14182 Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Notices

ENVIRONMENTAL PROTECTION

AGENCY

[SWH–FRL–5172–9]

Paper Products Recovered Materials

Advisory Notice

AGENCY: Environmental Protection

Agency.

ACTION: Notice of availability.

SUMMARY: The Environmental Protection

Agency today is providing notice of the

availability of a draft Paper Products

Recovered Materials Advisory Notice

and ‘‘Draft Paper Products RMAN—

Supporting Analyses.’’ This action will

promote paper recycling by using

government procurement to expand

markets for recovered paper. Under

section 6002 of the Resource

Conservation and Recovery Act of 1976,

EPA designates items that are or can be

made with recovered materials and

provides recommendations for

government procurement of these items.

In 1988, EPA designated the category of

paper and paper products and

recommended minimum recovered

materials content levels for items within

this category that are commonly

purchased by government agencies.

Today, EPA is issuing draft revisions to

the 1988 recommendations. EPA also

addresses issues raised by paper

manufacturers, merchants, and

purchasers as they have been

implementing the 1988

recommendations.

DATES: EPA will accept public

comments on the recommendations

contained in the draft Paper Products

Recovered Materials Advisory Notice

until May 15, 1995. Both written and

electronic comments must be submitted

on or before this date.

ADDRESSES: Commenters must send an

original and two copies of comments,

referencing docket F–95–PPRN–FFFFF,

to the RCRA Information Center (5305),

U.S. EPA, 401 M Street SW.,

Washington, DC 20460.

Commenters wishing to submit

Confidential Business Information (CBI)

should submit an original and two

copies of the CBI, referencing docket F–

95–PPRN–FFFFF, under separate cover

to the Document Control Officer (5305),

U.S. EPA, 401 M Street SW.,

Washington, DC 20460.

Comments may also be submitted

electronically by sending electronic

mail (e-mail) through the Internet

System to: RCRADocket@epamail.epa.gov. All electronic

comments must be submitted as an

ASCII file avoiding the use of special

characters and any form of encryption.

The comments should be identified by

docket number F–95–PPRN–FFFFF.

Further information on submitting

comments electronically is provided

below in the section entitled ‘‘Electronic

Filing of Comments.’’

Public comments and relevant

documents are available for viewing in

the RCRA Information Center (RIC),

located in room M2616, at the EPA

address listed above. The RIC is open

from 9 am to 4 pm, Monday through

Friday, excluding Federal holidays. To

review docket materials, the public

must make an appointment by calling

(202) 260–9327. Materials may be

copied for $0.15 per page.

FOR FURTHER INFORMATION CONTACT:

‘‘Draft Paper Products RMAN—

Supporting Analyses’’ is the primary

supporting document for the draft Paper

Products Recovered Materials Advisory

Notice (RMAN). Both the Federal

Register notice and the supporting

document will be available in electronic

format on the Internet System through

the EPA Public Access Server at

gopher.epa.gov. For a paper copy of the

Federal Register notice or ‘‘Draft Paper

Products RMAN—Supporting

Analyses,’’ please contact the RCRA

Hotline at 800–424–9346, or, in the

Washington, DC metropolitan area,

(703) 412–9810. Paper copies also are

available in the RCRA Docket at the

address listed in the previous section.

For technical information regarding

the recommendations in today’s notice,

contact Dana Arnold of the Recycling

Section in EPA’s Office of Solid Waste

at (703) 308–7279.

ELECTRONIC FILING OF COMMENTS: As part

of an interagency ‘‘streamlining’’

initiative, EPA is experimenting with

electronic submission of public

comments through the Internet, in

addition to accepting comments in

traditional written form. This notice is

one of the actions selected by EPA for

this experiment. From the experiment,

EPA will learn how electronic

commenting works, and any problems

that arise can be addressed before EPA

adopts electronic commenting more

broadly in its rulemaking activities.

Electronic comment through the

Internet raises some novel issues.

Persons who comment on this

document should be aware that this

experimental electronic commenting is

administered on a completely public

system. Therefore, any personal

information included in comments and

the electronic mail addresses of those

who make comments electronically are

automatically available to anyone else

who views these comments.

Similarly, since all electronic

comments are available to all users,

commenters should not submit

electronically any information which

they believe to be Confidential Business

Information (CBI). Such information

should be submitted only in writing as

described above under ADDRESSES.

The official record for this action will

be kept in paper form. Accordingly, EPA

will convert all documents received

electronically into printed paper form as

they are received and will place the

paper copies in the official record,

which will also include all comments

submitted directly in writing. The

official record is the paper record

maintained in the RCRA docket (see

ADDRESSES above). (Comments

submitted on paper will not be

transferred to electronic format. These

comments may be viewed only in the

RCRA docket as described above.)

Because the electronic comment

process is still experimental, EPA

cannot guarantee that all electronic

comments can be accurately converted

to printed paper form. If EPA becomes

aware of any problems with the receipt

of the electronic file or with its transfer

to paper, the Agency will attempt to

contact the commenter to request that

the comment be resubmitted in

electronic or written form.

Some commenters may choose to

submit identical comments in both

electronic and written form to ensure

accuracy. In these instances, EPA

requests that commenters clearly note in

both the electronic and written

submissions that the comments are

duplicated in the other medium. This

will assist EPA in processing and filing

the comments during the open comment

period.

As with written comments, EPA will

not attempt to verify the identities of

electronic commenters or to review the

accuracy of electronic comments. EPA

will take such commenters and

comments at face value. Electronic and

written comments will be placed in the

official record without any editing or

change by EPA except to the extent

changes occur in the process of

converting electronic comments to

printed paper form.

If it chooses to respond officially to

electronic comments on this notice, EPA

will do so either in a notice in the

Federal Register or in a response to

comments document placed in the

official record for this docket. EPA will

not respond to commenters

electronically, other than to seek

clarification of electronic comments that

may be garbled in transmission or

conversion to printed paper form. Any

communications from EPA employees
Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Notices 14183

to electronic commenters, other than

those described in this paragraph, either

through Internet or otherwise are not

official responses from EPA.

ACCESSING INTERNET:

1. Through Gopher: Go to:

gopher.epa.gov

From the main menu, choose ‘‘EPA

Offices and Regions’’. Next, choose

‘‘Office of Solid Waste and Emergency

Response (OSWER)’’. Next, choose

‘‘Office of Solid Waste’’. Then, choose

‘‘Non-Hazardous Waste—RCRA Subtitle

D’’. Finally, choose ‘‘Procurement/

Paper’’.

2. Through FTP: Go to: ftp.epa.gov

Login: anonymous

Password: Your Internet Address

Files are located in directories/pub/

gopher. All OSW files are in directories

beginning with ‘‘OSW’’.

3. Through MOSAIC: Go to: http://

www.epa.gov

Choose the EPA Public Access

Gopher. From the main (Gopher) menu,

choose ‘‘EPA Offices and Regions’’.

Next, choose ‘‘Office of Solid Waste and

Emergency Response (OSWER).’’ Next,

choose ‘‘Office of Solid Waste’’. Then,

choose ‘‘Non-Hazardous Waste—RCRA

Subtitle D’’. Finally, choose

‘‘Procurement/Paper’’.

4. Through dial-up access:

Dial 919–558–0335. Choose EPA

Public Access Gopher. From the main

(Gopher) menu, choose ‘‘EPA Offices

and Regions’’. Next, choose ‘‘Office of

Solid Waste and Emergency Response

(OSWER)’’. Next, choose ‘‘Office of

Solid Waste’’. Then, choose ‘‘NonHazardous Waste—RCRA Subtitle D’’.

Finally, choose ‘‘Procurement/Paper’’.

SUPPLEMENTARY INFORMATION:

Preamble Outline

I. Authority

II. Introduction

A. Objectives

B. The Procurement Guidelines

Development Process

C. Approach to Recovered Materials

Content Recommendations

1. One-part vs. Two-part Content Levels

2. Broad vs. Narrow Definition of

‘‘Postconsumer Materials’’

3. Establishment of Minimum Recovered

Materials Content Levels and Ranges

4. EPA’s Methodology for Recommending

Postconsumer and Recovered Fiber

Content Levels

III. Other Issues Addressed in the Draft Paper

Products RMAN

A. Measurement of Recovered Fiber

Content

B. Clarifications and Revisions to

Definitions

C. Revisions to Item Listings

D. Recyclability

E. Use of EPA’s Recommendations

III. Request for Comments

I. Authority

The draft Paper Products Recovered

Materials Advisory Notice is published

under authority of sections 2002(a) and

6002 of the Solid Waste Disposal Act, as

amended by the Resource Conservation

and Recovery Act of 1976, as amended,

42 U.S.C. 6912(a) and 6962, and

Executive Order 12873, ‘‘Federal

Acquisition, Recycling, and Waste

Prevention’’ (58 FR 54911, October 22,

1993).

II. Introduction

Today, the U.S. Environmental

Protection Agency (EPA or the Agency)

is publishing a draft Recovered

Materials Advisory Notice (RMAN),

which contains recommendations for

procuring agencies to use when

purchasing paper and paper products in

accordance with section 6002 of the

Resource Conservation and Recovery

Act of 1976 (RCRA).

Detailed information supporting

EPA’s draft recommendations are found

in ‘‘Draft Paper Products RMAN—

Supporting Analyses.’’ This document

is available electronically and in paper

form. See the section above entitled FOR

FURTHER INFORMATION CONTACT for

instructions for obtaining the supporting

analyses document in either format.

A. Objectives

In developing the draft

recommendations for paper and paper

products, EPA considered two

objectives. As required by RCRA section

6002, EPA’s first objective is to

recommend content levels that will

maximize the use of postconsumer

recovered materials in paper and paper

products. EPA’s second objective is to

promote paper recycling by increasing

both the usage of postconsumer

recovered materials in paper

manufacturing and the availability of

competitively-priced paper and paper

products containing postconsumer and

other recovered materials.

EPA recognizes that while its

recommendations are meant primarily

for the use of government procuring

agencies, EPA’s guidance is widely used

by private sector purchasers, who

represent 95% or more of paper

demand. EPA has found that when its

recommendations for postconsumer

recovered materials content are too

high, paper and paper products

containing these high percentages are

often unavailable to government

agencies and private sector purchasers

or are not consistently available

throughout the U.S. Also, while some

paper and paper products containing

these high percentages of recovered

materials are available, they often are

not price-competitive with other paper

and paper products offered to

government agencies and private sector

purchasers. As a result, overall use of

postconsumer recovered materials may

not be maximized simply by EPA’s

recommending high postconsumer

content levels.

Since designating paper and paper

products as procurement items in 1988,

EPA has found that increasing demand

from both public and private sector

purchasers has resulted in greater

recycling of postconsumer recovered

materials than simply increasing

demand from the public sector.

Therefore, in establishing today’s draft

content recommendations, EPA sought

to increase the availability to both

government and private purchasers of

reasonably-priced paper and paper

products containing postconsumer

recovered materials. EPA strongly

believes that this approach will

maximize the recycling and use of

postconsumer recovered materials.

Therefore, to meet its twin objectives,

EPA is adopting a different approach

than was used in 1988 to recommend

content levels for paper and paper

products. As explained in more detail

below, EPA is recommending two-part

content levels, consisting of a

postconsumer fiber component and a

recovered fiber component. EPA

believes that the two-part

recommendations will assure that there

is a demand for all recovered materials,

including postconsumer recovered

materials, as well as those generated

during paper converting and printing

operations.

Further, EPA is recommending

content ranges for each component,

whenever appropriate, to encourage

increased purchasing of paper and

paper products containing

postconsumer and recovered fiber

throughout the U.S. EPA believes that

ranges are appropriate for three reasons.

First, Executive Order 12873 directs

EPA to recommend ranges. Second,

while many agencies will continue to

purchase paper products centrally (or

from the General Services

Administration or the Government

Printing Office), local purchases will

increase as a result of recent government

procurement reform, which increases

the small purchase threshold and allows

greater local purchasing using credit

cards. Currently, the postconsumer and

total recovered fiber content of many

paper products varies, as does product
14184 Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Notices

availability, across the U.S. Procuring

agencies can use the ranges as an

information source in establishing

standards for local purchases.

Third, although EPA’s

recommendations are intended for

government purchasing agencies and

their contractors, the Agency is aware

that private sector purchasers refer to

EPA’s recommendations when

purchasing paper products. EPA wants

to encourage the continued broad use of

its recommendations to foster greater

demand for products containing

postconsumer and recovered fiber,

which, in turn, will lead to increased

usage of these materials. However, EPA

believes that private sector purchasers

may be able to find paper and paper

products available only at the lower end

of the ranges, because the large

quantities of paper that these purchasers

need will be manufactured mainly by

mills that use only lower levels of

postconsumer and recovered fiber.

There currently are insufficient

quantities of paper and paper products

containing high percentages of

postconsumer and recovered fiber to

meet the demand of both public and

private sector purchasers. By

recommending ranges, EPA is

acknowledging that some purchasers

will be able to buy products that contain

high percentages of postconsumer and

recovered fiber, while others will find

that products are available that contain

lower percentages of these materials.

Others, while not being able to buy

price-competitive products that contain

postconsumer and recovered fiber even

at the low end of the ranges, will

continue to seek such products,

increasing overall demand for recycled

paper products. EPA anticipates that

this increased demand for and purchase

of paper and paper products containing

postconsumer and recovered fiber, even

at the low end of the recommended

ranges, will spur pulp and paper mills

to make additional capital investments

in the equipment and systems needed to

use greater percentages of these fibers

and to produce them at a competitive

price.

Therefore, EPA encourages both

public and private sector purchasers to

establish their minimum content

standards at the highest levels

practicable; if a product is not available

at a competitive price and at a content

level at the high end of the range,

purchasers should set their standards at

the highest levels available to them that

meet their price and performance

objectives, using the recommended

range as a guide. In this way, EPA’s

recommended ranges will encourage

both public and private sector

purchasers to purchase paper products

containing the highest levels of

postconsumer and recovered fiber

practicable.

Finally, by establishing ranges, EPA is

taking into account the diversity that

exists within the paper industry. The

recommendations recognize that, in

many grades of paper, larger quantities

of paper and paper products are

produced at mills that primarily use

wood-based fiber than at mills that

primarily use recovered and

postconsumer fiber. While it is not

currently economically feasible for these

mills to substitute high percentages of

postconsumer fiber for the wood-based

fiber, it is technically and economically

possible for them to use lower

percentages of postconsumer and

recovered fiber. EPA believes that

ranges will provide an incentive for all

paper mills to maximize their usage of

postconsumer and recovered fiber. This

will lead to greater availability of

competitively-priced paper and paper

products for both public and private

purchasers. In the long run, this

approach will lead to greater demand

for postconsumer and recovered fiber.

B. The Procurement Guidelines

Development Process

EPA’s procurement guidelines are

required by section 6002 of RCRA and

Executive Order 12873. In an April 20,

1994 Federal Register notice, EPA

explained that under Executive Order

12873, the Agency is required to issue

a regulation, known as a Comprehensive

Procurement Guideline (CPG), which

will designate items that procuring

agencies should purchase containing

recovered materials. Executive Order

12873 also directed EPA to issue

guidance documents, known as

Recovered Materials Advisory Notices,

which will contain EPA’s

recommendations for purchasing the

designated items. In the April 20, 1994

Federal Register, EPA published the

first draft RMAN, which established

eight product categories corresponding

to the categories used in the CPG. One

of these categories, Part A, was reserved

for recommendations for paper and

paper products. See the April 20, 1994

Federal Register (59 FR 18852) and

‘‘Draft Paper Products RMAN—

Supporting Analyses’’ for more detail

about the requirements of RCRA section

6002 and the guidelines development

process.

In today’s notice, EPA is announcing

that the draft recommendations for

paper and paper products are available

for public review and comment. EPA’s

draft recommendations are found in the

Appendix at the end of this Federal

Register notice. They are arranged in the

RMAN format established by the April

20, 1994 Federal Register notice. As

noted above, detailed information

supporting the draft recommendations

are found in ‘‘Draft Paper Products

RMAN—Supporting Analyses.’’

C. Approach to Recovered Materials

Content Recommendations

1. One-Part vs. Two-Part Content Levels

As defined in RCRA section 6002(h),

the term ‘‘recovered materials’’ refers to

materials generated after the end of the

papermaking process. Recovered

materials can be generated by many

sources, including paper mills,

intermediate paper users such as

printers and converters, merchants,

retailers, and the intended end user.

Recovered materials are sometimes

divided into ‘‘preconsumer materials,’’

which refers to materials that have not

passed through their intended end

usage, and ‘‘postconsumer materials,’’

which refers to materials that have

passed through their intended end

usage. Minimum content standards can

be expressed as a percentage of

postconsumer materials content, a

percentage of recovered materials (or

total recovered materials) content, or

percentages of both. For example, today,

a common content standard for printing

and writing paper is 50% total

recovered materials, including 10%

postconsumer materials.

In 1988, EPA recommended

postconsumer content levels for

newsprint, tissue products, paperboard,

and packaging; and ‘‘waste paper’’

content levels for most printing and

writing papers. As defined in the 1988

paper procurement guideline, ‘‘waste

paper’’ includes postconsumer materials

and certain materials generated after the

end of the papermaking process (see 53

FR 23551, June 22, 1988).

In response to a 1990 EPA request for

comment (55 FR 40384, October 3,

1990) and an EPA-sponsored 1993

public forum, a group of commenters

suggested that the Agency recommend

two-part content levels consisting of a

‘‘total recovered materials’’ component

in addition to a postconsumer recovered

materials component. Within this group,

some commenters favor a postconsumer

materials component that is defined

consistently with the postconsumer

definition contained in RCRA section

6002(h). Others favor a broader

component consisting of postconsumer

materials plus certain preconsumer

materials that require deinking or

cleaning, similar to postconsumer

materials, prior to use.
Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Notices 14185

1See the ‘‘Final Report on Recycled Paper

Definitions, Standards, Measurement, Labeling

Guidelines, and Buy-Recycled Initiative,’’

Addendum E, Recycling Advisory Council,

February 6, 1992. EPA placed a copy of the report

in the docket for the Paper Products RMAN. The

report also is available from the National Recycling

Coalition.

2Manufacturers of food-grade paper and

paperboard must be able to certify that their

products meet Food and Drug Administration

requirements that the items contain no hazardous

and deleterious substances that can migrate into the

food. While it is technically possible to produce a

food-grade product with recovered and/or

postconsumer fiber, the material must be carefully

selected. Limited availability of suitable material

precludes wide-spread use of recovered or

postconsumer fiber in food-grade paper products.

These commenters argue that two-part

content levels can achieve two goals: (1)

Assure markets for all recovered

materials, regardless of source and (2)

increase demand for postconsumer

materials. Because there is a limited

amount of preconsumer recovered

materials, commenters argue that pulp

and paper mills will need to use greater

percentages of postconsumer materials

in order to meet total recovered

materials requirements in their

products. According to one commenter’s

estimate, the paper industry recovered

and used 87% of available preconsumer

materials (i.e., materials generated by

sources other than the intended end

user of a finished product) in 1990.1

According to the American Forest &

Paper Association (AF&PA), an industry

association, almost all preconsumer

materials are recovered and used when

exports are taken into account.

A second group of commenters

favored a single, strictly postconsumer

standard. These commenters argue that

most preconsumer material is already

recovered, and that the focus for

government procurement should be on

postconsumer paper because it is the

single largest component of municipal

solid waste. They also believe that only

a strictly postconsumer standard will

stimulate markets for materials collected

by municipal recycling programs.

A third group of commenters argue in

favor of a single, total recovered

materials standard encompassing both

preconsumer and postconsumer

materials. They believe that because

most preconsumer material is already

recovered, virtually all additional

recovered paper will necessarily come

from postconsumer sources.

EPA believes that the two-part

approach is preferable to the

postconsumer-only and total recovered

materials-only approaches because the

two-part approach will result in greater

usage of postconsumer materials. A

single, postconsumer level fails to

acknowledge the continuing

contribution to solid waste management

and the investments made by mills that

have been using all recovered materials,

regardless of source, that require

deinking, cleaning, or processing prior

to use. Additionally, EPA believes that,

because most preconsumer materials are

now being used, total recovered

materials content levels will lead to

higher use of postconsumer materials as

mills seek sufficient materials to meet

the total recovered materials content

levels.

EPA also believes that a broad, single,

total recovered materials content level

will not fulfill the statutory requirement

that government agencies procure paper

products containing the ‘‘highest

percentage of postconsumer recovered

materials practicable.’’

2. Broad vs. Narrow Definition of

‘‘Postconsumer Materials’’

Several groups recommended that

EPA broaden the postconsumer

definition to include certain

preconsumer materials that, like

postconsumer materials, require

deinking or contaminant removal prior

to use. These groups state that there is

no reason, from a papermaking

perspective, to separate these materials.

They further state that it is difficult to

distinguish postconsumer and

preconsumer materials and that tracking

of postconsumer materials is not

feasible and extremely costly to

implement.

It is not the intent of RCRA that pulp

and paper mills track every piece of

recovered paper or that mills using

recovered materials incur unnecessary

costs. Under RCRA section 6002,

procuring agencies are required to (1)

obtain certifications that the product

offered to them meets the minimum

content level specified in their

specifications or solicitation documents

and (2) purchase paper products

containing the highest levels of

postconsumer materials practicable.

Procuring agencies are not required to

obtain certifications regarding the exact

amount of postconsumer or recovered

fiber used. For example, if an agency

solicits copier paper containing 20%

postconsumer fiber, bidders must certify

that the product offered contains this

minimum percentage. The product may

occasionally contain higher levels of

postconsumer fiber, but the bidders and

the mills supplying them are not

required to conduct a detailed analysis

in order to determine the exact

percentage of postconsumer fiber in the

product in excess of the 20% minimum.

Some degree of tracking is needed,

however, to identify the postconsumer

materials content of paper and paper

products offered to government agencies

in order (1) to satisfy the RCRA

certification requirement and (2) to meet

the RCRA requirement that paper and

paper products contain the highest

levels of postconsumer materials

practicable. Although it is difficult, in

some instances, to determine whether a

material is pre- or postconsumer,

manufacturers of deinked market pulp

and paper products containing

postconsumer materials are making

market claims about the postconsumer

content of their products. Therefore,

EPA believes that the level of

information in the market is adequate,

and no additional tracking is necessary

for mills to certify that their products

meet EPA’s draft recommendations.

EPA notes that, while several groups

also urged the adoption of a broader

postconsumer definition for use in

Executive Order 12873, the Executive

Order contains a postconsumer

definition analogous to the statutory

definition. EPA believes that its

recommendations should be consistent

with Executive Order 12873.

As discussed in detail in the

supporting analyses document, there

have been significant increases in

deinking and processing capacity and

various technology improvements that

make it possible to manufacture

virtually all non-food 2 grades of paper

and paperboard using some percentage

of postconsumer fiber. Thus, EPA

believes that it is not necessary to

expand the definition of postconsumer

materials used in the 1988 procurement

guideline. For these reasons, EPA is

using the statutory definition of

‘‘postconsumer’’ in today’s draft RMAN.

EPA also notes that the type of

postconsumer ‘‘material’’ of concern is

fiber. For most products, the fiber is

derived from wood, but it also can be

derived from textiles or agricultural

products. The availability of such fiber

is limited and has been used primarily

by manufacturers of cotton fiber

printing and writing papers, which

represented less than 1% of printing

and writing papers capacity in 1993.

Recognizing this, EPA will refer to

‘‘postconsumer fiber,’’ rather than to

‘‘postconsumer material.’’ EPA believes

that the statutory definition is broad

enough to encompass postconsumer

fiber derived from textiles and other

non-wood sources.

Thus, the two-part content levels

recommended in today’s draft RMAN

will consist of a ‘‘recovered fiber’’

component and a ‘‘postconsumer fiber’’

component. These terms are discussed

in section III.B below.
14186 Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Notices

As part of this approach, EPA will no

longer use the term ‘‘waste paper’’ for

printing and writing papers. EPA prefers

the term ‘‘recovered fiber’’ because the

name reflects the fact that this material

has value. As discussed in section II.B

of this preamble, EPA is adapting the

1988 definition of ‘‘waste paper’’ to

define ‘‘recovered fiber.’’

3. Establishment of Minimum

Recovered Materials Content Levels and

Ranges

a. Content recommendations vs.

minimum content standards. RCRA

section 6002 requires procuring

agencies to purchase paper and paper

products containing the ‘‘highest

percentages of postconsumer recovered

materials practicable.’’ EPA stated in the

1988 paper procurement guideline that

the use of minimum content levels

would satisfy this requirement (see 53

FR 23553, June 22, 1988).

Under RCRA section 6002(i), it is the

procuring agencies’ responsibility to

establish minimum recovered materials

content standards, while EPA provides

recommendations regarding the levels of

recovered materials in the designated

items. To make it clear that EPA does

not establish the specific minimum

content standards used by other

agencies, EPA will no longer refer to its

recommendations as recovered

materials content ‘‘standards,’’ as was

done in the 1988 paper procurement

guideline. Instead, EPA will refer to its

recommendations as recovered

materials content ‘‘levels,’’ consistent

with RCRA section 6002(e) and

Executive Order 12873.

b. Recommended content ranges.

Executive Order 12873 directs EPA to

present ‘‘the range of recovered

materials content levels within which

the designated recycled items are

currently available.’’ In meeting this

provision, EPA will recommend ranges

that (1) reflect the best information

available to the Agency about the use of

postconsumer and other recovered fiber

in the manufacture of a designated item

and (2) encourage manufacturers to use

the maximum amount of postconsumer

and recovered fiber without

compromising competition or product

performance and availability. EPA

recommends that procuring agencies

use these ranges, in conjunction with

their own research into the content of

items available to them, to establish

their minimum content standards. In

some instances, EPA will recommend

one level, rather than a range, because

the item is universally available at that

recommended level. In such cases, EPA

recommends that procuring agencies

use that level in establishing their

minimum content standards.

4. EPA’s Methodology for

Recommending Postconsumer and

Recovered Fiber Content Levels

EPA identified and evaluated

pertinent data sources and information

regarding the percentages of

postconsumer and recovered fiber

contained in paper and paper products.

Sources included EPA research,

responses to the 1990 Federal Register

request for comment and the 1993

public forum, procuring agency and

industry data, manufacturers’

information, and other published data.

Based on this information and the

content levels established in Executive

Order 12873, EPA established

recommended levels or ranges of levels

for paper and paper products.

As previously discussed, whenever

feasible, EPA will recommend ranges for

both recovered fiber and postconsumer

fiber content. The high end of each

range will be set at the maximum

content currently used in paper and

paper products that are available in

sufficient quantities, and with adequate

competition, to meet procuring agency

needs. For many items, this level will be

100% for the recovered fiber component

of the two-part content

recommendations. The high end of each

range will direct procuring agencies

toward those levels that will meet the

statutory requirement to purchase paper

and paper products containing the

highest levels of postconsumer fiber

practicable. Thus, EPA strongly

encourages procuring agencies to

specify and seek paper and paper

products containing both postconsumer

and recovered fiber at levels at or near

the high end of the recommended

ranges if price and performance meet

the procuring agencies’ objectives.

The low end of each range will be set

at levels that can be met by the simple

majority of mills currently producing

paper and paper products containing

postconsumer and recovered fiber.

These levels could also be met by other

mills if they decide to purchase or

produce pulp made from postconsumer

and recovered fiber. For most items,

these levels will be higher than the

lowest percentage currently in products,

in order to provide an incentive for

paper mills that now primarily use

wood-based fiber or lower levels of

postconsumer or recovered fiber to

increase their use of postconsumer and

recovered fiber in the manufacture of

their products. For example, if the

majority of mills currently use 20%

postconsumer fiber in a writing paper,

but a few mills use 10% postconsumer

fiber, EPA would recommend 20% as

the low end of the range.

In all five major paper and paperboard

grades, there are groups of mills that use

high levels of postconsumer and

recovered fiber and groups of mills that

primarily use wood-based fiber,

sometimes in conjunction with low

percentages of postconsumer and/or

recovered fiber. EPA accounted for this

diversity in establishing the

recommended ranges. As a result, for

some items, there is a broad range for

postconsumer or recovered fiber

content. The high end of these ranges

generally reflects the percentages of

postconsumer and recovered fiber used

by mills that rely on this type of fiber,

while the low end of the ranges reflects

the percentages of postconsumer and

recovered fiber used by mills that rely

primarily on wood-based fiber. For

many items, the low end of the

recovered fiber range is the same

percentage as the low end of the

postconsumer fiber range. In these

instances, all of the recovered fiber used

by these mills is postconsumer fiber.

This means that the item can contain

either all postconsumer fiber (e.g., X%

recovered fiber, all of which is

postconsumer) or blends of recovered

and postconsumer fiber (e.g., 100%

recovered fiber, including Y%

postconsumer fiber) and still fall within

EPA’s recommended range.

It is EPA’s intention to provide

procuring agencies with the best and

most current information available to

assist them in fulfilling their statutory

obligations under RCRA section 6002.

To do this, EPA will monitor changes in

manufacturing capacity and product

content and the progress made by

procuring agencies in purchasing paper

and paper products with the highest

percentages of postconsumer and

recovered fiber practicable. EPA will

periodically adjust the recommended

content ranges to reflect these changes.

As larger quantities of paper become

available that contain higher levels of

postconsumer and recovered fiber, EPA

will consider increasing the content

levels in its recommendations.

III. Other Issues Addressed in the Draft

Paper Products RMAN

A. Measurement of Recovered Fiber

Content

As procuring agencies implemented

the 1988 designation of paper and paper

products, EPA received inquiries about

measurement of recovered fiber content.

Today, EPA is addressing the two

principal inquiries: (1) Whether

postconsumer and recovered fiber

content should be measured as a
Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Notices 14187

percentage of fiber weight or total sheet

weight and (2) whether mill broke

generated by a papermaking process that

uses postconsumer or recovered fiber

can be included in content calculations.

In the draft RMAN, EPA recommends

that postconsumer and recovered fiber

content be measured as a percentage of

the weight of the fiber in paper or a

paper product. In addition, EPA wishes

to clarify that mill broke generated by a

papermaking process that uses

postconsumer or recovered fiber can be

included in content calculations, to the

extent that the feedstock contains

materials which would qualify as

postconsumer or recovered fiber. These

issues are discussed in detail in chapter

VI.A of ‘‘Draft Paper Products RMAN—

Supporting Analyses.’’

B. Clarifications and Revisions to

Definitions

Today, EPA also addresses

definitional issues raised by procuring

agencies, mills and other interested

parties since the 1988 paper

procurement guideline was issued.

Specifically, EPA has been asked (1)

whether the definition of

‘‘postconsumer’’ includes printers’ overruns, converters’ scrap, and/or overissue publications, (2) which definition

of ‘‘recovered materials’’ applies to the

content standards established in

Executive Order 12873, and (3) whether

a paper product converted from offspecification paper or obsolete

inventory contains ‘‘recovered

material.’’

EPA discusses these questions in

detail in chapter VI.B of ‘‘Draft Paper

Products RMAN—Supporting

Analyses.’’ EPA’s responses to the

inquiries are as follows. (1) The

definition of ‘‘postconsumer’’ materials

in RCRA section 6002(h) does not

include printers’ over-runs, converters’

scrap, and/or over-issue publications.

(2) Procuring agencies should use the

definition of ‘‘recovered fiber’’ in

today’s draft RMAN when purchasing

printing and writing papers in

accordance with the content levels

established in Executive Order 12873.

(3) Because off-specification paper and

obsolete inventory that contain no

recovered fiber do not meet the statutory

definition of ‘‘recovered materials,’’

products made from these materials

cannot be sold as recycled products.

Materials must be repulped, not just

recovered, in order to count toward

recovered fiber content.

In addition, several commenters

suggested that EPA expand the

definition of ‘‘mill broke’’ and narrow

the definition of ‘‘waste paper.’’ In

today’s draft RMAN, EPA has expanded

the mill broke definition to include

certain materials that are generated after

the completion of the papermaking

process, including materials generated

in finishing operations. These materials

are commonly re-pulped, sold to others

for pulping, or otherwise used in or

converted to paper products. In

addition, in developing the definition of

‘‘recovered fiber’’ from the 1988 ‘‘waste

paper’’ definition, EPA has made three

significant changes. First, the definition

found in section A–7 of the draft RMAN

clarifies that materials must be

repulped, not just recovered, in order to

count toward recovered fiber content.

Second, consistent with the revised

definition of ‘‘mill broke,’’ the definition

of ‘‘recovered fiber’’ excludes materials

such as obsolete inventory or offspecification product generated at mills

after the end of the papermaking

process. Third, EPA is clarifying that

forest residues do not count toward

‘‘recovered fiber’’ content. See chapter

VI.B of ‘‘Draft Paper Products RMAN—

Supporting Analyses’’ for a detailed

discussion of the draft definitions of

‘‘mill broke’’ and ‘‘recovered fiber.’’

C. Revisions to Item Listings

The 1988 paper procurement

guideline contained 24 recommended

minimum content levels. Today’s draft

RMAN contains 54 recommended

minimum content levels. In addition to

revised content recommendations, EPA

made the following changes:

• The printing and writing paper

recommendations are no longer limited

to ‘‘high grade bleached’’ papers.

• The draft RMAN uses new

terminology for uncoated printing and

writing papers to better reflect the

terminology currently used by paper

merchants and mills.

• The draft RMAN incorporates the

content levels for uncoated printing and

writing papers established by Executive

Order 12873.

• The draft RMAN includes separate

recommendations for wove and kraft

envelopes, rather than lumping them

into one envelope listing.

• The draft RMAN includes

recommendations for supercalendered

paper, safety paper, coated printing

papers, and bristols.

• The ‘‘doilies’’ listing under the

tissue products subcategory has been

replaced with a ‘‘tray liners’’ listing in

a new Miscellaneous Paper Products

subcategory.

• The ‘‘Unbleached packaging’’ and

‘‘Recycled paperboard’’ subcategories

have been reorganized into a Paperboard

and Packaging subcategory that contains

recommendations for corrugated

containers, solid fiber boxes, folding

cartons, industrial paperboard,

miscellaneous paperboard products,

carrierboard, and brown papers.

These changes are discussed in detail

in ‘‘Draft Paper Products RMAN—

Supporting Analyses.’’

D. Recyclability

The underlying purpose of RCRA

section 6002 is to use the stimulus of

governmental purchasing to foster

markets for recovered materials.

Therefore, EPA encourages materials

recovery to conserve valuable natural

resources and to provide alternatives to

landfilling and incineration. In order to

achieve both of these objectives, EPA

believes that procuring agencies should

consider the impact of their purchases

on their recyclable materials collection

programs.

Depending on their fiber or other

characteristics, some used paper

products containing recovered materials

may have a wider variety of potential

markets and, therefore, may be easier to

recycle than others. Certain

characteristics can lower the value of

collected used paper or limit its reuse as

a feedstock for new products. Other

characteristics might require

adjustments in an agency’s recyclables

collection program.

For example, ‘‘white office paper’’ is

a highly valued recovered material.

Depending on its market, a ‘‘white office

paper’’ collection program might

exclude other office papers that are

colored, coated, or contain groundwood.

Thus, if a procuring agency decided to

purchase a colored paper or a paper

containing groundwood for use in office

printers and copiers, the agency should

expect that these materials would affect

the office paper collection program if

they are mixed with the white paper.

The agency could find that the used

paper is recyclable, but that (1) its value

is reduced because it is now ‘‘mixed

paper’’ rather than ‘‘white office paper,’’

or (2) a separate sort is required in order

to maintain the value of the white office

paper. Alternatively, the agency could

find that the mixed paper must be

disposed of because there is no market

for it in the geographic area in which

the agency is located.

Yet other characteristics might make a

paper product more recyclable or

generate less material because the

product is source reduced. For example,

manufacturers may be using less

packaging or reusable packaging,

resulting in less waste.

EPA believes that procuring agencies

should consider these impacts prior to

purchasing paper products containing

recovered materials. Therefore, in

section A–6 of today’s draft RMAN, EPA
14188 Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Notices

is recommending that procuring

agencies consider the effect of their

procurement actions on their used paper

collection programs by assessing the

impact of their decisions on their

overall contribution to the solid waste

stream.

E. Use of EPA’s Recommendations

EPA encourages state and local

agencies and private sector purchasers

to use the recommendations in today’s

draft RMAN when purchasing paper

and paper products. EPA recommends

that purchasers establish their minimum

content standards at the highest

percentages available to them that

achieve their price and performance

objectives, even if these standards are

above EPA’s recommended ranges.

EPA has found that some state

agencies have been using the Agency’s

1988 content recommendations as a

starting point in establishing product

labeling requirements. While EPA’s

recommendations were not intended for

use as labeling standards, they can be

used as an information source for

agencies establishing recycled product

labeling programs.

EPA cautions persons using EPA’s

recommendations, whether to establish

purchasing specifications or labeling

standards, to use them only for the

specific items for which they were

intended. It is not appropriate to

analogize from one item in a paper

grade (e.g., printing and writing paper,

tissue products, paperboard) to another

item that could also fall within that

grade, without first researching the use

of postconsumer and recovered fiber in

the other item. The two items could

have different performance

requirements necessitating different

levels of postconsumer or recovered

fiber. In addition, one item could be

made primarily by mills that use high

percentages of postconsumer or

recovered fiber, while the other item

could be made primarily by mills that

use low or no percentages of this fiber.

IV. Request for Comments

EPA requests comment on the content

levels, definitions, and specifications

recommendations found in today’s draft

RMAN. In addition, EPA requests

comment or information on the

following issues, which are discussed in

detail in ‘‘Draft Paper Products RMAN—

Supporting Analyses:’’

Recommendations for Tissue Products

• Do government agencies or their

contractors purchase specialty tissue

products?

• Is postconsumer or other recovered

fiber used in the manufacture of

specialty tissue products and, if so, in

what percentages?

• Can manufacturers of consumer

paper napkins and consumer facial

tissues that primarily use wood-based

fiber produce these items using a

minimum of 30% and 20%

postconsumer fiber, respectively? If not,

what levels of postconsumer fiber can

be used in these items?

• Can manufacturers of consumer

paper napkins and consumer facial

tissues use a range of recovered fiber

from 30–100% and 20–100%,

respectively?

• Are tray liners available containing

percentages of recovered fiber,

including postconsumer fiber, other

than 100% recovered fiber, including

75% postconsumer fiber?

• Can postconsumer fiber be used in

tray liners and meet Food and Drug

Administration (FDA) restrictions on

migration of contaminants into food?

Recommendations for Paperboard and

Packaging Products

• Is recovered fiber other than

postconsumer fiber used in the

manufacture of corrugated containers?

• Are corrugated containers rated at

300 psi or greater available containing

more than 30% postconsumer fiber?

• Will the recent increased demand

for OCC affect the ability of

manufacturers to meet the

recommended content levels for

corrugated containers?

• Will the imminent availability of

additional capacity to make linerboard

containing 100% recovered fiber allow

manufacturers to exceed the high end of

the ranges of recommended content

levels for corrugated containers?

• Are there differences in the

postconsumer fiber content currently

used in coated and uncoated folding

cartons?

• Should recommendations for coated

and uncoated folding cartons be listed

separately because of the differences in

their ability to incorporate

postconsumer fiber content?

• Will the recent increased demand

for OCC affect the availability of folding

cartons containing higher percentages of

postconsumer fiber?

• Should EPA recommend different

content levels for the various industrial

paperboard products, based on the

specific application(s) for those

products?

• Should EPA recommend different

postconsumer ranges for coated and

uncoated miscellaneous paperboard

products, and should there should be

different content recommendations

based on the specific application(s) of

the products?

• Are percentages of postconsumer

fiber greater than 15% used in padded

mailers? What percentages of recovered

fiber other than postconsumer fiber are

used in padded mailers?

• Are there different performance

characteristics of the two different types

of carrierboard (solid unbleached sulfate

and recycled paperboard) that would

require listing them separately in the

final RMAN?

• Is postconsumer or other recovered

fiber used in solid bleached sulfate

paperboard products, in general, and in

food grade items in particular?

• Do procuring agencies purchase

solid bleached sulfate paperboard

products, either directly or indirectly? If

yes, to what extent?

• Should EPA recommend content

levels for solid bleached sulfate

paperboard products?

Recommendations for Printing and

Writing Papers

• Do state agency requirements for

the paper used to print state checks

differ from federal or commercial check

specifications and if so, how? What is

the availability of safety paper

containing recovered and postconsumer

fiber that meets state agency

requirements?

• What is the performance and

availability of greeting card stock

containing higher percentages of

postconsumer fiber?

Dated: March 8, 1995.

Elliott P. Laws,

Assistant Administrator, Office of Solid Waste

and Emergency Response.

Appendix—Draft Paper Products

Recovered Materials Advisory Notice

Contents

Part A—Paper and Paper Products

Section A–1—Printing and Writing Papers

Section A–2—Newsprint

Section A–3—Sanitary Tissue Products

Section A–4—Paperboard and Packaging

Section A–5—Miscellaneous Paper

Products

Section A–6—Other Recommendations for

Paper and Paper Products

Section A–7—Definitions

Appendix A–1.—Example Calculation of

Postconsumer Fiber Content of a

Corrugated Container

Part A—Paper and Paper Products

Section A–1—Printing and Writing Papers

Preference Program: EPA recommends that

procuring agencies establish minimum

content standards expressed as a percentage

of recovered fiber, including a percentage of

postconsumer fiber. EPA recommends that

procuring agencies base their minimum

content standards for printing and writing

papers on the content levels shown in Tables

A–1a, A–1b, and A–1c. Percentages are based

on the fiber weight of the product.
Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Notices 14189

TABLE A–1A.—RECOMMENDED RECOVERED FIBER CONTENT LEVELS FOR UNCOATED PRINTING AND WRITING PAPERS

Item

Recovered

fiber (percent)

Postconsumer

fiber (percent)

Reprographic Paper (e.g., mimeo and duplicator paper, high-speed copier paper, and bond paper*) .................... 20 20

Offset Paper (e.g., offset printing paper*, book paper*, bond paper*) ....................................................................... 20 20

Tablet Paper (e.g., office paper such as note pads, stationery* and other writing* papers) ..................................... 20 20

Forms Bond (e.g., forms, computer printout paper, ledger*) ..................................................................................... 20 20

Envelope Paper:

Wove .................................................................................................................................................................... 20 20

Kraft:

White and colored (including manila) .............................................................................................................. 10–20 10–20

Unbleached ...................................................................................................................................................... 10 10

Cotton Fiber Paper (e.g., cotton fiber papers, ledger*, stationery* and matching envelopes, and other writing* papers) ........................................................................................................................................................................ 50 20

Text & Cover Paper (e.g., cover stock, book paper*, stationery* and matching envelopes, and other writing*

paper) ...................................................................................................................................................................... 50 20

Supercalendered ......................................................................................................................................................... 10 10

Check Safety Paper .................................................................................................................................................... 10 10

*These items can be made from a variety of printing and writing papers, depending on the performance characteristics of the item. Some of

the papers are a commodity-type and some are specialty papers. EPA recommends that procuring agencies determine the performance characteristics required of the paper prior to establishing minimum content standards. For example, bond, ledger, or stationery made from cotton fiber

paper or a text and cover paper have different characteristics than similar items made from commodity papers.

TABLE A–1b.—RECOMMENDED RECOVERED FIBER CONTENT LEVELS FOR COATED PRINTING AND WRITING PAPERS

Item

Recovered

fiber (percent)

Postconsumer

fiber (percent)

Coated Printing Paper .................................................................................................................................................. 10 10

Carbonless .................................................................................................................................................................... 20 20

TABLE A–1c.—RECOMMENDED RECOVERED FIBER CONTENT LEVELS FOR BRISTOLS

Item

Recovered

fiber (percent)

Postconsumer

fiber (percent)

File Folders (manila and colored) ............................................................................................................................... 20 20

Dyed Filing Products ................................................................................................................................................... 20–50 20

Cards (index, postal, and other, including index sheets) ........................................................................................... 50 20

Pressboard Report Covers and Binders ..................................................................................................................... 50 20

Tags and Tickets ........................................................................................................................................................ 20–50 20

Section A–2—Newsprint

Preference Program: EPA recommends that procuring agencies establish minimum content standards expressed as

a percentage of recovered fiber, including a percentage of postconsumer fiber. EPA recommends that procuring agencies

base their minimum content standards for newsprint on the content levels shown in Table A–2. Percentages are based

on the fiber weight of the product.

TABLE A–2.—RECOMMENDED RECOVERED FIBER CONTENT LEVELS FOR NEWSPRINT

Item

Recovered

fiber (percent)

Postconsumer

fiber (percent)

Newsprint ...................................................................................................................................................................... 40–100 40–85

Section A–3—Tissue Products

Preference Program: EPA recommends that procuring agencies establish minimum content standards expressed as

a percentage of recovered fiber, including a percentage of postconsumer fiber. EPA recommends that procuring agencies

base their minimum content standards for tissue products on the content levels shown in Table A–3. Percentages are

based on the fiber weight of the product.
14190 Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Notices

TABLE A–3.—RECOMMENDED RECOVERED FIBER CONTENT LEVELS FOR TISSUE PRODUCTS

Item

Recovered

fiber (percent)

Postconsumer

fiber (percent)

Bathroom tissue:

Commercial/industrial .......................................................................................................................................... 100 25–60

Consumer ............................................................................................................................................................ 20–100 20–60

Paper towels:

Commercial/industrial .......................................................................................................................................... 100 40–60

Consumer ............................................................................................................................................................ 20–100 20–60

Paper napkins:

Commercial/industrial .......................................................................................................................................... 100 30–60

Facial tissue:

Commercial/industrial .......................................................................................................................................... 100 30

Industrial wipers .......................................................................................................................................................... 40–100 40

Section A–4—Paperboard and Packaging Products

Preference Program: EPA recommends that procuring agencies establish minimum content standards expressed as

a percentage of recovered fiber, including a percentage of postconsumer fiber. EPA recommends that procuring agencies

base their minimum content standards for paperboard and packaging products on the content levels shown in Table

A–4. Percentages are based on the fiber weight of the product.

TABLE A–4.—RECOMMENDED RECOVERED FIBER CONTENT LEVELS FOR PAPERBOARD AND PACKAGING PRODUCTS

Item

Recovered

fiber (percent)

Postconsumer

fiber (percent)

Corrugated containers:*

(<300 psi) ............................................................................................................................................................. 40–50 40–50

(300 psi) ............................................................................................................................................................... 30 30

Solid Fiber Boxes ........................................................................................................................................................ 40 40

Folding cartons** ......................................................................................................................................................... 100 40–80

Industrial paperboard (e.g., tubes, cores, drums, and cans) ..................................................................................... 100 45–100

Miscellaneous (e.g., pad backs, covered binders, book covers, mailing tubes, protective packaging) .................... 90–100 75–100

Padded mailers ........................................................................................................................................................... 5–15 5–15

Carrierboard ................................................................................................................................................................ 25–100 15

Brown papers (e.g., wrapping paper and bags) ......................................................................................................... 5–40 5–20

* The recovered fiber and postconsumer fiber content is calculated from the content of each component relative to the weight each contributes

to the total weight of the box. See Appendix I for an example.

** The recommended content ranges are not applicable to all types of paperboard used in folding cartons. Cartons made from solid bleached

sulfate or solid unbleached sulfate contain no or small percentages of postconsumer fiber, depending on the paperboard source.

Section A–5—Miscellaneous Paper Products

Preference Program: EPA recommends that procuring agencies establish minimum content standards expressed as

a percentage of recovered fiber, including a percentage of postconsumer fiber. EPA recommends that procuring agencies

base their minimum content standards for the listed paper products on the content levels shown in Table A–5. Percentages

are based on the fiber weight of the product.

TABLE A–5.—RECOMMENDED RECOVERED FIBER CONTENT LEVELS FOR MISCELLANEOUS PAPER PRODUCTS

Item

Recovered

fiber (percent)

Postconsumer

fiber (percent)

Tray liners ..................................................................................................................................................................... 100 75

Section A–6—Other Recommendations

for Paper and Paper Products

Measurement: EPA recommends that

procuring agencies express their

minimum content standards as a

percentage of the fiber weight of the

paper or paper product. EPA further

recommends that procuring agencies

specify that mill broke cannot be

counted toward postconsumer or

recovered fiber content, except that

procuring agencies should permit mills

to count mill broke generated in a

papermaking process using

postconsumer and/or recovered fiber as

feedstock toward ‘‘postconsumer fiber’’

or ‘‘recovered fiber’’ content, to the

extent that the feedstock contained

these materials. In other words, if a mill

uses less than 100% postconsumer or

recovered fiber, only a proportional

amount of broke can be counted towards

postconsumer or recovered fiber

content.

Specifications: EPA recommends that

procuring agencies review specifications

provisions pertaining to performance

and aesthetics and revise provisions that

can impede use of postconsumer and

recovered fiber, unless such provisions

are related to reasonable performance

standards. Agencies should determine

whether performance provisions are
Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Notices 14191

unnecessarily stringent for a particular

end use. Agencies also should revise

aesthetics provisions—such as

brightness, dirt count, or shade

matching—if appropriate, consistent

with the agencies’ performance

requirements, in order to allow for a

higher use of postconsumer and

recovered fiber.

EPA recommends that procuring

agencies document determinations that

paper products containing

postconsumer and recovered fiber will

not meet the agencies’ reasonable

performance standards. Any

determination should be based on

technical performance information

related to a specific item, not a grade of

paper or type of product.

EPA recommends that procuring

agencies watch for changes in the use of

postconsumer and recovered fiber in

paper and paper products. When a

paper or a paper product containing

postconsumer and recovered fiber is

produced in types and grades not

previously available, at a competitive

price, procuring agencies should either

revise specifications to allow the use of

such type or grade, or develop new

specifications for such type or grade,

consistent with the agencies’

performance requirements.

Recyclability: EPA recommends that

procuring agencies consider the effect of

a procurement of a paper product

containing recovered and postconsumer

fiber on their paper collection programs

by assessing the impact of their decision

on their overall contribution to the solid

waste stream.

Section A–7—Definitions

For purposes of the recommendations

contained in this Part, terms shall have

the following meanings:

‘‘Postconsumer fiber’’ means:

(1) Paper, paperboard, and fibrous

wastes from retail stores, office

buildings, homes, and so forth, after

they have passed through their endusage as a consumer item, including:

used corrugated boxes; old newspapers;

old magazines; mixed waste paper;

tabulating cards; and used cordage; and

(2) All paper, paperboard, and fibrous

wastes that enter and are collected from

municipal solid waste.

Postconsumer fiber does not include

fiber derived from printers’ over-runs,

converters’ scrap, and over-issue

publications.

‘‘Recovered fiber’’ ‘‘Recovered fiber’’

means the following materials:

(1) Postconsumer fiber such as:

(A) Paper, paperboard, and fibrous

wastes from retail stores, office

buildings, homes, and so forth, after

they have passed through their endusage as a consumer item, including:

used corrugated boxes; old newspapers;

old magazines; mixed waste paper;

tabulating cards; and used cordage; and

(B) All paper, paperboard, and fibrous

wastes that enter and are collected from

municipal solid waste.

(2) Fiber derived from printing and

converting operations, excluding any

paper generated in a paper mill prior to

the completion of the paper

manufacturing process. ‘‘Recovered

fiber’’ includes repulped fiber from dry

paper scrap generated after the paper

machine reel has been rewound and/or

cut into smaller rolls or rough sheets,

including but not limited to:

(A) Envelope cuttings, finishing trim,

bindery trimmings, and other paper and

paperboard resulting from printing,

cutting, forming, and other converting

operations; and bag, box, and carton

manufacturing wastes; and

(B) Repulped finished paper and

paperboard from obsolete inventories of

paper merchants, wholesalers, dealers,

printers, converters, or consumers.

‘‘Mill broke’’ means any paper or

paperboard scrap generated in a mill

prior to completion of the papermaking

process and/or specific materials

generated during finishing operations

that occur after the end of the

papermaking process. It includes the

following materials, whether generated

prior to or after the completion of the

papermaking process: paper machine

trim, offgrade or off-specification rolls

(also referred to as rejected, unused

stock), culls, stub rolls, side rolls, end

rolls, and obsolete inventories of paper

and paperboard. Although mill broke is

occasionally sold from one mill to

another, such a sale does not alter its

classification or exclusion from the

definition of ‘‘recovered fiber.’’

Appendix A–1.—Example Calculation

of Postconsumer Fiber Content of a

Corrugated Container

C-flute has a take-up factor of

approximately 1.44, which means that

for each one foot of combined

corrugated board there is 1.44 feet of

fluted medium. This factor is used to

calculate the weight of paperboard in a

given area of combined corrugated

board, from which the basis weight of

the board is derived. Each linerboard

contributes 35% of the basis weight (42/

121.4). The medium contributes 30% of

the total basis weight (37.4/121.4).

Board basis

weight (lbs/MSF)

Linerboard #1 .................... 42×1.00=42.0

Medium ............................. 26×1.44=37.4

Linerboard #2 .................... 42×1.00=42.0

Combined Board Weight .. 121.4 lbs/MSF

If the linerboard used has 20%

postconsumer fiber and the medium has

80% postconsumer fiber, the resulting

total postconsumer fiber content of the

containerboard is as follows:

Linerboard: .35×.20=.07×2=.14 (or 14%)

Medium: .30×.80=.24 (or 24%)

Total postconsumer fiber: .14+.24=.38

(or 38%)

[FR Doc. 95–6407 Filed 3–14–95; 8:45 am]

BILLING CODE 6560–50–P