I
103D CONGRESS
1ST SESSION
H. R. 1809
To amend the Solid Waste Disposal Act to require producers and importers
of newsprint to recycle a certain percentage of newsprint each year,
to require the Administrator of the Environmental Protection Agency
to establish a recycling credit system for carrying out such recycling
requirement, to establish a management and tracking system for such
newsprint, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 22, 1993
Mr. TORRES introduced the following bill; which was referred to the
Committee on Energy and Commerce
A BILL
To amend the Solid Waste Disposal Act to require producers
and importers of newsprint to recycle a certain percent-
age of newsprint each year, to require the Administrator
of the Environmental Protection Agency to establish a
recycling credit system for carrying out such recycling
requirement, to establish a management and tracking
system for such newsprint, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Newsprint Recycling
Incentives Act’’.
ble markets for recyclers to invest in de-inking facili-
ties.
(8) A minimum recycling requirement can be
used to create a market which accurately reflects the
societal costs of old newspaper waste.
(9) The creation of an efficient market for recy-
cled newsprint requires that the cost of disposal be
included in the cost of unrecycled products.
(10) The Administrator of the Environmental
Protection Agency requires additional statutory au-
thority to increase recycling of old newspaper waste
and to stimulate demand.
SEC. 3. REQUIREMENTS TO RECYCLE NEWSPRINT.
(a) IN GENERAL.—Subtitle D of the Solid Waste Dis-
posal Act (42 U.S.C. 6941 et seq.) is amended by adding
at the end thereof the following:
‘‘SEC. 4011. NEWSPRINT RECYCLING REQUIREMENTS.
‘‘(a) GENERAL REQUIREMENT.—(1) Beginning not
later than 18 months after the date of the enactment of
the Newsprint Recycling Incentives Act, a producer or im-
porter of newsprint each year shall recycle, using a method
described in paragraph (2), an amount of newsprint equal
to at least that amount of newsprint determined by—
‘‘(A) multiplying the newsprint produced or im-
ported that year by such person, by
‘‘(B) the recycling percentage established by the
Administrator under subsection (b).
‘‘(2) A producer or importer of newsprint may comply
with this subsection—
‘‘(A) by recycling, through de-inking, newsprint
for purposes of producing recycled newsprint;
‘‘(B) by purchasing recycled newsprint for pur-
poses of combining with shipments of virgin news-
print; or
‘‘(C) by purchasing recycling credits under the
recycling credit system established pursuant to sub-
section (c).
‘‘(b) RECYCLING PERCENTAGE.—The Administrator
each year shall establish a recycling percentage for use
under subsection (a). The percentage applicable during
the first year that the requirement established by sub-
section (a) is in effect shall be not less than 20 percent.
For each of the ten years thereafter, the recycling percent-
age shall be an additional 2 percentage points higher than
the percentage of the previous year.
‘‘(c) CREDIT
SYSTEM
FOR
RECYCLING
NEWS-
PRINT.—(1) Not later than 18 months after the date of
the enactment of the Newsprint Recycling Incentives Act,
the Administrator shall promulgate regulations to estab-
lish a system under which (A) producers or importers of
recycled newsprint may create credits for used newsprint
recycling, and (B) producers or importers of newsprint
(virgin or recycled) may purchase such recycling credits
from such recyclers, for purposes of complying with sub-
section (a). The regulations shall include a mechanism or
mechanisms (including an auction) for any allocation of
credits that may be necessary. No person may create such
credits, and no producer or importer of newsprint may
purchase such credits, except in accordance with this sub-
section and the regulations promulgated under this sub-
section.
‘‘(2) At a minimum, the regulations under subsection
(c) shall include the following requirements:
‘‘(A) The producer or importer of recycled
newsprint shall maintain records of the receipt of old
newsprint and other paper products for de-inking
and subsequent recycling. Such records shall be
maintained for at least 2 years.
‘‘(B) The producer of recycled newsprint shall
notify the Environmental Protection Agency of the
producer’s capacity to recycle old newsprint. Such
notification shall state the overall newsprint capacity
and that portion dedicated to de-inking and recy-
cling.
‘‘(C) The importer of recycled newsprint shall
notify the United States Customs Service of the
amount of newsprint being imported by the im-
porter. Such notice shall be accompanied by a cer-
tification verifying the accuracy of the notice. The
certification shall be made by the official responsible
for negotiating trade agreements of the country from
which the importer is shipping newsprint to the
United States.
‘‘(D) Producers or importers of newsprint shall
maintain records of sales of virgin and recycled
newsprint, including quantities and prices of recy-
cled newsprint and sales or other disposition of such
recycling credits as may be used to demonstrate
compliance with the requirements of this section.
Such records shall be maintained for at least 2
years.
‘‘(E) Producers and importers of newsprint
shall report to the Administrator of the Environ-
mental Protection Agency annually and on an in-
terim quarterly basis—
‘‘(i) the amount of recycled content news-
print produced or imported each year;
‘‘(ii) the number of credits purchased or
otherwise acquired from other producers or im-
porters; and
‘‘(iii) the number of credits sold or other-
wise distributed to other producers or import-
ers.
‘‘(3) The Administrator may include such other re-
quirements in the regulations under paragraph (1) with
respect to qualifications for recyclers, importers, and pro-
ducers; methods for auditing compliance with the system;
and enforcement of the system; as the Administrator con-
siders necessary or appropriate for administering the recy-
cling credit system established under this subsection.
‘‘(4) For purposes of this section, the term ‘recycling
credit’ means a legal record of a recycling activity under-
taken in accordance with this subsection that represents
an amount of newsprint recycled through de-inking for
purposes of complying with this section.
‘‘(d) REPORTS.—(1) Not later than 6 years after the
date of the enactment of the Newsprint Recycling Incen-
tives Act, the Administrator shall submit to Congress an
interim report on the implementation of this section. The
report shall include, at a minimum—
‘‘(A) a discussion of the effects of the require-
ments of this section on the newsprint and news-
paper industry and on the environment; and
‘‘(B) an evaluation of the level of the recycling
percentage under subsection (b) and recommenda-
tions on whether, and at what rate, the percentage
should be increased in future years above the per-
centage applicable under subsection (b).
‘‘(2) Not later than 10 years after such date, the Ad-
ministrator shall submit to Congress a final report on the
implementation of this section. The report shall include
an updated version of the discussion and evaluation re-
quired in the interim report, as well as such other findings
and recommendations with respect to the implementation
of this section as the Administrator considers appropriate.
‘‘(e) APPLICABILITY.—This section applies to any
person who produces or imports more than 10 tons of
newsprint a year.
‘‘(f) REGULATIONS.—The Administrator shall pro-
mulgate regulations to implement this section not later
than 18 months after the date of the enactment of the
Newsprint Recycling Incentives Act. If the Administrator
fails to promulgate such regulations by that date, the recy-
cling percentage under subsection (b) shall be 20 percent
until such time as the regulations are promulgated.
‘‘(g) CIVIL PENALTY.—
‘‘(1) Whoever violates this section shall be liable
to the United States for a civil penalty in an amount
not to exceed $2,500 for each such violation. Such
civil penalty shall be assessed by the Administrator
of the Environmental Protection Agency by an order
made on the record after opportunity for a hearing
in accordance with section 554 of title 5, United
States Code. Before issuing such an order, the Ad-
ministrator shall give written notice to the person to
be assessed a civil penalty and provide such person
an opportunity to request, within 15 days of the
date the notice is received by such person, a hearing
on the order.
‘‘(2) In determining the amount of a civil pen-
alty, the Administrator shall take into account the
nature, circumstances, extent, and gravity of the vio-
lation or violations and, with respect to the violator,
ability to pay, effect on ability to continue to do
business, any history of prior violations under this
section, the degree of culpability, and such other
matters as justice may require.
‘‘(3) The Administrator may compromise, mod-
ify, or remit, with or without conditions, any civil
penalty which may be imposed under this subsection.
from the date of the expiration of the 30-day period
referred to in paragraph (4) or the date of such final
judgment, as the case may be) in an action brought
in any appropriate district court of the United
States. In such an action, the validity, amount, and
appropriateness of such penalty shall not be subject
to review.
‘‘(h) HIGH GRADE PAPER RECYCLING.—(1) Not
later than three years after the date of the enactment of
the Newsprint Recycling Incentives Act, the Administrator
shall submit to Congress a plan, based on the experience
with the implementation of this section, for the recycling
of post-consumer high grade paper. The plan shall discuss
the desirability and feasibility, in terms of environmental
impacts resulting from reduced volume and economic im-
pacts, of requiring the recycling of such paper, and the
specific manner in which such recycling could be accom-
plished if the Administrator concludes that such recycling
is feasible. The plan also shall include an incentive-based
method or methods for accomplishing the recycling, such
as a credit system (as established under subsection (c)).
‘‘(2) Not later than one year after the plan is submit-
ted under paragraph (1), the Administrator shall begin to
implement the plan. For purposes of implementing the
plan, the Administrator is authorized to carry out any of
the methods for accomplishing the recycling of the paper
that are included in the plan.
‘‘(3) For purposes of this subsection, the term ‘high
grade paper’, means printed or unprinted sheets, shavings,
guillotined books, quire waste, and cuttings of sulphite or
sulphate ledger, bond, and writing paper (and all other
papers which have a similar fiber and filler content).
(b) TECHNICAL AMENDMENT.—The table of contents
for subtitle D of the Solid Waste Disposal Act (contained
in section 1001 of such Act) is amended by adding at the
end thereof the following:
‘‘Sec. 4011. Newsprint recycling requirements.’’.
SEC. 5. AUTHORIZATION.
There is authorized to be appropriated to the Admin-
istrator 
of 
the 
Environmental 
Protection 
Agency
$1,200,000 to carry out section 4011 of the Solid Waste
Disposal Act (as added by section 3). Such funds shall
be used to hire the equivalent of at least six additional
full-time employees to carry out such provisions. Such
funds shall remain available until expended.
Æ