California Department of Resources Recycling and Recovery (CalRecycle)

Proposed Regulations

Rigid Plastic Packaging Container Program

Description

Revision of existing regulations to the Rigid Plastic Packaging Container (RPPC) Program.

Affected Regulatory Code Sections

Title 14, California Code of Regulations, Division 7, Chapter 4

Status

Per the Office of Administrative Law’s (OAL) Decision (PDF, 1 MB) and Notice of Disapproval (PDF, 286 KB) of the proposed revised Rigid Plastic Packaging Container (RPPC) regulations filed on February 10, 2012, staff is initiating a second 15-day public written comment period on the final changes to the proposed regulations.

The second 15-day public written comment period begins on April 13, 2012, and ends April 30, 2012.
Additionally, within the second 15-day public comment period, CalRecycle is providing the opportunity to review our complete rulemaking file, which will be available for viewing at our office.

In the second 15-day public comment period, the following documents are being noticed and made available:

  • A copy of the full text of the proposed regulations showing all the proposed changes (PDF, 1.1 MB) (including those made since the first 15-day public comment period);
  • An explanation of changes (PDF, 145 KB) made since the first 15-day public comment period;
  • An informal copy of the proposed regulations (PDF, 337 KB) without underlines and strikeouts;
  • The documents not originally noticed within the Initial Statement of Reasons, which were relied upon for the development of the proposed regulations, are listed (PDF, 331 KB). The complete rulemaking file will be available for viewing at our offices between 9:00 a.m. and 3:30 p.m. beginning April 13, 2012 and ending April 30, 2012.
  • A notice (PDF, 268 KB) that CalRecycle relied upon proprietary Rigid Plastic Packaging Container Compliance Certification Documents (“Certifications”) not available to the public.

Contact

You can contact CalRecycle's RPPC Program staff at RPPC@calrecycle.ca.gov or (916) 341-6717.

To receive electronic notices of future actions regarding the RPPC Program, please subscribe to the Plastic Collection and Recycling listserv.

Stakeholder Input

  • The Department will only accept written comments regarding the changes made for the 2nd 15-day public comment period represented with shaded italics. The department must receive written comments on the proposed changes no later than 5:00 p.m. on April 30, 2012. See the Notice (PDF, 312 KB) for details.
  • January 17, 2012 public meeting agenda (PDF, 247 KB) and notice (PDF, 254 KB). This public meeting was held to obtain the Director’s approval of the Negative Declaration and the final draft of the proposed revised regulations. See the presentation (PDF, 363 KB), handouts and transcript (PDF, 364 KB). A copy of the Negative Declaration and final draft of the proposed revised regulations and informal copies are posted in the Rulemaking Documents and Additional Documents sections below. The Director reviewed and approved both the Negative Declaration and the Proposed Revised Rigid Plastic Packaging Container Regulations and signed copies of the staff’s Request for Approvals (RFA) for the Adoption of Negative Declaration (PDF, 498 KB) and Proposed Adoption of Revision to the Rigid Plastic Packaging Container (RPPC) Regulation (PDF, 1.6 MB). The Director then directed staff to prepare the full regulatory package and submit it to the Office of Administrative Law by the one year deadline for the regulatory process.
  • October 5, 2011 public workshop agenda (PDF, 111 KB) and notice (Word, 38 KB). This public workshop was being held to present the latest proposed revisions to the regulations and to allow interested stakeholders to comment. See the presentation (PDF, 464 KB), handout and transcript for more information.
  • June 22, 2011 public workshop agenda (PDF, 210 KB). This public workshop was held to allow interested stakeholders to comment on the proposed revisions to the waiver process, penalties, and definitions. See the handouts and transcript for more information.
  • June 8, 2011 public workshop agenda (PDF, 229 KB). This public workshop was held to allow interested stakeholders to comment on the additional proposed revisions to the definitions of Postconsumer Material and Rigid Plastic Packaging Container, the certification process timeline, compliance and penalty calculations, and resin switching. See the handouts and transcript for more information.
  • May 17, 2011 public workshop agenda (Word,  36 KB). This public workshop was held to allow interested stakeholders to comment on the proposed revisions to the definitions of Postconsumer Material and Rigid Plastic Packaging Container. See the handouts and transcript for more information.
  • April 8, 2011 Notice of Public Workshop (Word, 213 KB). A public workshop (Word, 120 KB) was held on April 8, 2011 to allow interested stakeholders to comment on the Economic and Fiscal Impact Analysis and Post-industrial versus Postconsumer plastic; The workshop was broadcast live through the Go-To-Meeting service. Stakeholders participating via the Go-To-Meeting service were given the chance to submit questions or respond to comments via its chat function.
  • Economic and Fiscal Impact Analysis Presentation (PDF, 5.1 MB). In accordance with the Office of Administrative Law requirements, a study was conducted to determine whether the proposed changes within the regulations have a significant fiscal impact within the affected California industry. This presentation presents a summary of this study.
  • Post-Industrial versus Postconsumer Plastic Presentation (PDF, 471 KB). This presentation provides an overview summary of the terms. The presentation also provides a summary of the perspectives interested parties have with regards to crediting the use of post-industrial plastic to meet the postconsumer compliance option.
  • Written and oral comments were submitted during the initial 45-day comment period as outlined in the Notice of Proposed Rulemaking (Word, 62 KB) of February 2011. The deadline for written comments was March 28, 2011. The public hearing to receive oral comments was held on April 8, 2011.
  • Economic Survey: Conducted during October and November 2008 to solicit information from stakeholders on the economic impact of the revised regulations.
  • Rulemaking Status Update: Sent on September 19, 2008, to all members of CalRecycle's Plastic automated distribution listserv.

Rulemaking Documents

  • Proposed Revised Text, Revised Final Draft version (PDF, 1.1 MB), April 13, 2012. The proposed text reflects all revisions made during the rulemaking process, including the final edits made since the first 15-day public comment period. An informal copy without underlines and strikeouts is in the “Additional Documents” section.
  • Notice of Proposed Rulemaking (PDF, 312 KB), April 13, 2012. Public notice of the second 15-day public comment period.
  • Final Statement of Reasons (PDF, 1.2 MB), February 10, 2012. A final statement of the specific purpose and rationale for the proposed changes to the program regulations.
  • Proposed Revised Text, Final Draft version (PDF, 548 KB), January 17, 2012. The proposed revised text reflects all revisions made with single underlines and strikeouts. An informal copy with the last, non-substantive changes also shaded is in the “Additional Documents” section, as is an informal copy without underlines and strikeouts.
  • Notice of Proposed Rulemaking (PDF, 121 KB), October 31, 2011. Public notice of the 15-day comment period.
  • Proposed Revised Text, 15-day comment version (PDF, 744 KB), October 31 2011. The proposed revised text for the 15-day comment period reflects revisions made pursuant to comments received during the second 45-day comment period and workshop. Note: Deletions and additions are shown with underlines and strikeouts, but for readers’ convenience an informal copy without underlines and strikeouts is in the “Additional Documents” section.
  • Notice of Proposed Rulemaking (PDF, 268 KB), July 29, 2011. Public notice of the second 45-day comment period.
  • Proposed Revised Text, 2nd 45-day comment version (PDF, 735 KB), July 29, 2011. The proposed revised text for the second 45-day comment period reflects revisions made by staff pursuant to comments received during the first comment period, public hearing and public workshops. Note: Deletions and additions are shown with underlines and strikeouts, but for readers’ convenience an informal copy without underlines and strikeouts is in the “Additional Documents” section.
  • Public Hearing Comments (Word, 89 KB), April 8, 2011. Transcript of the oral comments received at this public hearing.
  • Notice of Proposed Rulemaking (Word, 62 KB), February 2011. Public notice of the initial 45-day comment period.
  • Initial Statement of Reasons (Word, 677 KB), February 2011. A statement of the specific purpose and rationale for the proposed changes to the program regulations
  • Proposed Revised Text, 45-day comment version (Word, 452 KB), February 2011. The language within the proposed revised text for the 45-day comment period reflects revisions that were directed by the Permitting and Compliance Committee of the California Integrated Waste Management Board and the Acting Director of CalRecycle. The first revision is related to the use of the term "Board." Since the California Integrated Waste Management Board (Board) was eliminated and succeeded by the Department of Resources Recycling and Recovery (Department) (Chapter 21, Statutes of 2009 (Strickland, SB 63)), the term "Board" has been replaced with the term "Department." The second set of revisions reflects the changes that were directed to be made by the Permitting and Compliance Committee during its November 5, 2007 meeting. These changes include eliminating source reduction through resin switching as a compliance option throughout the regulations, and clarifying alternative container compliance methods is available only to entities contracting with companies under the same corporate ownership. Note: Deletions and additions are shown with underlines and strikeouts, but for readers’ convenience an informal copy without underlines and strikeouts is in the “Additional Documents” section.
  • Proposed Revised Text (Word, 434 KB), January 2011. Proposed regulatory text as directed to be revised by the Permitting and Compliance Committee on November 5, 2007. This proposed revised text reflects the changes that were directed to be made to Section 17943: Definitions, “Material Type” and “Source Reduction,” as well as clarifying Section 17944.1(b): Alternative Container Compliance Methods which makes clear this compliance option is available only to those entities contracting with companies under the same corporate ownership. Additionally, changes were made to Product Manufacturer Certification Information for Source Reduction Compliance Based on Reduced Weight (Section 17945.3 (c)(2)) to ensure consistency with the Committee direction throughout the rulemaking package.
  • Proposed Text, Initial Draft (Word, 482 KB), November 2007: Proposed regulatory text as submitted to the Permitting and Compliance Committee on November 5, 2007. Based on discussions at the Committee meeting changes were subsequently made to Section 17943 Definitions, "Material Type" and "Source Reduction" as well as clarifying in Section 17944.1(b) that the contractual agreement pertains to a contract with any company under the same corporate ownership.
  • Responses to Comments (Word, 240 KB), November 2007. Staff responses to comments received during the informal process.

Additional Documents

More Information

Visit CalRecycle's web page about California's Rigid Plastic Packaging Container (RPPC) Law for more details.

Rulemaking History

In March 2007 the Board directed staff to convene an advisory group of interested parties for the purpose of amending the RPPC regulations. Proposed changes were discussed in June 2007, at the RPPC Informal Rulemaking Workshop and Interested Parties Meeting. (Information and documents related to a previous effort that CIWMB staff initiated in 2005 but that was suspended are also available.)

At the November 5, 2007, Permitting and Compliance Committee meeting (Agenda Item 6 posted on the November 13, 2007, meeting agenda), the Committee directed staff to notice the proposed changes to the RPPC regulations with OAL. Based on discussions at the Committee meeting changes will be made to Section 17943 Definitions, “Material Type” and “Source Reduction” as well as clarifying in Section 17944.1(b) that the contractual agreement pertains to a contract with any company under the same corporate ownership.

From October 10, 2008 through November 14, 2008, the California Integrated Waste Management Board (CIWMB, now CalRecycle) conducted an on-line Economic Impact Survey for the businesses that would be impacted by the proposed revisions to the regulations. There were three surveys for the different areas within the industry: Product Manufacturers, Container Manufacturers, and Material Recovery Facilities.

February 11, 2011- March 28, 2011 was the first formal 45–day public comment period. The Notice of Proposed Rulemaking (Word, 62 KB) concerning the Rigid Plastic Packaging Containers (RPPC) proposed regulations was published in the California Regulatory Notice Register (February 11, 2011 publication date). The comment period closed at 5:00 p.m. on March 28, 2011.

On April 8, 2011 (PDF, 577 KB), a public hearing was held ending the first formal 45-day public comment period. Department staff noted oral comments (transcripts included in the Additional Documents section above) heard at the public hearing and accepted written comments received during the comment period.

At the public hearing, eleven (11) speakers commented on the proposed RPPC regulations. In addition, Department staff identified some corrections to incorporate into the proposed revised regulations. Following the public hearing, the Department held a public workshop to discuss:

  • The Economic and Fiscal Impact Analysis that was completed as part of the RPPC rulemaking;
  • Presented and discussed post-industrial versus postconsumer plastic; and
  • Concluded with a discussion of potential topics for future workshops. Based on input from the stakeholders present, an additional workshop was scheduled for May 17, 2011.

On May 17, 2011 a public workshop (Word, 32 KB) was held to discuss portions of the proposed revised RPPC regulations. The presentation (PDF, 841 KB) that was given, the handouts used at the workshop and a transcript of the discussion are available in the Stakeholder Input and Additional Documents sections of this page.

On June 8, 2011 another public workshop (PDF, 229 KB) was held to discuss portions of the proposed revised RPPC regulations. The presentations that were given, the handouts used at the workshop and a transcript of the discussion are available in the Stakeholder Input and Additional Documents sections of this page.

On June 22, 2011 another public workshop (PDF, 210 KB) was held to discuss additional portions of the proposed revised RPPC regulations. The presentation, handouts and transcript are available in the Stakeholder Input and Additional Documents sections of this page.

July 29-September 15, 2011 was the second 45-day public comment period. The Notice of Proposed Rulemaking (PDF, 268 KB) was published July 29, 2011 and the comment period ended at 5:00 p.m. on September 15, 2011.

On October 5, 2011, a public workshop (PDF, 111 KB) was held to discuss additional draft changes to the proposed revised RPPC regulations. A handout and transcript is available in the Stakeholder Input and Additional Documents sections of this page.

October 31-November 15, 2011 was the 15-day public comment period. The Notice of Proposed Rulemaking (PDF, 121 KB) was published October 31, 2011 and the comment period ended at 5:00 p.m. on November 15, 2011.

November 4-December 5, 2011 was the public comment period for CEQA. The Notice of Intent to Adopt a Negative Declaration (PDF, 218 KB) was published November 4, 2011 and the comment period ended at 5:00 p.m. on December 5, 2011. Only one comment was received which agreed with staff’s analysis and urged CalRecycle to adopt the Negative Declaration.

At the CalRecycle January 17, 2012 Public Meeting  (PDF, 254 KB), the Director reviewed and approved both the Negative Declaration and the Proposed Revised Rigid Plastic Packaging Container Regulations and signed copies of the staff’s Request for Approvals (RFA) for the Adoption of Negative Declaration (PDF, 498 KB) and Proposed Adoption of Revision to the Rigid Plastic Packaging Container (RPPC) Regulation (PDF, 1.6 MB). The Director then directed staff to prepare the full regulatory package and submit it to the Office of Administrative Law by the one year deadline for the regulatory process.

On Feburary 10, 2012, CalRecycle submitted the final proposed revised Rigid Plastic Packaging Container regulations rulemaking file to the Office Administrative Law (OAL). The associated documents are available in the Rulemaking Documents and the Additional Documents sections of this page.

On March 12, 2012, the Office of Administrative Law (OAL) provided Notice of Disapproval of Regulatory Action (PDF, 286 KB).

On March 16, 2012, the Office of Administrative Law (OAL) provided a Decision of Disapproval of Regulatory Action (PDF, 1 MB). Through this decision OAL provided CalRecycle the option to resubmit the regulation within 120 calendar days.  

Last updated: April 13, 2012
Proposed Regulations http://www.calrecycle.ca.gov/Laws/Rulemaking/
Legal Office: Dona.Sturgess@calrecycle.ca.gov (916) 341-6066