Cal. Code Regs. Tit. 14, § 17982 - Minimum Recycled Plastic Postconsumer Material (RPPCM) Quality Standards

(a) What are the Board's minimum recycled plastic postconsumer material quality standards for regulated trash bags? The following recycled postconsumer plastic material quality standards have been developed by the Board for regulated trash bags. The Board will make available the quality standards by December 31 of each year and they will apply for a maximum of two years. The test methods to be used by the Board to determine whether the standards are being met are included with each characteristic, whenever applicable. These minimum specifications are for the plastic RPPCM blended with a minimum of thirty percent (30%) APCM.

(1)	Moisture:	750 parts per million (ppm) maximum.
	Test Method:	ASTM D-4019-88 or equivalent method.
(2)	Contamination:	A specification mutually agreed upon by the trash bag manufacturer and supplier of RPPCM.
	Test Method:	A test method mutually agreed upon by the trash bag manufacturer and supplier of RPPCM.
(3)	Pellet uniformity:	The total number of pellets in a one gram sample must not vary more than ten percent (+/- 10%) from the average number for five samples.
	Test Method:	A simple count.
(4)	Specific gravity:	Resin must be within one percent (+/- 1%) of a specific gravity mutually agreed upon by the trash bag manufacturer and resin manufacturer.
	Test method:	ASTM D-792-91, ASTM D-1505-90 or equivalent.
(5)	Melt Index:	HDPE base resin - 0.25-0.85
		LDPE base resin - 0.25-2.5
		LLDPE base resin - 0.5-2.5, and the melt index must not vary by more than fifteen percent (+/- 15%) within a shipment, and it must be within thirty percent (+/- 30%) from shipment to shipment over the length of the contract.
	Test method:	ASTM D-1238-88, or equivalent.

The ASTM test methods D-4019-88: Standard Test Method for Moisture in Plastics By Coulometry, D-792-91: Standard Test Methods for Density and Specific Gravity (Relative Density) of Plastics By Displacement, D-1505-90: Standard Test methods for Density of Plastics by the Density-Gradient Technique, D-1238-88: Standard Test methods for Flow Rates of Thermoplastics by Extrusion Plastometer are incorporated herein by reference.

(b) Where can I find the ASTM test methods? You can find ASTM test methods in the annually updated book called Annual Book of ASTM Standards, (ASTM) Section 8, Volume 08.01, published by the American Society for Testing and Materials, 1919 Race Street, Philadelphia, PA 19103-1187, the noted sections of which are herein incorporated by reference. All ASTM tests must be performed with the most recently approved methods. The non-ASTM test methods have yet to be standardized or are self-evident.

(c) What if a mutually agreeable specification cannot be reached between buyer and seller of the RPPCM? If a mutually agreed upon specification cannot be reached in good faith, the trash bag manufacturer must purchase and use RPPCM which meets any past or present specification for RPPCM that the manufacturer has previously used to purchase material.

(d) What if an equivalent test method is mutually agreed upon between buyer and seller of RPPCM and the RPPCM for sale does not pass the test? As long as the equivalent test method was mutually agreed upon by buyer and seller, an exemption claim based upon the failure to purchase the material will be accepted and evaluated by Board staff. If, however, an equivalent lest method is not agreed upon, or problems arise with the test method after an agreement is reached, a trash bag manufacturer may not make a certification pursuant to Section 17981 based on the failure to purchase the material for which the test method was inadequate.

(e) What if a trash bag manufacturer produces its own RPPCM? If a trash bag manufacturer produces enough RPPCM to meet the RPPCM use requirement, the manufacturer may not claim an exemption. If, however, the manufacturer can produce only a portion of the RPPCM it needs to comply with the requirements of this program, the manufacturer may file a request for a exemption if the failure to meet the use requirement was due to the quality or availability of the RPPCM offered for sale.

(f) I wish to certify that I was not able to meet the regulatory requirements because the RPPCM available to me did not meet the Board's quality standards. What must I do to make this certification? For each shipment or sample of RPPCM you rejected or refused to purchase on the basis that it did not meet the Board's minimum RPPCM quality standards, it is your responsibility to document your claim. Required documentation includes all of the following, but is not solely limited to these items:

(1) The list of the suppliers of RPPCM with whom you had purchase discussions after you realized that you might not meet the regulatory requirements,

(2) Any and all specifications and test methods which were mutually agreed upon between you and your RPPCM suppliers,

(3) Independent test results, product specifications, a letter of certification, or other documentation from each supplier of RPPCM you rejected or refused to purchase on the basis that it did not meet the Board's minimum RPPCM quality standards, demonstrating that the material does not meet the quality standards,

(4) Performance of ASTM tests, identified in Section 17982(a) of this Article, may be conducted by the Board to assist you in substantiating your claim. If testing is to be done, the Board shall inform you of proper shipping and handling procedures for samples based on the provisions of the particular test to be used,

(5) A written explanation describing the circumstances leading to your decision to reject or refuse to purchase every sample or shipment of rejected or refused RPPCM, and,

(6) A written explanation from the supplier of any sample or shipment of RPPCM describing the quality of the particular material which was rejected or refused by you.

(g) Will the Board periodically review its RPPCM quality standards? Yes, the Board will review its RPPCM quality standards whenever the Board determines it is necessary. The standards will be reviewed at least once every two years until the year 2000.

Notes

Cal. Code Regs. Tit. 14, § 17982

1. New section filed 3-9-94; operative 3-9-94 (Register 94, No. 10).
2. Amendment of subsections (a)-(a)(2) and (a)(4)-(b), new subsections (c)-(e), subsection relettering, and amendment of newly designated subsections (f)-(g) and NOTE filed 3-24-95; operative 3-24-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 12).
3. Change without regulatory effect amending section heading and section filed 3-11-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).

Note: Authority cited: Sections 40502 and 42297, Public Resources Code. Reference: Sections 42291, 42295 and 42297, Public Resources Code.

1. New section filed 3-9-94; operative 3-9-94 (Register 94, No. 10).
2. Amendment of subsections (a)-(a)(2) and (a)(4)-(b), new subsections (c)-(e), subsection relettering, and amendment of newly designated subsections (f)-(g) and Note filed 3-24-95; operative 3-24-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 12).
3. Change without regulatory effect amending section heading and section filed 3-11-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).