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 17976 - Purpose and Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) What is the purpose of these regulations?
				  These regulations explain the requirements for each manufacturer and wholesaler
				  of trash bags and each supplier of recycled plastic postconsumer material
				  (RPPCM) which is used to manufacture trash bags which are intended for sale or
				  distribution in California. Also included are procedures manufacturers and
				  wholesalers of trash bags and suppliers of recycled plastic postconsumer
				  material (RPPCM) must follow to meet reporting and certification requirements.
				  These regulations pertain to plastic trash bags which are intended for sale or
				  distribution, or which are sold within California to recycled plastic
				  postconsumer material (RPPCM) used to manufacture plastic trash bags which are
				  sold or intended for sale or distribution in California and other plastic
				  products manufactured by a plastic trash bag manufacturer intended for sale in
				  California.
(b) Definitions. The
				  following definitions, and the definitions found in Public Resources Code
				  section
				  42290
				  apply to the regulations in this Article.
(1)
				  "Actual postconsumer material (APCM)" means the weight, in pounds, of the
				  postconsumer material used in a feedstock to manufacture trash bags. For
				  example, the weight of actual postconsumer material in 1000 pounds of 100%
				  postconsumer material feedstock would be 1000 pounds. However, the weight of
				  APCM in 1000 pounds of resin blended from 70% postconsumer material and 30%
				  non-postconsumer material would be 700 pounds (1000 x 0.70 = 700).
(2) "Annual aggregate use" is the sum of all
				  actual postconsumer material (APCM) used to manufacture plastic products,
				  either just the plastic trash bags or all of a manufacturer's plastic products
				  that are used as a basis for compliance pursuant to section
				  17979. For example, if the
				  manufacturer chooses section
				  17979(a)(1)(A)1
				  to show compliance, and if 10 million pounds of regulated trash bags are
				  intended for sale in California, at least 1 million pounds APCM must be used to
				  manufacture plastic trash bags intended for sale in California during that
				  reporting period. Furthermore, the APCM may be used in some plastic trash bags
				  and not in others so long as the cumulative use of APCM in plastic trash bags
				  intended for sale in California exceeds 1 million pounds for the reporting
				  period. If the manufacturer uses section
				  17979(a)(1)(A)2
				  to show compliance and 10 million pounds of regulated trash bags and 90 million
				  pounds of other plastic products were manufactured and intended for sale in
				  California, at least 30 million pounds (0.30 x (10+90) = 30) APCM must be used
				  to manufacture all of those products during that reporting period.
(3) "Authorized certification signature"
				  means the signature of any one of the following persons who has been designated
				  by the entity to sign a certification on its behalf:
For a corporation--A responsible corporate officer or
					 manager authorized to make management decisions which govern the operation of
					 the certifying facility.
For a partnership or sole proprietorship--The general
					 partner or sole proprietor.
For a government agency--Either the principal executive
					 officer or a designated elected official who is authorized to obligate the
					 entity for purposes of this certification.
(4) "The Board" means the California
				  Integrated Waste Management Board.
(5) "Manufacturer" means a person who
				  manufacturers plastic trash bags for sale in this state. This includes persons
				  who produce plastic trash bags or convert plastic film into trash bags for sale
				  in this state.
(6) "May" means a
				  provision is permissive.
(7) "Must"
				  means a provision is mandatory.
(8)
				  "Plastic trash bag" means a bag that is manufactured for intended use as a
				  container to hold, store, or transport materials to be discarded, composted, or
				  recycled, including, but not limited to, garbage bags, composting bags, lawn
				  and leaf bags, can-liner bags, kitchen bags, compactor bags, and recycling
				  bags.
A plastic trash bag does not include a grocery sack or any
					 other bag that is manufactured for intended use as a container to hold, store,
					 or transport food.
A plastic trash bag does not include any plastic bag that
					 is used for the purpose of containing either of the following wastes:
(a) "Hazardous waste," as defined in Section
				  25117
				  of the Health and Safety Code.
(b)
				  "Medical waste," as defined in Section
				  25023.2
				  of the Health and Safety Code.
(9) "Postconsumer material" means a finished
				  product which would normally be disposed of as a solid waste, having completed
				  its intended end-use and product life cycle. "Postconsumer material" does not
				  include manufacturing and fabrication scrap.
(10) "Proximate prior usage" means the
				  collected finished product which the postconsumer material was derived from
				  prior to its being processed into recycled plastic postconsumer material for
				  use in a recycled content trash bag. For example, the proximate prior usage of
				  the postconsumer material may have been, dry-cleaner bags, grocery or produce
				  bags, agricultural film, or stretch wrap.
(11) "Recycled plastic postconsumer material
				  (RPPCM)" means a plastic feedstock which is used to manufacture trash bags
				  which contain postconsumer material. RPPCM may contain any amount (1-100%) of
				  postconsumer material; however, compliance will be determined based on the APCM
				  content of the trash bags.
(12)
				  "Regulated bags" means plastic trash bags, as defined, intended for sale in
				  California, which are at or above 0.70 mil thickness.
(13) "Reporting Period" is from January 1
				  through December 31 of any calendar year.
(14) A "shipment" is defined as any quantity
				  of trash bags or recycled plastic postconsumer material, regardless of mode of
				  transportation, which is accompanied by an invoice, bill of lading, shipment
				  order, or other evidence of shipment.
(15) A "Supplier" means any person who
				  provides recycled plastic postconsumer material (RPPCM) to a manufacturer of
				  plastic trash bags.
(16)
				  "Wholesaler" means any person who purchases plastic trash bags from a
				  manufacturer for resale in this state. This includes all persons who sell or
				  resell regulated plastic trash bags to retailers, distributors, commercial or
				  industrial users, or governmental entities in California.