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C. Toner Cartridges
1. Background
In the CPG, the Agency proposed designating remanufactured toner cartridges (59 FR
18879i April 20, 1994). Toner cartridges are defined as toner cartridges used in laser
printers, photocopiers, facsimile machines, or microphotographic printers. Remanufactured
toner cartridges are further defined as toner cartridges that have been remanufactured in
accordance with the procedures set forth in GSA's Standard Procedure FCG-STD-111.
At proposal, EPA provided information regarding the recycled toner cartridge
preference provision set forth in 42 U.S.C. 6962j. Section 1554 of the Federal Acquisition
Streamlining Act of 1994 (FASA) (Pub. L. 103-355) repealed this provision, removing any
reference to procurement of toner cartridges from RCRA.
2. Summary of Comments and Agency's Response
EPA received several comments on the proposed designation of remanufactured toner
cartridges. In general, these comments felt into four categories: scope of designation,
product quality, actions of Congress, and disposition of expended cartridges.
a. Scope of designation. Two commenters contested EPA's designation of
remanufactured toner cartridges, citing RCRA section 6002(e)(1) and Executive Order 12873
as requiring EPA to designate items made with `recovered," not "remanufactured" materials.
The commenters further stated that, should EPA proceed with its designation of
remanufactured toner cartridges, it should expand the designation to include replacement
toner cartridges made from recovered materials as well.
EPA believes that the designation of remanufactured toner cartridges is consistent
with the directives contained in RCRA section 6002 and Executive Order 12873. EPA
believes that the reuse of materials in remanufacturing operations falls within the statutory
definition of "recovered materials" in that these are materials `which have been recovered or
diverted from solid waste, but . . . not generated from, and commonly reused within, an
original manufacturing process." Additionally, in 1988, the Agency designated retread tires
as a guideline item (53 FR 46558, November 17, 1988). Retread tires are also
remanufactured items.
EPA now has information that toner cartridges made with recovered materials are
available for purchase Thus, EPA agrees with the commenters that it is appropriate at this
time to designate toner cartridges made with recovered materials as welt as remanufactured
toner cartridges. Therefore, the Agency has changed its designation from remanufactured
toner cartridges' to "toner cartridges" to include replacement cartridges made with recovered
materials.
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