CCLME.ORG - DIVISION 7. CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD

(continued)
Un = units or uses of product per non-source reduced container
Ws = average weight or volume capacity of the source reduced containers
Us = units or uses of products per source reduced container
i = each container line complying with this source reduction option
Ni = total annual number of containers in container line i complying with the source reduction option
To comply under this option the Percent Source Reduced must be equal to or greater than 10.
(D) Any other information from the product manufacturer necessary to substantiate the product manufacturer's claim of compliance with this option.
(3) For rigid plastic packaging containers for which the reuse compliance option is claimed, the product manufacturer must provide, at a minimum, the following information:
(A) A statement of the measurement period that was used to quantify the amount that the identified containers were reused, and a quantitative description of how that measurement period was determined;
(B) Copies of sales reports or other evidence that show the following:
1. The total volume or weight of the product sold in the original containers in the established measurement period, and
2. The total volume or weight of the replacement product sold.
Sales reports of the product sold in the original rigid plastic packaging container and sales reports of the replacement product must be identified separately; and
3. If the replacement product is of a different strength than the original product, the product manufacturer must provide the appropriate conversion factor. The conversion factor shall explain the number of uses per weight unit or volume unit of product for both the original product and for the replacement product.
(C) The formula and data used to calculate the number of reuses achieved for the containers. The following formulas may be used, if mathematically appropriate for the subject containers, or the product manufacturer may supply its own appropriate formula:
Formula to calculate the number of reuses for a given measurement period for a single container line:
Average Reuse Per
Container Liner = (number of replacement product packages sold) x n
-------------------------------------------------
(number of original containers sold)

where:
n = the number of times the replacement product packages will fill the
original container to accomplish the same number of units or uses
of product held by the original container.

Formula to calculate the average number of reuses for a given measurement period for multiple container lines:
where:
i = each container line seeking this compliance option
R = total number of units or uses sold in replacement products packages
calculated by multiplying the number of units or uses in each
replacement package by the number of replacement packages
sold during the measurement period.
Oi = total number of units or uses sold in original containers calculated
by multiplying the number of units or uses in each original
container by the number of original containers sold during the
measurement period.

To comply under this option, the Average Reuse Per Container must be equal to or greater than 5.
(D) Any other information from the product manufacturer necessary to substantiate the product manufacturer's compliance claim with this option.
NOTE: This option will demonstrate compliance for the original containers only; the replacement product container must comply under another option.
(4) For rigid plastic packaging containers for which the refill compliance option is claimed, the product manufacturer must provide, at a minimum the following information:
(A) A statement of the measurement period that was used to quantify the amount that the identified containers were refilled, and a quantitative description of how that measurement period was determined;
(B) Copies of sales reports or other evidence which shows the following:
1. The total number of containers sold during the measurement period.
2. The total number of original containers used by the product manufacturer during the established measurement period.
(C) The formula and data used to calculate the number of refills achieved for the containers. The following formulas may be used, if mathematically appropriate for the subject containers, or the product manufacturer may supply its own appropriate formula:
Formula to calculate the number of refills for a given measurement period for a single container:
number of containers sold during the
Average Refills Per Container = measurement period
-----------------------------------------
number of new original containers used by
the product manufacturer during the
measurement period

Formula to calculate the number of refills for a given measurement period for multiple container lines:
total weight of all containers sold during the
Average Refills measurement period
-----------------------------------------------------------
Per Container = total weight of all new original containers used during the
measurement period

To comply with this option, the Average Refills Per Container must be equal to or greater than 6.
(F) Any other information from the product manufacturer necessary to substantiate the product manufacturer's compliance claim with this option.
(5) For rigid plastic containers for which the particular type or product associated recycling rate compliance option is claimed, the product manufacturer must show the recycling rate for that specific particular type of container sold in California and the number of those containers collected in California for recycling. At a minimum, the product manufacturer must do the following:
(A) Present to the Board in writing for its approval the methodology used to determine the sales and recycling figures. This methodology must explain in detail how the figures were derived or obtained. The Board must approve of the methodology prior to its use to determine a particular type or product associated recycling rate. Beginning for compliance year 1996, for any given calendar year, if a product manufacturer elects to base compliance on this option, the methodology must have been submitted to the Board by July 1 of the previous year. A product manufacturer may use the same methodology that the Board adopts to determine the aggregate recycling rate if the product manufacturer can demonstrate how the method is appropriate and comparable.
The Board shall notify the product manufacturer within 60 days of the postmark of the request as to whether the methodology is acceptable. If a methodology is determined to be unacceptable, the Board will provide the rationale for why the methodology is not acceptable and provide suggestions as to how the proposed methodology could be altered to be made acceptable.
(B) Once a methodology has been approved, that same methodology must be used to determine the figures submitted as part of a compliance claim. If the approved methodology is not used and the manufacturer selects this compliance option, the Board may reject the product manufacturer's compliance claim. The methodology remains valid to determine compliance in future years, unless it is modified by the product manufacturer without the Board's approval. Procedures for obtaining authorization for modifying a methodology are identical to those for establishing the initial methodology as stated in this section. The Board may request original data.
(C) Product manufacturers that use the particular type recycling rate to comply with this program may designate any person as the entity to design the methodology, perform the study, and submit supporting documentation to the Board on behalf of the product manufacturers who are using the particular type rigid plastic packaging containers.
(D) Any other information from the product manufacturer necessary to substantiate the product manufacturer's compliance claim with this option.
(E) To comply under this option, the recycling rate must be equal to or greater than 45 percent.
(6) Product manufacturers using the floral industry compliance option, as specified in section 17944(a)(5), shall submit to the Board for review and approval a methodology showing how affected containers will meet the two year reuse criteria. For 1997, the product manufacturer shall submit the proposed methodology to the Board on or before July 1, 1997. For subsequent years, the manufacturer shall submit the proposed methodology to the Board on or before July 1 of the calendar year immediately prior to the year the manufacturer intends to use this compliance option.
The methodology shall include:
(A) The proposed method used to determine the number of containers sold to the floral industry in California;
(B) The proposed method used to determine the total number of containers sold in California; and
(C) The proposed method used to determine the average reuse (in years) of the containers purchased by the floral industry in California. One acceptable method would be a statistically valid survey of the product manufacturer's floral industry customers, to be conducted by an independent contractor. If this method is used, a copy of the proposed survey form must be included in any submittals to the Board.
(7) Based upon information received related to subdivisions (1) through (6) of this section, the Board may request additional information as it deems necessary.
(b) Can a product manufacturer switch the option it uses to attain compliance for its rigid plastic packaging containers?
A product manufacturer may change the option it uses to attain compliance for its rigid plastic packaging containers one time per calendar year or other established measurement period.
(c) When must I submit supporting documentation to the Board?
Following receipt of your compliance certification, the Board may request that you submit documentation to support your compliance claim. You must submit supporting documentation at the Board's request. If the Board wants you to submit supporting documentation, the Board will mail a request and you will have 60 days following the postmarked date to supply the information. Supporting documentation shall be submitted to the Board by certified mail. If the Board does not request supporting documentation, you should not include it with your compliance certification.
(d) How long must I keep the records required by these regulations?
For all compliance standards used by a product manufacturer other than source reduction, all documentation supporting any compliance claim must be available for at least four years following the end of the compliance period. For source reduction compliance claims, the supporting documentation for the baseline year as specified in subdivision (a)(2) of this section must be available to the Board for at least four years after the product is no longer sold in California.

Note: Authority cited: Sections 40502 and 42325, Public Resources Code. Reference: Sections 42310, 42320, 42321 and 42325, Public Resources Code.

s 17947. Auditing.
(a) Will the Board audit my certifications?
The Board may audit your certifications. The Board may ask you for supporting documentation as described in Sections 17946 and 17946.5 of this Article.
(b) How will the Board request supporting documentation?
To obtain the information, the Board will mail a request to you. The Board will list the information it needs and explain why the Board needs the information. You will have 60 days following the postmarked date on the Board's request to supply the information.
(c) How will the Board conduct an audit?
If the Board decides to conduct an audit of your records to determine compliance with program requirements, the audit will be conducted based on information you provide to the Board. The Board may request supplemental information from you during the course of the audit, if necessary. The Board will mail you the results within 60 days of the date that the Board receives any supplemental information requested.
(d) What if I fail to provide requested information to the Board?
If you fail to provide the requested information in accordance with this Article, you may be subject to the fines and penalties set forth in Section 17949 of this Article.

Note: Authority cited: Sections 40502 and 42325, Public Resources Code. Reference: Sections 42320 and 42321, Public Resources Code.

s 17948. Proprietary Information.
(a) How will the Board handle confidentiality of information?
(1) Upon the request of a manufacturer or trade association, the Board shall not disclose information, required by Section 17948 as it read prior to January 1, 1997, related to individual manufacturers, to the extent that it may legally be withheld from disclosure. Information related to individual manufacturers may be withheld from disclosure:
(A) if it is found to contain proprietary information pursuant to Public Resources Code Section 42323;
(B) to the extent provided by Government Code Sections 6254(k) and 6255; and
(C) if it constitutes a trade secret as referenced in Public Resources Code Section 40062, Civil Code Section 3426 et seq., and Government Code Section 6254.7.
(2) If the Board receives a written request from a member of the public that the Board disclose data claimed to be trade secret, confidential or proprietary information, or if the Board, upon its own initiative, seeks to disclose such data, the Board shall inform the provider of the information in writing that disclosure of the data is sought, and that a determination is being made as to whether any or all of the information has been properly identified as trade secret, confidential or proprietary information.
(A) If the Board determines that the information is not trade secret, confidential or proprietary information, the Board shall notify the person who furnished the information by certified mail. The person who furnished the information shall have 30 days after receipt of this notice to provide the Board with a complete justification and statement of the grounds on which the trade secret, confidential or proprietary information claim is being made. The justification and statement shall be submitted to the Board by certified mail. The deadline for filing the justification may be extended by the Board upon a showing of good cause made prior to the deadline specified for its receipt.
1. The justification and statement submitted in support of a claim of trade secret, confidential or proprietary information shall include, but is not limited to, the following:
a. a specific description of the data claimed to be entitled to treatment as trade secret, confidential or proprietary information;
b. a statement as to whether it is asserted that the data is a trade secret, is confidential or proprietary information, that disclosure of the data would result in harmful effects on the person's competitive position, and if so, the nature and extent of such anticipated harmful effects;
c. any statutory or regulatory provisions under which the claim of trade secret, confidentiality or proprietary is asserted;
d. the period of time for which trade secret, confidential or proprietary treatment is requested;
e. the extent to which the data has been disclosed to others and whether its trade secret, confidential or proprietary status has been maintained or its release restricted;
f. trade secret, confidentiality or proprietary determinations, if any, made by other public agencies as to all or part of the data and a copy of any such determination, if available.
2. Documentation in support of a claim of trade secret, confidential or proprietary information, as specified in subdivision 1. of this section, may be submitted to the Board prior to the time disclosure is sought.
(B) The Board shall determine whether the information is protected as trade secret, confidential or proprietary information within 15 days after receipt of the justification and statement or, if no justification and statement is filed, within 45 days of the notice required by subdivision (A). The Board shall notify the person who furnished the information and any party who has requested the information pursuant to a public records request of the determination, by certified mail.
(C) If the Board determines that the information is not protected as trade secret, confidential or proprietary information, the notice required by subdivision (B) shall also specify a date, not sooner than 15 days after the date of mailing of the notice, when the information shall be made available to the public.
(3) Except as provided in subdivisions (1) and (2), the Board may release information submitted and designated as trade secret, confidential or proprietary information to the following under the following conditions:
(A) Other governmental agencies, and the Legislature may receive information that has been compiled or aggregated from confidential information, but does not reveal the specific sources of the information, when the information has been requested in connection with a local enforcement agency's or the Board's responsibilities under this division or for use in making reports.
(B) To the state or any state agency in judicial review for enforcement proceedings involving the person furnishing the information.
(4) Should judicial review be sought of a determination issued in accordance with section (2), either the person requesting the data or the person making the claim of trade secret, confidential or proprietary information status in relation to the data, may be made a party to the litigation to justify the determination.

Note: Authority cited: Section 6253, Government Code. Sections 40502 and 42325, Public Resources Code. Reference: Sections 6250 et seq., Government Code. Sections 40062 and 42323, Public Resources Code.

s 17948.5. Letters of Non-Objection.

Note: Authority cited: Sections 40502 and 42325, Public Resources Code. Reference: Sections 42310 and 42323, Public Resources Code.

s 17949. Violations and Penalties.
(a) What may result if I provide the Board with a false or misleading certification?
Pursuant to Public Resources Code 42322, within 30 days of the Board having made a determination that an entity provided the Board with a false or misleading certificate, the Board shall refer that entity to the Attorney General for prosecution for fraud.
(b) What may result if I do not comply with the program requirements?
Any violation is a public offense and is punishable by a fine not to exceed $100,000. In addition, violators may be subject to a civil penalty not to exceed $50,000 per violation. Total fines and penalties are not to exceed $100,000 per annum for each violator. Annually, on and after July 1, 1996, the Board shall publish a list of all violators of these requirements and the amount of the fines they were assessed.
(c) What are the penalties for not complying with program requirements?
Penalties for specified violations of program requirements follow.

Violation Description of Violation Penalty
(1) Product manufacturer did not comply with container $5,000
CCRSection -$50,000
17944;
PRCSection requirements. Penalty determined by degree of See
42310 Subsection
(d).
noncompliance.
(2) Product manufacturer did not submit certification $1,000
CCRSection by -$50,000
17946
due date. See
Subsection
(e).
(3) Product manufacturer did not submit complete or $1,000
CCRSection accurate -$50,000
17946
certification by due date. Degree of
incompleteness or inaccuracies
include, but are not limited to, misreporting
exemptions; failure
to account for all products; failure to account
for subsidiaries and divisions;
lack of container manufacturer's verification of
number of containers sold
or weight of containers; inconsistencies in
information from product
manufacturer and container manufacturer; lack of
signatures; mathematical
inaccuracies.
(4) Product manufacturer submitted false or misleading Referral to
CCRSection information Attorney
17946; General for
PRCSection on certification. prosecution
42321 for fraud
within 30
days
of discovery
by Board;
maximum
fine,
$100,000.

(d) For violation (1) how will the degree of noncompliance be determined?
The degree of noncompliance will be determined according to the following point system where the amount of violation will be determined according to the following formula: $50,000 minus $1,800 times number of points or [$50,000 - ($1,800 x number of points)].
Rigid Plastic Packaging Container Compliance Point System

Points PC Resin Source Reduction Reuse Refill
(Percent PCR) (Percent SR) (Times) (Times)
1 1 0.4 0.2 0.2
2 2 0.8 0.4 0.4
3 3 1.2 0.6 0.6
4 4 1.6 0.8 0.8
5 5 2 1 1
6 6 2.4 1.2 1.2
7 7 2.8 1.4 1.4
8 8 3.2 1.6 1.6
9 9 3.6 1.8 1.8
10 10 4 2 2
11 11 4.4 2.2 2.2
12 12 4.8 2.4 2.4
13 13 5.2 2.6 2.6
14 14 5.6 2.8 2.8
15 15 6 3 3
16 16 6.4 3.2 3.2
17 17 6.8 3.4 3.4
18 18 7.2 3.6 3.6
19 19 7.6 3.8 3.8
20 20 8 4 4
21 21 8.4 4.2 4.2
22 22 8.8 4.4 4.4
23 23 9.2 4.6 4.6
24 24 9.6 4.8 4.8
25 25 10 5 5
26 26 10.4
27 27 10.8
28 28 11.2
29 29 11.6
30 30 12
31 31 12.4
32 32 12.8
33 33 13.2
34 34 13.6
35 35 14
36 36 14.4
37 37 14.8
38 38 15.2
39 39 15.6
40 40 16
41 41 16.4
42 42 16.8
43 43 17.2
44 44 17.6
45 45 18
46 46 18.4
47 47 18.8
48 48 19.2
49 49 19.6
50 50 20

(e) For violation (2), what criteria will be used to determine penalties for certifications submitted late?
Certifications submitted late will be assessed the following penalties:
Days Late Amount of Penalty
1-30 $1,000
31-60 $5,000
More than 60 Up to $50,000
(Considered nonresponsive)

(f) Are there mitigating factors that the Administrative Law Judge or Board may consider in reducing the penalty amount for any violation?
Yes. The Administrative Law Judge or the Board may consider, but is not limited to considering, evidence of the following, as provided by the product manufacturer:
1. Impact on diversion and sustainable markets.
2. Size of company.
3. Degree of cooperation or noncooperation, including documented efforts to obtain container manufacturer's documentation.
4. Technological feasibility of compliance.
5. History of previous compliance.

Note: Authority cited: Sections 40502 and 42325, Public Resources Code. Reference: Sections 42310, 42321 and 42322, Public Resources Code.

s 17950. Regulatory Effect of Questions and Answers.
For the purposes of this Article, both the question and answer in each section have regulatory effect for implementation and enforcement. In addition to the regulations in this Article, statutory provisions contained in Sections 40502 and 42750 through 42791 of the Public Resources Code govern the Recycled-Content Newsprint Program.

Note: Authority cited: Sec tion 40502, Public Resources Code. Reference: Section 42760, Public Resources Code.

s 17952. Purpose and Definitions.
(a) What is the purpose of these regulations? These regulations explain what recycled-content newsprint requirements consumers and suppliers of newsprint must meet, and what procedures consumers and suppliers of newsprint must follow to report and certify recycled-content newsprint use. These regulations only pertain to newsprint use within the state of California.
(b) Definitions. Additional definitions may be found in Article 1, Chapter 15, Part 3 of Division 30 of the Public Resources Code.
(1) The Board is the California Integrated Waste Management Board.
(2) A commercial printing and publishing operation is a business located in California, which uses newsprint in its printing or publishing operation. A commercial printer is further defined as a person whose business is classified in the Standard Industrial Classifications Code (SIC), Sections 2752, 2754, or 2759, which are incorporated herein by reference. A commercial publisher is further defined as a person whose business is classified in the Standard Industrial Classifications Co de (SIC), Sections 2711, 2721, 2731, or 2741, which are incorporated herein by reference.
(3) A consumer of newsprint means a person, as defined in Public Resources Code section 40170, who uses newsprint in a commercial printing or in a commercial publishing operation.
Public Resources Code 40170 defines "person" as individual, firm, association, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.
(4) Delivery time is the time between placement of a newsprint order and receipt of that order by a consumer of newsprint.
(5) Grade is a class or level of quality of paper or pulp which is ranked, or distinguished from other papers or pulps, on the basis of its use, appearance, quality, manufacturing history, raw materials, or a combination of these factors. Some grades have been officially identified and described and thus are ranked. Others are commonly recognized but lack official definition.
(6) Groundwood Pulp means a material that is produced by taking debarked pulpwood, and forcing it against a revolving grindstone in the presence of water. The abrasive action of the stone reduces the wood to pulp. No chemicals are used in the production of groundwood except for possible bleaching.
(7) Machine Finish is any finish obtained on a paper machine. It may be that of a sheet of paper as it leaves the last drier or as it leaves the calendar stack. It may also be a dry or water finish. When used in conjunction with the name of a grade or type of paper, a machine finish has less than the maximum range of smoothness.
(8) May means a provision is permissive.
(9) A metric ton is 1000 kilograms. To convert pounds to metric tons, divide the number of pounds by 2,204.6.
(10) Must means a provision is mandatory.
(11) Newsprint means uncoated paper, whether supercalendered or machine finished, of the type generally used for, but is not limited to, the publication of newspapers, commercial advertising inserts, directories, or commercial advertising mailers, which is made primarily from mechanical woodpulps combined with some chemical woodpulp. "Newsprint" includes paper made from old newspapers, which have been deinked, using the recycled pulp in lieu of virgin pulp. "Newsprint" includes all grades of paper sold as newsprint, supercalendered (SC) uncoated groundwood, or machine finished (MF) uncoated groundwood.
Grades of newsprint may include, but are not limited to:
(1) Newspaper Newsprint: 52.1 g/m<>2 through 45.0 g/m<>2
(2) Lightweight Newsprint: 45.0 g/m<>2 and lower
(3) Supercalendered and machine finished uncoated groundwood newsprint grades, as follows:
(a) Hi-Brite Newsprint: 48.8 g/m<>2 and higher, brightness greater than 65%
(b) CPO Newsprint: 45.0 g/m<>2 through 48.7 g/m<>2 brightness greater than 65%
(c) Rotogravure Newsprint: 40.0 g/m<>2 and higher, roughness less than 60 Sheffield.
(12) A newsprint manufacturer is in the business of making newsprint.
(13) A newsprint supplier is a broker, dealer, or seller of 5 metric tons or more of newsprint per year for use in California. Consumers who supply other consumers with newsprint are not considered suppliers for the purposes of this Article.
(14) Quoted price is defined as the actual purchase price for newsprint; i.e. the price agreed upon by the buyer and the seller, verbally or in writing, which would consummate a sale or purchase.
(15) Recycled Content Newsprint means newsprint in which not less than 40 percent of its fiber consists of postconsumer wastepaper.
(16) A Reporting Period is from January 1 through December 31 of any given year.
(17) A shipment is defined as any quantity of newsprint, regardless of mode of transportation, which is accompanied by an invoice, bill of lading, shipment order, purchase order, or other evidence of shipment. A physical record for every shipment must be received by the company using the newsprint in its commercial printing or publishing operation.
(18)
(18) Supercalendered is a finish obtained by passing paper between rolls of a supercalender under pressure. The resulting finish will vary depending upon the raw material used in the paper and the pressure exerted upon it, from that of the highest English finish to a highly glazed surface.

Note: Authority cited: Sec tion 40502, Public Resources Code. Reference: Sections 42750, 42753, 42754, 42755 and 42756, Public Resources Code.

s 17954. Who Must Comply with These Regulations?
Who must comply with these regulations? You must comply with these regulations if you are:
1. A person, as defined by Public Resources Code section 40170, located in California, or
2. A newsprint supplier who is a person, as defined above, who supplies newsprint which will be used in California, or
3. A newsprint manufacturer who is a person, as defined above, who produces newsprint, which will be used in California.

Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 42750, 42753 and 42772, Public Resources Code.

s 17956. Who Must Certify?
These certification requirements apply to printers and publishers, located in California, who use newsprint in their operations. Printing or publishing operations located outside of California are not required to comply with these regulations.
(a) Printer/Publisher Certification of Recycled-Content Newsprint Use to the Board.
(1) If you own or operate a commercial printing establishment located in California, you must annually submit to the Board a completed form CIWMB 430 "Newsprint Consumer Certification" (11/00), which is incorporated herein by reference. (See Appendix A.) This form is due to the Board on March 1 of each year.
(2) If you own or operate a commercial publishing operation located in California, which also owns or operates a commercial printing operation, you must annually submit a completed Newsprint Consumer Certification, form CIWMB 430 (11/00), to the Board.
(3) Any person owning or operating more than one commercial printing or commercial publishing operation in California may submit one certification for all of its operations. All of the information required by Section 17958(b) of this Article must be itemized for each establishment included in the certification.
(4) If you own or operate a commercial printing operation located in California, but do not do any printing, you are not required to submit a Newsprint Consumer Certification, form CIWMB 430 (11/00), to the Board.
(b) Supplier Certification of Recycled-Content Newsprint to Consumers or other Suppliers.
If, at any time during a year, you supply recycled-content newsprint to commercial printers/publishers located in California, or to other suppliers who may in turn supply such establishments, you must comply with Section 17960 of this Article. Suppliers of newsprint are held accountable for certification according to Section 17960, regardless of their location.
(c) Manufacturer Certification of the Recycled-Content of its Newsprint to the Board.
If you are a person manufacturing recycled-content newsprint for use in California, you must submit a letter to the Board certifying the metric tons of postconsumer wastepaper and/or deinked pulp received or produced at each of your mills producing recycled-content newsprint for use in California during each reporting period. You must also certify to the Board the metric tons of recycled-content newsprint, by grade, which were produced at each of your mills that were shipped for use in California during each reporting period. This letter of certification will be due on March 1 of every year for each reporting period (January 1 through December 31).
(d) Manufacturer Certification of the Recycled-Content to Suppliers/Consumers.
If you are a person manufacturing recycled-content newsprint for use in California, you must certify that the newsprint you ship for use in California is recycled-content newsprint.

Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 42753, 42772, 42773, 42774 and 42775, Public Resources Code.

s 17958. Newsprint Consumer Requirements.
(a) I am a consumer of newsprint. What must I do to comply with these regulations? If you are a consumer of newsprint, to comply with these regulations you must:
1. Satisfy the minimum recycled-content newsprint use requirements in Table One below, and
2. Certify to the Board by March 1 of each year that you are meeting these requirements. The first certification is due to the Board by March 1, 1992 for 1991's use. Certification information is listed in subsection (b) of this section.
TABLE ONE: RECYCLED-CONTENT NEWSPRINT USE REQUIREMENTS
On and After Required Use
January 1, 1991 25 percent
January 1, 1994 30 percent
January 1, 1996 35 percent
January 1, 1998 40 percent
January 1, 2000 50 percent

(b) I am a consumer of newsprint located in California. What information must I send to the Board each year for my certification? By March 1 of each year, you must send the following information to the Board on the Board-supplied Newsprint Consumer Certification Form #430 (11/00):
1. Your name, mailing address, physical address, and telephone number;
2. The total metric tons of newsprint not containing forty (40) percent postconsumer fibers used during the preceding calendar year; and
3. The total in metric tons of recycled-content newsprint used during the preceding calendar year;
(c) I am a consumer of newsprint. What records must I keep to comply with these regulations? To comply with these regulations, consumers of newsprint must keep:
1. A copy of every shipment order, bill of lading, invoice, purchase order, or other evidence of shipment,
2. A copy of the annual Newsprint Consumer Certification Form #430 (11/00), that you send to the Board, and
3. A copy of any supplier certification you have received.
(d) How long must consumers of newsprint keep the records required by these regulations? You must keep the records for 3 years after the date of the certification and make them available to the Board upon request.

Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 42760, 42770 and 42782, Public Resources Code.

s 17960. Newsprint Supplier Requirements.
(a) I am a newsprint supplier. When I certify the metric tons of recycled-content newsprint in every shipment to a consumer or other supplier of newsprint, what information must I include? When you certify the metric tons of recycled-content newsprint in every shipment to a newsprint consumer or supplier, you must include:
1. Your name, mailing address, and telephone number,
2. The name and physical address of the consumer or supplier to whom you are sending the newsprint,
3. The name of the newsprint grade, and the date(s) of shipment,
4. Total in metric tons, by grade, of recycled-content newsprint shipped, and
5. Total in metric tons, by grade, of newsprint containing less than forty (40) percent postconsumer wastepaper shipped.
6. If a shipment contains no recycled-content newsprint, the supplier shall so certify.
(b) I am a newsprint supplier who has supplied consumers or other suppliers with recycled-content newsprint. What records must I keep to comply with these regulations? You must keep the following records for each shipment of newsprint you make to a consumer or other supplier of newsprint:
1. The manufacturer's name, address, and mill of production for each grade of newsprint received in each shipment,
2. The name and mailing address of the person from whom you received each shipment prior to your supplying it to others,
3. The name and mailing address of the consumer or supplier to whom you shipped the newsprint,
4. The name of the newsprint grade(s) supplied in each shipment, and the dates of shipment,
5. Total, in metric tons, of each grade of newsprint containing less than forty (40) percent postconsumer wastepaper contained in each shipment,
6. Total, in metric tons, of each grade of recycled-content newsprint contained in each shipment, and
7. Copies of any certifications you send to consumers of newsprint, or to other suppliers.
(c) As a newsprint supplier, how long must I keep the records required by these regulations? If you are a newsprint supplier, you must keep records for 3 years after the date of each certification and make them available to the Board upon request.

Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 42772 and 42780, Public Resources Code.

s 17962. Newsprint Manufacturer Requirements.
(a) I manufacture recycled-content newsprint, which is used in California. What must I do to comply with these regulations? If you manufacture recycled-content newsprint, which is used in California, you must:
(1) Certify the metric tons of recycled-content newsprint contained in each shipment made to consumers or suppliers, by grade, for use in California. If a shipment contains no recycled-content newsprint, you shall so certify.
(2) Certify to the Board by March 1 of each year the metric tons of postconsumer waste paper and/or deinked pulp received or produced at each of your mills producing recycled-content newsprint for use in California during each reporting period.
(3) Certify to the Board by March 1 of each year the metric tons of recycled-content newsprint, by grade, which were produced at each of your mills, which were shipped for use in California, during each reporting period.
(b) As a manufacturer of recycled-content newsprint, what records must I keep to comply with these regulations? If you are a recycled-content newsprint manufacturer, you must keep copies of any certification you send to suppliers, consumers, or the Board.
(c) As a manufacturer of recycled-content newsprint, how long must I keep the records required by these regulations? You must keep the records for 3 years after the date of the certification and make them available to the Board upon request.

Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 42772, 42780, Public Resources Code.

s 17964. Quality Standards.
(a) What quality standards does the recycled-content newsprint have to meet? The Board shall establish the comparable quality standards, which the recycled-content newsprint must meet.
(b) How will the Board set its comparable quality standards? In July of each year, the Board will survey newsprint manufacturers who annually sell more than 5,000 metric tons of recycled-content newsprint for use in California. The Board will request samples from each of these manufacturers for each grade of recycled-content newsprint that they produce.
The Board will then conduct testing following the methods of the Technical Association of the Pulp and Paper Industry (TAPPI), and will establish the standards based on the results of the testing. The TAPPI Test Methods T414, T452, and T425, 1986, are incorporated herein by reference, and listed in Table Two below. (See section (e) for additional information about the TAPPI methods).
TABLE TWO: TAPPI TEST METHODS

______________________________________________________________________
Specification Test Method Units
______________________________________________________________________
Average of all brightness tests T452 Percent
Average of all opacity tests T425 Percent
Average of all cross-machine tear strength tests T414 Grams
______________________________________________________________________

(c) The Board will use the following method to calculate the comparable quality standard for each of the specifications in the newspaper newsprint and lightweight newsprint grades:
Sum of the test results from samples submitted
by manufacturers = ________ (1)
Number of manufacturers submitting samples = ________ (2)
Divide (1) by (2) = ________ (3)
Multiply (3) by 0.98 = ________ (4)

The figure on line (4) is the minimum comparable quality standard for these grades.
(d) The Board will use the following method to calculate the comparable quality standard for each of the specifications in the supercalendered and machine finished uncoated groundwood grades:
Sum of the test results from samples submitted
by manufacturers = ________ (1)
Number of manufacturers submitting samples = ________ (2)
Divide (1) by (2) = ________ (3)
Multiply (3) by 1.00 = ________ (4)

The figure on line (4) is the minimum comparable quality standard for these grades.
(e) Where can I find the TAPPI methods for sampling procedures, and the test methods for brightness, printing opacity and cross-machine tear strength? You can find the test methods (T414, T425, T452) in a book called TAPPI Test Methods , Volumes 1 and 2, 1986, published by the Technical Association of the Pulp and Paper Industry, P.O. Box 105113, Atlanta, Georgia, 30348. TAPPI methods can also be found in the Annual Book of the American Society of Testing Materials (ASTM) OM-87, Volume 15.09, 1988.
(f) When will the Board make available the comparable quality standards? The Board will make available the comparable quality standards by November 30 of each year.
(g) For what time period will these comparable quality standards apply? The comparable quality standards made available by November 30 of each year will apply throughout the following calendar year.

Note: Authority cited: Sections 40502 and 42775(a), Public Resources Code. Reference: Section 42775(a) and (b), Public Resources Code.

s 17966. Comparable Price.
How do I know if the price I have to pay for recycled-content newsprint is a comparable price? The price for a grade of recycled-content newsprint is comparable if the quoted price for the recycled-content newsprint is less than or equal to the quoted price for newsprint which is not recycled-content newsprint. These price comparisons shall be grade-specific and for similar quantities.

Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 42760, Public Resources Code.

s 17968. Availability Within a Reasonable Period of Time.
(a) How will I know if the delivery time promised by a newsprint manufacturer or supplier for recycled-content newsprint is reasonable?
(1) A reasonable delivery time for recycled-content newsprint for a commercial publisher shall be forty-five (45) calendar days.
(2) A reasonable delivery time for recycled-content newsprint for a commercial printer shall be calculated by adding the delivery times in days for all deliveries of newsprint of that grade received by the printer in the prior 30 days, dividing the result by the number of deliveries, and multiplying this result by 1.1. If the quoted delivery time is less than or equal to the final result of your calculation, the quoted delivery time is reasonable.
(b) What if I have not received a shipment of that grade of newsprint in the previous 30 days? If you have not received a shipment of that grade of newsprint within the last 30 days, add all the delivery times for the last 90 days for the calculation. If you have not received a shipment in the last 90 days, substitute delivery times of a comparable grade of newsprint and complete the calculation.
(c) What if I have never received a shipment of that grade of newsprint or any comparable grades? If you have never received a shipment of that grade or any grade comparable, the recycled-content newsprint shall be considered available within a reasonable period of time if the quoted delivery time does not prevent you from performing the job for which you need the newsprint.

Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 42760, Public Resources Code.

s 17970. Auditing.
(a) Will the Board conduct audits of my certifications? The Board may conduct audits of your certifications. The Board may either ask you for additional information, or the Board may conduct an on-site audit.
(b) How will the Board conduct a request for additional information? To get the information, the Board will send you a request by certified mail. The Board will list the information the Board needs and explain why the Board needs the information. You will have thirty days to supply the information.
(c) How will the Board conduct an on-site audit? If the Board decides to audit your records to determine compliance with the statutory requirements, either Board staff or an auditor will conduct the audit. The Board will send you the results within thirty days of the date on which the audit was performed.

Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 42771, Public Resources Code.

s 17972. Failure to Meet Goals.
(a) I am a consumer of newsprint. What happens if I cannot meet the recycled-content newsprint use requirements for any reporting period? If you cannot meet the recycled-content newsprint use requirements for any reporting period, you must give the specific reasons why you did not meet them when you file your certification for that reporting period.
There are only three acceptable reasons, pursuant to Public Resources Code section 42773, for not meeting the recycled-content newsprint use requirements:
1. The recycled-content newsprint did not meet the quality standards established by the Board as defined in Section 17964 of this Article;
2. The recycled-content newsprint was not available at a comparable price, as defined in Section 17966 of this Article, to that for newsprint which is not recycled-content newsprint; or
3. The particular grade of recycled-content newsprint would not have been available in a reasonable time as defined in Section 17968 of this Article.
(b) I was not able to meet the recycled-content newsprint use requirements for a reporting period. In my certification, I am going to use one of the reasons listed above to explain why I did not meet the requirements for recycled-content newsprint use. What steps do I have to take to make this certification in good faith? To make this certification in good faith, you must provide documentation, as described in Public Resources Code section 42773, showing that you contacted newsprint suppliers for the purpose of obtaining recycled-content newsprint. You must list all newsprint suppliers with whom you had purchase discussions, or producers that offered to sell you recycled-content newsprint within the preceding twelve months, on the Board supplied Newsprint Consumer Certification Form #430 (11/00).
(c) I was not able to meet the recycled-content newsprint use requirements for a reporting period. What records do I have to keep to document my claim?
1. If you claim that you did not meet the recycled-content newsprint use requirements because recycled-content newsprint was not available at a comparable price to newsprint which is not recycled-content newsprint, you must keep invoices for the newsprint you purchased for your use and copies of the quoted prices which you received for recycled-content newsprint during that particular reporting period.
2. If you claim that you did not meet the recycled-content newsprint use requirements because the recycled-content newsprint did not meet the comparable quality standards during a particular reporting period, it is your responsibility to document your claim. Examples of documentation include, but are not limited to:
(i) Technical specifications or a letter of certification from the manufacturer of thatnewsprint demonstrating that the newsprint does not meet the quality standards, or (continued)