26986 Federal Register / Vol. 61, No. 104 / Wednesday, May 29, 1996 / Notices

ENVIRONMENTAL PROTECTION

AGENCY

[SWH–FRL–5510–4–/EPA530–Z–96–005]

Paper Products Recovered Materials

Advisory Notice

AGENCY: U.S. Environmental Protection

Agency.

ACTION: Notice of availability of final

document.

SUMMARY: EPA is providing notice of the

availability of the final Paper Products

Recovered Materials Advisory Notice

(RMAN) and supporting materials.

Under Section 6002 of the Resource

Conservation and Recovery Act, which

establishes a buy-recycled program for

federal agencies, EPA designates items

that are or can be made with recovered

materials and provides

recommendations for government

procurement of these items. The Agency

is revising the 1988 recommendations to

government procuring agencies for

purchasing paper and paper products

containing recovered materials. The

final Paper Products RMAN addresses

issues raised by paper manufacturers,

merchants, and purchasers as they

implemented the 1988

recommendations, and incorporates

minimum content standards for

uncoated printing and writing papers

established by Executive Order. This

action will promote paper recycling by

using government purchasing to expand

and maintain markets for recovered

paper.

ADDRESSES: Supporting materials are

available for viewing in the RCRA

Information Center (RIC), located in

Crystal Gateway I, 1235 Jefferson Davis

Highway, First Floor, Arlington,

Virginia. The Docket Identification

Number is F–96–PPRF–FFFFF. The RIC

is open from 9:00 am to 4:00 pm,

Monday through Friday, excluding

federal holidays. To review docket

materials, it is recommended that the

public make an appointment by calling

703 603–9230. The public may copy a

maximum of 100 pages from any

regulatory docket at no charge.

Additional copies cost $0.15 per page.

The index of and some supporting

materials are also available

electronically. See Section IV of the

SUPPLEMENTARY INFORMATION section for

information on accessing the materials

electronically.

FOR FURTHER INFORMATION CONTACT: For

general information, please contact the

RCRA Hotline at 800 424–9346, TDD

800 553–7672 (hearing impaired), or 703

412–9810 (Washington, DC

metropolitan area).

For more detailed information

regarding the recommendations in

today’s notice, contact Dana Arnold of

the Office of Solid Waste at 703 308–

7279 or at U.S. Environmental

Protection Agency (5306W), 401 M

Street, S.W., Washington, DC 24060, or

at e-mail: arnold.dana@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

Preamble Outline

I. Authority

II. Agency’s Response to Public Comments

A. Definition of ‘‘Postconsumer Fiber’’

B. Definitions of ‘‘Recovered Fiber’’ and

‘‘Mill Broke’’

C. Inclusion of Recommendations for

Consumer (At-home) Tissue Products

D. Recommendations for Newsprint,

Corrugated Containers, Carrierboard, and

Commercial/Industrial Tissue Products

1. Newsprint

2. Corrugated Containers

3. Carrierboard

4. Commercial/Industrial Tissue Products

III. Revision to Executive Order 12873

IV. Supporting Materials and Accessing

Internet

V. Use of EPA’s Recommendations

Final Paper Products Recovered Materials

Advisory Notice

I. Authority

The final Paper Products Recovered

Materials Advisory Notice (Paper

RMAN) is published under authority of

sections 2002(a) and 6002 of the Solid

Waste Disposal Act, as amended by the

Resource Conservation and Recovery

Act of 1976, as amended, 42 U.S.C.

6912(a) and 6962, and Executive Order

12873, ‘‘Federal Acquisition, Recycling,

and Waste Prevention’’ (58 FR 54911,

October 22, 1993).

II. Agency’s Response to Public

Comments

Today, the U.S. Environmental

Protection Agency (EPA or the Agency)

is publishing a final Paper RMAN,

which contains recommendations for

procuring agencies to use when

purchasing paper and paper products in

accordance with section 6002 of the

Resource Conservation and Recovery

Act of 1976 (RCRA).

EPA received over 50 comments on

the draft Paper RMAN, which was

published in the Federal Register on

March 15, 1995 (see 50 FR 14181–

14191). In addition to responding to

EPA’s requests in the draft Paper RMAN

for comment on certain issues, the

commenters also raised the following

issues:

(1) Definition of ‘‘postconsumer

fiber,’’

(2) Definitions of ‘‘recovered fiber’’

and ‘‘mill broke,’’

(3) Inclusion of recommendations for

consumer (at-home) tissue products,

and

(4) Recommendations for newsprint,

corrugated containers, carrierboard, and

commercial/industrial tissue products.

A summary of all comments received

and the Agency’s response to these

comments are provided in ‘‘Final

Summary of Comments on the Proposed

Paper Products Recovered Materials

Advisory Notice’’ and ‘‘Final Paper

Products Recovered Materials Advisory

Notice—Response to Comments,’’

respectively. The response to comments

document also provides discussions of

changes EPA made to the March 1995

draft recommendations, other than those

discussed in this notice. See also ‘‘Draft

Paper Products RMAN—Supporting

Analyses,’’ February 1995, for

additional discussions of the

recommendations in the Paper RMAN.

Section IV of this preamble provides

information on viewing and obtaining

copies of these documents.

A. Definition of ‘‘Postconsumer Fiber’’

In the draft Paper RMAN, EPA

defined ‘‘postconsumer fiber’’ based on

RCRA section 6002(h)(1)’s definition of

‘‘postconsumer recovered materials.’’

This is the same definition EPA used in

the 1988 paper procurement guideline.

In the draft Paper RMAN, however, EPA

further stated that the definition of

‘‘postconsumer fiber’’ excludes ‘‘fiber

derived from printers’ over-runs,

converters’ scrap, and over-issue

publications.’’ EPA has consistently

taken the position since 1988 that

postconsumer fiber does not include

these recovered papers.

Several commenters argued that EPA

should adopt a broader postconsumer

definition for its recommendations.

Most of these commenters believe that

over-issue publications, such as

newspapers and magazines, are

postconsumer materials. Some of the

commenters also stated that printers’

over-runs should be included in the

postconsumer definition. The

commenters stated that the source of

recovered paper is irrelevant to the pulp

and papermaking processes because

printed materials must be handled and

pulped in the same way, regardless of

source. The commenters also stated that

it is not always possible to determine

the origin of a bale or truckload of

recovered paper and that there is no

scientific means of testing paper to

determine whether or not it is from a

postconsumer source. They further

claimed that the use of the narrower

definition adds to the costs of

manufacturing recycled paper because it
Federal Register / Vol. 61, No. 104 / Wednesday, May 29, 1996 / Notices 26987

is more costly to track postconsumer

materials.

EPA previously discussed these

arguments in the preamble to the draft

Paper RMAN (60 FR 14185, March 15,

1995) and in ‘‘Draft Paper Products

RMAN—Supporting Analyses’’.

Commenters simply repeated past

arguments without providing new

information to justify expanding the

postconsumer definition. As explained

in the following discussion, EPA

continues to believe that its

interpretation of RCRA section 6002 is

reasonable.

RCRA section 6002(c) requires each

procuring agency that purchases an

EPA-designated item to procure such

item containing the highest levels of

recovered material practicable. In the

case of paper, a procuring agency must

procure a designated paper item

composed of the ‘‘highest percentage of

postconsumer recovered materials.’’

RCRA section 6002(h) defines

‘‘recovered materials’’ in the case of

paper products. Paper recovered

materials include two subsets:

postconsumer materials, defined in

(h)(1), and manufacturing and other

recovered materials, defined in (h)(2).

Of the three types of material in

question (converting scrap, printers’

over-runs, and over-issue publications),

one—converting scrap—clearly is not a

postconsumer material. RCRA section

6002(h) specifically lists it with

manufacturing and other recovered

materials in subset (h)(2).

With respect to the other two types of

material, over-issue publications and

printers’ over-runs, RCRA section

6002(h)(1) suggests two clear

benchmarks for determining whether

these are postconsumer materials. First,

postconsumer paper includes paper that

has passed through its end-usage as a

consumer item. This includes

conventional discarded paper (e.g., old

newspapers and magazines) from retail

stores, homes, and office buildings.

Second, postconsumer paper also

includes paper recovered from

municipal solid waste. Thus, the statute

would seem to limit postconsumer

recovered newspapers and magazines to

those publications collected from the

consumer before they enter the

municipal solid waste stream as well as

that recovered from the municipal solid

waste stream after collection. Over-issue

publications and printers’ over-runs

which never reach a consumer do not

meet either of these criteria.

The examples in the RCRA section

6002(h) definition appear to make a

distinction between recovered materials

and postconsumer recovered materials

based on whether the paper is received

by an ultimate consumer. Thus, for

example, paper, paperboard and fibrous

materials may be postconsumer paper

after passing through their intended end

uses as a consumer item. If, however,

that same paper, paperboard or fibrous

material never reaches a consumer, it

remains a preconsumer recovered

material.

In addition, a reading of the types of

materials listed in section 6002(h)(1)

suggests that over-issue publications

and over-runs are not postconsumer

materials. Among the examples of

postconsumer paper given in the statute

are ‘‘old newspapers.’’ Because

publishers’ over-runs and over-issue

publications are clearly not ‘‘old’’

newspapers or ‘‘old’’ magazines, they

are not a postconsumer material.

Moreover, while section 6002(h) does

not specifically list printers’ over-runs

and over-issue publications as either

‘‘postconsumer materials’’ or other

recovered materials, it does provide that

‘‘finished paper and paperboard from

obsolete inventories of paper and

paperboard manufacturers, merchants,

wholesalers, dealers, printers,

converters, or others [emphasis added]’’

are not postconsumer materials. Thus,

EPA believes that over-issue

publications and printers’ over-runs are

specifically listed in RCRA section 6002

as preconsumer recovered materials.

Finally, one commenter stated that

the postconsumer definition used in the

draft Paper RMAN is contrary to the

‘‘recovered materials’’ definition in

RCRA. The Agency disagrees with this

comment. Congress defined

‘‘postconsumer recovered materials’’ in

RCRA section 6002(h)(1). The

postconsumer definition is the first

subset of the ‘‘recovered materials’’

definition that Congress directs agencies

to use when purchasing paper and

paper products. Thus, EPA’s use of the

postconsumer definition is consistent

with the RCRA definition.

B. Definitions of ‘‘Recovered Fiber’’ and

‘‘Mill Broke’’

In the draft Paper RMAN, EPA

provided revised definitions of

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

‘‘Recovered fiber’’ identifies materials

that can be counted toward the total

recycled content of paper or paperboard.

‘‘Mill broke’’ identifies materials

generated at a paper mill that would not

be counted either as total recycled

content or as postconsumer content

under EPA’s recommended content

levels.

The definitions in the draft Paper

RMAN were based on EPA’s 1988

definitions of ‘‘waste paper’’ and ‘‘mill

broke.’’ (In the 1988 paper procurement

guideline, EPA had established a ‘‘waste

paper’’ category to promote the use of

postconsumer and other recovered

paper in the manufacture of printing

and writing papers.) EPA made three

changes to these 1988 definitions in

developing the Paper RMAN

definitions. First, the following millgenerated materials were moved from

‘‘waste paper’’ to ‘‘mill broke’’: offgrade

or off-specification rolls, converting

scrap, culls, stub rolls, side rolls, end

rolls, and obsolete inventories. In other

words, these materials could no longer

be counted toward the total recovered

fiber content levels recommended in the

Paper RMAN. EPA stated that these

materials are commonly re-pulped, sold

to others for pulping, or otherwise used

in or converted to paper products.

Allowing these materials to count

toward recovered fiber content does not

provide an incentive for mills to use

materials recovered from solid waste

and, therefore, does not meet the RCRA

objective of increasing markets for

postconsumer materials.

Second, EPA specified that materials

must be re-pulped. As a result, a person

cannot purchase an off-specification or

obsolete roll, convert it into cut sheets

or note pads, and sell it as paper

containing ‘‘recovered materials’’ or

paper ‘‘meeting EPA’s guidelines.’’

Third, EPA corrected an error in the

1988 definition of ‘‘waste paper’’ by

deleting the words ‘‘forest residues’’

from the phrase introducing the nonpostconsumer materials that count as

‘‘recovered fiber.’’ EPA had erroneously

included the words ‘‘forest residues’’ in

the introductory phrase in the 1988

definition of ‘‘waste paper,’’ although

the Agency had intended to exclude

these materials from the definition.

While some commenters agreed with

the ‘‘recovered fiber’’ and ‘‘mill broke’’

definitions, most commenters opposed

the narrowing of the ‘‘recovered fiber’’

definition and the related expansion of

the ‘‘mill broke’’ definition.

Commenters pointed out that some of

the materials that EPA included in the

‘‘mill broke’’ definition are specifically

listed in the RCRA section 6002(h)

definition of ‘‘recovered materials.’’

Therefore, the commenters stated, it is

contrary to RCRA to include these

materials in the definition of ‘‘mill

broke.’’ Commenters also stated that all

of the industry data previously provided

to EPA were based on the 1988

definitions and, therefore, would be

incorrect. Further, commenters stated

that the excluded materials generally are

easier to use because they are

homogenous, clean, and without

printing, whereas postconsumer

materials are heterogenous, sometimes
26988 Federal Register / Vol. 61, No. 104 / Wednesday, May 29, 1996 / Notices

contaminated with food residue and

other contaminants, and contain

printing. For this reason, mills would

not substitute postconsumer materials

for the excluded materials, but would

instead seek out other preconsumer

materials. Finally, commenters stated

that the paper industry has based its

investments and strategies for

manufacturing recycled paper on the

1988 definitions and has invested

billions of dollars in recycling, so there

is no reason to change course now when

the definitions have been working to

increase domestic recycling capacity.

In light of the comments, EPA has

reconsidered the definitions used in the

draft Paper RMAN and has concluded

that they are inconsistent with RCRA

section 6002(h). EPA also has concluded

that industry commenters are correct

that retaining the definitions would

require the Agency to conduct new

research into the recovered fiber content

of products. Further, EPA believes that,

because the materials in question

represent a small percentage of all

materials recovered and used, the

definitions would not make a significant

contribution to expanding the use of

postconsumer materials. For these

reasons, EPA will retain the 1988

definition of ‘‘mill broke’’ in the final

Paper RMAN. EPA also is retaining the

1988 definition of ‘‘waste paper’’ as the

basis of the definition of ‘‘recovered

fiber.’’ However, the Agency has

modified the ‘‘recovered fiber’’

definition by adding that the material

must be re-pulped and by excluding the

words ‘‘forest residues.’’

C. Inclusion of Recommendations for

Consumer (At-home) Tissue Products

In the draft Paper RMAN, EPA

recommended content levels for

consumer (at-home) bathroom tissue

and paper towels (see Table A–3 in 60

FR 14190, March 15, 1995). Based on

the data it had gathered on tissue

products, EPA concluded that the paper

industry produced two distinct product

lines: consumer (at-home) tissue

products and commercial/industrial

(away-from-home) products. While

procuring agencies generally would not

purchase consumer tissue products and,

consequently, would not be subject to

the purchasing requirements under

RCRA section 6002 with respect to these

products, EPA determined that the

Paper RMAN was a useful vehicle for

disseminating information on another

market for materials recovered from the

solid waste stream. RCRA section

8003(e) specifically directs EPA to

provide information on resource

recovery.

Commenters opposed the inclusion of

recommendations for consumer

bathroom tissue and paper towels. They

stated that the use of postconsumer and

recovered fiber in consumer tissue

products is driven by customer demand

and mill economics and does not need

additional stimulus from EPA

recommendations. Several of the

commenters stated that customer

surveys and product shelf tests

indicated that consumers resist recycled

content consumer tissue products. They

also noted that government agencies do

not purchase consumer tissue products

and that, therefore, EPA had exceeded

its authority by recommending content

levels for these products.

EPA believes that it did not exceed its

authority under RCRA by

recommending content levels for

consumer tissue products. RCRA section

6002 directs EPA to provide guidance

regarding the use of postconsumer

materials in paper products. Moreover,

as noted above, EPA has general

authority under RCRA section 8003 to

provide information about the use of

recovered materials in products.

EPA’s intent in recommending

content levels for consumer tissue

products was to encourage

manufacturers producing these items

with postconsumer and other recovered

fiber. EPA policy has been to

recommend content levels for paper

products not purchased by government

agencies if those recommendations

would advance recycling and were

supported by the product

manufacturers. However, given the

absence of any RCRA section 6002

obligations with respect to consumer

tissue products and concern that EPA’s

action would, in fact, adversely affect

the market for such products, EPA is not

including recommendations for

consumer tissue products in the final

Paper RMAN.

D. Recommendations for Newsprint,

Corrugated Containers, Carrierboard,

and Commercial/Industrial Tissue

Products

In the March 15, 1995 Federal

Register, EPA described its

methodology for establishing the ranges

of recovered and postconsumer fiber

recommended in the draft Paper RMAN

(60 FR 14186). EPA stated that the high

end of each range will be set at the

maximum content currently used in

paper and paper products that are

available in sufficient quantities, and

with adequate competition, to meet

procuring agency needs. The low end of

each range will be set at levels that can

be met by the simple majority of mills

currently producing paper and paper

products containing postconsumer and

recovered fiber. Comments indicated

that the low end of the recommended

ranges for newsprint, corrugated

containers, carrierboard, and

commercial/industrial tissue products

did not reflect the fiber levels being

used by a simple majority of mills at

that time.

1. Newsprint

In the draft Paper RMAN, EPA

recommended that newsprint contain

40–100% recovered fiber, including 40–

85% postconsumer fiber (see Table

A–2 in 60 FR 14189, March 15, 1995).

Commenters stated that the low end of

EPA’s recommended ranges, 40%, is too

high and does not reflect the content

currently used by a simple majority of

North American newsprint mills. In

evaluating these comments, EPA

researched the current postconsumer

content of newsprint manufactured by

34 U.S. and Canadian mills and found

that the majority of mills use about 20%

postconsumer fiber.

Based on this additional information,

and consistent with the methodology

described in the draft Paper RMAN,

EPA is revising the recommended

ranges for newsprint in the final RMAN

to 20–100% recovered fiber and 20–

85% postconsumer fiber. EPA believes

that government procuring agencies will

continue to be able to purchase

newsprint containing higher levels of

both postconsumer and other recovered

fiber. EPA believes that some private

sector purchasers also will be able to

purchase newsprint containing high

levels of both postconsumer and other

recovered fiber, but others will not.

These other purchasers should seek

newsprint containing lower levels of

both postconsumer and other recovered

fiber, consistent with EPA’s

recommended ranges, rather than

simply purchasing newsprint containing

no recovered fiber.

2. Corrugated Containers

In the draft Paper RMAN, EPA

recommended that corrugated

containers with a strength rating of less

than 300 pounds per square inch (<300

psi) contain 40–50% recovered fiber,

including 40–50% postconsumer fiber.

EPA also recommended that corrugated

containers with a strength rating of 300

psi contain 30% recovered fiber, all of

which is postconsumer fiber (see Table

A–4 in 60 FR 14190, March 15, 1995).

Commenters questioned the low end

of the ranges and indicated that EPA’s

data regarding the postconsumer

content of corrugating medium did not

reflect what the majority of mills

currently use. Commenters provided
Federal Register / Vol. 61, No. 104 / Wednesday, May 29, 1996 / Notices 26989

current information about the

percentages of postconsumer and

recovered fiber used in corrugated

containers. The data confirmed that at

least some mills could meet the ranges

recommended in the draft Paper RMAN.

Using new data submitted by

commenters about the current

postconsumer content of corrugating

medium, and consistent with the

methodology described in the draft

Paper RMAN, EPA re-calculated the

content of corrugated containers and

concluded that the low end of the

recommended ranges should be 25%.

Therefore, in Table A–4 of the final

Paper RMAN, EPA recommends that

corrugated containers (<300 psi) contain

25–50% recovered fiber, including 25–

50% postconsumer fiber and that

corrugated containers (300 psi) contain

25–30% recovered fiber, including 25–

30% postconsumer fiber.

3. Carrierboard

In the draft Paper RMAN, EPA

recommended that carrierboard (which

is a type of paperboard used to package

multi-packs of beverages containers)

contain 25–100% recovered fiber,

including 15% postconsumer fiber (see

Table A–4 in 60 FR 14190, March 15,

1995). The two manufacturers of

unbleached kraft carrierboard

commented that, due to shortages of old

corrugated containers (OCC), the

postconsumer fiber content of their

product currently was 10%. The

manufacturers previously had used 15%

postconsumer fiber but were

experiencing problems obtaining

adequate supplies of OCC. Based on this

information, and consistent with the

methodology for establishing the low

end of the ranges described in the draft

Paper RMAN, EPA is changing the

postconsumer fiber recommendation for

carrierboard in the final Paper RMAN to

a range of 10–15%. EPA is making a

corresponding revision to the recovered

fiber range, 10–100%. Purchasing

agencies should note that, when OCC

supplies are adequate, the

manufacturers should be able to provide

carrierboard containing 15%

postconsumer fiber.

4. Commercial/Industrial Tissue

Products

In the draft Paper RMAN, EPA

recommended that commercial/

industrial sanitary tissue products

contain 100% recovered fiber, including

varying ranges of postconsumer fiber

(see Table A–3 in 60 FR 14190, March

15, 1995). EPA recommended a 100%

recovered fiber level, rather than a

range, because the Agency’s data

indicated that most manufacturers

produced tissue products containing

100% recovered fiber.

Commenters stated that EPA’s data on

commercial/industrial tissue products

were incorrect. The commenters stated

that many of the tissue manufacturers

produce one product line containing

100% recovered fiber, but this

represents only a small fraction of their

overall product lines. The commenters

also stated that there is not a sufficient

supply of tissue products containing

100% recovered fiber to ensure product

availability and competition or to

supply the broader, commercial (nongovernment) market. In addition, they

stated that, even if they wanted to reformulate their product lines to contain

100% recovered fiber, they would not

be able to do so, because they currently

are experiencing shortages and/or high

prices for the grades of recovered paper

used in tissue products. The

commenters submitted new data to

substantiate their comments.

In the supporting analyses to the draft

Paper RMAN, EPA stated that there is

great variability in the postconsumer

and recovered fiber usage among tissue

producers. The commenters’ data

confirm this variability. In fact,

commenters demonstrated that some

tissue mills have integrated pulp and

papermaking operations and use small

percentages of postconsumer and

recovered fiber combined with woodbased pulp. Others rely entirely on

postconsumer and recovered fiber. EPA

believes that commenters demonstrated

that the Agency should recommend a

range for the recovered fiber content of

tissue products. Adding ranges will

provide flexibility to all tissue mills

when fiber supplies are tight and will

allow more mills to compete, thereby

encouraging greater usage of

postconsumer fiber.

Commenters proposed that EPA retain

the 1988 postconsumer-only content

recommendations in the final Paper

RMAN, rather than two-part content

recommendations. The commenters

stated that there is an inadequate supply

of recovered paper for tissue mills to

meet the postconsumer fiber ranges

recommended in the draft Paper RMAN

and provided data to support their

comments.

EPA continues to believe that the use

of two-part content levels will result in

greater usage of postconsumer materials

by all tissue mills than will

postconsumer-only levels because, as

stated in the March 15, 1995 Federal

Register notice (60 FR 14185), mills will

use postconsumer fiber to meet both

some of their total recovered fiber needs

and their postconsumer fiber needs.

Aggregate data provided by

commenters and EPA’s conversations

with tissue manufacturers indicate that

the majority of mills can meet the 1988

recommended content levels for

bathroom tissue, paper towels, and

paper napkins.

EPA’s 1988 recommended content

level for facial tissue was 5%

postconsumer fiber. EPA requested

additional information from the

commenters regarding the postconsumer

fiber content of facial tissue. The

additional information is discussed in

‘‘Final Paper Products RMAN—

Response to Comments.’’ EPA believes

that the information supports a

postconsumer fiber range of 10–15% for

facial tissue.

Based on the original comments and

the additional information about facial

tissue, EPA is recommending the

following levels for commercial/

industrial tissue products in the final

Paper RMAN:

• Bathroom tissue: 20–100%

recovered fiber, including 20–60%

postconsumer fiber,

• Paper towels: 40–100% recovered

fiber, including 40–60% postconsumer

fiber,

• Paper napkins: 30–100% recovered

fiber, including 30–60% postconsumer

fiber, and

• Facial tissue: 10–100% recovered

fiber, including 10–15% postconsumer

fiber.

III. Revision to Executive Order 12873

Section 504 of Executive Order 12873

(58 FR 54916, October 22, 1993)

established postconsumer content

standards for selected uncoated printing

and writing papers. The Executive

Order specified a 20% postconsumer

content for high speed copier paper,

offset paper, forms bond, computer

printout paper, carbonless paper, file

folders, and white wove envelopes, and

a standard of 50% recovered materials,

including 20% postconsumer materials,

for writing and office paper, book paper,

cotton fiber paper, and text and cover

paper. EPA incorporated these content

levels into its recommendations for

printing and writing papers in the draft

Paper RMAN. (As explained in ‘‘Draft

Paper Products RMAN—Supporting

Analyses,’’ EPA used slightly different

terminology in the draft Paper RMAN

than that used in the Executive Order to

reflect the way in which terms are

currently used by paper mills, vendors,

and procuring agencies.)

On March 25, 1996, President Clinton

amended section 504 to delete the 50%

recovered materials standard. (See

Executive Order 12995, 61 FR 13645,

March 28, 1996.) As a result, the
26990 Federal Register / Vol. 61, No. 104 / Wednesday, May 29, 1996 / Notices

Executive Order now establishes a 20%

postconsumer content level for all of the

named printing and writing papers. EPA

has revised Table A–1a in the final

Paper RMAN accordingly.

IV. Supporting Materials and Accessing

Internet

The index of supporting materials is

available in the RCRA Information

Center (RIC) and on the Internet. The

address and telephone number of the

RIC are provided in ADDRESSES above.

The following supporting materials are

available on the Internet:

Final Summary of Comments on the

Proposed Paper Products Recovered

Materials Advisory Notice, prepared for U.S.

EPA by Eastern Research Group, July 27,

1995, 64 pages.

Draft Paper Products RMAN—Supporting

Analyses, Office of Solid Waste, U.S. EPA,

February 1995, 86 pages.

Final Paper Products Recovered Materials

Advisory Notice —Response to Public

Comments, Office of Solid Waste, U.S. EPA,

April 1996, 64 pages.

Copies of the following supporting

materials are available for viewing at the

RIC only:

Memorandum regarding the Status of OverIssue Publications from Richard T. Witt,

Attorney, Solid Waste and Emergency

Response Division, Office of General

Counsel, to Robert W. Dellinger, Associate

Division Director, Municipal & Industrial

Solid Waste Division, Office of Solid Waste,

February 9, 1996, 4 pages.

Minutes, Ex Parte Meeting Between EPA

and The Tissue Producers Coalition, July 07,

1995, 4 pages.

Memorandum to the Record, Final Paper

Products RMAN, re Market Share of

Commercial/Industrial Tissue Market, March

12, 1996, 2 pages.

Minutes, Ex Parte Meeting Between EPA

and Newsprint Manufacturers, February 13,

1996, 3 pages.

‘‘Research on Use of Postconsumer

Materials in Newsprint Manufacturing,’’

prepared for U.S. EPA by Eastern Research

Group, October 25, 1995, 4 pages.

‘‘Meeting Average Recycled Content

Newsprint Goals in the Newspaper

Publishing Industry,’’ Final Report, prepared

for U.S. EPA by Eastern Research Group,

December 18, 1995, 5 pages.

‘‘Use of Recovered Fiber in Selected

Bristols,’’ Final Report, prepared for U.S.

EPA by Eastern Research Group, December

18, 1995.

Letter to Dana Arnold regarding machine

finished uncoated groundwood paper,

American Forest & Paper Association, Sara

Freund, February 13, 1996, 1 page.

Minutes, Ex Parte Meeting Between EPA

and Representatives of Mead Corporation,

July 18, 1995, 2 pages.

Follow these instructions to access

the information electronically:

Gopher: gopher.epa.gov

WWW: http://www.epa.gov

Dial-up: 919 558–0335

The materials can be accessed off the

main EPA Gopher menu, in the

directory EPA Offices and Regions/

Office of Solid Waste and Emergency

Response (OSWER)/Office of Solid

Waste (RCRA)/[Non-Hazardous Waste—

RCRA Subtitle D/Procurement/Paper].

FTP: ftp.epa.gov

Login: anonymous

Password: your Internet address

Files are located in /pub/gopher/

OSWRCRA.

V. Use of EPA’s Recommendations

EPA encourages state and local

agencies to use the recommendations in

today’s final Paper RMAN when

purchasing paper and paper products.

EPA also encourages private sector

purchasers to use the information

provided by EPA when purchasing

paper and paper products. EPA

recommends that purchasers establish

their minimum content standards at the

highest percentages available to them

that achieve their price and performance

objectives, even if these standards

exceed EPA’s recommended ranges. If a

product is not available at a competitive

price and at a content level at the high

end of EPA’s recommended ranges,

purchasers should set their standards at

the highest levels available to them that

meet their price and performance

objectives, using the recommended

ranges as a guide. In this way, EPA’s

recommended ranges will encourage

both public and private sector

purchasers to purchase paper products

containing the highest levels of

postconsumer and recovered fiber

practicable.

EPA has found that some state

agencies have been using the Agency’s

1988 content recommendations as a

starting point in establishing product

labeling requirements. While EPA’s

recommendations were not intended for

use as labeling standards, they can be

used as an information source for

agencies establishing recycled product

labeling programs.

EPA cautions persons using EPA’s

recommendations, whether to establish

purchasing specifications or labeling

standards, to use them only for the

specific items for which they were

intended. It is not appropriate to

analogize from one item in a paper

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

tissue products, paperboard) to another

item that could also fall within that

grade, without first researching the use

of postconsumer and recovered fiber in

the other item. The two items could

have different performance

requirements necessitating different

levels of postconsumer or recovered

fiber. In addition, one item could be

made primarily by mills that use high

percentages of postconsumer or

recovered fiber, while the other item

could be made primarily by mills that

use low or no percentages of this fiber.

Dated: May 15, 1996.

Elliott P. Laws,

Assistant Administrator,

Office of Solid Waste and Emergency

Response.

Final Paper Products Recovered

Materials Advisory Notice

This Paper Products Recovered

Materials Advisory Notice (Paper

RMAN) contains EPA’s

recommendations to procuring agencies

for purchasing paper and paper

products in compliance with section

6002 of the Resource Conservation and

Recovery Act of 1976 (RCRA). These

recommendations replace the

recommendations found in EPA’s 1988

paper procurement guideline, 40 CFR

Part 250 (53 FR 23545, June 22, 1988).

These recommendations also replace the

recommendations found in Part A of

EPA’s 1995 RMAN (60 FR 21388–21389,

May 1, 1995). The contents of this Paper

RMAN consist of the Part A, Paper and

Paper Products, sections listed below.

Contents

Part A—Paper and Paper Products

Section A–1—Printing and Writing

Papers

Section A–2—Newsprint

Section A–3—Commercial/Industrial

Sanitary Tissue Products

Section A–4—Paperboard and

Packaging Products

Section A–5—Miscellaneous Paper

Products

Section A–6—Other Recommendations

for Paper and Paper Products

Section A–7—Definitions

Appendix A–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. The content
Federal Register / Vol. 61, No. 104 / Wednesday, May 29, 1996 / Notices 26991

levels in the tables should be read as

X% recovered fiber, including Y%

postconsumer fiber and not as X%

recovered fiber plus Y% postconsumer

fiber. Where the content level is the

same in both columns (e.g., 20% in both

the recovered fiber and postconsumer

fiber columns), this means that EPA is

recommending that agencies establish

identical content levels for both

postconsumer and recovered fiber.

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

Item

Recovered

fiber

(%)

Postconsumer

fiber

(%)

Reprographic Paper (e.g., mimeo and duplicator paper, high-speed copier paper, and bond paper) 1 ...................... 20 20

Offset Paper (e.g., offset printing paper,1 book paper*, bond paper 1) ........................................................................ 20 20

Tablet Paper (e.g., office paper such as note pads, stationery 1 and other writing 1 papers) ..................................... 20 20

Forms Bond (e.g., forms, computer printout paper, ledger) 1 ....................................................................................... 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,1 stationery 1 and matching envelopes, and other writing 1 papers) ........................................................................................................................................................................... 20 20

Text & Cover Paper (e.g., cover stock, book paper 1, stationery 1 and matching envelopes, and other writing 1

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

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

Machine finish groundwood .......................................................................................................................................... 10 10

Papeteries ..................................................................................................................................................................... 20 20

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

1These 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 & 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

(%)

Postconsumer

fiber

(%)

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

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

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

Item

Recovered

fiber

(%)

Postconsumer

fiber

(%)

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. The content levels in the table should be read as X% recovered fiber, including

Y% postconsumer fiber and not as X% recovered fiber plus Y% postconsumer fiber.

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

Item

Recovered

fiber

(%)

Postconsumer

fiber

(%)

Newsprint ...................................................................................................................................................................... 20–100 20–85

Section A–3—Commercial/Industrial Sanitary Tissue Products

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

a percentage of recovered fiber, including a percentage of postconsumer fiber. EPA recommends that procuring agencies
26992 Federal Register / Vol. 61, No. 104 / Wednesday, May 29, 1996 / Notices

base their minimum content standards for commercial/industrial tissue products on the content levels shown in Table

A–3. Percentages are based on the fiber weight of the product. The content levels in the table should be read as

X% recovered fiber, including Y% postconsumer fiber and not as X% recovered fiber plus Y% postconsumer fiber.

TABLE A–3.—RECOMMENDED RECOVERED FIBER CONTENT LEVELS FOR COMMERCIAL/INDUSTRIAL SANITARY TISSUE

PRODUCTS

Item

Recovered

fiber

(%)

Postconsumer

fiber

(%)

Bathroom tissue ............................................................................................................................................................ 20–100 20–60

Paper towels ................................................................................................................................................................. 40–100 40–60

Paper napkins ............................................................................................................................................................... 30–100 30–60

Facial tissue .................................................................................................................................................................. 10–100 10–15

General purpose 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. The content levels in the table should be read as

X% recovered fiber, including Y% postconsumer fiber and not as X% recovered fiber plus Y% postconsumer fiber.

Where the content level is the same in both columns (e.g., 40% in both the recovered fiber and postconsumer fiber

columns), this means that EPA is recommending that agencies establish identical content levels for postconsumer and

recovered fiber.

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

Item

Recovered

fiber

(%)

Postconsumer

fiber

(%)

Corrugated containers: 1

(<300 psi) ............................................................................................................................................................... 25–50 25–50

(300 psi) ................................................................................................................................................................. 25–30 25–30

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

Folding cartons2 ............................................................................................................................................................ 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

Carrierboard3 ................................................................................................................................................................. 10–100 10–15

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

1The recovered fiber and postconsumer fiber content is calculated from the content of each component relative to the weight each contributes

to the total weight of the box. See Appendix I for an example. 2The recommended content ranges are not applicable to all types of paperboard used in folding cartons. Cartons made from solid bleached

sulfate or solid unbleached sulfate contain no or small percentages of postconsumer fiber, depending on the paperboard source. 3 Carrierboard made from unbleached kraft contains up to 25% recovered fiber, while carrierboard made from recycled paperboard contains up

to 100% recovered fiber.

Section A–5—Miscellaneous Paper Products

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

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

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

are based on the fiber weight of the product. The content levels in the table should be read as 100% recovered

fiber, including X% postconsumer fiber and not as 100% recovered fiber plus Y% postconsumer fiber.

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

Item

Recovered

fiber

(%)

Postconsumer

fiber

(%)

Tray liners ..................................................................................................................................................................... 100 50–75

Section A–6—Other Recommendations

for Paper and Paper Products

Measurement: EPA recommends that

procuring agencies express their

minimum content standards as a

percentage of the fiber weight of the

paper or paper product. EPA further

recommends that procuring agencies

specify that mill broke cannot be

counted toward postconsumer or

recovered fiber content, except that

procuring agencies should permit mills

to count mill broke generated in a

papermaking process using

postconsumer and/or recovered fiber as
Federal Register / Vol. 61, No. 104 / Wednesday, May 29, 1996 / Notices 26993

feedstock toward ‘‘postconsumer fiber’’

or ‘‘recovered fiber’’ content, to the

extent that the feedstock contained

these materials. In other words, if a mill

uses less than 100% postconsumer or

recovered fiber, only a proportional

amount of broke can be counted towards

postconsumer or recovered fiber

content.

Specifications: EPA recommends that

procuring agencies review specifications

provisions pertaining to performance

and aesthetics and revise provisions that

can impede use of postconsumer and

recovered fiber, unless such provisions

are related to reasonable performance

standards. Agencies should determine

whether performance provisions are

unnecessarily stringent for a particular

end use. Agencies also should revise

aesthetics provisions—such as

brightness, dirt count, or shade

matching—if appropriate, consistent

with the agencies’ performance

requirements, in order to allow for a

higher use of postconsumer and

recovered fiber.

EPA recommends that procuring

agencies document determinations that

paper products containing

postconsumer and recovered fiber will

not meet the agencies’ reasonable

performance standards. Any

determination should be based on

technical performance information

related to a specific item, not a grade of

paper or type of product.

EPA recommends that procuring

agencies watch for changes in the use of

postconsumer and recovered fiber in

paper and paper products. When a

paper or a paper product containing

postconsumer and recovered fiber is

produced in types and grades not

previously available, at a competitive

price, procuring agencies should either

revise specifications to allow the use of

such type or grade, or develop new

specifications for such type or grade,

consistent with the agencies’

performance requirements.

Recyclability: EPA recommends that

procuring agencies consider the effect of

a procurement of a paper product

containing recovered and postconsumer

fiber on their paper collection programs

by assessing the impact of their decision

on their overall contribution to the solid

waste stream.

Section A–7—Definitions

For purposes of the recommendations

contained in this Part, terms shall have

the following meanings:

‘‘Postconsumer fiber’’ means:

(1) Paper, paperboard, and fibrous

wastes from retail stores, office

buildings, homes, and so forth, after

they have passed through their 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’’ means the

following materials:

(1) Postconsumer fiber such as:

(A) Paper, paperboard, and fibrous

materials from retail stores, office

buildings, homes, and so forth, after

they have passed through their 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

materials that enter and are collected

from municipal solid waste, and

(2) Manufacturing wastes such as——

(A) Dry paper and paperboard waste

generated after completion of the

papermaking process (that is, those

manufacturing operations up to and

including the cutting and trimming of

the paper machine reel into smaller rolls

or rough sheets) including: envelope

cuttings, bindery trimmings, and other

paper and paperboard waste resulting

from printing, cutting, forming, and

other converting operations; bag, box,

and carton manufacturing wastes; and

butt rolls, mill wrappers, and rejected

unused stock; and

(B) Repulped finished paper and

paperboard from obsolete inventories of

paper and paperboard manufacturers,

merchants, wholesalers, dealers,

printers, converters, or others.

‘‘Mill broke’’ means any paper waste

generated in a paper mill prior to

completion of the papermaking process.

It is usually returned directly to the

pulping process. Mill broke is excluded

from the definition of ‘‘recovered fiber.’’

Appendix A–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

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. 96–13432 Filed 5–28–96; 8:45 am]

BILLING CODE 6560–50–P