94-4369. Degradable Plastic Ring Rule  

  • [Federal Register Volume 59, Number 40 (Tuesday, March 1, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-4369]
    
    
    [[Page Unknown]]
    
    [Federal Register: March 1, 1994]
    
    
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    Part III
    
    
    
    
    
    Environmental Protection Agency
    
    
    
    
    
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    40 CFR Part 238
    
    
    
    Degradable Plastic Ring Carriers; Rule
    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 238
    
    [EPA/OSW-FR-93-DPRF-FFFFF; FRL-4842-2]
    RIN 2050-AD09
    
     
    
    Degradable Plastic Ring Rule
    
    AGENCY: Environmental Protection Agency, EPA.
    
    ACTION: Final rule.
    
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    SUMMARY: The Environmental Protection Agency is issuing this final rule 
    in response to ``Degradable Plastic Ring Carriers'' (Pub. L. 100-556), 
    which in general provides that EPA shall require plastic ring carriers 
    (for beverage cans) be made of degradable material. The statute 
    requires that such ring carriers must be processed from a material 
    that, in addition to allowing the ring carrier to perform its intended 
    use, degrades quickly and does not pose a greater threat to the 
    environment than nondegradable materials.
        The Agency has chosen to require ring carrier processors to test 
    their ring carriers using either a lab or an in situ test. The Agency 
    has chosen a degradability performance standard for ring carriers, 
    rather than specify a particular type of degradable plastic, to allow 
    the processors of ring carriers the flexibility to use new technology.
    
    EFFECTIVE DATE: Part 238 is effective on September 1, 1994. The 
    incorporation by reference of American Society of Testing and Materials 
    standards adopted in this rule is approved by the Director of the 
    Federal Register as of September 1, 1994 in accordance with 5 U.S.C. 
    552(a).
    
    ADDRESSES: The public record for this rulemaking (docket number F-92-
    DPRF-FFFFF) is located at the Resource Conservation and Recovery Act 
    (RCRA) Docket Information Center, (5305), U.S. Environmental Protection 
    Agency Headquarters, 401 M Street, SW., Washington, DC 20460. The 
    public docket is located at EPA Headquarters and is available for 
    viewing from 9 a.m. to 4 p.m., Monday through Friday, excluding Federal 
    holidays. Appointments may be made by calling (202) 260-9327. Copies 
    cost $0.15/page.
    
    FOR FURTHER INFORMATION CONTACT: For general information, contact the 
    RCRA/Superfund Hotline, Office of Solid Waste, U.S. Environmental 
    Protection Agency, 401 M Street SW., Washington, DC 20460, (800) 424-
    9346. In the Washington, DC metropolitan area, call (703) 412-9810. For 
    information regarding specific aspects of this notice, contact Tracy 
    Bone, Office of Solid Waste (5306), USEPA, 401 M Street SW., 
    Washington, DC, 20460, telephone (202) 260-5649.
    
    SUPPLEMENTARY INFORMATION:
    
    Preamble Outline
    
    I. Authority
    II. Background
        A. Mechanisms of Degradation
        B. Factors Affecting Degradation
        C. State Laws
        D. Other Programs and Investigations Concerning Degradable 
    Plastics
    III. Summary of the Proposed Rule
    IV. Response to Comment
        A. Definition of Terms
        B. Testing Degradation
        C. Measuring Degradation
        D. Time Limit for Degradation
        E. Preemption of State Regulations
    V. Implementation and Summary of This Final Rule
    VI. Administrative Designation and Regulatory Analysis
        A. Regulatory Impact Analysis
        B. Executive Order 12875
        C. Regulatory Flexibility Act
        D. Paperwork Reduction Act
    VII. References
    
    I. Authority
    
        The Environmental Protection Agency (EPA) is promulgating this rule 
    under the authority of sections 101, 102, and 103 of Public Law 100-556 
    (the ``Act'' or ``Statute''). Although this statute has been codified 
    in Subtitle B of the Resource Conservation and Recovery Act (42 
    U.S.C.A. 6914b and 6914b-1), it does not amend RCRA. In section 101 of 
    this law, Congress found that: (1) Nondegradable plastic ring carrier 
    devices have been found in large quantities in the marine environment; 
    (2) fish and other wildlife have become entangled in such ring 
    carriers; (3) such ring carriers can remain intact in the marine 
    environment for decades, posing a threat to fish and other marine 
    wildlife; and (4) sixteen states (as of 1988) had enacted laws 
    requiring that ring carriers be made of degradable material in order to 
    reduce litter and protect fish and wildlife. (As of 1991, eleven 
    additional states have passed laws of this kind.)
        As a result of these findings, Congress required EPA under section 
    103 of the Act to promulgate a rule that would require that plastic 
    ring carriers (as defined in section 102(1)) be made of ``naturally 
    degradable material which, when discarded, decomposes within a period 
    established by such regulation.'' 42 U.S.C. 6914b-1. The period to be 
    established under the rule for such decomposition or degradation is to 
    be ``the shortest period of time consistent with the intended use of 
    the item and the physical integrity required for such use.'' Id. 
    Section 102(2) of the Act defines ``naturally degradable material'' to 
    mean a ``material which, when discarded, will be reduced to 
    environmentally benign subunits under the action of normal 
    environmental forces, such as, among others, biological decomposition, 
    photodegradation, or hydrolysis.'' 42 U.S.C. 6914b(2). EPA, however, 
    may not require the use of a degradable ring carrier if it is not 
    ``feasible'' or if the degradable ring carriers present greater threats 
    to the environment than nondegradable ring carriers. 42 U.S.C. 6914b-1.
    
    II. Background
    
        Concern about the disposal of plastic materials dates back to the 
    early 1970s. Degradable plastics were seen by some as a solution for 
    the problems of littering, landfill capacity, and wildlife entanglement 
    and were developed for agricultural uses (mulch film, seedling pots) as 
    well as medical applications (sutures, implants).
        Renewed public concern over solid waste management and resource 
    conservation in the past few years has been met by a resurgence of 
    corporate and academic research into degradable plastics, and by the 
    commercialization of various products designed to degrade. 
    Specifically, there has been great interest in finding new degradable 
    plastics made from non-petroleum-derived materials.
    
    A. Mechanisms of Degradation
    
        Plastics are polymers (chemicals made of repeating subunits) most 
    often derived from petroleum. There are plastics derived from other 
    natural materials that have many of the same properties as petroleum-
    derived plastics and have been used to make degradable products. 
    Starch, for example, is a naturally-derived plastic that may include 
    over 10,000 linked subunits. Lactic acid is used to make surgical 
    sutures that degrade within the body after the incision has healed.
        Plastics degrade by a number of different physical and chemical 
    processes. In photodegradation, light causes physical changes that 
    cause the plastic to become brittle and crumble into small pieces. 
    Fragments may range in size from several centimeters in diameter to 
    invisible macromolecular particles. All ring carriers in use currently, 
    are made from low density polyethylene (LDPE) plastic and degrade in 
    this manner.
        Plastics also may be designed to be completely broken down and 
    assimilated into the environment. These plastics differ from those that 
    undergo photodegradation in that chemical changes occur in the 
    structure of polymer molecules, and the ultimate products are different 
    from the original plastic. This chemical breakdown and alteration may 
    be caused by one of a number of processes, including chemical reactions 
    with natural compounds (e.g., dissolution by naturally-occurring acids) 
    and biological activity (e.g., biodegradation). Degradable plastics 
    also may be designed to combine degradation processes; they may break 
    down to smaller fragments due to photodegradation and then rely on 
    biodegradation to complete the process.
        The Agency developed this rule based on data available for the 
    photodegradable petroleum-based plastic ethylene carbon monoxide (E/
    CO), currently used for ring carriers. EPA discussed, in the proposal 
    (April 7, 1993, 58 FR 18062), new plastic technology that could be used 
    to make ring carriers. EPA does not, however, have specific information 
    or data from plastic technology (other than E/CO) that can be used to 
    process ring carriers. Despite the lack of information on new 
    technology, EPA does not intend to impose any barriers to potential 
    ring carrier products.
    
    B. Factors Affecting Degradation
    
        Two key factors affecting degradation are the time required for 
    degradation and the environment in which degradation takes place. Given 
    enough time or a harsh enough environment, all materials, including 
    plastics not designed to degrade, will degrade. A meaningful definition 
    of degradability must include a time limit that is appropriate for the 
    planned use of and the ultimate method of disposal for the specific 
    degradable product.
        Environmental conditions also play a critical role in controlling 
    degradation. The rate of biodegradation is primarily determined by 
    temperature, moisture, and the presence of oxygen. For example, 
    biodegradation is very slow in municipal solid waste landfills since 
    these facilities are generally engineered to exclude water and air. In 
    desert environments, the absence of water retards biodegradation. In 
    northern climates, temperature is typically the factor that controls 
    biodegradation rates. The intensity and wavelengths of light are the 
    most important factors in determining the rate of photodegradation. 
    Light intensity and wavelength also play roles in some types of 
    biodegradation. Public Law 100-556 directs EPA to reduce the threat of 
    entanglement of marine fish and wildlife; therefore, EPA requires 
    degradation be tested under marine conditions (or equivalent laboratory 
    conditions).
    
    C. State Laws
    
        In 1977, the State of Vermont enacted the first law banning the use 
    of nondegradable ring carriers. By the end of 1991, 27 states had 
    passed legislation specifically prohibiting the sale of nondegradable 
    ring carriers. State legislation typically is written to prohibit the 
    sale of nondegradable ring carriers by retail stores. Most of these 
    states indicated that the primary purposes for adopting the legislation 
    were to promote litter reduction and to address wildlife entanglement 
    concerns. The states that have adopted legislation banning 
    nondegradable ring carriers, the dates the legislation took effect, the 
    time limit required for degradation under each state law, and allowable 
    mechanisms for degradation (as of 1992), are listed in reference 4.
    
    D. Other Programs and Investigations Concerning Degradable Plastics
    
        Reflecting the significant public and legislative interest in the 
    use of degradable plastics, a number of organizations have addressed 
    the issues related to degradable plastics in the past few years. These 
    organizations include EPA, the U.S. General Accounting Office, the 
    Congressional Office of Technology Assessment, the U.S. Food and Drug 
    Administration (FDA), the U.S. Federal Trade Commission (FTC), the 
    National Institute of Standards and Technology, the American Society 
    for Testing and Materials (ASTM), the Department of Defense, and many 
    state governments. Except for EPA, ASTM, and the Department of Defense, 
    the organizations and states addressing degradable plastics issues 
    typically are focusing more on litter and landfill capacity problems 
    than on the risk to marine mammals or on degradation in the marine 
    environment.
        The ASTM D-20 committee (Ref. 1) has developed standards for 
    testing degradable plastics under certain environmental conditions 
    (including photodegradation and composting). EPA is using two ASTM 
    tests (specifically D-5208-91 and D-3826-91) in this rule. These tests 
    are recommended by ASTM for testing photodegradable plastic film. ASTM 
    is working on a test to simulate and measure degradation under marine 
    conditions which could be used to test biodegradable ring carriers 
    under lab conditions. Because of statutory deadlines, EPA can not wait 
    for ASTM to approve that test; therefore, we have included in this rule 
    an in situ test that could be used for biodegradable ring carriers. EPA 
    may, at a future date, review this rule to consider the effect of any 
    new ASTM marine test.
    
    III. Summary of the Proposed Rule
    
        On April 7, 1993 (58 FR 18062), EPA issued a proposal in response 
    to Public Law 100-556. The Agency proposed a degradability performance 
    standard for ring carriers rather than specify a particular type of 
    degradable plastic. The proposed performance standard included the same 
    three factors in this rule's in situ test: A physical endpoint for 
    degradation, a time limit for degradation, and marine environmental 
    conditions. In the proposal, EPA referred to these factors as the 
    performance standard.
        The proposed performance standard required testing in very specific 
    marine conditions that would be more costly than the currently employed 
    lab tests. Therefore, the proposal also allowed a processor of 
    photodegradable ring carriers to use lab tests to check the degradation 
    of the ring carriers as long as the lab tests were equivalent to the 
    performance standard.
    
    IV. Response to Comment
    
        EPA received comments on the proposed rule from eighteen persons or 
    groups. This section summarizes and addresses the major comments. A 
    discussion of the remaining comments can be found in a background 
    document available in the RCRA Docket Information Center. See the 
    ``ADDRESSES'' section at the beginning of this rule for information on 
    getting a copy of the document.
    
    A. Definition of Terms
    
        In the April 7, 1993 proposed rule, EPA proposed three definitions: 
    ``5 percent elongation at break'', ``processor'' and ``ring carrier.'' 
    EPA received no comments on the definitions for ``processor'', and 
    ``ring carrier''; therefore, they remain unchanged in the final rule. 
    In response to one comment, EPA has changed the definition for 
    ``elongation at break''. In the proposed rule, EPA defined ``5 percent 
    elongation at break'' as `` * * * computed by dividing the length, at 
    break, of the material before it is tested by the length of the 
    material, at break, after it is stretched  * * * '' The commenter 
    pointed out that the proposed definition incorrectly divided the 
    original length of the plastic by the length after it has been 
    stretched. The definition found in the final rule language corrects 
    this error as well as defines the term to more closely resemble the 
    ASTM definition.
        EPA received many comments on the proposed rule's usage of terms 
    describing degradability such as: Photodegradation, biodegradation, 
    naturally-derived plastics, and synthetic plastics. The Agency defined 
    and used these terms in the preamble only for the purpose of discussing 
    the issues surrounding degradable plastics; EPA does not use any of 
    these terms in the final rule language. Therefore, regulatory 
    definitions for those terms are not necessary.
        EPA added the word ``plastic'' to the title of the regulation in 
    response to one comment. The commentor expressed concern that this rule 
    may be construed to apply to cardboard beverage carriers. EPA added 
    ``plastic'' to the title to clarify the scope of this rule as set by 
    Congress in Public Law 100-556. The definitions and requirements of 
    today's regulation are not necessarily relevant to degradable plastics 
    intended for other end uses.
    
    B. Testing Degradation
    
        After the formulation of the resin, environmental conditions are 
    the most important factors for determining the rate of degradation. For 
    example, a photodegradable plastic buried in a landfill will degrade at 
    essentially the same rate as the nondegradable formula of that plastic 
    because there is no source of light to degrade the plastic. The Statute 
    directs the Agency to protect marine wildlife. To achieve this goal, 
    the Agency proposed that ring carriers be tested for degradability by 
    being exposed, ``for 35 days, during June and July, to marine 
    conditions in a location below the latitude 26 degrees North, in 
    continental United States waters.'' The Agency proposed that the amount 
    of degradation could then be tested and measured, using ASTM D-3826-91, 
    to show 5 percent elongation at break. In addition to the in situ test 
    described above, the proposal also allowed processors of 
    photodegradable ring carriers to use lab tests to check the degradation 
    of the ring carriers (rather than a location below latitude 26 degrees 
    North) as long as the lab tests were equivalent to the in situ test. In 
    the preamble to the proposal EPA stated that, for the purpose of 
    testing a photodegradable ring carrier, a lab test following the ASTM 
    test D-5208-91 (using cycle A conditions for 250 light hours) is 
    equivalent to the in situ test and could be used by ring carrier 
    processors to meet the proposed regulation. EPA asked for comment on 
    the use of ASTM tests D-5208-91, D-3826-91 and G-26.
        Several commenters felt that the ASTM tests for exposure to UV and 
    measurement of elongation at break (ASTM D-5208-91 and D-3826-91, 
    respectively) should be required in the rule language rather than 
    referred to in the preamble and urged that the in situ test (referred 
    to in the proposal as the performance standard) should be deleted. The 
    commenters felt that the in situ test was vague and not reproducible. 
    The ASTM tests were felt to be easily implemented and reliable.
        In response to these comments, EPA decided to include the ASTM 
    tests in the final rule language as an option along with the in situ 
    test. EPA decided to not require the ASTM tests alone because of the 
    potential negative effects on future use of biodegradables or other new 
    technology. A purely biodegradable ring carrier (if one is developed) 
    could never pass these tests, which are based on UV absorption and 
    photodegradation rather than biodegradation. As a result, the final 
    rule provides that the processor of a ring carrier may choose either 
    the ASTM lab tests (ASTM D-5208-91 using cycle A conditions for 250 
    light hours and ASTM D-3826-91) or the in situ test (i.e., expose the 
    ring carrier for 35 days, during June and July, to marine conditions in 
    a location below the latitude 26 degrees North, in continental United 
    States waters to degrade the ring carrier material and then use D-3826-
    91 to test for 5 percent elongation at break).
    
    C. Measuring Degradation
    
        The rate and extent of degradation typically are assessed by 
    measuring changes in the physical properties of a material. For 
    degradable plastics, a common method used to quantify the extent of 
    degradation is to assess the ``brittleness'' of the material by 
    measuring the amount of stress that must be applied before the plastic 
    breaks. Brittleness can be measured in many ways, including tensile 
    strength and the elongation of the plastic prior to breaking.
        In the proposed rule, the Agency chose ``elongation at break'' to 
    measure degradation. There are data that show a close correlation 
    between the loss of elasticity (i.e., becomes brittle) and the rate of 
    degradation. Brittleness can be used to predict the loss of physical 
    integrity of the plastic which correlates to a reduced risk to wildlife 
    from entanglement.
        Plastic that has degraded to the point of 5 percent elongation at 
    break will stretch only 5 percent of its original length before 
    crumbling. The LDPE resin used to make ring carriers stretches readily. 
    Ring carriers made from LDPE normally can be stretched to more than 
    several hundred percent of their original length before breaking. Once 
    the plastic material has been exposed to degrading factors, the 
    material becomes more brittle and no longer can stretch very much 
    before the plastic breaks. At approximately one hundred percent 
    elongation at break, ring carriers lose their ability to function and 
    the cans fall out of the carriers (Ref. 2).
        ``Elongation at break'' is accepted by many in the scientific 
    community as an appropriate method for measuring brittleness, and 
    therefore, degradation of degradable plastics. However, some commenters 
    interested in developing new ring carrier technology (for example, a 
    biodegradable plastic ring carrier) expressed concern that elongation 
    at break may not be appropriate for the new technology. Two commenters 
    suggested the use of respirometric tests (using the evolution of carbon 
    dioxide as a measure of biodegradation) for measuring degradation of 
    biodegradable plastics. Respirometric tests are extremely complicated 
    to design and run; in order to measure the carbon dioxide evolution, 
    the experiment must be run under very controlled laboratory conditions. 
    To EPA's knowledge, a respirometric test that reflects the marine 
    environment has not been developed. None of these commenters provided 
    specific suggestions or data on how EPA can measure degradation of 
    materials other than photodegradable plastics. Therefore, EPA has 
    decided to leave the measurement of elongation at break in the final 
    regulation, but has included the in situ test as an option for any new 
    technology that may be developed.
    
    D. Time Limit for Degradation
    
        The Agency is required by the statute to establish a time limit for 
    degradation that is ``the shortest period of time consistent with the 
    intended use of the item and the physical integrity required for such 
    use.'' Although it would be ideal to set a time limit that is not 
    expected to pose any risk to marine wildlife, it is likely that some 
    risk to marine wildlife will remain because it is not technically 
    possible to design a ring carrier that degrades immediately upon 
    disposal in a marine environment, but also is strong enough for its 
    intended use (holding beverages).
        The Agency investigated whether or not the material currently being 
    used to make ring carriers, E/CO, degrades under marine conditions. EPA 
    requested, but did not receive, any information to suggest that a 
    faster time than measured in the EPA study (Ref. 3) could be achieved 
    by E/CO or any other plastic product (that can also function as a ring 
    carrier). E/CO clearly degrades when exposed to sunlight. Therefore, 
    the Agency has chosen a time limit for degradation that is based on the 
    best performance observed in actual testing of the E/CO ring carriers 
    currently in use. In a study (Ref. 3) performed by Research Triangle 
    Institute for EPA, it took 35 days for E/CO ring carriers to reach 5 
    percent elongation at break in the marine environment. The testing was 
    done during the months of June and July, off the coast of Miami, 
    Florida. The time degradable ring carriers require to degrade is a 
    fraction of the time nondegradable ring carriers were estimated to 
    remain intact; therefore, the risk to marine species from degradable 
    ring carriers will be much less than the risk posed by nondegradable 
    ring carriers.
        Some commenters felt that E/CO could not meet the requirement 
    within the proposed time period. However, EPA has data to the contrary 
    which is included in the docket to this rule (Ref. 3). Moreover, an E/
    CO processor commented that they believed E/CO could meet the proposed 
    lab tests.
        Several commenters were concerned that the performance standard 
    would inhibit the development of new technology. Commenters also felt 
    that EPA should allow a longer timeframe for biodegradable ring 
    carriers to degrade than for photodegradables because of their greater 
    environmental desirability. EPA disagrees. Although EPA understands the 
    environmental advantages of a biodegradable carrier, the Agency 
    believes that any biodegradable ring carrier must degrade as quickly as 
    E/CO so as to meet the statute's goal of protection of marine fish and 
    wildlife.
        Commenters noted that states may misunderstand that the 35 day time 
    limit hinges on testing in a warm and sunny environment. They feared 
    that states other than Florida might require the 35 day timeframe. EPA 
    realizes that a ring carrier that degrades in 35 days in Miami will 
    take longer to degrade in other parts of the country. It will also take 
    longer for a ring carrier to degrade in Miami during winter than during 
    the summer months (seasonal variation of UV is greater than geographic 
    variation).
        By establishing the in situ test in Sec. 238.30(a), the Agency does 
    not intend to require that a ring carrier degrade to 5 percent 
    elongation at break in 35 days in coastal waters everywhere in the 
    United States. For example, this rule is not requiring a ring carrier 
    be processed so that it degrades within 35 days in northern coastal 
    waters (e.g., Maine). Such a ring carrier may not be able to be 
    marketed nationally because it may degrade too quickly in the south 
    during the summer and, therefore, would not be able to perform its 
    intended function. Therefore, the Agency wishes to emphasize that the 
    in-situ test is 35 days in marine conditions in a location below the 
    latitude 26 degrees North, not 35 days in any coastal water in the 
    continental United States.
    
    E. Preemption of State Regulations
    
        Over half of the states have enacted legislation requiring the use 
    of degradable ring carriers. State requirements (Ref. 4) vary widely in 
    timeframes for degradation, definitions of plastic articles covered, 
    testing requirements, and degradation processes. EPA received four 
    comments requesting that this rule preempt State regulations concerning 
    the degradability of plastic ring carriers. Commenters expressed 
    concern that the various state standards could force the processors and 
    distributors of ring carriers to use more than one type of ring carrier 
    rather than the one ring carrier currently used nationally.
        EPA understands this concern and, in principle, agrees that one 
    degradable ring carrier should provide adequate protection for fish and 
    wildlife nationwide. However, Congress did not provide authority for 
    this rule to preempt state regulation of degradable ring carriers. Nor 
    does EPA believe Congress intended this rule to preempt more stringent 
    state and local regulations.
        The Agency does not intend to interfere with local, state, or other 
    federal programs pertaining to the regulation of degradable plastics.
    
    V. Implementation and Summary of This Final Rule
    
        In summary, today's Final Rule requires that manufacturers and 
    importers of plastic ring carriers test their ring carriers to ensure 
    that they degrade. The processor of a ring carrier may choose either 
    the ASTM lab tests (ASTM D-5208-91, using cycle A conditions for 250 
    light hours, and D-3826-91) or the in situ test (expose for 35 days, 
    during June and July, to marine conditions in a location below the 
    latitude 26 degrees North, in continental United States waters and 
    then, using D-3826-91, test for 5 percent elongation at break).
        This rule applies to both processors in the United States and also 
    to any person in the United States importing ring carriers. This rule 
    does not differentiate between ring carriers processed for use in the 
    United States and other countries because, at the time of sale to 
    beverage bottlers, the processor has no knowledge as to where the ring 
    carriers will be sold or used.
        Each ring processor and importer must determine that its ring 
    carrier meets this degradable performance standard using either of the 
    tests described in today's rule, before marketing for use the ring 
    carriers. The Agency does not intend for processors and importers of 
    ring carriers to test each shipment of ring carriers to determine if 
    they meet the performance standard; rather they should test the ring 
    carrier each time the ring carrier's formulation or processing 
    procedure changes substantially. Importers must not knowingly 
    distribute ring carriers that do not meet this performance standard and 
    they should seek assurance from the processors that the ring carriers 
    meet the performance standard. If more than one processor manufactures 
    ring carriers using the same ring carrier material and processing 
    conditions, then they do not each have to test their own ring carrier; 
    they may share the test data.
    
    VI. Administrative Designation and Regulatory Analysis
    
    A. Regulatory Impact Analysis
    
        Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), the 
    Agency must determine whether the regulatory action is ``significant'' 
    and therefore subject to the Office of Management and Budget review and 
    the requirements of the Executive Order. The Order defines 
    ``significant regulatory action'' as one that is likely to result in a 
    rule that may:
        (1) Have an annual effect on the economy of $100 million or more or 
    adversely affect in a material way the economy, a sector of the 
    economy, productivity, competition, jobs, the environment, public 
    health or safety, or State, local, or tribal governments or 
    communities;
        (2) Create a serious inconsistency or otherwise interfere with an 
    action taken or planned by another agency;
        (3) Materially alter the budgetary impact of entitlements, grants, 
    user fees, or loan programs or the rights and obligations of recipients 
    thereof; or
        (4) Raise novel legal or policy issues arising out of legal 
    mandates, the President's priorities, or the principles set forth in 
    the Executive Order.''
        It has been determined that this rule is not a ``significant 
    regulatory action'' under the terms of Executive Order 12866 and is 
    therefore not subject to OMB review because the Agency believes the 
    processors are able to meet these standards without changing current 
    technology.
    
    B. Executive Order 12875
    
        Executive Order 12875, ``Enhancing the Intergovernmental 
    Partnership'', is intended to reduce imposition of unfunded federal 
    mandates on state, local and tribal governments. This rule does not 
    impose a mandate on these governments. The requirements of this rule 
    apply solely to the plastic processors of ring carriers and do not 
    compel any action by state, local or tribal governments.
    
    C. Regulatory Flexibility Act
    
        The Regulatory Flexibility Act (5 U.S.C 601 et seq.) requires an 
    agency to prepare, and make available for public comment, a regulatory 
    flexibility analysis that describes the impact of a proposed or final 
    rule on small entities (i.e., small businesses, small organizations, 
    and small governmental jurisdictions). No regulatory flexibility 
    analysis is required if the head of an agency certifies the rule will 
    not have significant economic impact on a substantial number of small 
    entities.
        This rule will affect ring carrier processors, none of whom are 
    small entities. Small entities are not likely to enter into this market 
    because of the requirements for expensive application equipment and 
    quantities of materials. Therefore, in accordance with 5 U.S.C. 605(b), 
    I hereby certify that this rule, as promulgated, will not have a 
    significant adverse economic impact on a substantial number of small 
    entities (as defined by the Regulatory Flexibility Act).
    
    D. Paperwork Reduction Act
    
        The Agency has determined that there are no additional reporting, 
    notification, or recordkeeping provisions associated with this rule. 
    Such provisions, were they included, would be submitted for approval to 
    OMB under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
    
    VII. References
    
        (1) Narayan, Ramani. ``Development of Standards for Degradable 
    Plastics by ASTM Subcommittee D-20.96 on Environmentally Degradable 
    Plastics''. 1992.
        (2) Samaras, Peter, L. Letter to EPA, for ITW Hi-cone. August 
    31, 1992.
        (3) Research Triangle Institute. ``Weatherability of Enhanced-
    Degradable Plastics.'' Contract No. 68-02-4544. U.S. Environmental 
    Protection Agency, Cincinnati, OH. 1992.
        (4) Eastern Research Group. Current Status of State Regulations 
    Requiring Degradable Ring Carriers. March 1992.
    
    List of Subjects in 40 CFR Part 238
    
        Environmental protection, Beverage ring carrier, Biodegradation, 
    Degradable plastic, Degradability standards, Imports, Incorporation by 
    reference, Photodegradation, Ring carrier, Waste treatment and 
    disposal.
    
        Dated: February 16, 1994.
    Carol M. Browner,
    Administrator.
        For reasons set out in the preamble, title 40, chapter I, of the 
    Code of Federal Regulation is amended by adding part 238 consisting of 
    Secs. 238.10, 238.20 and 238.30 to read as follows:
    
    PART 238--DEGRADABLE PLASTIC RING CARRIERS
    
    Subpart A--General Provisions
    
    Sec.
    238.10  Purpose and applicability.
    238.20  Definitions.
    
    Subpart B--Requirements
    
    238.30  Requirement.
    
        Authority: 42 U.S.C. 6914b-1.
    
    Subpart A--General Provisions
    
    
    Sec. 238.10  Purpose and applicability.
    
        The purpose of this part is to require that plastic ring carriers 
    be made of degradable materials as described in Secs. 238.20 and 
    238.30. The requirements of this part apply to all processors and 
    importers of plastic ring carriers in the United States as defined in 
    Sec. 238.20.
    
    
    Sec. 238.20  Definitions.
    
        For the purpose of this part:
        Percent elongation at break means the percent increase in length of 
    the plastic material caused by a tensile load. Percent elongation at 
    break shall be calculated by dividing the extension at the moment of 
    rupture of the specimen by the initial gage length of the specimen and 
    multiplying by 100.
        Processor means the persons or entities that produce ring carriers 
    ready for use as beverage carriers.
        Ring carrier means any plastic ring carrier device that contains at 
    least one hole greater than 1\3/4\ inches in diameter which is made, 
    used, or designed for the purpose of packaging, transporting, or 
    carrying multipackaged cans or bottles.
    
    Subpart B--Requirement
    
    
    Sec. 238.30  Requirement.
    
        (a) No processor or person shall manufacture or import, in bulk, 
    ring carriers intended for use in the United States unless they are 
    designed and manufactured so that the ring carriers degrade to the 
    point of 5 percent elongation at break, when tested in accordance with 
    ASTM D-3826-91, ``Standard Practice for Determining Degradation End 
    Point in Degradable Polyolefins Using a Tensile Test'', after the ring 
    carrier is exposed to, either:
        (1) 250 light-hours of UV in accordance with ASTM D-5208-91,'' 
    Standard Practice for Operating Fluorescent Ultraviolet (UV) and 
    Condensation Apparatus for Exposure of Photodegradable Plastics'', 
    using cycle A; or
        (2) 35 days, during June and July, to marine conditions in a 
    location below the latitude 26 degrees North, in continental United 
    States waters.
        (b) The incorporation by reference of ASTM D-3826-91, ``Standard 
    Practice for Determining Degradation End Point in Degradable 
    Polyolefins Using a Tensile Test'', and ASTM D-5208-91, ``Standard 
    Practice for Operating Fluorescent Ultraviolet (UV) and Condensation 
    Apparatus for Exposure of Photodegradable Plastics,'' was approved by 
    the director of the Federal Register in accordance with 5 U.S.C. 552(a) 
    and 1 CFR part 51. Copies are available from the American Society of 
    Testing and Materials, 1916 Race Street, Philadelphia, PA 19103. Copies 
    may be inspected at the Resource Conservation and Recovery Act (RCRA) 
    Docket Information Center, (5305), U.S. Environmental Protection Agency 
    Headquarters, 401 M Street, SW., Washington, DC 20460 or at the Office 
    of the Federal Register, 800 North Capitol Street, NW., suite 700, 
    Washington, DC. These materials are incorporated as they exist on the 
    date of the approval and notice of any change in these materials will 
    be published in the Federal Register.
    
    [FR Doc. 94-4369 Filed 2-28-94; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Effective Date:
9/1/1994
Published:
03/01/1994
Department:
Environmental Protection Agency
Entry Type:
Uncategorized Document
Action:
Final rule.
Document Number:
94-4369
Dates:
Part 238 is effective on September 1, 1994. The incorporation by reference of American Society of Testing and Materials standards adopted in this rule is approved by the Director of the Federal Register as of September 1, 1994 in accordance with 5 U.S.C. 552(a).
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: March 1, 1994, EPA/OSW-FR-93-DPRF-FFFFF, FRL-4842-2
RINs:
2050-AD09
CFR: (3)
40 CFR 238.10
40 CFR 238.20
40 CFR 238.30