Current through Register Vol. 50, No. 9, March 1, 2024
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
45A.520 requires the Finance and
Administration Cabinet to promulgate administrative regulations establishing a
minimum recycled material content to be used by every state agency when
purchasing goods, supplies, equipment, materials, and printing.
KRS
45A.520 further provides that if the United
States Environmental Protection Agency has established a minimum recycled
content for certain products, then the Finance and Administration Cabinet shall
adopt at a minimum, those standards established by the United States
Environmental Protection Agency pursuant to the Resource Conservation and
Recovery Act of 1976, as amended. This administrative regulation establishes
requirements concerning recycled material content.
Section 1. Definitions.
(1) "Mill broke" means any paper generated in
a paper mill prior to completion of the paper manufacturing process which is
unsuitable for end use applications and is subsequently reused in the paper
manufacturing process.
(2)
"Postconsumer waste" means products or materials which have been discarded by a
consumer.
(3) "Recovered fly ash"
means the component of coal which results from the combustion of coal, and is
the finely divided mineral residue which is typically collected from boiler
stack gases by electrostatic precipitator or mechanical collection
devices.
(4) "Recovered material"
means those materials which have been separated, diverted or removed from the
solid waste stream after a manufacturing process.
(5) "Recovered paper material" means paper
products and paper byproducts which, if not recovered, would otherwise be solid
waste, and which are intended for sale, use, reuse, or recycling, whether such
materials or byproducts require subsequent separation and processing, excluding
the virgin content of mill broke and sawdust.
(6) "Re-refined oil" means used oils from
which the physical and chemical contaminants acquired through previous use have
been removed through a refining process.
(7) "Solid waste stream" means a path of
discarded material from point of origin to ultimate disposition.
(8) "State agency" is defined by
KRS
45A.505.
Section 2. Minimum Recycled Content for State
Agency Purchases. Except as provided under
KRS
45A.510, any goods, supplies, equipment,
materials and printing purchased by a state agency shall contain the following
minimum recycled content:
(1) Xerographic
paper (all sizes and colors) shall contain fifty (50) percent recovered paper
material of which ten (10) percent shall be postconsumer waste.
(2) Carbonless printing paper (all sizes and
colors) shall contain thirty (30) percent recovered paper material.
(3) Flat sheet printing papers.
(a) Paper, offset and opaque (all sizes and
colors) shall contain fifty (50) percent recovered paper material of which ten
(10) percent shall be postconsumer waste.
(b) Paper, text (all sizes and colors) shall
contain fifty (50) percent recovered paper material of which ten (10) percent
shall be postconsumer waste.
(c)
Paper, parchtex (all sizes and colors) shall contain fifty (50) percent
recovered paper material of which fifteen (15) percent shall be postconsumer
waste.
(d) Paper, cover, antique or
wove or text (all sizes and colors) shall contain fifty (50) percent recovered
paper material of which ten (10) percent shall be postconsumer waste.
(e) Paper, index (all sizes and colors) shall
contain fifty (50) percent recovered paper material of which twenty (20)
percent shall be postconsumer waste.
(4) Business papers.
(a) Paper, mimeographic (all sizes and
colors) shall contain fifty (50) percent recovered paper material of which ten
(10) percent shall be postconsumer waste.
(b) Paper, spirit process (all sizes and
colors) shall contain fifty (50) percent recovered paper material of which ten
(10) percent shall be postconsumer waste.
(c) Paper, rag bond (all sizes) shall contain
fifty (50) percent recovered paper material of which ten (10) percent shall be
postconsumer waste.
(d) Paper,
sulfite bond (all sizes and colors) shall contain fifty (50) percent recovered
paper material of which ten (10) percent shall be postconsumer waste.
(5) Computer paper.
(a) Continuous stock paper, carbon
interleaved (all sizes and colors) shall contain fifty (50) percent recovered
paper material of which ten (10) percent is postconsumer waste.
(b) Continuous stock paper, plain (all sizes
and colors) shall contain fifty (50) percent recovered paper material of which
ten (10) percent shall be postconsumer waste.
(6) Miscellaneous office supplies.
(a) Blotters, desk (all sizes and colors)
shall contain fifty (50) percent recovered paper material of which ten (10)
percent shall be postconsumer waste.
(b) Calendars (all types, sizes and colors)
shall contain fifty (50) percent recovered paper material of which ten (10)
percent shall be postconsumer waste.
(c) File pockets (all types, sizes and
colors) shall contain fifty (50) percent recovered paper material of which ten
(10) percent shall be postconsumer waste.
(d) Notebook filler (all types, sizes and
colors) shall contain fifty (50) percent recovered paper material of which ten
(10) percent shall be postconsumer waste.
(e) Angular heavy celluloid tab folder (all
types, sizes and colors) shall contain fifty (50) percent recovered paper
material of which thirty (30) percent shall be postconsumer waste.
(f) File folder (all types, sizes and colors)
shall contain fifty (50) percent recovered paper material of which thirty (30)
percent shall be postconsumer waste.
(g) Hanging folder (all types, sizes and
colors) shall contain fifty (50) percent recovered paper material of which
thirty (30) percent shall be postconsumer waste.
(h) Open shelf file folder (all types, sizes
and colors) shall contain fifty (50) percent recovered paper material of which
thirty (30) percent shall be postconsumer waste.
(i) Top tab folder (all types, sizes and
colors) shall contain fifty (50) percent recovered paper material of which
thirty (30) percent shall be postconsumer waste.
(j) Two (2) inch expansion bottom gusset
folder (all types, sizes and colors) shall contain fifty (50) percent recovered
paper material of which thirty (30) percent shall be postconsumer
waste.
(k) Twenty-five (25) point
classification folder (all types, sizes and colors) shall contain fifty (50)
percent recovered paper material of which thirty (30) percent shall be
postconsumer waste.
(l) Guides,
index monthly (all types, sizes and colors) shall contain fifty (50) percent
recovered paper material of which ten (10) percent shall be postconsumer
waste.
(m) Indexes, alphabetical
(all types, sizes and colors) shall contain fifty (50) percent recovered paper
material of which twenty (20) percent shall be postconsumer waste.
(n) Mailing tubes (all types, sizes and
colors) shall contain fifty (50) percent recovered paper material of which ten
(10) percent is postconsumer waste.
(o) Memo books (all types, sizes and colors)
shall contain fifty (50) percent recovered paper material of which ten (10)
percent shall be postconsumer waste.
(p) Memo case (all types, sizes and colors)
shall contain fifty (50) percent recovered paper material of which ten (10)
percent is postconsumer waste.
(q)
Memo sheets (all types, sizes and colors) shall contain fifty (50) percent
recovered paper material of which ten (10) percent shall be postconsumer
waste.
(r) Notebooks, three (3)
hole punched (all types, sizes and colors) shall contain fifty (50) percent
recovered paper material of which ten (10) percent shall be postconsumer
waste.
(s) Notebooks, stenographic
(all types, sizes and colors) shall contain fifty (50) percent recovered paper
material of which ten (10) percent shall be postconsumer waste.
(t) Fan folded notes (all types, sizes and
colors) shall contain fifty (50) percent recovered paper material of which ten
(10) percent shall be postconsumer waste.
(u) Columnar green pads (all types and sizes)
shall contain fifty (50) percent recovered paper material of which ten (10)
percent shall be postconsumer waste.
(v) Desk pads (all types, sizes and colors)
shall contain fifty (50) percent recovered paper material of which ten (10)
percent shall be postconsumer waste.
(w) Scratch pads (all types, sizes and
colors) shall contain fifty (50) percent recovered paper material of which ten
(10) percent shall be postconsumer material.
(x) Adding machine paper (all types, sizes
and colors) shall contain fifty (50) percent recovered paper material of which
ten (10) percent shall be postconsumer waste.
(y) Tablets (all types, sizes and colors)
shall contain fifty (50) percent recovered paper material of which ten (10)
percent shall be postconsumer waste.
(z) Tags, shipping (all types, sizes and
colors) shall contain fifty (50) percent recovered paper material of which ten
(10) percent shall be postconsumer waste.
(aa) Wallet, elastic cord (all types, sizes
and colors) shall contain fifty (50) percent recovered paper material of which
ten (10) percent shall be postconsumer waste.
(bb) Wallet, expanding, string tie (all
types, sizes and colors) shall contain fifty (50) percent recovered paper
material of which ten (10) percent shall be postconsumer waste.
(cc) Legal pads, legal (all types, all sizes,
all colors) shall contain fifty (50) percent recovered paper material of which
ten (10) percent shall be postconsumer waste.
(dd) Telephone message pads (all types, sizes
and colors) shall contain fifty (50) percent recovered paper material of which
ten (10) percent shall be postconsumer waste.
(7) Toilet tissue shall contain fifty (50)
percent recovered paper material of which twenty (20) percent shall be
postconsumer waste.
(8) Paper
towels shall contain fifty (50) percent recovered paper material of which forty
(40) percent shall be postconsumer waste.
(9) Napkins shall contain fifty (50) percent
recovered paper material of which thirty (30) percent shall be postconsumer
waste.
(10) Industrial wipes shall
contain fifty (50) percent recovered paper material of which forty (40) percent
shall be postconsumer waste.
(11)
Building insulation.
(a) Cellulose loose-fill
and spray-on shall contain seventy-five (75) percent postconsumer
waste.
(b) Product shall contain
Perlite composite board twenty-three (23) percent postconsumer waste.
(c) Plastic rigid foam.
1. Polyisocyanurate/polyurethane shall
contain the following:
a. Rigid foam: nine (9)
percent recovered material.
b.
Foam-in-place: five (5) percent recovered material.
c. Glass fiber reinforcer: six (6) percent
recovered material.
2.
Phenolic rigid foam shall contain five (5) percent recovered
material.
(d) Rock wool
shall contain seventy-five (75) percent recovered material.
(12) Engine lubricating oils shall
contain twenty-five (25) percent re-refined oil.
(13) Hydraulic fluid shall contain
twenty-five (25) percent re-refined oil.
(14) Gear oils shall contain twenty-five (25)
percent re-refined oil.
(15)
Plastic sign blanks shall contain 100 percent postconsumer waste.
(16) Envelopes (all types, sizes and colors)
shall contain fifty (50) percent recovered material.
(17) Doilies (all types, sizes and colors)
shall contain fifty (50) percent postconsumer waste.
(18) Corrugated boxes (all types and sizes)
shall contain thirty-five (35) percent postconsumer waste.
(19) Fiber boxes (all types and sizes) shall
contain forty (40) percent postconsumer waste.
(20) Recycled paperboard (all types and
sizes) shall contain eighty (80) percent postconsumer waste.
(21) Brown papers (all types and sizes) shall
contain five (5) percent postconsumer waste.
(22) Pad backing (all types and sizes) shall
contain ninety (90) percent postconsumer waste.
(23) Aluminum bars shall contain twelve (12)
percent recovered material.
(24)
Aluminum bolts and nuts shall contain twelve (12) percent recovered
material.
(25) Aluminum channels
shall contain twelve (12) percent recovered material.
(26) Aluminum handrail post shall contain
twelve (12) percent recovered material.
(27) Aluminum sign blanks shall contain
twelve (12) percent recovered material.
(28) Aluminum sign panels shall contain
twelve (12) percent recovered material.
(29) Aluminum pipe shall contain twelve (12)
percent recovered material.
(30)
Hot-mix asphalt shall contain ten (10) percent postconsumer waste or recovered
material.
(31) Cement shall contain
five (5) percent replacement of cement by weight with recovered fly
ash.
(32) Concrete cribbing shall
contain five (5) percent replacement of cement by weight with recovered fly
ash.
(33) Gabionss shall contain
ten (10) percent postconsumer waste or recovered material.
(34) Glass beads shall contain fifty (50)
percent postconsumer waste.
(35)
Guardrail, guardrail post, and component parts shall contain twenty (20)
percent postcon-sumer waste or recovered material.
(36) Metal bridge planks shall contain ten
(10) percent postconsumer waste or recovered material.
(37) Metal pipe shall contain ten (10)
percent postconsumer waste or recovered material.
(38) Ready-mix concrete shall contain five
(5) percent replacement of cement by weight with recovered fly ash.
(39) Reflective powder shall contain fifty
(50) percent postconsumer waste.
(40) Slag (boiler) shall contain 100 percent
postconsumer waste or recovered material.
(41) Sign brackets shall contain ten (10)
percent postconsumer waste or recovered material.
(42) Steel cribbing shall contain ten (10)
percent postconsumer waste or recovered material.
(43) Steel piling shall contain ten (10)
percent postconsumer waste or recovered material.
(44) Steel post, sign and delineator shall
contain ten (10) percent postconsumer waste or recovered material.
(45) Steel, open grid flooring shall contain
ten (10) percent postconsumer waste or recovered material.
(46) Railroad rails shall contain 100 percent
postconsumer waste or recovered material.