PURPOSE: This rule describes procedures used to demonstrate that the target recycled content usage goals of newsprint are obtained or waived as provided in section 260.255.2, RSMo.

1. (1) Definitions. Definitions for key words used in this rule may be found in 10 CSR 80- 2.010. Additional definitions specific to this rule are as follows:

   1. (A) Average daily distribution equals the total annual distribution, divided by the number of days published during the year and is used by each newspaper publisher to determine his/her applicability to this rule;
   2. (B) Newspaper means any publication published, printed or distributed in Missouri printed on newsprint excluding supplements as defined in this rule;
   3. (C) Newspaper publisher means a person who exercises control over the newsprint used in the production of a newspaper;
   4. (D) Newsprint means uncoated paper of the type generally used for the publication of newspapers. Newsprint includes paper made from old newspapers or other post-consumer waste paper that has been processed into recycled pulp in lieu of virgin pulp and all grades of paper sold as newsprint;
   5. (E) Post-consumer waste paper means the fiber derived from paper which has been recovered from or otherwise diverted from the solid waste stream for the purpose of recycling;
   6. (F) Statement means the Recycled Content Usage Statement document, provided by the department, and submitted annually by the newspaper publishers subject to this rule;
   7. (G) Supplements mean printed materials inserted into a newspaper furnished by advertisers or other third parties and printed beyond the control of the newspaper publisher;
   8. (H) Usage means the number of short tons or metric tons of newsprint purchased during the reporting period; and
   9. (I) Waiver means a formal acknowledgment granted by the department to a newspaper publisher that has been determined exempt from meeting the target recycled content goals.
2. (2) Applicability. This rule applies to any newspaper publisher with an average daily distribution on days published during the previous year of more than fifteen thousand (15,000) copies.
3. (3) Exemptions. Newspaper publishers not required under section 351.572, RSMo to register as a foreign corporation to transact business in Missouri shall not be required to file a statement or seek a waiver from the department.

4. (4) Target Recycled Content Usage Goals. The target recycled content usage for each newspaper publisher for each year shall be—

   1. (A) 1993, ten percent (10%);
   2. (B) 1994, twenty percent (20%);
   3. (C) 1995, thirty percent (30%);
   4. (D) 1996, forty percent (40%); and
   5. (E) 2000 and subsequent years, fifty percent (50%).

5. (5) Waivers. Newspaper publishers seeking a waiver must submit a completed Recycled Content Usage Exemption form and annually provide the required documentation to the department before March 1. A waiver is only valid for one (1) calendar year. A waiver shall be granted if the department determines that a newspaper publisher has met the requirements of one (1) or more of the following stipulations:

   1. (A) Newsprint meeting the target recycled content goal was not available from at least three (3) suppliers;
   2. (B) Newsprint meeting the target recycled content goal was unavailable at a cost not greater than the cost of newsprint made from virgin material purchased during the reporting period; and 10 CSR 80-10
   3. (C) Newsprint meeting the target recycled content goal available to the newspaper publisher did not meet quality standards, as determined through the department’s review of supporting documentation.
6. (6) Certification of Usage. Each newspaper publisher subject to this rule annually shall submit before March 1, a Recycled Content Newsprint Usage Statement form certifying the total number of tons of newsprint used and the average recycled content of that newsprint during the past calendar year. The records cited in this statement are subject to audit by the department or its designated representative. Public availability of these statements are subject to Chapter 610, RSMo.

7. (7) Recordkeeping Requirements. Each newspaper publisher required to submit a statement shall maintain records of verification of target recycled content usage. All records required by this rule shall be maintained for at least three (3) years from the date of submittal. The period of record retention extends upon the written request of the department or automatically during the course of any unresolved enforcement action regarding the regulated activity. Upon request the records shall be made available for audit by the department or its designated representative. The records shall include at least the following:

   1. (A) The number of newspapers printed, published or distributed in the state listed by each publication that the newspaper publisher exercises control over;
   2. (B) Documentation from supplier certifying the recycled content of the newsprint purchased; and
   3. (C) Documentation utilized by newspaper publisher to certify waiver.
8. (8) Penalties. A newspaper publisher determined by the department to be in violation of this rule will be officially notified and subject to penalties as set forth in section 260.255, RSMo. For each day following notification until a waiver or certification is filed, the department may assess a civil penalty of not more than one hundred dollars ($100) per day for each day of the violation period.
9. (9) The department shall maintain the recycled content usage statements and shall compile a listing of recycled content suppliers/distributors to be made available upon request.

AUTHORITY: section 260.255.2, RSMo Supp. 1990.* Original rule filed Sept. 15, 1992, effective June 7, 1993. *Original authority: 260.255.2, RSMo 1990.