California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 5 - Recycled Content Trash Bag Program › Section 17982 - Minimum Recycled Plastic Postconsumer Material (RPPCM) Quality Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) What are the
				  Board's minimum recycled plastic postconsumer material quality standards for
				  regulated trash bags? The following recycled postconsumer plastic material
				  quality standards have been developed by the Board for regulated trash bags.
				  The Board will make available the quality standards by December 31 of each year
				  and they will apply for a maximum of two years. The test methods to be used by
				  the Board to determine whether the standards are being met are included with
				  each characteristic, whenever applicable. These minimum specifications are for
				  the plastic RPPCM blended with a minimum of thirty percent (30%) APCM.
(1)
Moisture:
750 parts per million
							 (ppm) maximum.
Test Method:
ASTM D-4019-88 or
							 equivalent method.
(2)
Contamination:
A specification
							 mutually agreed upon by the trash bag manufacturer and supplier of RPPCM.
Test Method:
A test method mutually
							 agreed upon by the trash bag manufacturer and supplier of RPPCM.
(3)
Pellet uniformity:
The total
							 number of pellets in a one gram sample must not vary more than ten percent (+/-
							 10%) from the average number for five samples.
Test Method:
A simple count.
(4)
Specific gravity:
Resin must be
							 within one percent (+/- 1%) of a specific gravity mutually agreed upon by the
							 trash bag manufacturer and resin manufacturer.
Test method:
ASTM D-792-91, ASTM
							 D-1505-90 or equivalent.
(5)
Melt Index:
HDPE base resin -
							 0.25-0.85
LDPE base resin - 0.25-2.5
LLDPE base resin - 0.5-2.5, and
							 the melt index must not vary by more than fifteen percent (+/- 15%) within a
							 shipment, and it must be within thirty percent (+/- 30%) from shipment to
							 shipment over the length of the contract.
Test method:
ASTM D-1238-88, or
							 equivalent.
The ASTM test methods D-4019-88: Standard Test Method for
					 Moisture in Plastics By Coulometry, D-792-91: Standard Test Methods for Density
					 and Specific Gravity (Relative Density) of Plastics By Displacement, D-1505-90:
					 Standard Test methods for Density of Plastics by the Density-Gradient
					 Technique, D-1238-88: Standard Test methods for Flow Rates of Thermoplastics by
					 Extrusion Plastometer are incorporated herein by reference.
(b) Where can I find the ASTM test methods?
				  You can find ASTM test methods in the annually updated book called Annual Book
				  of ASTM Standards, (ASTM) Section
				  8, Volume 08.01, published by the
				  American Society for Testing and Materials, 1919 Race Street, Philadelphia, PA
				  19103-1187, the noted sections of which are herein incorporated by reference.
				  All ASTM tests must be performed with the most recently approved methods. The
				  non-ASTM test methods have yet to be standardized or are
				  self-evident.
(c) What if a
				  mutually agreeable specification cannot be reached between buyer and seller of
				  the RPPCM? If a mutually agreed upon specification cannot be reached in good
				  faith, the trash bag manufacturer must purchase and use RPPCM which meets any
				  past or present specification for RPPCM that the manufacturer has previously
				  used to purchase material.
(d) What
				  if an equivalent test method is mutually agreed upon between buyer and seller
				  of RPPCM and the RPPCM for sale does not pass the test? As long as the
				  equivalent test method was mutually agreed upon by buyer and seller, an
				  exemption claim based upon the failure to purchase the material will be
				  accepted and evaluated by Board staff. If, however, an equivalent lest method
				  is not agreed upon, or problems arise with the test method after an agreement
				  is reached, a trash bag manufacturer may not make a certification pursuant to
				  Section 17981 based on the failure to
				  purchase the material for which the test method was inadequate.
(e) What if a trash bag manufacturer produces
				  its own RPPCM? If a trash bag manufacturer produces enough RPPCM to meet the
				  RPPCM use requirement, the manufacturer may not claim an exemption. If,
				  however, the manufacturer can produce only a portion of the RPPCM it needs to
				  comply with the requirements of this program, the manufacturer may file a
				  request for a exemption if the failure to meet the use requirement was due to
				  the quality or availability of the RPPCM offered for sale.
(f) I wish to certify that I was not able to
				  meet the regulatory requirements because the RPPCM available to me did not meet
				  the Board's quality standards. What must I do to make this certification? For
				  each shipment or sample of RPPCM you rejected or refused to purchase on the
				  basis that it did not meet the Board's minimum RPPCM quality standards, it is
				  your responsibility to document your claim. Required documentation includes all
				  of the following, but is not solely limited to these items:
(1) The list of the suppliers of RPPCM with
				  whom you had purchase discussions after you realized that you might not meet
				  the regulatory requirements,
(2)
				  Any and all specifications and test methods which were mutually agreed upon
				  between you and your RPPCM suppliers,
(3) Independent test results, product
				  specifications, a letter of certification, or other documentation from each
				  supplier of RPPCM you rejected or refused to purchase on the basis that it did
				  not meet the Board's minimum RPPCM quality standards, demonstrating that the
				  material does not meet the quality standards,
(4) Performance of ASTM tests, identified in
				  Section 17982(a) of this
				  Article, may be conducted by the Board to assist you in substantiating your
				  claim. If testing is to be done, the Board shall inform you of proper shipping
				  and handling procedures for samples based on the provisions of the particular
				  test to be used,
(5) A written
				  explanation describing the circumstances leading to your decision to reject or
				  refuse to purchase every sample or shipment of rejected or refused RPPCM,
				  and,
(6) A written explanation from
				  the supplier of any sample or shipment of RPPCM describing the quality of the
				  particular material which was rejected or refused by you.