficial
to increase the usage of preconsumer
waste materials in paper and paper
products. Thus, for example, as demand
increases for a wider range of paper and
paper products, manufacturers of
products that are currently made with
preconsumer materials will have to use
larger quantities of postconsumer
recovered materials to meet their raw
materials ti-e.. recovered paper) supply
needs.
For purposes of the paper and paper
products guideline. EPA distinguishes
between recovered materials.
postconsumer recovered materials, and
waste paper. As is explained in more
detail below, the term "recovered
materials" is comprehensive and. as in
the statute, refers to the complete
universe of recovered paper products.
The'term "postconsumer recovered
material" similarly is used as defined in
RCRA. The term "waste paper." used in
connection with printing/writing papers,
refers to all postconsumer. recovered
materials as well as to preconsumer
waste paper from some sources. It does
not include fibrous byproducts from -
forestry, waste generated by the
conversion of goods made from fibrous
material, and fibers recovered from
waste water that would otherwise enter
the waste stream.
D.Performance
The performance of printing/writing
papers and fiber boxes containing
recovered materials is often questioned.
As noted in the proposed amendments
(52 FR 37337), comments received by
EPA suggested that few manufacturers
of printing/writing paper would be able
to meet a minimum content standard fo
postconsumer. recovered material. .As a
result, EPA reviewed information about
the lechhicaljperfprmance.of these
products^'
1. Printing/Writing Papers.
Performance testing of paper
containing recovered material is a
. continuing activity of paper
manufacturers. In some instances, the
evaluation of the reports of these
organizations was complicated by the
fact that the recovered materials used
were not precisely identified as either
postconsumer recovered materials or
waste paper. The reports of these.
organizations indicate, however, that
acceptable performance is possible in
most grades of paper and! paper
products made from recovered . . <
materials. The use of preconsumer
waste paper is common in printing and
writing papers, although the use of. -\
postconsumer recovered materials is
limited. ' • ..
A common fear is that paper
containing postconsumer recovered
materials causes difficulty in printing
and high-speed copier machines. EPA
has reviewed documentation from state
printing agencies and private sector
printers and has found that this is a
common reaction by pressmen. In many
states, printers have refused to use
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Federal Register / Vol. 53. No. 120 / Wednesday. June 22, 1988 / Rules, and Regulations 23549
Daper made from recovered materials.
iwever, several states have bad many
ars of experience in printing with such
per, after having first overcome
adverse reactions by pressmen. These
states report that while there is some
difficulty in using printing paper
containing postconsumer recovered
materials, it is no more than with other
economy grades of printing paper.
Therefore, procuring agencies and
agencies that revise and write'
specifications should carefully identify
the performance expected of the product
so that acceptance or rejection is based
on verifiable tests rather than
preconceived perceptions.
EPA has obtained results of
laboratory tests for both virgin papcf
and paper made from recovered
materials.1 These test results provide
additional verification, that papec made
from recovered materials can: and-does
rmeel the same-standards as virgin paper
for many categdries of printing/writing
Papers. This is especially true in the
economy grades typically purchased in
competitive bids by public agencies.
2. Fiber Boxes
The primary standards forilinerboard
r>fle facing .material of corrugated,
Miners) and fiber boxes are set "by
i Uniform Freight Regulations and are
asures of basic weight and mullen
(burst strength). These standards are
currently under review. The
contemplated changes would replace the
mullen test with a "crush" test that
would enable linerboard manufacturers
to use a percentage of postconsumer
recovered materials. (In fact, there are a
few mills including one or more new
mills that produce linerboard made of
100 percent postconsumer waste paper.)
Federal procurement of kraft linerboard
containing postconsumer recovered
materials is practicable because it is
now produced by a number of
manufacturers. In addition about one-
quarter of the corrugating medium used
to produce boxes is "recycled medium"
and contains essentially all
Postconsumer recovered materials.
£ Major Federal Purchasers
The major Federal purchasers of
Paper, and, therefore, the agencies most
jucely to be affected by this guideline are
the Government Printing Office (GPO),
which operates under the direction of
Jne Congressional Joint Committee on
Printing (JCP); the General Services
^ministration (GSA); and the
spartment of Defense (DOD). Oh
Jvico of its Committee on Paper
' SOT dockM mateii-ili datr-d October 9. IMS fora
hese!«»!». "
Specifications, which includes
representatives from GPO. JCP adopts
specifications and standards for printing
and writing grades of paper. GSA
adopts specifications for all other paper
and paper products. DOD further
reviews these standards and drafts
additional specifications, as necessary.
to establish military standards for some
of tiie items il procures.
IV. Discussion of guideline
This section of the preamble
summarizes and explains the basis for
each section of the revised final
guideline and responds to comments
received on the proposed amendments
to the October 1987 final guideline.
Section V discusses recommendations
as to price, competition, availability.
and performance, while Section VI
discusses implementation of the revised.
guideline. \
As used in this and following sections
of the preamble, the term "recovered
materials" refers to postconsumer
recovered materials in the case of most .
types and grades .of paper and paper
products, to waste paper in the case of
recovered materials ia the Case of cotton
fiber paper.
A. Purpose and Scope
The purpose of this revised guideline
is to recommend additional procedures
for complying with Section 6002.
This guideline applies to the
procurement of paper and paper
products containing recovered
materials. Included are all paper and
paperboard categories except building
and construction paper grades. The
Agency is including as many items as
possible within the scope of the :
guideline to encourage the paper
industry to increase and to improve the
production of paper and paper products
containing recovered materials.
The final guideline included an
illustrative, but not inclusive, list of
major paper and paperboard purchase
categories falling within the scope of the
guideline. It is as follows:
• High Grade Bleached Papers.
Printing and writing papers, including
memeo and duplicator papers
Mailing envelopes
Memo pads
Form bond and manifold business
forms
Computer paper
Xerographic/copy paper
• Newsprint
• Tissua Products
Sanitary products, e.g.. loilet tissue,
paper towels, facial tissue, paper
napkins
.Industrial wipers.
• Unbleached Paper and Paperboard
• Coarse paper
• Linerboard and corrugating medium
• Corrugated boxes
• Fiber sheets and boxes
In making its decision regarding the
scope of this guideline, the Agency
considered suggestions from the
Government Printing Office and
representatives of the printing industry
to the effect that performance standards
for certain'grades of printing and writing
paper can currently be met only by
virgin paper. It was suggested that EPA
exclude these papers on an item-by-item
basis. It was also suggested that certain
items that must meet stringent standards
on noncontamination, such as surgical
masks and items coming in contact with
wet or oily foods, should be individually
identified for exclusion.
RCRA Section 0002(d)(2) requires the
•use "of recovered materials to the *
maximum.extent possible without.
jeopardizing the intended use of the
item'*. This statutory provision •
effectively allows procuring agencies to
exclude use of recovered-materials from
specifications-when performance •
standards tor an Item cannot b* met if
recovered materials are included in the
content Although commenters stated
that EPA should-exclude items, they did
not indicate why this statutory provision
is inadequate to accommodate the
concerns of agencies that draft and
review specifications. A determination
to exclude a specific item from a
recovered materials content requirement
may be made by the agency in drafting
and reviewing specifications based on
standards related to performance. EPA
suggests a procedure for establishing
such an exclusion in §£50.13 of 1his
guideline. It is further suggested that
performance tests be cited and that test
results be included in records for the
annual review process and in any
reporting on the effectiveness of the
affirmative procurement program.
EPA decided not to include building
and construction grades of paper based
on several considerations. In reviewing
the variety of paper and paper products
that are or may be manufactured with a
percentage of recovered materials, it
became apparent1 that building and
construction grades constitute a
significant and distinct industry
unrelated to the manufacturing of
virtually all other grades of paper and
paperboard. The manufacturing,
marketing, standards, and testing
mechanisms for building and
construction grades are different from
those for other grades of paper. Any
evaluation of the feasibility and.
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23550 Federal Register / Vol. 53. No. 120 / Wednesday. June 22. 1988 / Rules and Regulations
potential effectiveness of a Federal
procurement program for. these grades
would require extensive additional
information; in addition, different
procurement offices and procedures are
involved in the procurement of
construction categories. For these
reasons. EPA believes that it would be
more appropriate to consider building
and construction grades of paper in a
separate context Toward this end, EPA
studied the feasibility of and is
preparing a procurement guideline for
building insulation products made from
recovered materials including paper.
B. Applicability
: Many of the requirements of Section
6002 apply to "procuring agencies,"
which is defined in RCRA Section '
1004(17) as "any Federal agency, or any
State agency or agency of a political
subdivision of a State which is using
appropriated Federal funds for such
procurement, or any person contracting'
with any such agency with respect to
wurk-performed under such contract."
Under Section 6002[a). the procurement
requirements apply to any purchase by a
procuring agency costing $10.000 or
more'or when the procuring agency
purchased $10.000 worth of the item or
of a functionally equivalent item during
the preceding fiscal year. EPA believes
that its interpretation of this
requirement, which .is described in more
detail below, -will provide an effective
program without imposing an
unreasonable bookkeeping burden on
the purchasers and users of paper and
paper products.
1. Procuring Agencies
EPA made two changes to § 250.3 of
the final guideline to clarify the
circumstances in which Section 6002 of
RCRA applies to procuring agencies. .
First, the statutory definition identifies
three types of procuring agencies: (1)
Federal agencies, (2) State or local
agencies using appropriated Federal
funds, and (3) contractors. Federal
.agencies should note that, under this
definition, the requirements of Section
6002 apply to them whether or not
appropriated Federal funds are used for
procurement of items designated by
EPA. Section 250.3 has been revised to
clarify this issue.
In addition, § 250.3 has been revised
to clarify that the requirements of
Section 6002 apply to each Federal
agency as a whole. This point is
particularly important in determining
whether the $10.000 threshold has been
reached. For example, the General
Services Administration, as a whole.
purchases more than 310,000 worth of
paper and paper products during each
fiscal year. Therefore, the requirements
of Section G002 will apply to all GSA
procurements of paper and paper
products, including procurements by
individual regions and subagencies.
2. Direct Purchases '
For the purpose of this guideline.
purchases, made as a result of a
solicitation by a procuring agency for its
own general use or that of other .
agencies (for. example. GSA purchases)
are considered "direct." EPA believes
that a contract for printing is. in part. a.
paper procurement action because the
type of paper to be used is explicitly
stated in the contract. (Labor and
overhead expenses involved in printing
would be considered a service.). • .
Therefore, a Federal -agency that
provides printing services to other
governmental agencies would be. subject
to this guideline. The guideline leaves
the method of calculating the value of
paper used in performing a printing
contract to the discretion of the agency
awarding that contract. This provides a
wide latitude. GPO has stated that the
value of the paper may be as low as 20
percent or as high as 80 percent, of the
contract The value allocated to the
paper used in the performance of the
printing contract would determine the
applicability of the guideline; if thai. -
value is $10,000 or more, the guideline
would apply.
3. Indirect Purchases .. ' .' '"•
EPA revised § 250.3(c)(2) (now
§ 250.3(d)(2J) to clarify and .conform it to
Federal grants and contract law. EPA
has removed the clause excluding
indirect purchases with funds which are
not separately accounted for under
block grants.. ... '.
The definition of "procuring agency"
in RCRA Section 1004(17) makes it clear
that the requirements of Section 6002
apply to "indirect purchases." i.e...
purchases by a State or local agency or
its contractors using appropriated'
Federal funds. Thus, the 'guideline
applies to paper and paper products
purchases meeting the $10,000 threshold
made by States and their localities or
their contractors, subcontractors.
grantees, or other persons which are
.funded by grants. loans, or other forms
of disbursements of monies from Federal
.agencies. However, the guideline does
not apply to such purchases if they are
unrelated to or incidental to the Federal
Funding, i.e.. not the direct result of the
grant, loan, or funds disbursement An
example of a paper purchase unrelated
orincidental to Federal funding is where
a contractor purchases/paper under a
grant for construction of a public works
project. The paper purchase would not
be subject to the. requirements in Seqtior
6002 or this guideline, even though sorrie
of the grant funds supporting the
contract might be used to finance
purchases.
4. the S10.000 Threshold
RCRA Section C002(a) provides that
the requirements of Section 6002 apply
(1) when the purchase price of an item
exceeds $10.000 or (2) when the quantity
of such items or of functionally
equivalent*items purchased.during the
preceding fiscal year was $10.000 or
more. Thus. Section 6002 clearly sets out
a two-step procedure for determining .
whether the $10.000 threshold has been
reached. First, a procuring agency must
determine whether it purchased $10.000
worth of paper and paper .products-
during the preceding fiscal year. If so.
the requirements of Section 6002 apply-
to all procurements of paper and paper
products occurring in the current fiscal
year. .Second, if a procuring agency did
not procure $10,000 worth of paper and
paper products during the preceding
fiscal year, it is not subject to Section
6002unless itcnakes a $10,000 purchase
during the current fiscal year. The,
requirements of Section 6002 apply to
the $10,000 purchase; to all subsequent •
purchases of paper and paper products
made during the current fiscal yep* -
regardless of size: and to all
procurements of paper and paper
products made in the following fit,v,».
year.
Note that: Section 6002(a} does not:
provide that the procurement >
requirements are triggered when the
quantity of items purchased during the
current fiscal year is $10.000 or more.
EPA does not believe that Congress
intended to require procuring agencies
to keep a running tally of procurements
of items designated by EPA. Maintaining
such a running tally would be very
burdensome. Rather, procuring agencies
only need to compute their total
procurements once at the end of the
fiscal year and only if they intend to
claim an exemption from the
requirements of Section 6002 in the
following fiscal year.
5. Functionally Equivalent Items.
Under RCRA. Section 6002(a), the
procurement requirements of Section
6002 apply when purchases during the
preceding fiscal year of a "procurement
item" or "functionally equivalent"
procurement items cost $10,000 or more
In common usage, terms such as "papef
and "boxes" include many item:
manufactured.to meet different
performance standards. They mi
therefore, technically be "functionally
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Federal Register /,Vol. 53. No, 120 / Wednesday. June 22. 1908 / Rules and Regulations .23551
equivalent." (For instance, offset >
printing paper should not be used for :
high-speed office copiers.)-The
variations in grade and types of .paper
products are numerous. The JCP has
specifications for over 50 grades of all
types of paper, 23 for printing alone,.
while GSA estimates that it provides
specifications for about 300 paper
products. Because few procuring •'.
agend.es, as defined in the Act, purchase
.$10,000 worth of any onegrade of paper
or any one paper product EPA believes
that restricting the applicability of
Section 6002 to purchases based on a
narrow, technical definition of
.functional equivalency would limit the
effectiveness of the guideline in meeting
the objectives of RCRA.
. The Agency has concluded that, in the
case of paper and paper products,
"functionally equivalent" items should
be defined as a category of items having
, the same or substantially similar end
use. EPA has developed'a categorization
of functipnally equivalent items based
. on tqis concept of similar end use. For
procuring agencies purchasing many
grades,, the categorization will extend
^ the applicability of the guideline beyond
a technically defined /'functional
equivalency" so that a greater number
of procurement actions are affected.
Under 1.25&3 of the guideline, each of
the following groups of items are
, "functionally equivalent!':
.—All grades and types of xerographic/
"copy paper;;
rrNewsprmU
—AH grades and types of printing and
writing paper;
—Corrugated boxes and fiberboard
boxes; .
—Folding boxboard and cartons:
—Stationery, office papers (memo pads,
scratch pads)', envelopes, and
manifold business forms including
computer paper
—Toilet tissue, paper towels, facial
tissue, paper napkins, doilies, and
industrial wipers:
—Brown papers and coarse papers.
C. Requirements vs. Recommendations
RCRA Section 6002 requires procuring
agencies and contracting officers to
perform certain activities, such as
revising specifications, for procurement
items. It also requires EPA to prepare
"guidelines for the use of procuring
agencies in complying with" Section
6002. EPA has incorporated the Section
6002 requirements into the guideline for
the benefit of procuring agencies. As a
result, the guideline contains two types
of provisions: requirements (mandated
by Congress in Section 6002) and
recommendations (EPA's guidance for
complying with the'requirements of
Section 6002). As tided in this guideline,
the verbs "shall" and "must" indicate
Section 6002 requirements, while verbs
such as "recommend." "should,1" and
"suggest" indicate recommendations for
complying with those requirements.
Procuring agencies must comply with
the requirements of Section 6002,
whereas EPA's recommendations are
only 'advisory in nature. Procuring
agencies may,choose -to use other
approaches which satisfy the Section .
6002'requirements. EPA believes.
however* that if a procuring agency
chooses to follow EPA's.
recommendations, that agency will be in
compliance .with the Section 6002
requirements. -.,.-•-
D. Organization of the Revised
Guideline .
Subpart C of 40CFR Part 250, which
con tains EPA's recommendations, for
implementing the affirmative
procurement prograin requirements, of:
RCRA Section 6002, has been V ;,. • ,
reorganized, as well as revised, tor-ease
of use. The revised subpart .contains a
separate section for each element of ihe
affirmative procurement program.
E. -Definitions .
, Most of the definitions in. thia
guideline are the. same definitions: used
in RCRA and therefore do not require
further explanation. Other definitions,.
such as "paper," incorporate standard
industry definitions. A few definitions'
are further discussed in this section of.
the preamble..
1. "Paperboard"
One common term used by the
industry is "paperboard;" This term is
used to describe thick paper used in the
manufacture of products such as tablet
backs, folding boxes, and corrugated
boxes. Paperboard is similar in
composition and form to paper, but
generally refers to sheet that is 0,012
inch thick or thicker. Thus, the term
"paper," which is used in the Act, is
construed to include paperboard and
paperboard products.
2. "Practicable".
Section 6002 requires procuring
agencies to procure items composed, of
the highest percentage of recovered
materials practicable and to develop
programs to assure that recovered
materials are purchased to the
maximum extent practicable (emphasis
added). Commenters asked EPA to
define the term "practicable" as used in
Section 6002. In response, EPA added a
definition of "practicable" in the final
paper guideline, 52 FR 37297 (October 6,
1987).
EPA's definition of "practicable"
combines the dictibnary definition with
certain statutory-criteria for determining
practicability. The dictionary definition
of practicable is "capable of being
used," and EPA believes that Congress
intended the term to be defined in this
way. Congress also provided four
criteria for determining the maximum
amount practicable: (1) Performance in
accordance with applicable
specifications; (2) availability at a
reasonable price: (3) availability within
a reasonable period of time; and (4)
maintenance of a satisfactory level of
competition. EPA's definition of
"practicable" incorporates these criteria.
3. "Waste Paper".
This category includes all
postconsumer recovered materials as
defined in RCRA Section 6002(h)(l). plus
the two precbnsumer categories of
"manufacturing, forest residues, and
other wastes" as defined in Section
6002(h}(2). EPA ha» determined that .mill
broke is specifically excluded from the
, definition of recovered materials
• because it is waste generated before
' completion of the papermaking process.
The two non-postconsumer categories
are:.
(1) Dry paper and paperboard waste.
generated after completion of the
papermaking process (that is, those
.manufacturing operations-up to and including
the cutting and trimming of the paper
machine reel into smaller roles or rough
sheets) Including envelope cuttings, bindery
trimmings, and other paper and paperboard
waste, resulting from printing, cutting.
forming, and other converting operations;
bagrbox, and carton manufacturing wastes;
and butt rolls, mill wrappers, and rejected
unused stock; and.
(2) Finished paper and paperboard from •
obsolete inventories of paper and paperboard
manufacturers, merchants, wholesalers.
dealers, printers, converters, or others.
4. "Mill Broke"
EPA has determined that the
definition of dry paper and paperboard
waste in "recoverable materials"
[Section 6002(h)(2)(A)J specifically
excludes mill broke, which is any paper
waste generated before completion'of
the papermaking process. Mill broke is
commonly returned to the pulping
process and is composed of whatever
the pulp is'derived from, e.g., wood pulp,
waste paper, etc. In the 'final guideline,
the definition of "mill broke" makes
clear that it is'excluded from the term
"recovered materials."
5. "Cotton Fiber"
Cotton fiber papers are one of the
oldest types of pnper manufactured.
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23552 Federal Register / Vol. 53,-No. 120 / Wednesday. -June 22; 1988 / Rules and Regulations
These papers are used for line •
stationery,'ledger papers, maps,
wedding invitations, and the like, and
thus occupy a special niche in the
printing-writing paper category. By
definition and practice of the paper
industry, cotton fiber papers must
contuin at least 25 percent cellulose
Hbers derived from lint cotton, cotton
linters. and cotton or linen cuttings.
Some cotton fiber content products are
made of 100 percent cellulose derived
from recovered cotton sources. Thus,
EPA has defined cotton fiber content
papers as paper that contains a
minimum of 25 percent and up to 100
percent cellulose fibers derived from lint
cotton, cotton linters. and-cot ton or linen
cloth cuttings.
F. Specifications
1. General
a. Federal agencies. RCRA Section
6002(d) contains'two. requirements for
revising specifications for .procurement
items. First Federal agencies that have
the responsibility for drafting or
reviewing specifications for :..
procurement items procured'by Federal
agencies were required to revise their
specifications by May 8,1986 to -
. eliminate exclusions of recovered. •
materials and requirements that items
be manufactured from virgin materials
[Section6002{d)(l)]. :
; Second; within one year after the date
of publication of a procurement *
guideline as a final rule. Federal
agencies must assure that their .
specifications for designated items
require.the use .of recovered materials to
the maximum extent possible without '
jeopardizing the intended end use of the
item (Section 6002(d){2)]. EPA believes
that this second requirement is more.
extensive than the first requirement
Simply eliminating discriminatory
provisions, as required by Section
G002(d)(l). is not sufficient to meet all
the obligations of Section 6C02(d). EPA
believes, however, that compliance with
the affirmative procurement ••
requirements of Section 6002(i) fulfills
the Section 6002(d)(2) requirements
because an affirmative procurement
program should result hi procurement to
the maximum extent practicable; •
b. Procuring agencies. EPA believes
that the second specification revision
requirement also applies to non-Federal
procuring agencies which procure paper
and paper products with appropriated
Federal funds. Unless their
specifications are revised to allow the
use of recovered materials in paper and
paper products, these agencies will be
unable to implement the affirmative
procurement requirements of RCRA
Section G002(c) (1) and (i). For this '
reason, the guideline provides that all
procuring agencies (rather than "Federal
agencies" as provided'in the Act) must
assure that their specifications for paper
and paper products require the use of
recovered materials to the maximum
extent possible without jeopardizing the
intended end use of these items.
. Some agencies have moved to require
the use of recovered materials; others
have felt it sufficient to "permit" and/or
"encourage" the use of "reclaimed ' .
fibers" or "recovered materials." By
adding the requirement that procuring
agencies establish affirmative
procurement programs for items
containing postconsumer recovered
materials or other recovered materials.
the 1984 amendments to Section 6002
make it clear that simply "permitting" or
"encouraging'' the use of such materials
is not-sufficient to assure that •
specifications require the maximum use
of recovered materials "without
jeopardizing the intended use of the
item." .Federal agencies must take .-
affirmative steps to encourage their use.
2. Recommendations:
Section 250.12(b) of the guideline.
presents, recommendations for v ' ~ •
specification revisions to implement the
statutory requirements. Unnecessarily-
stringent specifications must be revised
to allow for a higher content of
recovered materials. Specifications need
not be revised, however, "if It can be. •
determined that for technical reasons,
for a particular, end use, a product
containing such materials will not meet
.reasonable performance standards."
15 250.13(8)]
3. Exclusion of Products That Do Not
Meet Performance Standards
Specifications sometimes do not
clearly state the intended end use of
products. For example, paper purchased
as printing paper is sometimes used in
high-speed copiers with unfortunate
results simply because the user did not
properly recognize a difference in: paper
characteristics. In such cases, product
specifications should be revised to
dearly state an intended end use for a
product(s). When using recovered
materials, it is important that the correct
grades be supplied for the intended end
use. EPA recommends that •
specifications clearly identify both the
expected performance and the specific
intended use. especially when the paper
is to be used in high-speed copiers.
Certain paper'and paper products
might not .meet 'the standards of
performance necessary for their
intended'end use if they contain any.
percentage of postconsumer recovered
materials. ExampFes-of such-items ate..*.
paper which'comes into contact with
wet or oily food, archival papers, cert
map papers, deed papers, and face
masks for use in "clean rooms." EPA
considered removing these paper items
from its designation of items to be .
covered by the guideline. Unlike
construction grade papers, which are
excluded on a categorical basis, these
papers would have to be excluded on an
item-by-item basis. EPA concluded that
it does not nave the .expertise to make
such a technical determination, and That
such determinations are best left to
procuring agencies. (For a related
discussion, see the section on minimum
content standards for archival-papers
later in this preamble.)
Section 250.13(b) of the guideline
recommends that any agency document
any finding that, for a particular end
use, an item containing recovered
materials will not meet reasonable
performance standards and reference
the'documentation in-subsequent :
solicitations forbids for that item.The
documentation should clearly show .that
the unacceptable performance is caused
by properties of the-paper itself and'not
by the equipment with which the paper
is used. The documentation-should :
reference specific tests used to judge
performance. •
4. Specifications Related to Aesthetics
Specifications related to aesthetics,
such as whiteness, brightness, color; and
dirt count, could serve as impediments.
to the use of paper containing recovered
materials. The American Society for
Testing and Materials (ASTM) and.the
Technical Association of the Pulp and
Paper Industry (TAPPI) have established
standards for brightness and dirt counts
which paper and paper products made
from recovered materials can meet In
§ 250.12(b). EPA recommends that
agencies that draft specifications -
conduct a careful review of existing
specifications related to aesthetics to
determine whether they are overly
stringent for the product's intended end
use, and if so, amend them. Section
25ai2(b) references ASTM, TAPPI, and
American Institute of Paper Chemistry
standards^and research.
5. New Specifications'
Considerable technological advances
are occurring in the paper and
paperboard manufacturing industry.
These advances are leading to'ihcreased
utilization of postconsumer recovere
materials in many products and the
introduction of the use of precpnsum
materials in other products, e.g.. pulp
substitutes and deinking" grades of waste
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Federal Register / Vol. 53. No. 120 / Wednesday. June 22, 1988 / Rules and Regulations 23553
paper antf sawdust and other forest
ssidues. For instance, the Railway
Association is currently considering a
erformance test change that would
effectively allow more use of recovered
materials in fiber (corrugated] boxes. In
recent years, the process of
manufacturing newsprint with nearly
100 percent postconsumer recovered
materials has become common. In
§ 250.14 of the guideline. EPA
recommends that procuring agencies
. monitor new developments and use
them to increase the use. of
postconsumer and other recovered
materials.
G. Affirmative Procurement Program
Section HO02(\) of RCRA requires
procuring agencies to adopt an
affirmative procurement program to
ensure that paper and paper products
containing recovered materials are
purchased to the maximum extent
practicable. As discussed previously,
RCRA Section 6002(h) -provides that
"postconsumer recovered materials" are
a specific subset of "recovered
materials." The definition of
''•'postconsumer recovered materials"
includes papec. paperboard. and fibrous
wastes that have passed through their
ind usage as a consumer item or that
jnter and are collected from municipal
olidrwaste. "Recovered materials" is a
wader, term, including postconsumer
•ecovered materials as well as such
widely-used waste as manufacturing
wastes, forest residue, and other wastes.
Because, the indent of this guideline is to.
reduce the municipal solid waste
stream^ the focus of this guideline is
Postconsumer recovered materials.
The affirmative procurement program
must contain four elements: (1) A
recovered materials preference program;
(2) a promotion program; '(3) procedures
for .estimation, certification, and
verification; and (4) procedures for
annual review, and monitoring of the
Program's effectiveness. The following
sections explain EPA's
recommendations for each element of
the affirmative procurement program.
^•Recovered Materials Preference
Program
The first of the four requirements of
the affirmative procurement program is
• recovered materials preference
Program to maximize the use of
recovered materials. The procuring
•gency may implement the preference
rogram by employing a case-by-case
'proach. by adapting minimum content
andards, or by'choosing an approach
«iat is substantially equivalent to the
preceding approaches. In the final paper
guideline. EPA recommended use of any
of these approaches. Because of
comments submitted in response to the
original proposed paper guideline, EPA
concluded that minimum content
standards would comply with the
statutory requirements but that the other
approaches might not necessarily, 52 FR
37299 (October 6.1987). Accordingly.
EPA proposed to amend the final paper
guideline to recommend minimum
content standards as guidance to
procuring agencies. 52 FR 37335-41
(October 6,1987).
As discussed in the final paper
guideline. 52 FR 37298-37299 (October 6,
1987], Section 6002(i) also requires that
any affirmative procurement program be
consistent with applicable provisions of
Federal procurement law. From time to
time. Congress has established
preferential procurement programs in
order to attain socioeconomic goals.
Among those are the Small Business,
Labor Surplus Area, and Minority.
Business procurement programs. EPA
considered applying either or both of the
mechanisms used in those programs-
price preferences and set-asides—to this
guideline. A price preference allows the
procuring agency to pay a higher price, if
necessary, for a specified product from'
preferred vendors. A-set-aside requires
the procuring agency to award a certain
percentage "of its contracts to preferred
vendors of a product regardless of price.
Price preferences and set-asides are
currently being used in some state.
programs for the; procurement of paper
and paper products containing
recovered materials. As of January 1988,
five states and two cities use price
preference programs in which products
containing recovered materials may cost
from 5 to 10 percent more than virgin
materials. Two states have set-aside
programs, one for paper and paper
products, the other for all types of
products. These states report that they
successfully procure products containing
recovered materials.
EPA has considered recommending
these programs at the Federal level.
However; in the case of existing Federal
preferential procurement programs that
allow, a price preference or set-aside* the
Agency found that each had been
established under explicit statutory
authority or a specific Executive Order,
Neither the statutory language nor the
legislative history of Section 6002 seems
to contemplate the adoption of either
price preferences or set-asides, and
doing so would conflict with existing .
Federal procurement regulations.
a. Case-by-case approach. As
explained in the preamble to the final
paper guideline. EPA concluded that it
would be rare that equivalent bids
would be submitted for virgin paper and
paper products and for paper and paper
.products containing recovered
materials. Thus, a procuring agency
could not award the procurement to the
vendor offering the product with the
highest recovered materials content
unless it was the low bid, 52 FR 37299
(October 6,1987). EPA concluded
therefore that wide use of the case-by-
base approach or a substantially
equivalent alternative might not result in
much procurement of paper and paper
products containing recovered
materials.
After careful consideration of the
legal limitations of the case-by-case
approach (or a substantially equivalent
alternative) as well as the likely impact
of such an approach on procurement
practices, EPA has determined that
procuring agencies which elect to use
the recommended minimum content
standards will be in compliance with the
statutory requirement for a recovered •
materials preference program assuring
procurement of items composed of
recovered materials.to the maximum
extent practicable. Consequently, EPA is
withdrawing its recommendation of the
case-by-case approach or a
substantially equivalent alternative for
procurement of paper and paper
products.instead, EPA recommends that
procuring agencies adopt minimum
content standards.
6, Minimum content standards. EPA
• proposed minimum content standards
for 21 categories of selected paper and
paper products. 52 FR 37341 (October 6,
1987). EPA today is adopting those
standards as its recommendations with
the changes indicated below, as well as
adding one new category, cotton fiber
papers.
For most grades of paper and paper
products, EPA is recommending
minimum postconsumer recovered
materials content standards. In the case
of printing/writing grades. EPA i»
recommending minimum "waste paper'
content standards. As explained above,
in the case of cotton fiber papers, EPA is
recommending a minimum "recovered
materials" standard. EPA also has
added definitions of "waste paper" and
"cotton fiber".
(1) Legal considerations. RCRA
Section 6002(i)(l) requires that
affirmative procurement programs be
"consistent with applicable Federal
procurement law." EPA was concerned
.that minimum content standards might
violate the Competition in Contracting
Act'of 1984 (CICA) (10 USC Chapter 137)
and the Federal Acquisition Regulation
(FAR) (40 CFR Ch. 1). Both provide that
specifications restricting what can be
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23554 Federal Register / Vol. S3. No. 120 / Wednesday. June 22. 1988 / Rules arid Regulations
offered by Udders 'are legally •
permissible only to the extent that they
reflect the Government's minimum
needs or are authorized by law. [CICA
2ni(a)(l). 48 CFR 10.002(a)(3)(ii).] EPA
has concluded that RCRA Section 6002
provides the necessary authorization.
See 52 FR 38844 (October 19, 1987).
Section 6002(i)(3J(B} expressly permits
agencies to establish specifications
which restrict bids to those which meet
a minimum content standard. Therefore,
minimum content standards are not in
violation of general Federal procurement
law.
CICA requires agencies to use fuftand
open competitive procedures when
procuring property and services. The
term "full and open competition" means
that all responsible sources must be
permitted to submit a bid. In the case of
a procurement against a restrictive
' Specification. SUCh as a minimum
content standard., "full and open
competition", means that all responsible
sources who can meet the specification
can bid. The preference program.
recommendation in the revised final
guideline is consistent, with this
requirement* since any vendor of paper
and paper product^ can submit a bid as
long as the product off eredJcbntains4he
minimum recovered content
{2} Methods fQr.estQblishing.aiMinuim
content standards. RCRA provides four
criteria for establishing a minimum
content standard. Section 6002(i](3){B)
provides that the minimum content
reuired b a specification must be the
able without
,
jeopardizing the intended end use of the
item or violating the limitations of
Section 6002(c)(lKAHC).Thus, the four
criteria are (1) the intended end use of
the item. (2) availability. (3) technical
performance, and (4j price.
Under the minimum content standards
approach, procuring agencies establish
specific recovered materials percentages
in their specifications, today EPA is
recommending specific standards for
procuring agencies to use. Procuring
agencies may adopt other standards as
long as the statutory requirements are
met
(3) Basis of recommended minimum
content standards. Beginning in 1971, the
U.S. General Services Administration
(GSA) established minimum content
standards for several types of paper and
paper products. The GSA specifications
established minimum levels for
"reclaimed material" content and for
"postconsumer waste' ' content xvhich
was a sub-set of "reclaimed material."
In other words, a two-tiered approach
was used. The "reclaimed material" and
"postconsumer waste" categories
correspond to the terms "recovered
materials" arid "postconsumer
recovered materials," respectively, as
used in this guideline.
EPA received comments on its earlier
proposed paper guideline that very few
manufacturers of printing/writing
papers would be'willing orable^to meet
a minimum content standard for
postconsumer recovered materials, 52
FR 37297 (October 6,1987). Thus an
alternative was sought for this category.
The source of recovered materials that
are commonly used in printing/writing
papers differs from the source of
recovered materials used hi other
grades. Pulp substitute is a
manufacturing waste, virtually all of
which is derived from businesses that
convert paper stock into finished
products such as books or envelopes.
Pulp substitute, as the name suggests,
can be used instead of virgin pulp. The
quantity of postconsumer recovered
materials in pulp substitute is
essentially zero. "High grade deinking"
is printing scrap, which can include
items such as misprinted forms that
never reach the ultimate user. The high
grade drinking category also includes a
significant amount of postconsumer
recovered materials, such as officer.
waste paper; However, the paper mill
does not always know whether the
material is preconsumer or •
postconsumer because both types of
material may be contained in the same
bales'. Tissue productsHUetnost of the
postconsumerrecovered materials
consumed in the high grade deinking
category while printing/writing paper
producers use much less; many
manufacturers of printing/writing
papers avoid pos'tconsumer recovered
materials altogether. In other words,
manufacturers of printing/writing
papers tend to use preconsumer waste
paper (manufacturing by-products such
as pulp substitutes), whereas
manufacturers of tissue papers do use
postconsumer waste. Tissue products do
not have to meet the demands that
printing and writing papers do. The
contrast between the strength and color
requirements for institutional paper
towels and offset paper running through
a high-speed press illustrates this
difference.
EPA contacted virtually every'mill
known to make printing/writing papers
using recovered materials. Almost
universally they stated that they
preferred not to deal with postconsumer
recovered materials under a minimum
content standard. Some of the reasons
cited were:
• Postconsumer recovered materials
are not as predictable in fiber
composition or content as other types, so
it is difficult to assure .that specifications
can be met.
• A mill essentially needs deink
capability to use postconsumer
recovered materials (whereas pulp
substitutes are not normally cleaned in
deinking systems)/
• Contaminants cannot be controlled
as well, and "off spec" products are
much more likely to be produced using
postconsumer recovered materials.
• Only a few mills handle
postconsumer recovered materials
successfully enough to overcome these
problems consistently.
For these reasons, EPA found that it is
not advisable to recommend minimum
postconsumer recovered materials
content standards for printing/writing
grades. EPA is. therefore, recommending.
a category of recovered materials called
"waste paper" for the printing and
writing paper grades only;
EPA has concluded that increasing the
use of waste paper in the manufacturing
of printing and writing papers will in
fact allow maximum use of
postconsumer recovered jnaterials in
those products while it increases the use
of postconsumer recovered materials in
others, thereby satisfying the intent of
RCRA. As more preconsumer waste
paper is used for printing and writi
papers; there will be less ayailabld,
raw material for other products. Ai .._
.result, manufacturers will have to use
more postconsumer recovered materials
"as a raw material Therefore, for printing
and writing papers, EPA la
recommending a minimum waste paper
content
A document entitled Background
Documentation for Minimum Content
Standards has been placed in the docket
and explains the basis for EPA's
recommended minimum content
standards. It identifies mills producing
newsprint or printing/writing papers
with postconsumer or waste paper
recovered content respectively, at the
time of the preparation of the document.
The percentages of both types .of
recovered materials content in product
also have been identified.
Several commenters recommended
that EPA adopt the original GSA
standards as minimum content
standards. EPA used these standards a»
a reasonable starting place for
establishing recommended minimum
content standards. However, because 0>
the successful experience by several
States in procuring printing and w-4**"*
paper with recovered materials. E
proposed a minimum of 50 percen
waste paper content
Commenters from the paper industry
objected to the proposed-mbiimum '
-------
Federal Register / Vol. 53. No. 120 / Wednesday, June 22. 1908. / Rules and Regulations 23555.
content standards for printing and
riling paper on the basis that they are
p high to be practical and that
•ocuring agencies will be unable to
ootain adequate competition for all
grades at a minimum content of 50
percent waste paper. Procuring agencies
supported the minimum content
standard proposed, but some stated that
they have difficulty in purchase of
printing/writing papers in some
instances. None of the conunenters
objecting to the proposed minimum
content standards provided data
supporting their position, nor did any
other commenter provide data from
which EPA could conclude that the
objections were correct There might be
short-term availability problems for
particular types or grades of paper and
paper products^but EPA was unable to
determine whether and'at what levels
unavailability problems would occur.
Therefore, although EPA considered
these comments, the Agency concluded
that there was no basis on which to
reduce the recommended minimum
content The revised final guideline
issued today recommends the 50 percent
minimum content standard.
EPA notes that procuring agencies are
not required to buy paper and paper
roducts if the procuring agency
etermines that the product is not
tasonably available, there-is
-^satisfactory competition, or the
product is only available at an
unreasonable'price. These issues are.
discussed further in Section V of the
preamble.
In two categories; EPA proposed no
minimum content-standards because it
believed that there was not sufficient
production of these papers with
recovered material content to assure a
satisfactory level of competition; they
are high-speed copier paper and form
bond, including computer paper and
carbonless. EPA has determined, in the
minimum content standards adopted
here today, not to recommend standards
for these categories for the reasons
previously indicated. Nonetheless, these
categories of paper are subject to the
requirements of Section 6002. Procuring
agencies must promote their preferernce
program for these items. As these items
become available at a reasonable price
with satisfactory competition, procuring
agencies should establish minimum
content standards for them. In addition,
as the economic situation changes, EPA
will consider revising this guideline to
recommend minimum content standards
for these items.
Manufacturers of corrugated boxes
objected to the proposed minimum
content standard of 40 percent as being
too high. They provided an explanation
and rationale for their position, but did
not provide an alternative minimum
content standard. After a closer
examination of the industry structure
and practices and historical data, EPA
concurs and has reduced this category
to 35 percent postconsumer recovered
materials. A more detailed basis for this
change can be found in the docket for
this rulemaking. However, EPA .notes
that the 35 percent minimum.content
standard will still require that
corrugated boxes contain'both recycled
corrugating medium, and liherboard with
postconsumer recovered, materials to
assure that the minimum content
standard is met Alternately, this
standard could be met with only 100
percent recycled linerboard as well. A
fuller explanation and analysis has been
placed in the docket for this rulemaking.
At the same time. EPA reviewed the
proposed minimum content standard for
solid Tiber boxes and determined that it
should be raised from 5 percent to 35
percent The basis for this change is that
the medium or filler between the two
liners is made of chipboard, which is a
recycled paperboard, and thus consists
of postconsumer recovered materials.
EPA notes that this product has largely
disappeared from commercial use, but is
still produced in small quantities.
A commenter noted that there should
be a minimum content standard for
cotton fiber content papers because this
grade contains recovered materials as
defined by RCRA Section 6002. EPA
concurs and has added both a definition
and a minimum content standard of 25
percent recovered materials.* This
product category, also commonly known
as "rag paper," must contain cotton
fibers to qualify by definition as that
product. This type of recovered material
does not fall under the postconsumer or
waste paper definitions. Rather, it falls
under the recovered materials definition
under Section 6002(h)(2)(D):
manufacturing, forest residue*, and other
wastes such os . . . (O) wastes generated by
the conversion of goods made from fibrous
material (e-g., rope waste from cordage
manufacture, textile mill wastes, and
cuttings).
It has been suggested to EPA that a
minimum waste paper content standard
should be established for cotton fiber
content papers. EPA notes that such a
standard might be confusing because the
commercial definition of cotton fiber •
content paper refers to its cotton
cellulosic content only. In addition, to
the best of EPA's knowledge, use of
waste papier in the production of cotton
fiber content paper seems to be
incidental at best. For these reasons,
EPA did not adopt a waste paper
content standard for cotton fiber paper.
EPA's recommended minimum
content standards are shown in Table 1.
Note that EPA has added a column to
Table 1 to address recovered materials
content in cotton fiber content papers.
* The commenter suggested • minimum content
•tandard of 25 percent recovered material* for EPA
to recommend. After researching industry practices.
EPA concluded that a 25 percent standard is
reasonable. Data documenting this conclusion has
been placed in tho dovkut for this rulemaking.
TABLE 1.—EPA Recommended Minimum Content Standards of Selected Papers and Paper Products
Newsprint
High grade bleached printing and writing papers:
Off**t nrintinn «_..-«.«.»•.«« — ...i-nt...™^.^-!—!—
Mifliuin *nrf riimlirttt/v rumAr — — :
Writtrtn i*«tiitinnArul ._.„..»«...»...«»»*«,••—••»••——»»•-••"•""*""•' > — • •
pAAftr for hJnh.«nA«w4 s-nrtBar* „....„«..«.....•.....•-«•»••••«««" >
Minimum
percentage
01
recovered
mateiiate
Minimum
percentage
01
postcon*
sumer
recovered
materials
— 40
— _
^ ^ ^^
. i-
_ —
» ^
Minimum
percentage
o( waste
paper
^^
so
so
50
50
•
50
s
50
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Federal Register / Vol. 53, No. 120 ^Wednesday, June-22, 1988./ Rules and Regulations-: 23557
this subject, it is necessary io review the
requirements of the statute.
a. Estimation.. RCRA Section ,
6002(c)(3)(B) and Section 6002(i)(2)(C)
require that,, after the effective date of a
guideline, contracting officers must
require vendors who supply Federal
procuring agencies with products
covered by the guideline to provide an
estimate of the total percentage of the
recovered materials utilized in the
performance of the contract
EPA believes .that this requirement is
for the purpose of gathering statistical
information on price, quantity,
availability, and performance of
products made from recovered
materials. EPA further believes that this
requirement applies regardless of
whether the procurement solicitation
specifics that recovered materials can or
must be used. .Estimates may differ from
the minimum recovered materials \.
content specified in certifications. The
estimates will provide up-to-date
information for the annual review which
is.required of procuring agencies.
ERA has.decided to recommends ...
limitfor.retaining-these estimates. In.
other procurement guidelines, EPA has:
recommended-that the estimates be... ,
retained for, threeiyears. Therefore, in
the revised final guideline today, EPA is
recommending that procuring agencies
retain'these data for three years by type
of product quantity purchased, and
price paid.
b.Cert//ycotfon,Theuseof
certifications is common in government
- procurement A certification is written
assurance thafgoods or services '
delivered will fulfill the contractual '• "
requirements. Failure to meet conditions
which have" been certified can:result in
penalties to a vendor. RCRA Section
6002(c)(3](A) requires that after the
effective date of this guideline; Vendors
must "certify that the percentage of
postconsumer recovered materials to be
used in the performance of the contract
will be at least the amount required by
applicable specifications or other
contractual requirements." In other
words, vendors must certify that a
minimum percentage of recovered
material will be contained in products to
be supplied. RCRA Section 6002(i)(2)(q
requires "certification of minimum post-
consumer recovered material content
actually utilized. . .".
Together, these sections could be •
interpreted to mean that multiple .
certifications will-be required: one When
bids are offered, and another with each
shipment. EPA is concerned that, this
interpretation could create.unnecessary
burdens -for vendors and procuring,
agencies, and thus work against the
intent of Section 6002. Slates .which
purchase paper and paper products with
recovered material content have found
one certification sufficient As an
example. New York State requires
certification of the content from vendors
within six days of a bid opening.
Vendors commonly discuss product
specifications and availability with
manufacturers prior to submitting a bid.
so information for certififcation can be
obtained at that time. A.vendor-can
easily certify to a minimum of 0 percent
if it does not wish post-consumer
recovered material (and hi the case of
printing/writing paper, waste paper)
content to be a factor in its bids. The
certification then becomes part of the.
contract awarded to the successful
vendor. EPA has concluded that one
certification will fulfill both statutory
requirements and. by using it in all
instances, procuring agencies can adapt
their purchasing programs most easily.
In the final guideline, 52 FR 37300
(October 6,1987), EPA recommended
that procuring agencies require
certifications as a condition of a
responsive bid when bids are. offered. .
Also, as previously indicated, this"
successful-vendor jnust estimate the
.actual recovered materials content in- -
. products that are supplied. The estimate
may or may not be different than the
minimum*percentage that is certified.
EPA understands that .for both
estimation and certification, Ihe vendor.
'will not have direct knowledge of
' recovered materials content; Only the •
•mill that produces the paper will have ,.
that information. However, there is no
direct authority in RCRA Section 6002
for the Federal government to require
this information from anyone but the •
vendor. Therefore, the vendor must
make its own arrangements for "
obtaining this information from the mill
operator. The legislative history
suggests the approach intended, as
shown by the following excerpt from the
Conference Committee Report on the
Hazardous and Solid Waste "
Amendments of 1984:
In obtaining certification of the percentage
of postconsumer materials and the
percentage of manufacturing forest residues
and other wastes, it is the intent of Section
6002 as amended by this Act that vendors
supply the procuring agency with a statement
from theatill indicating the percentages used
by the mitt in producing the ptper and their
sources of raw material. (H.R. Rep. No. 98- •
1133.98th Cong. 2nd Sess. J2J.(1884)
[emphasis added). . .
c. Verification. Procuring agencies
also are required to establish
"reasonable verification procedures for
estimates and certifications." {RCRA
Section 6002(i)(2){C)J If these .
verification procedures include access •
to mill operators' records, then the
procuring agency must use some
authority other than RCRA to inspect
these records or must require vendors
have an agreement with the mill
operator to suppy such information or
access to the procuring agency.
In general, paper manufacturers
maintain records of the feedstocks used
in each "run" or "lot" of paper for their
own .internal quality and specification
controls. Th.e optimum mix of recovered
and virgin fiber often remains the. same
for each grade of paper, though .
variations may occur in individual runs.
In most cases manufacturers will be
able to provide a certification to vendors
as to the specific fiber content of the
product shipped to a customer. It is not
intended that the guideline require any
additional records to be kept by the
mills; the records normally kept should
be complete enough to estimate or
certify to recovered materials content
accurately. However,-to simplify the
verification procedure and
accommodate variations dictated by
quality control and supply; the average
amount of recovered materials used In'
each specific product over a'bne-mdntiv
period nray be u^AffTiecessaryi to- v'
meet the requirement for-verification'of-
estimates. Since mills commonly keep
accounting'and record summaries on i
monthly basis, EPA recommends that'
the one-month figures be used for *'
estimates of fiber percentages: Should it
be necessary to verify the exact content
of a specific lot or run of'paper, the mill
records for that lot or run can then be
consulted.'
However, if the vendor knows that'the
recovered materials content of paper or
paper products supplied to procuring
agencies differs from the monthly
average, then the average'cannot be
used. For example, if the monthly
average is 30 percent postconsumer
recovered materials content but the
paper or paper product supplied
contains no postconsumer recovered
materials or conversely contains 60
percent recovered content then the
vendor cannot use the monthly average.
Use of the average in such instances will
be viewed as an attempt to circumvent
the requirements of RCRA in supplying
paper or paper products to the procuring
agency.
Monthly averages cannot be used for •
certification. Every shipment may not
contain recovered materials content
equal to or greater .than the average.
However, the minimum percentage ol
recovered materials used in-recycled
paper products by the mill can be
determined from monthly records for
certification purpos.es.
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23558 Federal Register / Vol. 53. No. 120 / Wednesday, Junte 22,-1988 r/ Rules and Regulations
In the preamble to the final guideline.
"PA indicated that it had received
Mnments indicating that in the case of
ie printing and writing grades, mills
sometimes cannot distinguish
postconsumer recovered materials from
other recovered materials.
Consequently, it would be difficult to
comply with the estimation and
certification requirement to identify
postconsumer recovered material
content. In most cases, however, mills
have detailed knowledge of their raw
materials. While postconsumer
recovered materials content of every
bale of waste paper may not be known
to a certainty, .mills can make
reasonable estimates based on their
extensive knowledge of their raw
materials. In the revised guideline
issued today, EPA has adopted "waste
paper" content standards to resolve any
inherent fiber identification problems
with the printing and writing grades of
paper-.
4. Annual Review and Monitoring
'The fourth requirement of the
affirmative procurement program is an
annual review and monitoring of the
effectiveness of the program. EPA
explained these requirements in full in
*Le final paper guideline, 52 FR 37301
•ctober 8,; 1987). The .review should
elude- ah'.estimate of the quantity of
t*aper and paper products containing
recovered materials purchased during
the year.
'EPA believes that procuring agencies
should review the range of estimates'
and certifications of recovered materials
content provided.by vendors during the
year. Significant and repeated variations
between the minimum content
standards, certifications, and estimates
wpuld signal that changes in specific
minimum content standards may be
warranted. EPA further believes that
information provided by the estimation
requirement will be particularly helpful
to procuring agencies when they review
their compliance with the requirement to
Purchase paper and paperproducts with
the highest percentage of recovered
materials practicable.
Similarly, if information from
estimates received or other data reveal
that sufficient bids would have been
submitted in response to standards •'
using higher minimum content levels.
'hen the procuring agencies should
consider revising their standards
accordingly. If there was a lack of
"impetitiph. the procuring agencies
tould determine whether the standards
ust be lowered. This would satisfy the
--Htutory requirements for procuring
agencies In RCRA Section 6002(c)(l) and
those specific to the minimum content
standards approach in RCRA Section
6002(i)(3)(B).
In the proposed amendments to the
paper and paper products procurement
guideline, EPA recommended that
procuring agencies compile statistical
records of paper and paper products
procurements. EPA identified six
categories of data, recommended that a
summary of the data be included in the
procuring agency's annual review, and
recommended that procuring agencies
send a report discussing the findings
made during the annual review to the
Office of Federal Procurement Policy
(OFPP) for inclusion in OFPFs biennial
report to Congress. EPA is.inchiding this
recommendation in the final guideline
today, with one exception.
OFPP has informed EPA that.it does
not have the technical, expertise to
review the data. For this reason, EPA is
no longer recommending that procuring
agencies send a report discussing their
findings to OFPP. EPA continues to
believe that this information will be
useful to the public, however. EPA notes
that this guideline will; apply to State
and local procuring agencies and
contractors, as explained under
"Applicability". Information drawn from
the experience of Federal procuring
agencies about purchases of paper and
paper products containing recovered
materials would therefore be useful to
State and local .purchasing officials and
contractors. Accordingly, EPA
encourages Federal procuring agencies
to make their reports'available to the
public.
EPA has concluded that one purpose
of the requirement that vendors estimate
the total percentage of recovered
materials is to-provide information to
procuring agencies that can be used in
future procurements. Further, procuring
agencies need to keep up-to-date on
changes in recycling practices and
availability of products containing
recovered materials. EPA believes that
unless a procuring agency compiles such
data, it will not be fulfilling ltd statutory
obligations.
For these reasons; EPA believes'that
agencies should keep statistical records
of paper and paper products
procurements to properly implement the
intent of Congress in requiring an
affirmative procurement program. A
summary of these records should be
included In the annual review and
monitoring of the effectiveness of the
program.
Note that for printing/writing papers.
the data gathered will pertain to
information on waste paper content
instead of information on postconsumer
recovered materials, and for cotton fiber
papers, the data will pertain to
recovered materials content. For all
other categories of paper and paper
products, postconsumer recovered
materials content should be used.
A program for gathering statistics
need not be elaborate to be effective.
However, agencies should monitor their
procurements to compile data on the
following:
(a) The percentage of recovered
materials in, the products procured or
offered:
(b) Comparative price information on
competitive procurements:
(c) The quantity of each item procured
over a fiscal yean
(d) The availability of the paper and
paper products ^procuring agencies;
(e) Type of performance tests
conducted, together with the categories
of paper and paper products containing
recovered materials that failed-tests, the
percentage of total virgin, products-and
products containing recovered
materials, respectively, that failed each
test, and the nature of the failure;
(fl Agency experience with the
performance of the procured products.
The .Government Printing Office has
informed. EPA that every shipment of
paper or paper products is tested. •. .
Because of the number of shipments
received (shipments are received on a
daily basis, with multiple shipments
often being received on any given day).
it would be a burden for procuring
•agencies to retain the .results of-each of
these tests. Instead, procuring agencies
should identify the performance tests
used and maintain records, by test,-on
the percentage of failures by paper and
paper-products containing recovered
materials and on the nature of these
failures.
EPA recommends that each procuring
agency prepare a report on its annual
review and monitoring of the
effectiveness of its procurement
program. As part of the report, agencies
using the case-by-case approach or a
substantially equivalent alternative
should demonstrate that their preference
program results in procurement of paper
and paper products containing
recovered materials to the maximum
extent praticable. Agencies using the
minimum content standards approach
should determine whether their
minimum content standards should be
raised, lowered, or remain constant for
each item. The basis for these
determinations should be a review of
the data compiled on recovered .
materials content, price, availability.
and performance, as well as a
comparison of estimates and
certifications provided by the vendors.
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Federal Register / Vol. 53. No. 120 / Wednesday, jiine 22. 1988 / Rules arid Regulations 23559
should also document
specification revisions made during the
reporting period:
The revised final guideline issued
today incorporates the irecbrdkeeping
recommendations. In § 250.23. paragraph
(d) identifies the six categories of
records. In § 250.24, paragraph (c)
recommends that* the annual review
include a summary .of the data compiled
in each category and that the results of
the annual review be'made avilable to
the public.
A comnientcr stated that the
recordkceping provisions should bu
requirements, rather than
• recommendations. The comment or
argues that EPA has full authority to
make the rccordkeeping provisions
requirements and that the statutory
basis is as firm as the basis for stating in
5 250.23 that contracting officers must •
require vendors to submit estimates and
certifications of re-refiried"bil content.
EPA disagrees: Section 6002 clearly
identifies what is required of procuring
agencies, and recordkeeping is riot
included Oh-the; other hand, contracting
officers are required to obtain estimates
and certifications from vendors. Section
6002 does hot authorize EPA to require
anything of procuring agencies; let alone
recordkeepfng.-Thus, EPA can only
recommend that procuring agencies'
keep records on procurements of items
containing recovered materials.
V. Price,.Comp
time, to be useful in a guideline. General
information is presented in this section.
Information about performance has .
been obtained and is discussed above' in
Section III of the preamble.
A. Price
Section 6002 provides that a procuring
agency may not purchase a designated
item if the price is "unreasonable."
Cummcnters on several of the
procurement guidelines stated that a
"reasonable price" includes price
preferences. Each procuring agency may
decide whether or not a "reasonable
price" includes a price preference.
RCRA Section 6002 docs not provide
explicit authority to EPA to authorize or
recommend payment of a price .
preference or to create a set-aside.-
Therefore, unless an agency has an •
independent authority to provide a price
preference or to create a set-aside;.EPA
believes that a price is "unreasonable"
if it is greater than, the price of a
competing product madV-ofvirgin
material. ;
' However, it should be borne in mind
that, when product spccficarions require
a recovered material content, there, is no
way to guarantee that every item. • .
procured under those specifications was
procured at a price no greater than the
price that would have been paid in the
absence of those specifications. On the
contrary, EPA expects that'there will be
fluctuations in price in both directions.
Therefore, EPA interprets the
reasonable price provision of RCRA
Section 6002(c)(l)(C) for .those
specifications to mean that there is no
projected or observed long-term or
average increase over the price of .
comparable items that do not contain
recovered materials.
• B. Competition
As with price, delenninatfpns of
"satisfactory" competition iriusf be
made in accordance with Federal
procurement taw. For example. 48 CFR
Part 14. Sealed Bidding, allows for
award of bids even when a small
number of bids have been received: see
48 ClU 14.407-1. In the ciase of ...
negotiated contracts. 48 CFR 15.804-3(b]
provjdes that competition exists if offers
arc solicited; two or more responsible
offcrors that can satisfy the
Government's requirements submit price
offers responsive to the solicitations1
expressed requirements; arid these
offcrors compete independently for a
contract to bo awarded to the
responsible offerer submitting the
lowest evaluated price.
The existing level of competition: for
paper and paper products containing
recovered-materials varies depending on
the product. For a large majority of
products, both virgin and recycled
products coexist in the marketplace.
.with some manufacturers producing
products from all-virgin materials, some
using only recovered materials, and
others using both. Thus, the minimum
content standards will automatically
exclude many potential bidders that
market only virgin products. Tlie
percentage of bidders excluded depends
on how the minimum content standards
are set. EPA knows of no analytical
methods of accurately setting minimum
content standards that are low enough.
to assure satisfactory competition, and
yet high enough to maximize the use of
recovery materials, except through •
. experience. Thus, EPA and procuring •
agencies must learn through trial and
error how best to insure competition
while fulfilling the primary goal of this
guideline;
C. Availability
The Agency docs not believe that
procuring agencies should have to
tolerate any unusual or unreasonable
delays in obtaining paper or paper
products containing recovered ' " .
materials. The experiences of GSA and
of states with affirmative procurement
programs have shown that these
products-are generally available at'all
locations. One possible exception
mentioned by some states is printing
and writing paper. In some cases, delays
have been incurred because of low
levels of storage or warehousing in the
vicinity of the procurement depot.
However, as affirmative procurement
programs prove effective, printing and
writing papers containing waste paper
should become more widely and
consistently available, as are other
papier and paper products containing
postconsumer recovered materials.
' Some commenters have suggested that
EPA should provide assistance to
procuring agencies in determining
availability by identifying potential
suppliers and by encouraging these
suppliers to bid on government
contracts. EPA has placed in the docl
for this rulemakiiig lists of mills that
manufacture paper or paper products
using recovered materials, especially
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23560 Federal Register / Vol. 53. No. 120 / Wednesday. June 22. 1908 / Rules and Regulations
printing and writing paper and tissue
nrpducts. EPA will not place a list of
ills in the guideline itself, however,
scause one purpose of the guideline is
." encourage new suppliers, not to
promote existing suppliers, and thus to
encourage greater use of recovered
materials. Procuring agencies also are in
direct contact with paper vendors on a
regular basis and can seek this
information directly.
D. Performance
Product performance is discussed
above in Section IV.E of the preamble.
VL Implementation,
Different parts of Section 6002 refer to
different*dates by which procuring
agencies must have completed or
initiated a required activity; (1) May 8.
1986 (i-e.. 18 months after enactment of
HSWAfc (2) one year after the date of
publication of an EPA guideline; and (3)
the date specified in EPA guidelines. As
a result there is some confusion with
respect to which activities must be
completed or initiated by each date.
This section of the preamble explains
these requirements.
First under Section 6002{d)(l). Federal
agencies that have the responsibility for
drafting or reviewing specifications for
tKurement items most eliminate from
ich specifications any exclusion of
covered materials and any
requirements that items be
manufactured from virgin materials.
This' activity was required to be
completed by May 8.1988.
Second, procuring agencies must
assure that their specifications for
procurement items designated by EPA
require the use of recovered materials to
the-maximum-extent possible without
jeopardizing the intended end use of the
item [Section 6002(d)(2)], In addition.
procuring agencies munM develop an
affirmative procurement program for
purchasing items designated by EPA. in
this instance, paper and paper products
containing recovered materials [Section
6002UH1U. Both of these activities must
be completed within one year after the
date of publication of a guideline by
EPA. Because the revised guideline
Issued today supersedes .the final
guideline issued on October 6,1987.
specification revisions and development
of an affirmative procurement program
for paper and paper products must be
completed within one year from today.
Third, after the date specified by EPA
'"' the applicable guideline, procuring-
endes that procure items designated
' EPA.must begin procurement of such
-«*ms.containing the. highest percentage
of recoyeredmatenals practicable.
(Section G002(c)fl)r. In addition.
contracting of Beers must require
venders to submit estimates and
certifications of recovered materials
content (Section 6002(c)(3)J.
With respect to this third set of
requirements. EPA believes that
procuring agencies should begin to
procure paper and paper products
containing recovered materials as soon
as the specification revisions have been
completed and the affirmative
procurement programs have been
developed. As stated, these latter
activities must be completed within one
year after publication of a guideline.
Again, because the revised guideline
published today supersedes the final
guideline published on October 6.1987.
to be consistent with the statutory
requirements. EPA has concluded that
affirmative procurement should begin
one year from today.
To clarify this point, EPA has added
§ 250.25 to the final guideline which
states procuring agencies must begin
procurement of paper and paper
products containing recovered-materials
one year from the date of publication of
this revised guideline as a-final rale.
EPA expects cooperation from
affected procnring agencies in
implementing this guideline. Under
Section 6002(g) ofRCRA. the Office of
Federal Procurement Policy (OFPP). in
cooperation with EPA. is responsible for
overseeing implementation of the
requirements of Section 6002 and for
coordinating it with other Federal
procurement policies. OFPP is required
to report to Congress on actions taken
by Federal agencies to implement
Section 6002.
VQ. Summary of Supporting Analyses
A. General
The preamble to the final paper
guideline included a discussion of the
technical material supporting the
guideline. 52 FR 37305 (October 6,1987).
That material is applicable to the
revised guideline as well. In addition, as
indicated in the preamblei EPA has
added technical material supporting the
revised minimum content standard for
corrugated boxes and solid fiber boxes.
as well as the cotton fiber paper
minimum content standard.
B. Environmental and Energy Impacts
Concernsuibout thehigh volumes and
cost of solid waste disposal and the
difficulty many communities are having
in locating new. disposal sites, as well as
Congressional mandate, were the chief
reasons for the final paper guideline.
EPA has not concluded that there will
be any significant environmental impact
.positive or negative, from the Federal .
procurement of paper and paper
products containing recovered
materials.
The energy advantage varies from
product to product and mill to mill as
well as between users of virgin and
recovered materials. Recycled
feedstocks seem to be a minor factor.
EPA has concluded that the energy
efficiency between mills, be they virgin
or recycling, is greater than the
difference In energy efficiency between
the two types of mills, which tends to
reduce the importance of this issue.
C. Volume Reduction and Cost Impacts
of Reducing Paper Disposal in Landfills
This was explained in full in the
preamble to the final paper guideline. 52
FR 37304 (October 6.1987).
D. Executive Order No, 12291
Under Executive Order (E.O.) No.
12291. regulations must be classified as
major or nonmajor. E.O. No. 12291
establishes the following criteria for a
regulation to qualify as a major rule:
1. An annual effect on the economy of $100
million or more:
2. A major increase in costs or prices for
consumer*; individual industries; Federal.
state; or local government agencies: or
geographic regions; or.
3. Significant advene effects on •
competition, employment investment
productivity, innovation, or the ability of the
United States-based enterprisesto compete
with foreign-based enterprises in domestic or
export markets.
Federal purchases of paper and paper
products do not constitute a large
enough share of these markets for
industry to make manufacturing
decisions that are not otherwise
economically feasible in order to meet
Federal procurement requirements. In
fact some Federal procurement policies
have been modified in recent years to
conform more closely to common
commercial standards for some paper
products, e-g.. toilet tissue. The
flexibility allowed to the procuring
agencies in implementing an affirmative
procurement program should make it
possible to make adjustments if any
adverse market dislocation or decrease
in competition should occur.
Because of the number of items
included, in the paper and paper product
categories and the number of
procurement actions taken.by procuring
agencies each year, some agencies may
find it necessary to initially allocate
additional resources to implement this
guideline. However, the flexibility
allowed and the practices recommended
in this guideline" are intended to avoid
on-going increased expenditures by
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Federal Register / Vol. 53. No. 120 /Wednesday. June 22. 1988 / Rules and Regulations 23561
procuring agencies. For example. EPA
has recommended that the procedure for
estimating and certifying recovered
materials content be simple and that it
be consistent with the procuring
agency's usual contracting procedure.
On the basis of the above information
and on more extensive data in the
rulemaking docket, the Agency earlier
concluded that the final paper guideline
was a nonmajor rule. The revisions to
the guideline have not changed this
conclusion.
This document has been submitted to
the Office of Management and Budget
(OMB) for review as required by E.O. •
No. 12291.
E. Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility
Act. 5 U.S.C. 601 et seq.. whenever an
agency publishes a general notice of
rulemaking. for any proposed or final
rule, it must prepare and make available
for public comment a regulatory
flexibilitjuinalysis that describes the
impact of thefule on small entities (i.e..
small businesses, small organizations.
small governmental jurisdictions). : -
unless the Administrator certifies that
the rule will not have significant:
economic impact on a substantial
number of small entities..
Because of the $10.000 threshold. EPA
does not expect a substantial number of
small entities to be affected by this -
guideline. The Agency also believes that
. the flexibile approach to" procurement of
paper and paper products containing '
recovered materials provided for in this
guideline will not impose a significant
regulatory or economic burden on small
procuring agencies, manufacturers.
vendors; or contract printers. Detailed
information on this assessment can be
found in the RCRA docket for this
guideline.
Pursuant to the provisions of 5 U.S.C.
OOS(b). I hereby certify that this
guideline will not have a significant
economic impact on a substantial
number of small entities. Therefore, this
guideline does not require a Regulatory
Flexibility Analysis.
tot of Subjects In 40 CFR Part 250
Forest and forest products.'
Government contracts. Government
procurement. Packaging and containers.
Paper. Postcohsumer materials.
Recovered materials. Recycling.
Resource recovery. Waste paper.
Dated: June 16,1988.
Lee M. Thomas.
Administrator.
For. the reasons set out in the
Preamble.. Part 250 of Title 40 of the
Code of Federal Regulations is revised
to read as follows:
-------
Protection of
Environment
40
PART 250
Revised as of July 1, 1989
rajterfcw Racyded White OHUt, TOto.
-------
40 CFR Ch. I (7-1-89 Edition)
PART 250—GUIDELINE FOR FEDERAL
PROCUREMENT OF PAPER AND
PAPER PRODUCTS CONTAINING
RECOVERED MATERIALS
Subpart A—General
Sec.
250.1 Purpose.
250.2 Designation.
250.3 Applicability.
250.4 Definitions.
Subpart B—Revisions and Additions to Paper
and Paper Product Specifications
250.10 Introduction.
250.11 Elimination of recovered materials
exclusion.
250.12 Requirement of recovered materials
content.
250.13 Exclusion of products containing re-
covered materials that do not meet rea-
sonable performance standards.
250.14 New specifications.
tion and Recovery Act (RCRA), as
amended, as that section applies to
paper and paper products designated
in § 250.2 of this part.
(b) This guideline contains recom-
mendations for implementing the re-
quirements of section 6002 of RCRA,
including the revision of specifications
and the establishment of an affirma-
tive program for the procurement of
paper and paper products containing
recovered materials. The guideline
also makes recommendations concern-
ing solicitations for bids and estima-
tion, certification, and verification
procedures. In addition, the guideline
sets dates for implementation.
(c) The Agency believes that adher-
ence to the practices recommended in
the guideline constitutes compliance
with section 6002 of RCRA, as it re-
lates to the purchase of paper and
paper products containing recovered
materials.
§ 250.2 Designation.
Under section 6002(e)(l) of RCRA,
paper and paper products are desig-
nated as items which can be produced
with recovered materials and whose
procurement by procuring agencies
will carry out the objectives of section
6002 of RCRA. As used in this guide-
line, the term "paper and paper prod-
ucts" does not include building and
construction paper grades.
Subpart C—Affirmative Procurement Program § 250.3 Applicability.
250.20 General.
250.21 Recovered materials preference pro-
gram.
250.22 Promotion program.
250.33 Estimates, certification, and verifi-
cation.
250.24 Annual review and monitoring.
250.25 Implementation.
AUTHORITY: 42 U.S.C. 6912(a) and 6962.
SOURCE: 53 PR 23561, June 22,1988, unless
otherwise noted.
Subpart A—General
§ 250.1 Purpose.
(a) The purpose of this guideline is
to assist procuring agencies in comply-
ing with the requirements of section
6002 of the Solid Waste Disposal Act,
as amended by the Resource Conserva-
(a) This guideline applies to all
paper and paper products purchased
with appropriated Federal funds.
(b)(l) This guideline applies to all
procuring agencies and to all procure-
ment actions involving paper and
paper products where the procuring
agency purchases $10,000 or more
worth of one of these items during the
course of a fiscal year, or where the
cost of such items or of functionally
equivalent items purchased during the
preceding fiscal year was $10,000 or
more.
(2) This guideline applies to Federal
agencies, to State or local agencies
using appropriated Federal funds, and
to persons contracting with any such
agencies with respect to work per-
formed under such contracts. Federal
310
-------
Environmental Protection Agency
§ 250.4
agencies should note that the require-
ments of RCRA section 6002 apply to
them whether or not appropriated
Federal funds are used for procure-
ment of items designated by EPA.
(3) The $10,000 threshold applies to
procuring agencies as a whole rather
than to agency subgroups such as re-
gional offices or subagencies.
(c) For purposes of the $10,000
threshold, each item listed in each cat-
egory below is considered to be func-
tionally equivalent to every other item
in the category:
(1) All grades and types of xero-
graphic/copy paper;
(2) Newsprint;
(3) All grades and types of printing
and writing paper;
(4) Corrugated and fiberboard boxes;
(5) Folding boxboard and cartons;
(6) Stationery, office papers (e.g.,
memo pads, scratch pads), envelopes,
and manifold business forms including
computer paper;
(7) Toilet tissue, paper towels, facial
tissue, paper napkins, doilies, and in-
dustrial wipers; and
(8) Brown papers and coarse papers.
(d) Procurement actions covered by
this guideline include:
(1) All purchases of paper and paper
products made directly by a procuring
agency or by any person contracting
with any such agency with respect to
work being performed under such con-
tract, for example, contract printing;
and,
(2) Indirect purchases of paper and
paper products made by a procuring
agency, such as purchasing resulting
from Federal grants, loans, and similar
forms of disbursements of monies that
the procuring agency intended to be
used for the procurement of paper or
paper products.
(e) Purchases of paper and paper
products that are unrelated or inciden-
tal to Federal funding, i.e., not the
direct result of a Federal contract,
grant, loan, funds disbursement, or
agreement with a procuring agency,
are not covered by this guideline.
§ 250.4 Definitions.
As used in this guideline, the follow-
ing terms shall have the meaning indi-
cated below:
(a) "Act" or "RCRA" means the
Solid Waste Disposal Act, as amended
by the Resource Conservation and Re-
covery Act, as amended, 42 U.S.C. 6901
et sea.;
(b) "Bleached papers" means paper
made of pulp that has been treated
with bleaching agents;
(c) "Bond paper" means a generic
category of paper used in a variety of
end use applications such as forms
(see "form bond"), offset printing,
copy paper, stationery, etc. In the
paper industry, the term was original-
ly very specific but is now very gener-
al.
(d) "Book paper" means a generic
category of papers produced in a varie-
ty of forms, weights, and finishes for
use in books and other graphic arts ap-
plications, and related grades such as
tablet, envelope, and converting
papers;
(e) "Brown papers" means papers
usually made from unbleached kraft
pulp and used for bags, sacks, wrap-
ping paper, and so forth;
(f) "Coarse papers" means papers
used for industrial purposes, as distin-
guished from those used for cultural
or sanitary purposes;
(g) "Computer paper" means a type
of paper used in manifold business
forms produced in rolls and/or fan
folded. It is used with computers and
word processors to print out data, in-
formation, letters, advertising, etc. It
is commonly called computer printout;
(h) "Corrugated boxes" means boxes
made of corrugated paperboard,
which, in turn, is made from a fluted
corrugating medium pasted to two flat
sheets of paperboard (linerboard);
multiple layers may be used;
(i) "Cotton fiber content papers"
means paper that contains a minimum
of 25 percent and up to 100 percent
cellulose fibers derived from lint
cotton, cotton linters, and cotton or
linen cloth cuttings. It is also known
as rag content paper or rag paper. It is
used for stationery, currency, ledgers,
wedding invitations, maps, and other
specialty papers;
(j) "Cover stock" or "Cover paper"
means a heavyweight paper commonly
used for covers, books, brochures,
pamphlets, and the like;
311
30-144 O—89 11
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§250.4
40 CFR Ch. I (7-1-89 Edition)
(k) "Doilies" means paper place mats
used on food service trays in hospitals
and other institutions;
(1) "Duplicator paper" means writing
papers used for masters or copy sheets
in the aniline ink or hectograph proc-
ess of reproduction (commonly called
spirit machines);
(m) "Envelopes" means brown,
manila, padded, or other mailing enve-
lopes not included with "stationery;"
(n) "Facial tissue" means a class of
soft absorbent papers in the sanitary
tissue group;
(o) "Federal agency" means any de-
partment, agency, or other instrumen-
tality of the Federal Government, any
independent agency or establishment
of the Federal Government including
a government corporation, and the
Government Printing Office;
(p) "Fiber or fiberboard boxes"
means boxes made from container-
board, either solid fiber or corrugated
paperboard (general term); or boxes
made from solid paperboard of the
same material throughout (specific
term);
(q) "Folding boxboard" means a pa-
perboard suitable for the manufacture
of folding cartons;
(r) "Form bond" means a light-
weight commodity paper designed pri-
marily for business forms including
computer printout and carbonless
paper forms. (See manifold business
forms);
(s) "Industrial wipers" means paper
towels especially made for industrial
cleaning and wiping;
(t) "Ledger paper" means a type of
paper generally used in a broad varie-
ty of recordkeeping type applications
such as in accounting machines.
(u) "Manifold business forms"
means a type of product manufactured
by business forms manufacturers that
is commonly produced as marginally
punched continuous forms in small
rolls or fan folded sets with or without
carbon paper interleaving. It has a
wide variety of uses such as invoices,
purchase orders, office memoranda,
shipping orders, and computer print-
out;
(v) "Mill broke" means any paper
waste generated in a paper mill prior
to completion of the papennaking
process. It is usually returned directly
to the pulping process. Mill broke is
excluded from the definition of "re-
covered materials;"
(w) "Mimeo paper" means a grade of
writing paper used for making copies
on stencil duplicating machines;
(x) "Newsprint" means paper of the
type generally used in the publication
of newspapers or special publications
like the Congressional Record. It is
made primarily from mechanical wood
pulps combined with some chemical
wood pulp;
(y) "Office papers" means note pads,
loose-leaf fillers, tablets, and other
papers commonly used in offices, but
not defined elsewhere;
(z) "Offset printing paper" means an
uncoated or coated paper designed for
offset lithography;
(aa) "Paper" means one of two broad
subdivisions of paper products, the
other being paperboard. Paper is gen-
erally lighter in basis weight, thinner,
and more flexible than paperboard.
Sheets 0.012 inch or less in thickness
are generally classified as paper. Its
primary uses are for printing, writing,
wrapping, and sanitary purposes. How-
ever, in this guideline, the term paper
is also used as a generic term that in-
cludes both paper and paperboard. It
includes the following types of papers:
bleached paper, bond paper, book
paper, brown paper, coarse paper,
computer paper, cotton fiber content
paper, cover stock or cover paper, du-
plicator paper, form bond, ledger
paper, manifold business forms,
mimeo paper, newsprint, office papers,
offset printing paper, printing paper,
stationery, tabulating paper, un-
bleached papers, writing paper, and
xerographic/copy paper.
(bb) "Paper napkins" means special
tissues, white or colored, plain or
printed, usually folded, and made in a
variety of sizes for use during meals or
with beverages;
(cc) "Paper product" means any
item manufactured from paper or pa-
perboard. The term "paper product" is
used in this guideline to distinguish
such items as boxes, doilies, and paper
towels from printing and writing
papers. It includes the following types
of products: corrugated boxes, doilies,
envelopes, facial tissue, fiberboard
boxes, folding boxboard, industrial
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Environmental Protection Agency
wipers, paper napkins, paper towels,
tabulating cards, and toilet tissue;
(dd) "Paper towels" means paper
toweling in folded sheets, or in raw
form, for use in drying or cleaning, or
where quick absorption is required;
(ee) "Paperboard" means one of the
two broad subdivisions of paper, the
other being paper itself. Paperboard is
usually heavier in basis weight and
thicker than paper. Sheets 0.012 inch
or more in thickness are generally
classified as paperboard. The broad
classes of paperboard are container-
board, which is used for corrugated
boxes; boxboard, which is principally
used to make cartons; and all other pa-
perboard;
(ff) "Person" means an individual,
trust, firm, joint stock company, cor-
poration (including a government cor-
poration), partnership, association,
State, municipality, commission, polit-
ical subdivision of a State, or any
interstate body.
(gg) "Practicable" means capable of
being used consistent with: perform-
ance in accordance with applicable
specifications, availability at a reason-
able price, availability within a reason-
able period of time, and maintenance
of a satisfactory level of competition;
(hh) "Printing paper" means paper
designed for printing, other than
newsprint, such as offset and book
paper;
(ii) "Procurement item" means any
device, good, substance, material,
product, or other item, whether real
or personal property, that is the sub-
ject of any purchase, barter, or other
exchange made to procure such item;
(jj) "Procuring agency" means any
Federal agency, or any State agency or
agency of a political subdivision of a
State that is using appropriated Fed-
eral funds for such procurement, or
any person contracting with any such
agency with respect to work per-
formed under such contract;
(kk) "Recovered materials" means
waste material and by-products that
have been recovered or diverted from
solid waste, but such term does not in-
clude those materials and by-products
generated from, and commonly reused
within, an original manufacturing
process. In the case of paper and
§ 250.4
paper products, the term "recovered
materials" includes:
(1) Postconsumer materials such as:
(i) Paper, paperboard, and fibrous
wastes from retail stores, office build-
ings, homes, and so forth, after they
have passed through their end usage
as a consumer item, including: Used
corrugated boxes, old newspapers, old
magazines, mixed waste paper, tabu-
lating cards, and used cordage, and,
(ii) All paper, paperboard, and fi-
brous wastes that enter and are col-
lected from municipal solid waste; and
(2) Manufacturing, forest residues,
and other wastes such as:
(i) Dry paper and paperboard waste
generated after completion of the pa-
permaking process (that is, those man-
ufacturing operations up to and in-
cluding the .cutting and trimming of
the paper machine reel into smaller
rolls or rough sheets) including enve-
lope cuttings, bindery trimmings, and
other paper and paperboard waste, re-
sulting from printing, cutting, form-
ing, and other converting operations;
bag, box and carton manufacturing
wastes; and butt rolls, mill wrappers,
and rejected unused stock; and
(ii) Finished paper and paperboard
from obsolete inventories of paper and
paperboard manufacturers, mer-
chants, wholesalers, dealers, printers,
converters, or others;
(iii) Fibrous by-products of harvest-
ing, manufacturing, extractive, or
wood-cutting processes, flax, straw,
linters, bagasse, slash, and other forest
residues;
(iv) Wastes generated by the conver-
sion of goods made from fibrous mate-
rial (e.g., waste rope from cordage
manufacture, textile mill waste, and
cuttings); and
(v) Fibers recovered from waste
water that otherwise would enter the
waste stream;
(11) "Recyclable paper" means any
paper separated at its point of discard
or from the solid waste stream for uti-
lization as a raw material in the manu-
facture of a new product. It is often
called "waste paper" or "paper stock."
Not all paper in the waste stream is re-
cyclable; if may be heavily contami-
nated or otherwise unusable.
(mm) "Specification" means a de-
tailed description of the technical re-
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§250.10
40 CFR Ch. I (7-1-89 Edition)
quirements for materials, products, or
services that specifies the minimum
requirement for quality and construc-
tion of materials and equipment neces-
sary for an acceptable product. Speci-
fications are generally in the form of a
written description, drawings, prints,
commercial designations, industry
standards, and other descriptive refer-
ences;
(nn) "State" means any of the sever-
al states, the District of Columbia, the
Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American
Samoa, and the Commonwealth of the
Northern Mariana Islands;
(oo) "Stationery" means writing
paper suitable for pen and ink, pencil,
or typing. Matching envelopes are in-
cluded in this definition.
(pp) "Tabulating cards" means cards
used in automatic tabulating ma-
chines; "Tabulating paper" means
paper used in tabulating forms for use
on automatic data processing equip-
ment;
(qq) "Toilet tissue" means a sanitary
tissue paper. The principal character-
istics, are softness, absorbency, cleanli-
ness, and adequate strength (consider-
ing easy disposability). it is marketed
in rolls of varying sizes or in inter-
leaved packages;
(rr) "Unbleached papers" means
papers made of pulp that have not
been treated with bleaching agents;
(ss) "Waste paper" means any of the
following "recovered materials":
(1) Postconsumer materials such as:
(i) Paper, paperboard, and fibrous
wastes from retail stores, office build-
ings, homes, and so forth, after they
have passed through their end usage
as a consumer item, including: Used
corrugated boxes, old newspapers, old
magazines, mixed waste paper, tabu-
lating cards, and used cordage, and
(ii) All paper, paperboard, and fi-
brous wastes that enter and are col-
lected from municipal solid waste; and
(2) Manufacturing, forest residues,
and other wastes such as:
(i) Dry paper and paperboard waste
generated after completion of the pa-
permaking process (that is, those man-
ufacturing operations up to and in-
cluding the cutting and trimming of
the paper machine reel into smaller
rolls or rough sheets) including: Enve-
lope cuttings, bindery trimmings, and
other paper and paperboard waste, re-
sulting from printing, cutting, form-
ing, and other converting operations;
bag. box, and carton manufacturing
wastes; and butt rolls, mill wrappers,
and rejected unused stock; and;
(ii) Finished paper and paperboard
from obsolete inventories of paper and
paperboard manufacturers, mer-
chants, wholesalers, dealers, printers,
converters, or others;
(tt) "Writing paper" means a paper
suitable for pen and ink, pencil, type-
writer or printing;
(uu) "Xerographic/copy paper"
means any grade of paper suitable for
copying by the xerographic process (a
dry method of reproduction).
Subpart B—Revisions and Additions
to Paper and Paper Product
Specifications
§250.10 Introduction.
This subpart offers guidance to Fed-
eral agencies that draft or review spec-
ifications for paper and paper prod-
ucts. As used in this subpart, the term
"postconsumer recovered materials"
refers to waste paper in the case of
printing and writing papers and to re-
covered materials in the case of cotton
fiber papers.
§ 250.11 Elimination of recovered materi-
als exclusion.
By May 8, 1986, each Federal agency
was required to assure that its specifi-
cations do not unfairly discriminate
against the use of postconsumer recov-
ered materials. At a minimum, except
as provided in § 250.13 of this part,
each Federal agency was required to:
(a) Revise those specifications,
standards, and procedures that require
that paper and paper products contain
only virgin materials to eliminate this
restriction; and
(b) Revise those specifications,
standards, and procedures that prohib-
it using postconsumer recovered mate-
rials in paper and paper products to
eliminate this restriction.
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Environmental Protection Agency
§ 250.21
§ 250.12 Requirement of recovered materi-
als content.
(a) Within one year of publication of
this revised guideline, paper and paper
product specifications must require
the use of postconsumer recovered ma-
terials to the maximum extent possi-
ble without jeopardizing the intended
end use of the paper or paper product.
(b) Specifications that are unneces-
sarily stringent for a particular end
use and that bear no relation to func-
tion, such as brightness and whiteness
for copy paper, should be revised in
order to allow for a higher use of post-
consumer recovered materials. Specifi-
cations that bear no relation to func-
tion should be revised according to the
agency's established review procedure.
In determining the relationship to
function of existing specifications,
Federal agencies should make maxi-
mum use of existing voluntary stand-
ards and research by organizations
such as the American Society for Test-
ing and Materials' Committees D6,
D10, and F5; the Technical Associa-
tion of the Pulp and Paper Industry;
and the American Institute of Paper
Chemistry.
§ 250.13 Exclusion of products containing
recovered materials that do not meet
reasonable performance standards.
(a) Notwithstanding the require-
ments of §§250.11 and 250.12 of this
part, Federal agencies need not revise
specifications to allow or require the
use of postconsumer recovered materi-
als if it can be determined that for
technical reasons, for a particular end
use, a product containing such materi-
als will not meet reasonable perform-
ance standards.
(b) Any determination under this
section should be documented by the
drafting and reviewing agency and be
based on technical performance infor-
mation related to a specific item, not a
grade of paper or type of product.
Agencies should reference such docu-
mentation in subsequent solicitations
for the specific item in order to avoid
repetition of previously documented
points.
§ 250.14 New specifications.
When paper or a paper product con-
taining postconsumer recovered mate-
rials is produced in types and grades
not previously available, specifications
should be revised to allow use of such
type or grade, or new specifications
should be developed for such type or
grade. EPA recommends that procur-
ing agencies monitor new develop-
ments and use them to increase the
use of postconsumer recovered materi-
als as appropriate.
Subpart C—Affirmative Procurement
Program
§ 250.20 General.
(a) Within one year after the date of
publication of this revised guideline,
procuring agencies which procure
paper and paper products must estab-
lish an affirmative procurement pro-
gram for such items. The program
must meet the requirements of section
6002(i) of RCRA, including the estab-
lishment of a preference program; a
promotion program; procedures for ob-
taining estimates and certification of
postconsumer recovered materials con-
tent and for verifying the estimates
and certifications; and an annual
review and monitoring program. This
subpart provides recommendations for
implementing section 6002(i).
(b) As used in this subpart, the term
"postconsumer recovered materials"
refers to waste paper in the case of
printing and writing grades and to re-
covered materials in the case of cotton
fiber papers.
§250.21 Recovered materials preference
program.
(a)(l) EPA recommends that procur-
ing agencies establish minimum recov-
ered materials content standards that
assure that the postconsumer recov-
ered materials content required is the
maximum available without jeopardiz-
ing the intended end use of the item
or violating the limitations of Section
6002(0(1) (A) through (C) of the Act.
(2) EPA recommends that procuring
agencies set their minimum content
levels at the highest levels that meet
the statutory requirements but no
lower than the levels shown in Table
1.
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§ 250.22
40 CFR Ch. I (7-1-89 Edition)
TABLE 1: EPA RECOMMENDED MINIMUM CONTENT STANDARDS OF SELECTED PAPERS AND PAPER
PRODUCTS
Newsprint .-«••
High grade bleached printing and writing papers:
Offset printing
Mimeo and duplicator paper
Writing (stationery)
Office paper (e g notepads)
Paper for high-speed copiers
Envelopes
Book papers
Bond papers
Ledger
Cover stock
Cotton fiber papers
Tissue products:
Toilet tissue
Paper towels
Paper napkins
Facial tissue .. .
Doilies
Industrial wipers
Unbleached packaging:
Corrugated boxes
Fiber boxes
Brown papers (e g bags) ....
Recycled paperboard:
Recycled paperboard products including folding cartons
Pad backing .
Minimum
percentage
of
recovered
materials
25
Minimum
percentage
of
postcon-
sumer
recovered
materials
40
20
40
30
5
40
0
35
35
5
80
90
Minimum
percentage
of waste
paper1
50
50
50
50
(J)
50
(»)
50
50
50
50
1 Waste paper is defined in Section 250.4 and refers to specified postconsumer and other recovered materials.
2 EPA found insufficient production of these papers with recycled content to assure adequate competition.
(3) Minimum content standards
should be reviewed annually based on
procurement experiences, including
data compiled on postconsumer recov-
ered materials content, as recommend-
ed in § 250.23(c) of this part.
(b) The recommendations in para-
graphs (a) (1) and (2) of this section,
as well as any other affirmative pro-
curement program that an agency
may adopt, are subject to the follow-
ing limitations provided in section
6002(0(1) of RCRA:
(1) Maintenance of a satisfactory
level of competition;
(2) Availability within a reasonable
period of time;
(3) Ability to meet the performance
specifications in the invitation for
bids;
(4) Availability at a reasonable price.
(c) Procuring agencies should make
determinations regarding competition
and availability in accordance with the
Federal Acquisition Regulation (PAR),
48 CPR Ch. 1 et seq.
§ 250.22 Promotion program.
EPA recommends that procuring
agencies consider all possible promo-
tional methods including the follow-
ing:
(a) A special notation prominently
displayed in any paper or paper prod-
uct procurement solicitation or invita-
tion to bid.
(b) A statement in each paper speci-
fication defining "postconsumer recov-
ered materials," "waste paper," or "re-
covered materials," as applicable, as
they are defined in § 250.4 of this part.
(c) A brief statement in advertise-
ments of bids describing the prefer-
ence program. Such advertisements
should be placed in the Commerce
Business Daily and periodicals com-
monly read by vendors of paper and
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Environmental Protection Agency
§ 250.25
paper products containing postcon-
sumer recovered materials.
(d) Catalog listings of available prod-
ucts (such as OSA's Office Supplies)
indicating which paper or paper prod-
uct contains postconsumer recovered
materials.
(e) Discussion of the preference pro-
gram at bidders' conferences or similar
meetings of potential bidders.
(f) Announcements in recycling jour-
nals, trade magazines, and procure-
ment publications.
§250.23 Estimates, certification, and veri-
fication.
(a) Agencies must require vendors to
estimate the total percentage of post-
consumer recovered materials in paper
and paper products supplied to them.
(b) Agencies must require vendors to
certify the minimum postconsumer re-
covered materials to be used in the
performance of a contract.
(c) There must be reasonable verifi-
cation procedures for estimates and
certifications, e.g., the procuring
agency may state in solicitations for
bids that, in the case of a bidder's pro-
test, all estimates and certifications
will be subject to audits of mill
records.
(d) For each paper or paper product
procured, agencies should maintain
the following records:
(1) The percentage of postconsumer
recovered materials in the products
procured or offered;
(2) Comparative price information
on competitive procurements;
(3) The quantity of each item pro-
cured over a fiscal year;
(4) The availability of the paper and
paper products to procuring agencies;
(5) Type of performance tests con-
ducted, together with the categories of
paper or paper products containing
postconsumer recovered materials that
failed the tests; the percentage of
total virgin products and products con-
taining postconsumer recovered mate-
rials, respectively, that failed each
test; and the nature of the failure;
(6) Agency experience with the per-
formance of the procured products.
§ 250.24 Annual review and monitoring'
(a) Each procuring agency must con-
duct an annual review and monitoring
of the effectiveness of its affirmative
procurement program.
(b) EPA recommends that the
annual review include the following
items:
(1) An estimate of the quantity of
paper and paper products purchased
containing postconsumer recovered
materials and the total quantity of
paper and paper products purchased.
(2) A review of the variation between
estimates and certifications of post-
consumer recovered materials content
in paper and paper products pur-
chased during the year. If the vari-
ations are significant, procuring agen-
cies should determine whether mini-
mum content standards can be intro-
duced or raised without causing a
long-term increase in price.
(c) Procuring agencies should pre-
pare a report on their annual review
and monitoring of the effectiveness of
their procurement programs and make
the report available to the public. The
report should contain the following in-
formation:
(1) If the case-by-case approach is
being used, a demonstration that they
procure paper and paper products con-
taining postconsumer recovered mate-
rials to the maximum extent practica-
ble. The basis for this determination
should be a review of the data com-
piled on recovered materials content,
price, availability, and performance, as
well as a comparison of estimates and
certifications provided by the vendors.
(2) If the minimum content stand-
ards approach is being used, a determi-
nation of whether the minimum con-
tent standards in use should be raised,
lowered, or remain constant for each
item. The basis for these determina-
tions should be a review of the data
compiled on postconsumer recovered
materials content, price, availability,
and performance, as well as a compari-
son of estimates and certifications pro-
vided by the vendors.
(3) Documentation of specification
revisions made during the year.
§ 250.25 Implementation.
(a) Procuring agencies must com-
plete specification revisions in accord-
ance with RCRA section 6002(d)(2)
and development of affirmative pro-
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§ 250.25
curement programs in accordance with
RCRA section 6002(i) within one year
from the date of publication of this re-
vised guideline.
(b) Procuring agencies must begin
procurement of paper and paper prod-
ucts containing postconsumer recov-
ered materials in compliance with
RCRA section 6002, one year from the
date of publication of this revised
guideline.
40 CFR Ch. I (7-1-89 Edition)
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