[Federal Register Volume 61, Number 104 (Wednesday, May 29, 1996)]
[Notices]
[Pages 26986-26993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13432]



      

[[Page 26985]]


_______________________________________________________________________

Part IV





Environmental Protection Agency





_______________________________________________________________________



Paper Products Recovered Materials Advisory Notice

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

[[Page 26986]]



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: 
[email protected].

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

[[Page 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 mill-generated 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 non-postconsumer 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

[[Page 26988]]

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

[[Page 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 (non-
government) market. In addition, they stated that, even if they wanted 
to re-formulate 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 wood-
based 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

[[Page 26990]]

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 Over-Issue 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

[[Page 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                      
------------------------------------------------------------------------
                                                Recovered   Postconsumer
                     Item                       fiber  (%)    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 
------------------------------------------------------------------------
\1\ 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 & 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                      
------------------------------------------------------------------------
                                                Recovered   Postconsumer
                     Item                       fiber  (%)    fiber  (%)
------------------------------------------------------------------------
Coated Printing Paper........................           10            10
Carbonless...................................           20            20
------------------------------------------------------------------------


  Table A-1c.--Recommended Recovered Fiber Content Levels for Bristols  
------------------------------------------------------------------------
                                                Recovered   Postconsumer
                     Item                       fiber  (%)   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  
------------------------------------------------------------------------
                                                Recovered   Postconsumer
                     Item                       fiber  (%)    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

[[Page 26992]]

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                  
------------------------------------------------------------------------
                                                Recovered   Postconsumer
                     Item                       fiber  (%)    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                         
------------------------------------------------------------------------
                                                Recovered   Postconsumer
                     Item                       fiber  (%)    fiber  (%)
------------------------------------------------------------------------
Corrugated containers: \1\                                              
    (<300 psi)...............................       25-50         25-50 
    (300 psi)................................       25-30         25-30 
Solid Fiber Boxes............................           40            40
Folding cartons\2\...........................          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\3\..............................       10-100        10-15 
Brown papers (e.g., wrapping paper and bags).        5-40         5-20  
------------------------------------------------------------------------
\1\ 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.                                                              
\2\ 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.               
\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                             
------------------------------------------------------------------------
                                                Recovered   Postconsumer
                     Item                       fiber  (%)    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

[[Page 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 end-usage 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 end-usage 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  x  1.00 =...............................         42.0
Medium: 26  x  1.44 =......................................         37.4
Linerboard #2: 42  x  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  x  .20 = .07  x  2 = .14 (or 14%)
Medium: .30  x  .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