California Integrated Waste Management Board 1 California Integrated Waste Management Board Meeting Agenda Item 1 Michael Leaon November 15-16, 2005

California Integrated Waste Management Board 2 California Integrated Waste Management Board Meeting Consideration of Requests by Plastic Trash Bag Manufacturers for Exemption for Inability to Obtain Sufficient Quality or Quantities of Recycled Post Consumer Material to Demonstrate Compliance for the 2004 Reporting Period for: Glad Products and Pactiv Corporation (Public Resources Code Section (d)) November 15-16, 2005 Michael Leaon Agenda Item 1 (Revised)

California Integrated Waste Management Board 3 Plastic Trash Bag Law: Manufacturer Compliance Options  10 Percent in Regulated Trash Bags, or  30 Percent in All Plastic Products OR  Demonstrate Insufficient Quantity or Quality of Post Consumer Material (PCM) Agenda Item 1 (Revised) 2004 PTB Exemption Requests

California Integrated Waste Management Board 4 Agenda Item PTB Exemption Requests Compliance Demonstrated Through Annual Board Certifications Compliant manufacturers published on the Board’s web site. Non-compliant manufacturers and wholesalers also published. –Prohibited from contracting with the State for the provision of any good or service.

California Integrated Waste Management Board 5 Exemption Criteria Agenda Item PTB Exemption Requests 1. Reasonable Efforts in 2004, 2. Resin Supplier Discussions, 3. PCM Specs and Detailed Test Methods, 4. Independent Test Results, Product Specs, Certification Letter, or Other Documentation, 5. ASTM tests - Regulations: Section 17982a, 6. Explain Each Rejected/ Refused Sample

California Integrated Waste Management Board 6 Exemption Requests Under Consideration Today: Glad Manufacturing Pactiv Corp. Agenda Item 1 (Revised) 2004 PTB Exemption Requests

California Integrated Waste Management Board 7 Board Options Option 1 – Disapprove Option 2 – Conditional Approval Option 3 - Approve Option 4 - Take No Action Option 5 – Further Direction Agenda Item 1 (Revised) 2004 PTB Exemption Requests

California Integrated Waste Management Board Exemption requests heard in August & October –Staff recommended disapproval Conditional approval option proposed by Staff – October 17 meeting – Pactiv and Glad agree to conditions Agenda Item 1 (Revised) 2004 PTB Exemption Requests

California Integrated Waste Management Board 9 Conditions Agreed Upon:  Submit Quarterly reports  Meet with Staff Quarterly  2005 Monthly Reports (Nov & Dec)  Continue to support Board Workshops/ Meetings Agenda Item 1 (Revised) 2004 PTB Exemption Requests

California Integrated Waste Management Board 10 Approve Resolutions: (Revised) for Glad Manufacturing (Revised) for Pactiv Corporation Agenda Item 1 (Revised) 2004 PTB Exemption Requests Staff Recommends OPTION 2 (Revised):

Agenda Item 1 (Revised) 2004 PTB Exemption Requests

California Integrated Waste Management Board 12 PCM Use Verses Availability  PCM To meet 10% for 5 Manufacturers 4,784 – 1,506 used = 3,278 Tons Needed  Film Recycling rate < 5%  Film Disposal = 1,747,659 tons/year  PCM Supplier Capacity & Upgrades Agenda Item 1 (Revised) 2004 PTB Exemption Requests

California Integrated Waste Management Board 13 Agenda Item 1 (Revised) 2004 PTB Exemption Requests Glad’s PCM Use Year PCM Tons PCM % Mfg Tons of Bags , , , ,122

California Integrated Waste Management Board 14 Pactiv’s PCM Use YearPCM Tons PCM % MFG Tons of Bags , , , ,349 Agenda Item 1 (Revised) 2004 PTB Exemption Requests