Regulations: Title 14, Natural Resources--Division 7, CIWMB

Chapter 4. Resource Conservation Programs

Note:

Authority cited:
Section 40502 of the Public Resources Code.

Reference:
Section 42760 of the Public Resources Code.

Section 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 Californian.

(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 (3/20/92) are incorporated herein by reference. A commercial publisher is further defined as a person whose business is classified in the Standard Industrial Classifications Code (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 an 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 (3/20/92) 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/m2 through 45.0 g/m2
(2) Lightweight Newsprint: 45.0 g/m2 and lower
(3) Supercalendered and machine finished uncoated groundwood newsprint grades, as follows:

(a) Hi-Brite Newsprint: 48.8 g/m2 and higher, brightness greater than 65%

(b) CPO Newsprint: 45.0 g/m2 through 48.7 g/m2, brightness greater than 65%

(c) Rotogravure Newsprint: 40.0 g/m2 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. (3/20/92)

(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:
Section 40502 of the Public Resources Code.

Reference:
Sections 42750, 42753, 42754, 42755, 42756 of the Public Resources Code.

Section 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 of the Public Resources Code.

Reference:
Sections 42750, 42753, 42772 of the Public Resources Code.

Section 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 of the Public Resources Code.

Reference:
Sections 42753, 42772, 42773, 42774, and 42775 of the Public Resources Code.

Section 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

(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:

(1) Your name, mailing address, physical address, and telephone number,

(2) The total in metric tons of newsprint not containing forty (40) percent postconsumer fibers used during the preceding calendar years, 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, 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 of the Public Resources Code .

Reference:
Sections 42760, 42770, and 42782 of the Public Resources Code.

Section 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. Whet 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: (3/20/92)

(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 of the Public Resources Code.

Reference:
Sections 42772, 42780 of the Public Resources Code.

Section 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.

(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 of the Public Resources Code.

Reference:
Sections 42772, 42780 of the Public Resources Code.

Section 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)

(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:

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:

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) 0M-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, 42775(a) of the Public Resources Code.

Reference:
Sections 42775(a) and (b) of the Public Resources Code.

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 of the Public Resources Code.

Reference:
Section 42760 of the Public Resources Code.

Section 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 calculations 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 of the Public Resources Code.

Reference:
Section 42760 of the Public Resources Code.

Section 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 of the Public Resources Code.

Reference:
Section 42771 of the Public Resources Code.

Section 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 that newsprint demonstrating that the newsprint does not meet the quality standards, or

(ii) A letter of notification to the Board within two days of the date you conclude that the use requirements will not be met. The Board may conduct TAPPI tests, identified in section 17964 - Table Two of this Articles to assist you in substantiating your claim. If testing is required, the Board shall inform you of proper shipping and handling procedures for the samples based on the provisions of the particular test to be used.

(3) If you are a commercial publisher, and you claim that a grade of recycled-content newsprint was not available within a reasonable period of time during a particular reporting period, you must keep copies of the quoted delivery times which you are claiming were unreasonable.

If you are a commercial printer, and you claim that a grade of recycled-content newsprint was not available within a reasonable period of time during a particular reporting period, you must keep copies of the calculations used to establish your reasonable delivery time for that grade of newsprint and the quoted delivery times which you are claiming were unreasonable.

Note:

Authority cited:
Section 40502 of the Public Resources Code.

Reference:
Sections 42760, and 42773 of the Public Resources Code.

Section 17974. Penalties
What can happen to me if I make a false or misleading certification or I do not comply with the statutory requirements?

(a) Any person who does not comply with the statutory requirements for this program may be found guilty of an infraction, and/or may be subject to civil penalties. The Board may assess civil penalties of up to $1,000 per violation, subject to notice and hearing.

(b) Late filers and non-filers of Newsprint Consumer Certifications (Form 430) shall be subject to the graduated penalty structure below:

1. Any Consumer of Newsprint who files a certification at least 45 days late will be assessed a $500 civil penalty.
2. Any Consumer of Newsprint who files a certification more than 90 days late and/or fails to file will be assessed a $1,000 civil penalty.

(c) Any civil penalties assessed against a late or non-filer of the Form 430 shall be assessed by the Executive Director.

(d) A Consumer of Newsprint may appeal the penalty assessed above to the full Board within ten (10) working days of the receipt of the Notice of Penalty. This appeal must be made in writing and must be addressed to the Executive Director of the Board. The Executive Director shall calendar the appeal for hearing by the Board within thirty (30) days of the receipt of the written notification by the Consumer of Newsprint.

Note:

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