Recyclable criteria

(a) In general The producer of a covered material shall not include— (1) a claim that the covered material is recyclable unless the covered material is considered recyclable under this Act; or (2) a qualified claim of recyclability unless the covered material meets the requirements under subsection (c). (b) Criteria A covered material shall be considered recyclable if— (1) the covered material is made in accordance with the design guidelines of the industry of the covered material, if approved by the Administrator, including— (A) the Association of Plastic Recyclers Design Guide; (B) the Recycled Materials Association Fiber Recycling Readiness Tool; (C) the Can Manufacturers Institute Steel Container Design Guide for Recyclability; (D) the American Forest and Paper Association Design Guidance for Recyclability; (E) the Glass Guide on Recycling; and (F) the Recycling Partnership Circular Packaging Assessment; (2) the covered material does not include any component, including inks and adhesives, that prevents the product from being recycled, unless the covered material includes clear, on-package instructions that describe how to remove and properly dispose of a separable component that is not recyclable; (3) the covered material is collected, separated, or otherwise recovered from the waste stream through an established recycling program for which a responsible end market exists that covers at least 60 percent of consumers or communities where the item is sold; and (4) the covered material has a commercial value for recycling and a responsible end market. (c) Qualified claims of recyclability A covered material shall be eligible for a qualified claim of recyclability if— (1) the covered material is collected, separated, or otherwise recovered from the waste stream through an established recycling program for which a responsible end market exists that covers at least 40 percent of consumers or communities where the item is sold; (2) the covered material meets the requirements described in paragraphs (1), (2), and (4) of subsection (b); (3) the qualified claim of recyclability is consistent with the standardized on-package label established under section 8(a); (4) except as provided in this subsection, the qualified claim of recyclability is made in accordance with any other requirements under this Act relating to recyclable covered materials; and (5) the Administrator has approved a plan demonstrating a reasonable and time-bound pathway for the covered material to be considered recyclable under this Act, including compliance with subsection (b)(3), not later than 2 years after the date of approval of the plan. (d) Regulations (1) In general The Administrator, in coordination with the Commission, and with consideration of the findings and recommendations of the Advisory Committee, shall issue regulations for— (A) determining whether a covered material meets the criteria described in subsection (b) or (c); and (B) describing acceptable qualified claims of recyclability that will provide clear and standardized information to consumers to allow them to determine whether the covered material is recyclable in their jurisdiction and how to recycle the covered material. (2) Requirement In carrying out paragraph (1), the Administrator, in coordination with the Commission, shall strive to issue regulations that reduce the amount of recyclable goods that are not accepted at a responsible end market. (e) Publication of covered materials Not later than 18 months after the date of enactment of this Act, and every 2 years thereafter, the Administrator shall publish a list of covered materials that meet the requirements of this section. (f) Exclusion For purposes of this Act, the conversion of a covered material into fuel, fuel ingredients, or fuel substitutes or the use of a covered material for the generation of electricity, heat, or steam shall not— (1) be considered recycling; (2) count towards the 60 percent threshold, or be considered a responsible end market, described in subsection (b)(3); or (3) count towards the 40 percent threshold, or be considered a responsible end market, described in subsection (c)(1).