Wednesday
April 20, 1994
Part III
Environmental
Protection Agency
40 CFR Part 247, et al.
Comprehensive Guideline for
Procurement of Products Containing
Recovered Materials and Issuance of a
Draft Recovered Materials Advisory
Notice; Proposed Rule and Notice
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18852 Federal Register / Vol. 59, No. 76 / Wednesday, April 20, 1994 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 247,248,249,250,252,
and 253
[FRL-4875-6]
RIN 2050-AE16
Comprehensive Guideline for
Procurement of Products Containing
Recovered Materials
AGENCY: Environmental Protection
Agency.
ACTION: Proposed rule.
SUMMARY: The Environmental Protection
Agency (EPA) today is proposing a
Comprehensive Procurement Guideline
designating items that are or can be
made with recovered materials. The
Comprehensive Procurement Guideh'ne
implements section 6002(e) of the
Resource Conservation and Recovery
Act (RCRA), as amended by the
Hazardous and Solid Waste
Amendments of 1984, and section 502
of Executive Order 12873. RCRA section
6002 requires EPA to designate items
that are or can be produced with
recovered materials and to recommend
practices for the procurement of
designated items by procuring agencies.
Executive Order 12873 sets forth
procedures for EPA to follow in
implementing section 6002(e) of RCRA.
The Executive Order requires EPA to
designate items in a Comprehensive
Procurement Guideline and to
recommend procurement practices in a
related Recovered Materials Advisory
Notice. Once EPA designates an item,
RCRA section 6002 requires any
procuring agency using appropriated
Federal funds to procure that item to
purchase it with the highest percentage
of recovered materials practicable. In
addition to designating new items, the
Comprehensive Procurement Guideline
incorporates and reorganizes the five
procurement guidelines previously
issued by EPA. These guidelines are:
paper and paper products, re-refined
lubricating oil, retread tires, building
insulation, and cement and concrete.
Today's proposed action will foster
markets for materials recovered from
solid waste by using government
purchasing power to stimulate use of
these materials in the manufacture of
new products.
DATES: EPA will accept public
comments on this proposed rule until
June 20,1994.
ADDRESSES: The public must send an
original and two copies of their
comments to: RCRA Information Center
(5305), U.S. Environmental Protection
Agency, 401 M Street, SW., Washington,
DC 20460.
Please place the docket number (F—
94-PRMP-FFFFF) on your comments.
If any information is confidential, it
should be identified as such. An
original and two copies of Confidential
Business Information (CBI) must be
submitted under separate cover to:
Document Control Officer (5305), Office
of Solid Waste, U.S. Environmental
Protection Agency, 401 M Street, SW.,
Washington, DC 20460.
Documents related to today's rule are
available for viewing at the RIC, located
at: U.S. Environmental Protection
Agency, RCRA Information Center,
room M2616,401M Street, SW.,
Washington, DC 20460.
The RIC is open from 9 a.m. to 4 p.m.
Monday through Friday, except for
Federal holidays. The public must make
an appointment to review docket
materials. Call (202) 260-9327 for
appointments. Copies cost $.15 per
page.
FOR FURTHER INFORMATION CONTACT: For
general information, contact the RCRA
Hotline at (800) 424-9346, or, in the
Washington metropolitan area, (703)
412—9810. For technical information on
individual item designations, contact
the following EPA staff: Plastic Pipe and
Fittings, Geotextiles, Carpet, Floor Tile
and Patio Blocks, Playground Surfaces
and Running Tracks—Robin Moran,
(202) 260-5066; Engine Coolant,
Structural Fiberboard and Laminated
Paperboard, Rockwool and Fiberglass
Insulation, Cement Containing Blast
Furnace Slag, and Hydraulic Mulch—
Dana Arnold, (202) 260-8518; Yard
Trimmings Compost—Hope Pillsbury,
(202) 260-2797; Temporary Traffic
Control Devices, Office Recycling
Containers and Waste Receptacles,
Plastic Desktop Accessories,
Remanufactured Toner Cartridges,
Binders, and Plastic Trash Bags—
Beverly Goldblatt, (202) 260-7932. For
all other technical information, contact
Beverly Goldblatt at (202) 260-7932, or
Dana Arnold at (202) 260-8518.
SUPPLEMENTARY INFORMATION:
Preamble Outline
I. Authority
n. Background
A. Materials in Solid Waste
1. Paper and Paperboard
2. Plastics
3. Glass
4. Yard Trimmings
5. Wood
6. Rubber
7. Engine Coolant
8. Blast Furnace Slag
B. Benefits of Recycling
C. Requirements
1. RCRA Section 6002
2. Executive Order 12873
3. Other Requirements and Policies
D. Criteria for Selecting Items for
Designation
E. Methodology for Selecting Items for
Designation
F. Request for Comments
III. Consolidation of Procurement Guidelines
into 40 CFR Part 247
IV. Purpose, Scope, and Applicability
A. Purpose and Scope
B. Applicability
1. Statutory Provisions
2. Who Is a Procuring Agency?
3. To Which Purchases Does Section 6002
Apply?
4. What Is the $10,000 Threshold?
V. Definitions
VI. Affirmative Procurement Program
A. Specifications
B. Preference Program
1. Minimum Content Standards
2. Case-by-Case Policy Development
3. Substantially Equivalent Alternative
4. Requirements for Contractors and
Grantees
5. Exceptions
C. Promotion Program
1. Internal Promotion
2. External Promotion
D. Estimation, Certification, and
Verification
E. Procedures to Monitor and Review the
Procurement Program
1. Monitoring and Annual Review
2. Reporting
VII. Proposed Categories of Item Designations
VIII. Paper and Paper Products
IX. Vehicular Products
A. Re-Refined Lubricating Oil and Retread
Tires
B. Engine Coolants
1. Background
2. Rationale for Designation
3. Designation
X. Construction Products
A. Building Insulation
B. Structural Fiberboard and Laminated
Paperboard
1. Background
2. Rationale for Designation
3. Designation
C. Plastic Pipe and Fittings
1. Background
2. Rationale for Designation
3. Designation
D. Geotextiles
1. Background
2. Rationale for Designation
3. Designation
E. Cement and Concrete
1. Background
2. Rationale for Designation
3. Designation
F. Carpet
1. Background
2. Rationale for Designation
3. Designation
G. Floor Tiles and Patio Blocks
1. Background
2. Rationale for Designation
3. Designation
XI. Transportation Products
A. Temporary Traffic Control Devices
1. Background
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Federal Register / Vol. 59, No. 76 / Wednesday, April 20, 1994 / Proposed Rules
18853
2. Rationale for Designation
3. Designation
Xfl. Park and Recreation Products
A. Playground Surfaces and Running
Tracks
1. Background
2. Rationale for Designation
3. Designation
XIII. Landscaping Products
A. Hydraulic Mulch
1. Background
2. Rationale for Designation
3. Designation
B. Yard Trimmings Compost
1. Background
2. Rationale for Designation
3. Designation
XIV. Non-Paper Office Products
A. Office Recycling Containers and Office
Waste Receptacles
1. Background
2. Rationale for Designation
3. Designation
B. Plastic Desktop Accessories
1. Background
2. Rationale for Designation
3. Designation
C Romanufactured Toner Cartridges
1. Background
2. Rationale for Designation
3. Designation
D. Binders
1. Background
2. Rationale for Designation
3. Designation
E. Plastic Trash Bags
1. Background
2, Rationale for Designation
3. Designation
XV. Miscellaneous Products
XVI. Potential Items for Future Designation
XVII. Availability
XVIII. Economic Impact Analysis
XIX. Supporting Information
I. Authority
This guideline is proposed under the
authority of sections 2002(a) and 6002
of the Solid Waste Disposal Act, as
amended by the Resource Conservation
and Recovery Act of 1976, as amended,
42 U.S.C. 6912(a) and 6962, and section
502 of Executive Order 12873 (58 FR
54911, October 20,1993).
n. Background
Today, the Environmental Protection
Agency (EPA) is proposing a
Comprehensive Procurement Guideline
designed to encourage the purchase and
use of products containing recovered
materials. Section 6002 of the Solid
Waste Disposal Act, as amended by the
Resource Conservation and Recovery
Act of 1976 (RCRA or the Act) and the
Hazardous and Solid Waste
Amendments of 1984 (HSWA), requires
EPA to designate items that are or can
be made with recovered materials and to
recommend practices to assist procuring
ogoncios in meeting their obligations
with respect to designated items under
RCRA section 6002. After EPA
designates an item, RCRA requires that
, must
purchase that item composed of the
highest percentage of recovered
materials practicable.
Executive Order 12873 (Executive
Order or E.O.) sets forth the procedure
for EPA to follow in implementing
RCRA section 6002(e). Section 502 of
the Order requires EPA to designate
items in a Comprehensive Procurement
Guideline (CPG) and to recommend
procurement practices in a related
Recovered Materials Advisory Notice
(RMAN). Today's proposed rule fulfills
the CPG requirement of the Executive
Order. The proposed RMAN also
appears in today's Federal Register.
Since 1983, EPA has issued five
guidelines for the procurement of
products containing recovered
materials. The guidelines issued to date
are listed in Table 1.
TABLE 1.—EPA Guidelines for Pro-
curement of Products Containing
Recovered Materials
Guideline
Cement and
concrete
containing
fly ash.
Paper and
paper
products.
Re-refined
lubricating
oils.
Retread
tires.
Building in-
sulation. •
CFRpart
40 CFR Part
249.
40 CFR Part
250.
40 CFR Part
252.
40 CFR Part
253.
40 CFR Part
248.
Date (FR)
January 28,
1983 (48
FR 4230).
June 22,
1988 (53
FR
23546).
June 30,
1988 (53
FR
24699).
November
17, 1988
(53 FR
46558).
February
17, 1989
(54 FR
7327).
Today, EPA is proposing to designate
21 additional items and to amend the
building insulation guideline to
establish recovered materials content
levels for fiberglass and increase the
levels for rockwool. The new items that
EPA is proposing for designation are:
engine coolant, structural fiberboard
and laminated paperboard, plastic pipe
and fittings, geotextiles, cement
containing blast furnace slag, carpet,
floor tile and patio blocks, traffic cones
and traffic barricades, playground
surfaces and running tracks, hydraulic
mulch, yard trimmings compost, office
recycling containers and office waste
receptacles, plastic desktop accessories,
remanufactured toner cartridges,
binders, and plastic trash bags.
This preamble describes the
requirements of RCRA section 6002 and
Executive Order 12873, explains the
basis for designating specific products
as procurement items subject to RCRA
section 6002, describes the proposed
changes to the building insulation
guideline, and incorporates and
recodifies the existing five guidelines
into a revised 40 CFR part 247. The
related RMAN, which also appears in
today's Federal Register, discusses
EPA's proposed recommendations for
implementing RCRA section 6002 with
respect to procurement of the
designated items. The RMAN also
provides information regarding the
price, availability, and performance of
these products.
For the convenience of the reader,
Table 2 lists acronyms referenced
throughout this preamble.
TABLE 2.—COMMONLY REFERENCED
ACRONYMS
Acronym
AASHTO
APC
ASHRAE
ASTM
BOCA
CABO
CPG
C&D
E.O.
EPA
FHWA
GGBF
GSA
HOPE
HSWA
ICBO
LDPE
LLDPE
METRO
OFPP
PET
PP
PS
PVC
RCRA
RMAN
Term
American Association of State
Highway and Transportation
Officials.
American Plastics Council.
American Society for Heating,
Refrigeration and Air Condi-
tioning Engineers.
American Society for Testing
and Materials.
Building Officials Council of
America.
Council for American Builders
Association.
Comprehensive Procurement
Guideline.
Construction and Demolition
Debris.
Executive Order 12873.
Environmental Protection Agen-
cy.
Federal Highway Administration.
Ground Granulated Blast Fur-
nace (Slag).
General Services Administra-
tion.
High Density Polyethylene.
Hazardous and Solid Waste
Amendments of 1984.
International Conference of
Building Officials.
Low Density Polyethylene.
Linear Low Density Poly-
ethylene.
Metro Portland Solid Waste De-
partment
Office of Federal Procurement
Policy.
Polyethylene Terephthalate.
Polypropylene.
Polystyrene.
Polyvinyl Chloride.
Resource Conservation and Re-
covery Act of 1976.
Recovered Materials Advisory
Notice.
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Federal Register / Vol. 59, No. 76 / Wednesday, April 20, 1994 / Proposed Rules
A. Materials in Solid Waste
As discussed in section n.E of this
preamble, RCRA section 6002 provides
criteria for EPA to consider when
selecting items for designation. One of
these criteria is the impact of
procurement of the item on the solid
waste stream: EPA's designation of an
item should promote the statute's
underlying objective of using the
stimulus of government procurement to
foster markets for items containing
materials recovered from solid waste.
Consistent with this objective, each of
the items that EPA proposes to
designate today is made with one or
more materials recovered from solid
waste. This section briefly discusses
these materials and, where applicable,
alternative uses for them.
Generally, solid waste has several
components, such as municipal solid
waste, construction and demolition
debris, and non-hazardous industrial
waste. EPA produces biennial
characterizations of the generation and
recovery of municipal solid waste in the
United States. Similar national
characterizations of the other
components of non-hazardous solid
waste are unavailable, although some
state and local governments have
characterized one or more of these other
components within their jurisdiction.
Under RCRA section 6002, EPA
considers materials recovered from any
component of solid waste for purposes
of designating items containing
recovered materials.
EPA's latest municipal solid waste
characterization study, which presents
1990 waste generation and recovery
data, addresses the following materials:
paper and paperboard, glass, metals,
plastics, rubber and leather, textiles,
wood, food wastes, yard trimmings,
miscellaneous inorganic wastes, and
other materials. Table 3 shows the 1990
generation and recovery of these
materials. The largest components of the
municipal solid waste stream are paper
and paperboard (37.5 percent), yard
trimmings (17.9 percent), plastics (8.3
percent), and glass (6.7 percent). Paper,
paperboard, and yard trimmings alone
accounted for over 55 percent of the
materials generated in 1990.
TABLE 3.—MATERIALS GENERATION
AND RECOVERY IN THE U.S. MUNICI-
PAL WASTE STREAM, 1990
[In millions of tons]
TABLE 3.—MATERIALS GENERATION
AND RECOVERY IN THE U.S. MUNICI-
PAL WASTE STREAM, 1990—Contin-
ued
[In millions of tons]
Materials
Ferrous
Aluminum
Other Nonferrous
Plastics
Rubber and Leather .....
Textiles
Wood
Other
Food Wastes
Yard Trimmings
Misc. Inorganic Wastes
Totals
Genera-
tion
12.3
2.7
1.2
16.2
4.6
5.6
12.3
32
13.2
35.0
2.9
195.7
Recov-
ery
1.9
1.0
0.8
0.4
0.2
02
0.4
08
0)
4.2
0)
33.4
reported by the American Forest &
Paper Association.
TABLE 4.—RECOVERY OF PAPER AND
PAPERBOARD IN 1992
[In millions of short tons]
Materials
Paper and Paperboard .
Glass
Metals
Genera-
tion
73.3
13.2
Recov-
ery
20.9
26
Source: "Characterization of Municipal Solid
Waste in the U.S.: 1992 Update," U.S. EPA,
July 1992.
'Negligible.
EPA's existing procurement
guidelines foster markets for several of
the municipal solid waste components
identified in Table 3—paper and
paperboard, rubber (tires), and plastics
and glass (used in building insulation)—
as well as used oil and fly ash generated
by coal burning utilities. The proposed
revisions and new item designations
address paper, plastics, glass, yard
trimmings, wood, rubber, and other
materials.
1. Paper and Paperboard
As shown in Table 4, paper and
paperboard are major components of the
solid waste stream. In 1990, the
municipal waste stream included over
73 million tons of waste paper, or 37.5
percent of total municipal solid waste
generated. Paper waste includes office
papers, newspapers, corrugated
containers and other paper packaging,
and a mixture of other papers (e.g.,
direct mail). In 1990, the United States
generated nearly 13 million tons of
newspapers, 6 million tons of office
papers, and nearly 33 million tons of
containers and packaging.
A significant portion of paper is
recovered and used in the manufacture
of new paper and paperboard products.
In 1992, the American paper industry
recovered nearly 40 percent of paper
and paperboard generated in the U.S., or
approximately 34 million tons. Of this,
26.5 million tons were used in U.S.
mills to make recycled paper and
paperboard products, 0.8 million tons
were used in the manufacture of other
products, and 6.3 million tons were
exported. Table 4 provides the tonnage
of various grades of paper and
paperboard recovered in 1992, as
Grade
Newspapers
Mixed papers
Corrugated
Pulp substitutes
High grade deinking
Totals
Tonnage
7.2
40
154
3.7
3.3
33.6
Source: American Forest & Paper Associa-
tion.
In 1993, the American paper Industry
set a goal of recovering 50 percent of
paper and paperboard generated by the
year 2000. The industry estimates that
78 percent of all paper and paperboard
recovered domestically in the year 2000
will be used in the manufacture of new
paper and paperboard, 7 percent will be
used in other products, and 15 percent
will be exported. The industry projects
that much of the growth in use of
recovered paper will be in
containerboard (corrugated medium and
linerboard) and tissue products,
although use in newsprint and printing
and writing paper is expected to grow
as well.
In addition to use in new paper
products, recovered paper and
paperboard can be used to make such
items as hydraulic mulch and board
products used in the construction
industry for insulation and structural
applications. Increasing demand for
products made with recovered paper
may help increase the supply of these
products and can lead to an increase in
the price of these materials. For
technical performance and economic
reasons, the paper industry is not now
capable of using 100 percent recovered
paper in all of its products. Also,
despite the significant investment made
by the paper industry over the last
several years in equipment and capacity
to use recovered paper, it is still
difficult to find markets for recovered
paper in some parts of the United States.
2. Plastics
Plastics in the waste stream include
non-durable goods such as consumer
packaging, containers, toys, and
housewares; durable goods such as
furniture, appliances, and computers;
and commercial/industrial goods such
as pipe, cable, siding, and auto parts.
Plastics made up 8.3 percent by weight
(16.2 million tons) of municipal solid
waste according to EPA's 1992
characterization study. By volume,
plastics were the second highest
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Federal Register / Vol. 59, No. 76 / Wednesday, April 20, 1994 / Proposed Rules 18855
component (21 percent) of municipal
solid waste. The EPA characterization
study also showed that plastics were
recovered at a rate of 2.2 percent by
weight in 1990.
The American Plastics Council (AFC)
reported that the 1992 recycling rate for
postconsumer plastic bottles and rigid
containers was 15.4 percent; for other
types of plastic packaging, the recycling
rate was 6.5 percent. The report,
entitled, "Post-Consumer Plastics
Recycling Rates: 1991 and 1992," is
based on data compiled from 229
companies involved in the reclamation
of postconsumer plastics. Information
was compiled from plastic reclaimers
who carried out the last value-added
step before remanufacture, and plastics
handlers, reclaimers, or brokers who
wore exporting the materials for
recycling. According to APC, the most
commonly recycled postconsumer
products are polyethylene terephthalate
(PET) soft drink bottles, with a 40.6
percent recycling rate, and high density
polyethylene (HDPE) milk and water
fugs, with a 23.5 percent recycling rate.
Other postconsumer resins, including
polyvinyl chloride (PVC), low density
polyethylene (LDPE) (including linear
low density polyethylene (LLDPE)), and
polystyrene (PS) are recycled at rates
lower than 1 percent; polypropylene
(PP) is recycled at a somewhat higher
rate of 3 percent.
PET has the highest recycling rate of
all postconsumer resins. APC reported a
23.8 percent overall recycling rate
(460.5 million pounds) for
postconsumer PET. This rate reflects the
high recycling rate for PET soft drink
bottles, which are the most widely
recycled plastic product. PET custom
bottles (e.g., peanut butter jars and
cooking oil bottles), other PET
packaging, and non-packaging materials
(e.g., x-ray film) are recycled at much
lower rates (4.6 percent, 0.3 percent,
and 12.6 percent, respectively).
Currently, the primary market for
postconsumer PET is fiber for use in
products such as ski jackets, sleeping
bags, and carpet. Other markets for
postconsumer PET include geotextiles,
soft drink bottles, and household
product containers.
There is a large potential supply of
HDPE from postconsumer sources, as
well as preconsumer sources. APC
reported that 443.9 million pounds of
postconsumer HDPE were recycled in
1992. The supplyof postconsumer
HDPE is mainly from recycled milk and
water jugs, detergent bottles and other
household products bottles. Other
sources reported that 427.6 million
pounds of preconsumer (or post-
industrial) HDPE were recycled in 1990.
The availability of postconsumer HDPE
is expected to increase as more
communities include HDPE products in
their recycling collection programs and
as improvements in recovered plastics
processing are achieved.
There is also a supply of recovered
PVC, although relatively small amounts
of postconsumer PVC are available. PVC
bottles make up a small percentage of
the consumer container market and
typically have not been collected in
local recycling programs. APC reported
that 20.6 million pounds of
postconsumer PVC was recycled in
1992. Other sources estimate that the
amount of preconsumer recovered PVC
were approximately 130.9 million
pounds in 1990, and the supply of
preconsumer recovered PVC now is
expected to be greater due to increased
diversion from the waste stream.
Sources of preconsumer PVC include
industrial scraps from the manufacture
of vinyl siding, blister packs and floor
tiling. EPA was unable to obtain
estimates of post-industrial plastic
recovery rates.
Currently, the price of most recovered
resins is not competitive with virgin
resin; thus, many communities are
discouraged from including plastics in
their collection programs. Further, there
are still many technical barriers to the
efficient processing of recovered
plastics. For example, the various
plastic resins are not mutually
compatible, requiring that they be
separated during processing. The
development of higher value end-
markets for the plastics that are
currently being collected may off-set the
costs of processing the recovered plastic
and encourage more communities to
recover plastics from the waste stream,
which, in turn, will increase supply.
3. Glass
The glass found in municipal solid
waste is primarily in the form of
containers, although glass is also found
in durable goods such as furniture,
appliances, and consumer electronics.
The chemical composition of glass
varies with its use. For example,
container glass differs from glass used in
automotive windshields. For this
reason, glass from one product may not
be used easily in the manufacture of
other products.
In 1990, approximately 22 percent of
glass containers were recovered for
recycling, with a 20 percent recovery
rate for all glass in municipal solid
waste. By 1992, 27 percent of all glass
containers manufactured and sold in the
U.S. were recycled. If refillables are
counted, the glass recycling rate
increases to 33 percent.
The major market for recovered
container glass is the glass container
manufacturing industry. There are 75
container plants in the U.S., but they are
not distributed uniformly across the
country. They are not now using all of
the container glass being recovered.
A potential alternative market for
recovered container and other glass is
the fiberglass insulation manufacturing
industry. EPA's 1989 building
insulation products procurement
guideline included fiberglass insulation,
but EPA did not recommend recovered
materials levels for this item. Today,
EPA is recommending recovered
materials levels for fiberglass insulation
in order to foster use of recovered glass
in this product.
4. Yard Trimmings
Roughly 35 million tons per year of
yard debris (leaves, lawn clippings,
bush and tree trimmings) and kitchen
scraps (fruit and vegetable scraps)
together comprise about 28 percent of
municipal solid waste. Yard materials
alone comprise 18 percent of the
municipal waste stream.
These materials can be composted to
produce a usable product, rather than
landfilled or incinerated. Today, 26
states have laws or regulations that
prohibit yard materials from being
landfilled.
5. Wood
EPA estimates that approximately
12.3 million tons of wood were
generated as municipal solid waste in
1990. Only 3 percent (400,000 tons) was
recovered. The sources of wood include
furniture, miscellaneous durables, wood
packaging (including pallets), and other
miscellaneous products.
Wood also is present in construction
and demolition (C&D) debris—materials
generated as a result of construction,
renovation, or demolition of structures.
C&D. debris is disposed in both
municipal and C&D landfills.
Generation of C&D debris fluctuates
with seasons, climate, weather, and the
local and national economy. As a result,
there are no generally accepted
estimates of C&D debris generation.
According to one report, various studies
estimated generation rates ranging from
0.12 to 3.52 pounds/person/day.
["Construction Waste & Demolition
Debris Recycling ... A Primer,"
prepared for SWANA/EPA/MITE by
Gershman, Brickner & Bratton, Inc.]
Wood can account for as much as 30
percent of C&D debris, particularly if
land has been cleared for construction.
According to one article, Maine and
Oregon reported that more than 97
percent of their wood waste was
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Federal Register / Vol. 59, No. 76 / Wednesday, April 20, 1994 /Proposed Rules
landfilled as recently as 1988. (Gitlin,
Lisa, "Integrating Wood into the
Recycling Loop," Recycling Today, June
1991) However, as landfill tipping fees
increase and landfill space becomes
limited in some states, wood chipping
and reclamation of wood from C&D is
increasing. Communities with public or
private wood reclamation programs
include Baltimore (the Loading Dock),
the Bronx (Urban Solutions), Berkeley
(Urban Ore), San Jose, Chicago,
Milwaukee, Portland, Cleveland, and
San Diego. Some of these programs
reclaim parts for reuse, while others
chip wood for new applications, or
both. Much of the wood is turned into
fuel, compost, or mulch, including
hydraulic mulch.
Recovery of wood is increasing,
however. In particular, in the West,
there is growing demand for secondary
sources of wood fiber due to restrictions
on timber harvesting, hi 1993, the Metro
Portland Solid Waste Department
(METRO) reported that more than
216,000 tons of wood were generated in
1992, including wooden shipping
containers and pallets, untreated
dimensional lumber and finishing
pieces from C&D activities, and large
stumps from landclearing. METRO
estimated that 46 percent of these
materials were recovered, excluding
wood that was salvaged for reuse.
Although a comprehensive list of C&D
debris recovery programs is not
available, published reports indicate
that programs exist in all parts of the
U.S. and that it is technologically and
economically feasible to recover wood
wastes for use in such items as board
products, industrial boiler fuel,
landscaping and hydraulic mulches,
sludge bulking media, and animal
bedding.
6. Rubber
The predominant source of rubber in
municipal solid waste is rubber tires.
There are approximately 2—3 billion
scrap tires currently stockpiled across
the U.S., and over 240 million more are
generated annually. Improperly
operated stockpiles can create serious
health and environmental threats from
fires and insect- or rodent-borne
diseases. Most states now have scrap
tire management legislation fostering
alternatives to tire stockpiling and
disposal. One of these alternatives is tire
retreading, which is the focus of EPA's
1988 tire procurement guideline.
Another alternative is to use crumb
rubber, either alone or mixed with
plastics, to produce new products.
Several of the items proposed for
designation today contain recovered
crumb rubber from tires.
Crumb rubber, a fine granular or
powdered material capable of being
used to make traffic cones and other
products, is currently recovered from
whole scrap tires using thermal and/or
mechanical processing techniques.
Crumb rubber is also derived from the
tire retreading process, when a worn tire
tread is removed from a retreadable tire
casing during a buffing process before a
new tread surface is affixed. Rubber
materials derived from this process are
frequently referred to as "buffings" or
"buffing dust." Approximately 200
million tons of tire buffings are
generated each year by the tire
retreading industry in the United States.
7. Engine Coolants
Annually, more than 200 million
gallons of engine coolant are sold in the
United States. After purchase, engine
coolant is diluted 50 percent with water
before placement in the engine. If the
majority of engine coolant sold annually
is replacing spent engine coolant (rather
than refilling leaking radiators), then
400 million gallons of spent engine
coolant mixtures require disposal each
year. Engine coolant is disposed by
discharging it into a sewage treatment
system, dumping it on the ground,
recycling it, or managing it as a
hazardous waste.
Some sewage treatment systems are
designed in such a manner that they can
treat spent engine coolant without a
problem. Increasingly, sewage treatment
plants require notification prior to or
even restrict the discharge of spent
engine coolant to their systems. In
addition, engine coolant can cause
damage to a septic treatment system if
it is flushed into the system, and can
cause harm to the environment if it is
dumped on the ground.
Used engine coolant may become
contaminated by heavy metals
(predominately lead and copper) to such
a degree that it is a hazardous waste
according to EPA's regulations. Some
engine coolant has failed the Toxicity
Characteristic Leaching Procedure
(TCLP) test because of heavy metals
and, therefore, is subject to regulation as
a hazardous waste in accordance with
Federal and state hazardous waste
management regulations. States such as
New Jersey have chosen to list spent
engine coolant as a hazardous waste.
The concentration of hazardous
contaminants in spent engine coolant
seems to depend on many factors,
including: the maintenance and use of
the vehicle, the design of the engine, the
amount of corrosion inhibitor additives.
The amount of heavy metals in spent
coolant should greatly decrease in the
next few years because of a trend in the
automotive industry to use aluminum
and plastic in radiators rather than
brass. Use of plastic and/or aluminum
parts reduces or eliminates the need for
lead solder, thereby reducing or
removing the source of lead and copper
contamination. This industry trend may
reduce, if not eliminate, the issue of
contaminated engine coolant and
disposal as a hazardous waste.
Spent engine coolant can be recycled
by removing contaminants and
breakdown products of the original
ingredients and replacing corrosion
inhibitors. Generators of spent engine
coolant can either purchase equipment
to reclaim the fluid themselves or
contract with an engine coolant
reclaimer.
8. Blast Furnace Slag
Iron blast furnace slag, or ground
granulated blast furnace slag (GGBF
slag), is a by-product of the production
of iron in a blast furnace. It is produced
when water quenches molten blast-
furnace slag. Approximately 16 million
tons of it are generated annually and are
not reused within the original
manufacturing process.
Approximately 75 percent of GGBF
slag is used in aggregate applications
such as fill, road bases, and the coarse
aggregate component of asphalt and
concrete, while the remaining 25
percent (3-4 million tons) is stockpiled.
In other words, by the year 2000, as
much as an additional 24 million tons
of slag will have accumulated in
stockpiles. GGBF slag can be used in
cement and concrete for a variety of
applications.
B. Benefits of Recycling
By all measures, the United States
generates more solid waste (including
municipal solid waste, construction and
demolition debris and non-hazardous
industrial waste) than any other country
in the world. While the rate of increase
of waste generation has slowed over the
last 10 years, amounts generated
measured on a per capita or total basis
continue to grow. The occurrence of
regional waste disposal capacity
shortages and the difficulty in siting
new disposal facilities continue to
plague State and local decision-makers
responsible for managing solid waste—
creating national concern, hi RCRA,
Congress acknowledged the importance
of recycling in helping to alleviate these
problems and recognized that recycling
is not merely the collection of materials,
but includes the need for products to be
made from these materials and
purchased by consumers.
Section 6002 was added to RCRA to
foster markets for products made from
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materials diverted from the solid waste
stream by using Federal purchasing
power to stimulate the demand for
products made with recovered
materials. The statute does this by
requiring EPA to issue guidelines to be
used by Federal agencies to procure
recycled products. President Clinton's
Executive Order 12873 further bolsters
tho Federal government's commitment
to buy products containing recovered
materials by "streamlining" the process
used by EPA in fulfilling its obligation
under RCRA section 6002 to designate
items that are or can be made with
recovered materials.
Executive Order 12873 was issued
with recognition that the Nation's
interest is served when the Federal
government makes more efficient use of
natural resources by maximizing
recycling and preventing waste
wherever possible and that the Federal
government should—through cost-
effective waste prevention and recycling
activities—work to conserve disposal
capacity, and serve as a model in this
regard for private and other public
institutions. The use of recovered
materials in manufacturing can result hi
significantly lower energy and material
input costs than when virgin raw
materials are used. Aluminum
recycling, for instance, can save up to 97
percent of the energy requirements for
making new aluminum, as compared to
the use of bauxite. Use of recovered
materials can reduce the generation and
release of air and water pollutants often
associated with manufacturing
(including air emissions that contribute
to the level of "greenhouse gases" and
ozone depletion). Air pollutant
reductions of nearly 25 percent have
been associated with the manufacture of
glass from recovered materials, while
reductions from the manufacture of steel
and aluminum can be as high as 85
percent and 95 percent, respectively,
when recovered materials are used.
Additionally, water pollutant reductions
in the manufacture of steel and
aluminum can be as high as 75 percent
and 95 percent, respectively, when
recovered materials are used. Using
recovered materials also reduces the
environmental impacts of mining,
harvesting, and other extraction of
natural resources, while conserving
non-renewable resources for future use.
Recycling can also divert large amounts
of materials from landfills, conserving
increasingly valuable space for the
management of materials that truly
require disposal. This reduces the need
to expand existing or site new disposal
facilities, allowing local officials to
devote more attention to health,
education, and safety issues.
Executive Order 12873 also points out
that the use of recycled products by the
Federal government can spur private
sector development of new technologies
and the use of such products, thereby
creating business and employment
opportunities that enhance local,
regional and national economies.
Technological innovation associated
with the use of recovered materials can
translate into economic growth and
make American industry more
competitive in the global economy.
Both RCRA and the E.O. recognize the
interdependence between buying
recycled products and the success of
recycling. For recycling to occur,
industry must use recovered materials
as feedstock for the manufacture of new
products. Despite the environmental
and economic efficiencies that can be
realized by using recovered materials as
feedstock, a manufacturer's primary
responsibility remains to produce
products that meet the demand of the
consumer. The Federal government,
through its purchasing decisions as a
consumer, can play a key role in
influencing manufacturer's decisions on
products made with recovered
materials. By purchasing products
containing recovered materials pursuant
to the guidelines established under
RCRA and Executive Order 12873, the
Federal government has the opportunity
to increase markets for recovered
materials and to contribute significantly
to an increased level of recycling in this
country. These guidelines also serve to
stimulate the purchase of recycled
products nationwide, since many State
and local governments, as well as the
private sector, use these guidelines as a
framework for their purchases.
Executive Order 12873 also requires
Federal agencies to consider waste
prevention in their acquisition of
products and services. Waste prevention
is the design, manufacture, purchase, or
use of materials or products to reduce
the volume or toxicity of the waste
stream. EPA has not yet issued guidance
on how to incorporate the concept of
waste prevention in purchasing
decisions. The Agency will be
addressing this matter when EPA issues
its guidance on "environmentally
preferable-products," as required by
section 503 of the Executive Order.
Today's notice pertains only to the
issuance of a Comprehensive
Procurement Guideline designating
items that are or can be made with
recovered materials. A Recovered
Materials Advisory Notice, which
recommends recycled content levels at
which the designated items are
available, is published separately in
today's Federal Register.
C. Requirements
RCRA section 6002 and Executive
Order 12873 set forth requirements for
the procurement of products containing
recovered materials. The requirements
of RCRA section 6002 apply to
"procuring agencies," as defined in
section V; Executive Order requirements
apply only to Federal "Executive
agencies," as defined in section 202 of
Executive Order 12873.
1. RCRA Section 6002
RCRA section 6002 requires EPA to
designate items that are or can be made
with recovered materials and to
recommend practices to assist procuring
agencies in purchasing the designated
items. Once an item is designated by
EPA, procuring agencies that use
appropriated Federal funds to purchase
the item are required to purchase it
composed of the highest percentage of
recovered materials practicable (and in
the case of paper, the highest percentage
of postconsumer recovered materials),
taking into consideration the limitations
set forth in section 6002(c)(l) (A)
through (C) (i.e., competition, price,
availability, and performance). The
requirement applies when the purchase
price of the item exceeds $10,000 or
when the total cost of such items, or of
functionally equivalent items,
purchased during the preceding fiscal
year was $10,000 or more. Within one
year after EPA designates an item, RCRA
section 6002(d)(2) requires that Federal
agencies revise their specifications to
require the use of recovered materials to
the maximum extent possible without
jeopardizing the intended end-use of the
item. Section 6002(d)(l) further requires
Federal agencies responsible for drafting
or reviewing specifications to review all
of their product specifications to
eliminate both provisions prohibiting
the use of recovered materials and
requirements specifying the exclusive
use of virgin materials. This revision
process should have been completed by
May 8,1986.
Once EPA designates an item,
responsibility for complying with RCRA
section 6002 rests with the procuring
agencies. For each item designated by
EPA, RCRA section 6002(i) requires
each procuring agency to develop an
affirmative procurement program,
which sets forth the agency's policies
and procedures for implementing the
requirements of RCRA section 6002. The
program must assure that the agency
purchases items composed of recovered
materials to the maximum extent
practicable and that these purchases are
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made consistent with applicable
provisions of Federal procurement law.
In accordance with RCRA section
6002(1), the affirmative procurement
program must contain at least four
elements:
(1) A recovered materials preference
program;
(2) An agency promotion program;
(3) A program for requiring vendors to
reasonably estimate, certify, and verify
the recovered materials content of their
products; and
(4) A program to monitor and
annually review the effectiveness of the
affirmative procurement program.
Finally, RCRA section 6002(g)
requires the Office of Federal
Procurement Policy to implement the
requirements of RCRA section 6002 and
to coordinate this policy with other
Federal procurement policies in order to
maximize the use of recovered
materials. RCRA further requires OFPP
to report to Congress every two years on
actions taken by Federal agencies to
implement such policy.
2. Executive Order 12873
Executive Order 12873, entitled
"Federal Acquisition, Recycling, and
Waste Prevention," was signed by
President Clinton on October 20,1993.
Section 502 of the Order establishes a
new, two-part process for EPA to use
when developing and issuing the
procurement guidelines for products
containing recovered materials, as
required by RCRA section 6002(e). The
first part, the Comprehensive
Procurement Guideline, involves
designating items that are or can be
made with recovered materials, an
activity requiring rulemaking. As with
the previous guidelines, the CPG is to be
developed using formal notice-and-
comment rulemaking procedures. The
final CPG is to be codified in the Code
of Federal Regulations. Today's
proposed CPG is being developed under
the procedures established in the
Executive Order.
The second part, the Recovered
Materials Advisory Notice, provides
recommendations to procuring agencies
on purchasing the items designated in
the CPG. The E.O. directs EPA to
propose the RMAN in the Federal
Register and to take comment on the
proposal. The RMAN for items proposed
for designation in today's CPG also
appears in today's Federal Register.
EPA is also required to provide
guidance to Executive agencies on
procuring environmentally-preferable
products. Section 503 of the Executive
Order requires EPA to develop and issue
guiding principles that Executive
agencies should use in purchasing
environmentally-preferable products.
EPA is developing these guiding
principles separately from the CPG and
RMAN and will provide an opportunity
for the public to participate in their
development.
Section 401 requires Executive
agencies to consider the use of
recovered materials and other
environmental factors in acquisition
planning for all procurements and in the
evaluation and award of contracts.
Section 402 directs the head of each
Executive agency to implement the
affirmative procurement program
requirements of RCRA section 6002(i)
and to include in the affirmative
procurement programs a requirement
that all purchases of EPA-designated
items meet or exceed the EPA-
recommended levels. It further requires
agency affirmative procurement
programs to encourage that (1)
documents be transferred electronically,
(2) all government documents printed
internally be printed double-sided, and
(3) contracts, grants, and cooperative
agreements issued after October 20,
1993, include provisions that require
documents to be printed double-sided
on recycled paper that meets or exceeds
the standards established in the
Executive Order or in future EPA
Recovered Materials Advisory Notices.
Sections 501, 504, 505, and 506 of the
Executive Order describe requirements
for Executive agencies to incorporate the
provisions of RCRA section 6002(d)(l)
and requires specific actions to be taken
by certain agencies. Section 501 of the
Executive Order requires Executive
agencies to review and, where
applicable, revise their specifications,
product descriptions, and standards to
enhance Federal procurement of
products containing recovered
materials. When agencies convert to
Commercial Item Descriptions (CIDs),
they are required to ensure that the CIDs
meet or exceed the recovered materials
requirements of the specifications or
product descriptions that they replace.
Section 504 requires Executive agency
heads to purchase uncoated printing
and writing paper with a minimum of
20 percent postconsumer content
beginning December 31,1994. Section
505 further requires the General
Services Administration and other
Federal agencies to revise their paper
specifications to eliminate barriers,
unrelated to performance, to purchasing
paper or paper products made by
production processes that minimiz
emissions of harmful by-products.
Section 506 reinforces the
procurement guidelines for re-refined
oil and retread tires by requiring
commodity managers to finalize
ize
specification revisions for the products
and to develop and issue specifications
for tire retreading services. Once these
specifications are finalized, commodity
and fleet managers are required to take
affirmative steps to procure retread tires
and re-refined oil.
Section 602 of the Executive Order
directs Executive agencies to set goals
for purchasing recycled and other
environmentally-preferable products
and to maximize the number of recycled
products purchased, relative to non-
recycled alternatives.
Finally, section 301 requires the
Federal Environmental Executive to
submit an annual report to the Office of
Management and Budget on the actions
taken by agencies to comply with the
requirements of the Executive Order,
including the affirmative procurement
program requirements set forth in RCRA
section 6002. To enable the Federal
Environmental Executive to develop
this report, Executive agencies are
required to provide information on their
implementation actions.
3. Other Requirements and Policies
There are several other policies and
procedures that may affect the
procurement of products containing
recovered materials by Federal and
other government agencies. For the
convenience of the reader, EPA has
briefly summarized requirements and
policies set forth in the Federal
Acquisition Regulation, OFPP Policy
Letter 92-4, and OMB Circulars A-102,
A-119, and A-131.
a. Federal Acquisition Regulation.
The Federal Acquisition Regulation
(FAR) (48 CFR part 1) is the primary
regulation used by Executive agencies in
their acquisition of supph'es and
services. Part 23 sets forth requirements
and procedures for Federal agencies to
use when procuring EP A-designated
items.
b. OFPP Policy Letter 92-4. OFPP's
Policy Letter 92—4, "Procurement of
Environmentally-Sound and Energy-
Efficient Products and Services" (57 FR
53362), establishes Executive branch
policies for the acquisition and use of
environmentally-sound, energy-efficient
products and services. In addition to
reiterating the requirements of RCRA
section 6002, the Policy Letter requires
Executive agencies to: (1) Identify and
procure products and services that, all
factors taken into consideration, are
environmentally-sound and energy-
efficient, and (2) employ life cycle cost
analysis to assist in making product and
service selections.
c. OMB Circular A-102. On August 5,
1992, OMB published proposed
revisions to OMB Circular A-102,
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18859
"Grants and Cooperative Agreements
•with State and Local Governments" (57
FR 34599). If finalized as proposed,
paragraph 7(h) of the proposed revision
will require state and local government
recipients of Federal assistance funding
to comply with RCRA section 6002.
d. OMB Circular A-119. OMB
Circular A—119, "Federal Participation
in the Development and Use of
Voluntary Standards" (54 FR 57645),
sets forth policy for Executive agencies
to follow in working with voluntary
standards bodies and in adopting and
using voluntary standards. Paragraph
7(a)(4) recommends that Federal
agencies give preference to adopting and
using standards that "foster materials,
products, systems, or practices that are
environmentally-sound and energy-
efficient."
e. OMB Circular A-131. OMB Circular
A-131, "Value Engineering" (58 FR
31056), requires Executive agencies to
use value engineering as a management
tool to reduce program and acquisition
costs. Paragraph 8(b) requires agencies
to develop guidelines for both in-house
personnel and contractors to identify
programs/projects with the most
potential to yield savings from the
application of value engineering
techniques. Paragraph 3(b)(4) further
requires this guidance to ensure that the
application of value engineering to
construction and other projects/
programs includes consideration of
environmentally-sound and energy-
efficient results.
D. Criteria for Selecting Items for
Designation
RCRA section 6002(e) requires EPA to
consider the following criteria when
determining which items it will
designate:
(IT Availability of the item;
(2) Potential impact of the
procurement of the item by procuring
agencies on the solid waste stream;
(3) Economic and technological
feasibility of producing the item; and
(4) Other uses for the recovered
materials used to produce the item.
EPA also consulted with Federal
procurement and requirement officials
to identify other criteria to consider
when selecting items for designation.
Based on the information obtained from
these sources, the Agency decided that
the limitations set forth in RCRA section
6002(c) should also be factored into its
selection decisions. The criteria of
RCRA section 6002(c) fit within the
considerations of availability called for
by RCRA section 6002(e). That section
requires each procuring agency that
procures an item designated by EPA to
procure the item composed of the
highest percentage of recovered
materials practicable, while maintaining
a satisfactory level of competition. The
decision not to procure an EPA-
designated item containing recovered
materials may be based only on the
following:
(1) The item is not reasonably
available within a reasonable period of
tune;
(2) The item fails to meet the
performance standards set forth in the
agency's specification; or
(3) The item is available only at an
unreasonable price.
EPA recognized that the above
limitations could restrict procuring
agencies from purchasing EPA-
designated items with recovered
materials content, and thereby, could
limit the potential impact of an
individual item designation. For this
reason, EPA considered the limitations
cited in RCRA section 6002(c) along
with the statutory criteria when
selecting items for designation in
today's proposed CPG. Thus, the
Agency developed the following
considerations to use as guidance when
selecting items for designation: use of
materials found in solid waste,
economic and technological feasibility
and performance, impact of government
procurement, availability and
competition, and other uses for
recovered materials.
1. Use of Materials Found in Solid
Waste
All items that EPA designates in the
CPG are manufactured with materials
recovered or diverted from the solid
waste stream. These include both
materials recovered from municipal
solid waste and materials recovered
from other solid waste streams, such as
construction and demolition debris and
other non-hazardous industrial waste
streams. Once recovered or diverted,
these materials are reclaimed and
refined, disassembled and
remanufactured, or separated and
processed for use as feedstock to
manufacture a new product.
The potential impact that procuring
agencies may have on the solid waste
stream by procuring an EPA-designated
item varies depending on the
sophistication of the process used to
recover or refine the material used in
the manufacture of the item and on the
recovered materials content of the final
product. Additionally, although
designating a single item may not have
a significant impact on the amount of
solid waste recovered or diverted from
the waste stream, EPA believes that
designating several items made from the
same recovered material in the CPG can
lead to the diversion of substantial
quantities of that material from the
waste stream.
Information on the materials used to
produce each item EPA proposes for
designation is presented in subsection a,
"Use of Materials in Solid Waste," in
the individual item designation
discussions in sections VIII-XV of this
preamble.
2. Economic and Technological
Feasibility and Performance
Before selecting an item for
designation, EPA determines that, based
on its market research, it is
economically and technologically
feasible to use recovered materials to
produce the item. EPA uses several
indicators in making this determination.
Availability of the item in the
marketplace and procurement of the
item by Federal and/or other
government agencies are primary
indicators that it is economically and
technologically feasible to produce that
product with recovered materials
content. Other indicators include ability
of the item to meet performance
specifications, general acceptance of the
item by consumers and purchasers, and
use of recovered feedstock by
manufacturers.
Prior to selecting an item for
designation, EPA also considers the
ability of the item to meet the standards,
specifications, or commercial item
descriptions set forth by Federal
agencies or national standard-setting
organizations.
Information on the economic and
technological feasibility of producing
each item EPA proposes for designation,
including the availability of the item
and the number of manufacturers that
produce the item, the ability of the item
to meet Federal or national
specifications, the recovered materials
content levels used by manufacturers to
produce the item, and other information
relevant to the economic and
technological feasibility of producing
and using the item, is discussed in
subsection b, "Technically Proven
Uses," in the individual item
designation discussions in sections
Vin-XV of this preamble.
3. Impact of Government Procurement
The impact of government
procurement of products containing
recovered materials is a combination of:
(1) Direct purchases by Federal
agencies, (2) purchases made by state
and local agencies using Federal
monies, and (3) purchases made by
contractors to these government
agencies. Thus, when considering items
for designation, EPA examines whether
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government agencies and their
contractors purchase the items.
Government procurement also has an
impact that extends far beyond the
Federal, state, and local levels. As
encouraged in Executive Order 12873,
the Federal government often serves as
a model for private and other public
institutions. Because of this secondary
effect, EPA includes items that are not
unique to or primarily used by
government agencies. Many of the items
that EPA selects for designation are
selected because they have broad
application both in government and in
the private sector.
Information on the potential impact of
government procurement for each item
EPA proposes for designation is
presented in subsection c, "Impact of
Government Procurement," in the
individual item designation discussions
in sections VIII-XV of this preamble.
4. Availability and Competition
The items EPA selects for designation
are available nationally either from
national distributors or manufacturers
or from regional or local sources. The
relative availability of an item
influences the ability of a procuring
agency to secure an adequate level of
competition when procuring an item. In
the event that a satisfactory level of
competition is unattainable, a procuring
agency may elect to waive the
requirement to purchase an EPA-
designated item with recovered
materials content based on the
limitations listed in RCRA section
6002(c).
Information on the availability of each
item EPA proposes for designation,
including the number of manufacturers
that produce the items, is presented in
subsection b, "Technically Proven
Uses," in the individual item
designation discussions in sections
Vin-XV of this preamble.
5. Other Uses for Recovered Materials
In selecting items for designation,
EPA also considers the following:
(1) The possibility of one recovered
material displacing another recovered
material as feedstock, thereby resulting
in no net reduction in materials
requiring disposal;
(2) The diversion of recovered
materials from one product to another,
possibly creating shortages in feedstocks
for one or both products; and
(3) The ability of manufacturers to
obtain recovered materials in sufficient
quantity to produce the item under
consideration.
While other uses for recovered
materials are a consideration, they were
not a determining factor when selecting
items for designation in today's
proposed rule because there is a need
for additional markets for all recovered
materials used to manufacture the
proposed designated items.
6. Other Considerations
As mentioned in the introduction to
section II.D, EPA also considers price as
a factor affecting the availability of an
item. However, the price of products,
whether virgin or recycled, is affected
by many variables, including
availability and costs of material
feedstocks, energy costs, labor costs, rate
of return on capital, transportation
charges, and the quantity of the item
ordered. In addition, price may vary
depending on whether the product is a
common stock item or requires a special
order. Price can also be affected by the
geographical location of the purchaser
because some products may not be
uniformly available throughout the
United States. Therefore, the best
sources of current price information for
quantities "of items to be delivered to
specific locations are the manufacturers
and vendors of the recycled products.
Relative prices of recycledproducts
compared to prices of comparable virgin
products also vary. In many cases,
recycled products may be less expensive
than their virgin counterparts. In other
cases, virgin products may have lower
prices than recycled products. However,
other factors can also affect the price of
virgin products. For example, temporary
fluctuations in the overall economy can
create oversupplies of virgin products,
leading to a decrease in prices for these
items. Therefore, while price is a
consideration, in most cases, it is not a
determining factor when selecting items
for designation. It becomes a
determining factor only when EPA
obtains evidence that the relative price
of an item with recovered materials
content is significantly higher than the
relative price of a comparable virgin
product. For this reason, EPA did not
address price in the individual item
designation discussions presented in
sections VQI-XV of this preamble.
EPA also considered the feasibility of
designating experimental or
developmental products containing
recovered materials. In the Agency's
experience, such designations do not
result in Federal procurement of
products containing recovered
materials, because the items are not
reasonably available, or there is only
one source; this leads to an
unsatisfactory level of competition. For
this reason, EPA does not intend to
designate experimental or
developmental products until it can be
shown that they meet all of EPA's
selection criteria, as described above.
(For additional discussion of
designating experimental and
developmental products, see EPA's
comments on General Accounting Office
Report No. B-251080, "Solid Waste:
Federal Program to Buy Products with
Recovered Materials Proceeds Slowly.")
E. Methodology for Selecting Items for
Designation
As described in section H.C.2,
Executive Order 12873 directs EPA to
propose a Comprehensive Procurement
Guideline and related Recovered
Materials Advisory Notice. This section
explains the methodology EPA used to
select items for designation and the
rationale used to develop the
recommended recovered materials
content levels for the items proposed for
designation in today's CPG. The
recommended recovered materials
content levels can be found in the
related RMAN, which also appears in
today's Federal Register.
1. Selection of Items for Designation
EPA began its efforts to develop the
CPG and RMAN by first creating an
interagency working group consisting of
technical, research and development,
environmental, and procurement
officials from several of the major
Federal purchasing agencies.
The Agency then compiled a broad
list of potential products made from
recovered materials. In developing this
list, EPA initially consulted publicly-
available sources of information
including the "Official Recycled
Products Guide," GSA's "Recycled
Products Guide," the McDonald's
Corporation's "McRecycle® Database,"
and over 50 other information sources.
To this list, EPA added items which,
prior to the issuance of the Executive
Order, EPA considered designating (i.e.,
fiberboard, hydraulic mulch, plastic
pipe, geotextiles, and compost). EPA
next distributed its broad list of
candidate items to the working group
for review and evaluation. Working
group representatives, based on their
experiences in setting product
specifications and their knowledge of
the marketplace and the procurement
practices of their respective agencies,
identified other items to be added to the
candidate list of products. Finally,
based on a review of publicly-available
information, EPA's own product
research, and input from the working
group, EPA developed a final candidate
list.
Next, for each item on the final
candidate list, EPA considered the
following questions that relate to the
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key criteria described previously in
section n.D:
(1) Use of Materials in Solid Waste:
• Is the item made using a material
that represents a significant portion of
the solid waste stream or presents a
solid waste disposal problem?
(2) Economic and Technological
Feasibility and Performance:
• Does the item perform as well as
necessary to meet a procuring agency's
needs?
• Are there standards or
specifications that would enable a
procuring agency to buy the item
containing recovered materials?
* Is the item available at a reasonable
grico considering normal market
uctuations?
(3) Impact of Government
Procurement:
• Is the item purchased in
appreciable quantities by the Federal
government or by State and local
governments?
(4) Availability and Competition:
• Is the item available from an
adequate number of sources to ensure
competition?
• Is the item generally available,
rather than available in a limited market
area?
For each item meeting one or more of
these key criteria, EPA sought
additional information and conducted
further analyses to determine whether
the item met all or most of the
remaining criteria. For some items, EPA
was unable to obtain sufficient
information to determine if all or most
of the criteria were met. These products
are still under investigation at this time.
Thus, based on product reviews and
additional analyses, EPA developed
three product lists:
(1) A list of items that EPA is
proposing for designation in today's
Federal Register,
(2) A list of items that might be
designated in the near future pending
receipt of additional information and
further review, and
(3) A list of items that EPA
determined cannot be designated at this
time because of limited availability,
unreasonable price, or the inability of
manufacturers at this time to produce
these items with recovered materials
content.
The items in the first list are
discussed in detail in sections Vffl—XV
of today's preamble. The second list,
those that may be designated pending
the receipt of additional relevant
information, is presented in section XVI.
The third list, those that cannot be
designated at this time, is presented in
section XVin, along with a brief
explanation of the basis for EPA's
determination that the item cannot be
designated at this time.
2. Recommended Recovered Materials
Content Levels
For most of the item designations
proposed today, EPA is proposing
recommended recovered materials
content levels. These recommendations
are contained in the RMAN, which is
also published in today's Federal
Register. The purpose of the
recommendations is to assist procuring
agencies in fulfilling their obligations
under RCRA section 6002 and Executive
Order 12873 to purchase designated
items composed of the highest
percentages of recovered materials
practicable. To determine the
percentages of recovered materials
contained in the proposed items, EPA
identified and evaluated pertinent data
sources and information. First, for the
items EPA previously considered for
designation, EPA reviewed the
previously-gathered data. EPA also
gathered and evaluated publicly-
available information and information
provided by other Federal agencies.
Additionally, in the case of items
considered for designation subsequent
to issuance of the Executive Order, EPA
reviewed and evaluated information
obtained from product manufacturers.
Based on this information, EPA
established a range of recovered
materials content levels within which
each of the designated items is
available. In establishing the range,
EPA's objective was to ensure the
availability of the item, while
challenging manufacturers to increase
their use of recovered materials.
EPA believes that a range of content
levels is appropriate at this time for
three reasons. First, EPA has only
limited information on recovered
materials content levels for the newly-
designated items. Second, rather than
being purchased centrally, many of the
newly-designated items will be
purchased locally, meaning that the
recovered materials content of these
designated items is likely to vary
substantially, making it problematic to
recommend a single content level at this
time. Third, the Executive Order directs
EPA to propose a Recovered Materials
Advisory Notice that presents "the
range of recovered materials content
levels within which the designated
recycled items are currently available."
In recommending a range, EPA believes
that it is providing sufficient
information to enable procuring
agencies to set appropriate procurement
specifications when purchasing newly-
designated items.
It is EPA's intention to provide
procuring agencies with the best and
most current information available to
assist them in fulfilling their statutory
obligations under RCRA section 6002.
To do this, EPA will monitor the
progress made by procuring agencies in
purchasing designated items with the
highest recovered materials content
practicable and revise the recommended
content ranges accordingly. Revisions to
recovered materials content ranges will
be published in a RMAN. EPA
anticipates that, over time, the
recommended ranges will narrow.
Today, EPA also proposes to increase
the recommended recovered materials
content level for rock wool insulation
and add recommended content levels
for fiberglass insulation. Both items
were designated in the existing building
insulation guideline. In the existing
procurement guidelines, EPA
recommended a single content level for
each designated item. When proposing
changes to these recommendations
today, in those instances where there is
sufficient information on current
manufacturing practices to determine
that a single recovered materials content
level is appropriate (e.g., rock wool
insulation), EPA will propose one. In
other instances, EPA will recommend a
range of recovered materials content
levels (e.g., for fiberglass insulation).
3. Updates of the CPG and RMAN
Section 502 of Executive Order 12873
directs EPA to quickly propose a list of
items that are available with recovered
materials content and to recommend
recovered materials content levels for
these items. As described above, EPA
relied on a streamlined process for
conducting research and obtaining
product information. To meet the 180-
day deadline, EPA determined that it
would be necessary to rely on
information already in its possession or
readily available. Therefore, EPA
focused its efforts on obtaining publicly-
available information, and information
that EPA could quickly obtain from
other Federal agencies.
The E.O. requires EPA to update the
CPG annually. EPA will also update the
RMAN periodically to reflect changes in
market conditions. The Agency will
establish a process for the public to
suggest items for consideration and to
provide information on products made
from recovered materials. EPA intends
to issue a Federal Register notice that
will describe this process and provide
information on how the public can
participate. Today, the Agency is
soliciting options for increasing public
participation in developing the updates
of the CPG and the RMAN.
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F. Request for Comments
EPA requests information and
comment throughout this preamble. In
general, the Agency is requesting
comments on: (1) The items selected for
designation in sections VIII-XV; (2) the
items selected for potential future
designation as listed in section XVI; and
(3) the accuracy of the information
presented in the item designations
themselves. Requests for specific
comments and information are included
in the narrative discussions for each of
the designated items, which follow in
sections VIH-XV.
In addition to the proposed CPG, EPA
is requesting comment on a draft
RMAN. The RMAN, which can be found
in the notice section of today's Federal
Register, recommends recovered
materials content levels or ranges of
levels and methods of procuring each of
the items EPA is proposing to designate.
m. Consolidation of Procurement
Guidelines Into 40 CFR Part 247
Currently, EPA's five existing
procurement guidelines are codified in
40 CFR parts 248, 249, 250, 252, and
253. In addition, 40 CFR part 247
contains general guidance for
purchasing products containing
recovered materials; however, part 247
pre-dates the 1984 amendments to
RCRA and, therefore, does not address
the statutory provisions requiring
agencies to establish affirmative
procurement programs.
Today, EPA proposes to delete the
outdated general guidance in part 247
and to consolidate the existing five
guidelines and new item designations
into a new part 247. The proposed new
part 247, Comprehensive Procurement
Guideline, will contain two subparts:
Subpart A—General, which will include
the requirements of RCRA section 6002
and definitions, and Subpart B—Item
Designations. This consolidation will
allow EPA to: (1) Specify the statutory
requirements once, instead of repeating
them in each individual guideline, (2)
define all applicable terms in one
subpart, instead of in each individual
guideline, and (3) provide procuring
agencies with one, central list of the
designated products. Consolidating
these provisions into one Part will make
them easier for procuring agencies to
locate and use. In addition, each of the
five existing guidelines contains general
sections addressing its purpose, scope,
and applicability. The applicability
sections of the guidelines do not contain
identical text, which has created
confusion among procuring agencies. By
consolidating the procurement
guidelines into one part, EPA will be
avoiding duplication and ambiguity.
RCRA section 6002 and Executive
Order 12873 require agencies to
establish affirmative procurement
programs for items designated by EPA.
In addition, section 6002 requires
agencies to review their specifications
for designated items and revise them as
necessary to permit the use of recovered
materials to die maximum extent
practicable. These requirements have
been explained in each of EPA's earlier
guidelines and will be found in subpart
A of the proposed part 247. Subpart A
also will contain applicable definitions
found in RCRA, definitions used in the
five existing procurement guidelines,
and definitions for the items that EPA
proposes to designate today. Subpart B
will contain EPA's designated list of
items that are or can be made with
recovered materials. The items will be
grouped into eight product categories:
paper and paper products, vehicular
products, construction products,
transportation products, park and
recreation products, landscaping
products, non-paper office products,
and miscellaneous products. The first
category will contain the existing
.designation of paper and paper
products, while the existing
designations of lubricating oil
containing re-refined oil and retread
tires will be found in the vehicular
products category, and the construction
products category will include the
existing designations of cement and
concrete containing fly ash and building
insulation products containing
recovered materials.
While this proposal includes both
existing and new designations and
existing and new definitions, EPA is
specifically requesting comment on the
proposed framework of part 247 and the
proposed item designations and
definitions. The existing designations
and definitions were included today for
convenience, to enable the reader to see
all of the contents of the proposed new
part. It is not EPA's intent to re-examine
the existing provisions.
The following sections of the
preamble discuss each of the sections of
the proposed part 247. They indicate
which provisions are consolidations of
the existing procurement guidelines and
which sections are proposed additions.
IV. Purpose, Scope, and Applicability
Subpart A of proposed part 247 is
primarily a consolidation of the general
provisions of the five existing
guidelines. As discussed in the previous
section of the preamble, it is not EPA's .
intent to use today's proposal to re-
examine the existing guidelines.
Instead, these provisions are included in
proposed part 247 for the convenience
of the reader. In the following
discussion, EPA discusses the
provisions of subpart A, identifying
which regulatory provisions and
preamble discussions are repeated from
earlier procurement guidelines and
which are new provisions for which
EPA requests comment.
A. Purpose and Scope
Proposed § 247.1 is primarily a
consolidation of the purpose and scope
sections of the five existing procurement
guidelines. In addition, paragraph (b)
references the Recovered Materials
Advisory Notice, consistent with the
procurement guidelines process being
implemented today.
B. Applicability
Proposed § 247.2 is a consolidation of
the applicability sections of the five
existing procurement guidelines. This
section of the preamble addresses who
is a "procuring agency" and to which
purchases the statutory requirements
apply. Most of the following discussion
is repeated from the preambles of the
five existing procurement guidelines for
the convenience of the reader. The only
change is in subsection 2, which is new
and responds to concerns raised by
other Federal agencies regarding the
applicability of RCRA section 6002 to
private party recipients of Federal
monies other than through contracts.
1. Statutory Provisions
Many of the requirements of RCRA
section 6002 apply to "procuring
agencies," which are defined in RCRA
section 1004(17) as "any Federal
agency, or any State agency or agency of
a political subdivision of a State that is
using appropriated Federal funds for
such procurement, or any person
contracting with any such agency with
respect to work performed under such
contract." Under the statute,
responsibility for complying with RCRA
section 6002 rests with each individual
procuring agency.
Under RCRA section 6002(a), the
procurement requirements apply to any
purchase by procuring agencies of an
item costing more than $10,000 or when
the procuring agencies purchased
$10,000 worth of the item or of
functionally equivalent items during the
preceding fiscal year. The requirements
apply to both direct and indirect
purchases.
2. Who is a Procuring Agency?
The statutory definition of procuring
agency identifies three types of
"agencies": (1) Federal agencies, (2)
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18863
State or local agencies using
appropriated Federal funds, and (3)
contractors. Based on the statutory
language, EPA believes that government
agencies and their contractors are
"procuring agencies," but private
recipients of Federal funds other than
through contracts are not procuring
agencies and, therefore, are not subject
to RCRA section 6002.
EPA concluded that, under the
statutory definition, Federal agencies
are always procuring agencies because
the requirements of RCRA section 6002
apply to Federal agencies whether or
not appropriated Federal funds are used
for procurement of designated items. It
should be noted, however, that the
requirements of section 6002 apply only
when Federal agencies procure
designated items. The statutory
requirements do not apply to Federal
agencies when they simply disburse
funds to State or local agencies because,
in that instance, the Federal agencies are
not purchasing or acquiring anything. In
this case, the State or local agencies are
procuring agencies and must comply
with these guidelines if they use the
appropriated Federal funds for
procurement of designated items.
The statutory definition of procuring
agency also includes any person
contracting with the defined Federal,
State, or local agencies. A contractor is
a "procuring agency" and subject to
section 6002 when procuring designated
items for work performed under
contracts with Federal agencies, or
contracts with State and local agencies
where appropriated Federal funds are
used.
Because RCRA is explicit in
identifying only government agencies
and their contractors as "procuring
agencies," EPA concluded that private
party recipients (e.g., non-profit
organizations, individuals) of Federal
loans, grants, or funds under a
cooperative agreement are not procuring
agencies. This is true whether die
originator of the grant, loan, or
cooperative agreement is a Federal
agency or a State or local agency
recipient of Federal funds. In proposed
§ 247.2, EPA is adding a new
subparagraph (c)(2) regarding private
party recipients of Federal funds to
reflect this revised interpretation of
RCRA section 6002. EPA requests
comment on this interpretation.
3. To Which Purchases Does Section
6002 Apply?
As previously noted, the following
discussion is a consolidation of similar
discussions in the existing procurement
guidelines and is included for the
convenience of the reader.
Purchases made as a result of a
solicitation by procuring agencies for
their own general use or that of other
agencies (e.g., purchases by GSA's
Federal Supply Service) are "direct"
purchases. Purchases of items as part of
a contract are also "direct" purchases.
The definition of "procuring agency"
makes it clear that the requirements of
section 6002 also apply to "indirect
purchases," i.e., purchases by a State or
local agency using appropriated Federal
funds or, in some instances, its
contractors. In other words, section
6002 applies to purchases of designated
items meeting the $10,000 threshold
made by States, political subdivisions of
States, or their contractors.
However, the guideline does not
apply to such purchases if they are
unrelated to or incidental to the Federal
funding, i.e., not the direct result of the
grant, loan, or funds disbursement. For
example, if an entity has a Federal grant
or contract to do research and builds or
expands a laboratory to conduct the
research, the construction is incidental
to the grant or contract, as is the
purchase of construction materials.
The guideline applies whenever
Federal monies, including block grants,
are used, whether or not they are
commingled with non-Federal funds.
4. What is the $10,000 Threshold?
As previously noted, the following
discussion is a consolidation of similar
discussions in the existing procurement
guidelines and is included for the
convenience of the reader.
RCRA section 6002(a) provides that
the procurement requirements of the
statute apply: (1) When the purchase
price of an item exceeds $10,000 or (2)
when the quantity of such items or of
functionally equivalent items purchased
during the preceding fiscal-year was
$10,000 or more. Thus, RCRA section
6002 clearly sets out a two-step
procedure for determining whether the
$10,000 threshold has been reached.
First, procuring agencies must
determine whether they purchased
$10,000 worth of a designated item or
functionally equivalent items during the
preceding fiscal year. If so, the
requirements of section 6002 apply to
all purchases of these items occurring in
the current fiscal year. Second, if the
procuring agencies did not procure
$10,000 worth of a designated item
during the preceding fiscal year, they
are not subject to RCRA section 6002
unless, in the current fiscal year, they
make a purchase of the item exceeding
$10,000. The requirements of RCRA
section 6002 then apply to the $10,000
purchase of the designated item; to all
subsequent purchases of the item made
during the current fiscal year, regardless
of size; and to all procurements of the
designated item made in the following
fiscal year.
Section 6002(a) does not specify that
the procurement requirements are
triggered when the aggregate quantity of
items purchased during the current
fiscal year is $10,000 or more.
Therefore, EPA does not believe that
Congress intended to require procuring
agencies to keep a running tally during
the year of procurements of designated
items. Maintaining such a running tally
would be very burdensome. Rather,
procuring agencies need only compute
their total procurements of a designated
item once at the end of the fiscal year
and only if they intend to claim an
exemption from the requirements of
RCRA section 6002 in the following
fiscal year.
Finally, Federal agencies should note
that the requirements of RCRA section
6002 apply to each Federal agency as a
whole. This point is particularly
important in determining whether the
$10,000 threshold has been reached.
During each fiscal year, each major
Federal agency as a whole, purchases, or
causes the purchase of, more than
$10,000 worth of many of the
designated items. Therefore, the
requirements of section 6002 will apply
to all procurements of these items by
these agencies and their subunits.
V. Definitions
Most of the definitions found in
§ 247.3 are the same as those used in the
five existing procurement guidelines.
The terms "recovered materials,"
"procuring agency," "person," and
"Federal agency" are defined the same
as in RCRA. "Postconsumer material" is
defined as in Executive Order 12873,
while "Postconsumer paper" has the
same definition as currently provided in
EPA's paper procurement guideline.
Other terms are standard industry or
purchasing definitions (e.g., purchasing,
purchasing activities, Commercial Item
Description, Invitation for Bid, Request
for Proposal, specification). EPA
requested comment on these definitions
and the definition of "practicable"
during the development of the existing
five procurement guidelines and,
therefore, is not requesting comment on
them today.
EPA is proposing to add the following
item-specific new terms: fittings,
geotextiles, hydraulic mulch,
hydroseeding, laminated paperboard,
plastic pipe and fittings, and structural
fiberboard. They are based on industry
definitions, including ASTM or other
standard specifications, or represent
descriptions of the scope of items being
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designated. EPA specifically requests
comment on each of these definitions.
VI. The Affirmative Procurement
Program
Within one year after EPA designates
an item, RCRA section 6002(i) requires
each procuring agency purchasing more
than $10,000 of that item, or
functionally equivalent items, in a fiscal
year to establish an affirmative
procurement program for that item.
("Procuring agency" is discussed in
section IV.B.2; $10,000 threshold and
functionally equivalent are discussed in
section IV.B.4) section 402 of Executive
Order 12873 reinforces this requirement
and further provides that Executive
agencies "shall ensure that their
affirmative procurement programs
require that 100 percent of their
purchases of products meet or exceed
the EPA guideline standards,"
considering the limitations set forth in
section 6002(c)(l) (A) through (C) (i.e.,
competition, price, availability, and
performance). As described in section
II.E.2, EPA is proposing, in a Recovered
Materials Advisory Notice,
recommended recovered materials
content levels within which the
designated items are available. These
content levels, referred to as
"standards" in section 402 of the
Executive Order, are proposed in the
RMAN that also appears in today's
Federal Register.
An affirmative procurement program
is an agency's strategy for maximizing
its purchases of an EPA-designated
item. The affirmative procurement
program should be developed in a
manner that assures that items
composed of recovered materials are
purchased to the maximum extent
practicable consistent with Federal
procurement law. RCRA section 6002(i)
requires that, at a minimum, an
affirmative procurement program
consist of four elements: (1) A
preference program; (2) a promotion
program; (3) procedures for obtaining
estimates and certifications of recovered
materials content and, where
appropriate, reasonably verifying those
estimates and certifications; and (4)
procedures for monitoring and annually
reviewing the effectiveness of the
affirmative procurement program. In
addition, section 402 of Executive Order
12873 requires an agency affirmative
procurement program to encourage the
electronic transfer of documents, the
two-sided printing of government
documents, and the inclusion of
provisions in contracts, grants, and
cooperative agreements that require
documents to be printed two-sided on
recycled paper.
In previous guidelines, EPA
recommended that specific actions be
taken by requesting officials, contracting
officers, and architects and engineers
when purchasing designated items. In
consulting with acquisition policy and
requirements officials from several
major Federal agencies, EPA determined
that these item-specific
recommendations did not provide
enough flexibility for procuring agencies
to determine the appropriate delineation
of responsibilities for implementing the
requirements of RCRA section 6002.
Based on this information and because
of the broad array of products proposed
for designation hi today's rule, EPA will
no longer make specific
recommendations for individuals within
an agency to implement the
requirements of RCRA section 6002 and
Executive Order 12873. Instead, EPA is
recommending that the Environmental
Executive within each major procuring
agency take the lead in developing the
agency's affirmative procurement
program and in implementing the
requirements set forth in this CPG. This
recommendation is consistent with the
basic responsibilities of an Agency
Environmental Executive as described
in sections 302 and 402 of Executive
Order 12873. Section 302 charges each
Agency Environmental Executive with
coordinating all environmental
programs in the areas of acquisition,
standard and specification revision,
facilities management, waste
prevention, recycling, and logistics.
Section 402(c) of the E.O. further
requires each Agency Environmental
Executive to track and report, to the
Federal Environmental Executive,
agency purchases of EPA-designated
items. In the absence of such an
individual, EPA recommends that the
head of the implementing agency
appoint an individual who will be
responsible for ensuring the agency's
compliance with RCRA section 6002
and Executive Order 12873.
RCRA and the Executive Order
require procuring agencies to establish
affirmative procurement programs for
each item EPA designates. In fulfilling
this requirement, EPA recommends that
each agency develop one
comprehensive affirmative procurement
program with a structure that provides
for the integration of new items as they
are designated. EPA encourages
agencies to implement preference
programs for non-designated items as
well, in order to maximize their
purchases of recycled products and
foster markets for recovered materials.
A. Specifications
RCRA section 6002(d)(l) requires
Federal agencies responsible for drafting
and reviewing specifications for
procurement items purchased by
Federal agencies to review and revise
then1 specifications and remove
requirements specifying virgin materials
only or excluding the use of recovered
materials. This revision process should
have been completed by May 8,1986.
For items designated by EPA, section
6002(d)(2) directs Federal agencies to
revise their specifications to require the
use of recovered materials to the
maximum extent possible without
jeopardizing then- intended end-use. For
the items previously designated by EPA
(i.e., paper and paper products, re-
refined lubricating oil, retread tires,
building insulation, and cement and
concrete containing fly ash), procuring
agencies were required to have
completed their revisions within one
year of each item designation. For items
proposed for designation in today's
CPG, agencies must complete these
revisions within one year after the date
of publication of the final CPG, as
required by RCRA section 6002(d)(2).
As discussed in section II.C.2,
sections 501, 504, 505, and 506 of
Executive Order 12873 also address
Federal specification requirements.
Section 501 of the Order requires
Executive agencies to review and revise
their specifications, product
descriptions, and standards to enhance
Federal procurement of products
containing recovered materials. When
agencies convert to Commercial Item
Descriptions, they are required to ensure
that the Commercial Item Descriptions
meet or exceed the recovered materials
requirements in the specifications or
product descriptions they replace.
Section 505 requires the General
Services Administration and other
Executive agencies to revise their paper
specifications to eliminate barriers,
unrelated to performance, to purchasing
paper or paper products made by
production processes that minimize
emissions of harmful by-products.
Section 504 requires Executive agency
heads to purchase uncoated printing
and writing paper with a minimum of
20 percent postconsumer content
beginning December 31,1994, and 30
percent postconsumer content
beginning December 31,1998. In lieu of
these postconsumer content levels for
paper, Section 504(c) of the Order
allows Executive agencies, under
specific circumstances, to purchase
printing and writing paper that contains
50 percent recovered materials. The
levels contained in the Executive Order
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replace the corresponding standards
now contained in the paper guideline.
In the next several months, EPA intends
to issue a draft RMAN which will
contain revisions to EPA's
recommended recovered materials
content levels for paper and paper
products. The draft RMAN will
incorporate the recovered materials
content levels required in the Executive
Order. Executive agencies should note,
however, that, beginning December 31,
1994, the standards in the Executive
Order are applicable to their paper
purchases even if EPA does not
incorporate them into the paper
guideline.
Section 506 reiterates the
requirements in the procurement
guidelines for re-refined lubricating oil
and retread tires. This section
specifically requires commodity
managers for tires and lubricating oils to
finalize their specification revisions for
those products, to develop and issue
specifications for tire retreading
services, and to take affirmative steps to
procure these items. It also requires fleet
managers to take affirmative steps to
procure retread tires and re-refined oil
once they become available.
B. Preference Program
A preference program is the system by
which an agency implements its stated
"preference" for purchasing products
containing recovered materials. RCRA
section 6002(i)(3) requires procuring
agencies to consider the following
options when implementing their
preference programs: minimum content
standards, case-by-case policy
development, or a substantially
equivalent alternative.
To assist procuring agencies in
establishing their preference programs,
when EPA designates an item, it
examines these statutory options and
recommends the approach it believes to
be the most effective for purchasing the
designated item. Procuring agencies
may elect either to adopt EPA's
recommended approach or to develop
their own approaches, provided that, in
accordance with section 402 of the
Executive Order, the selected approach
meets or exceeds EPA's recommended
approach. The approach that EPA
recommends for each of the items
designated in today's CFG is described
in the Recovered Materials Advisory
Notice which also appears in today's
Federal Register.
1. Minimum Content Standards
One approach that RCRA section
6002(i)(3) requires procuring agencies to
consider is the establishment of
minimum content standards. When a
procuring agency establishes a
minimum recovered materials content
standard for an item designated by EPA,
RCRA section 6002(i)(3)(B) requires the
procuring agency to assure that its
standard requires the maximum amount
of recovered materials content available
for that item, without jeopardizing the
intended end use of the item.
To assist procuring agencies with
establishing their minimum content
standards, EPA recommends recovered
materials content levels, where
appropriate, for most of the items it
designates. EPA notes that under RCRA
section 6002(i), it is the procuring
agency's responsibility to establish
minimum content standards, while EPA
provides recommendations regarding
the levels of recovered materials in the
designated items. To make it clear that
EPA does not establish minimum
content standards for other agencies,
EPA will no longer refer to its
recommendations as "minimum content
standards," as was done in previous
guidelines. Instead, EPA will refer to its
recommendations as "recovered
materials content levels," consistent
with RCRA section 6002(e) and
Executive Order 12873.
EPA also notes a change in its
approach to establishing recovered
materials content levels. For items
designated hi previous guidelines, with
the exception of retread tires, EPA
recommended single number recovered
materials content levels that represented
the national minimum levels for
procuring agencies to use when
requesting designated items.
Henceforth, EPA is recommending
recovered materials content ranges
within which the items are available.
EPA recommends that procuring
agencies use these ranges, in
conjunction with their own research
into the recovered materials content of
items available to them, to establish
then* minimum content standards. In
some instances, EPA will recommend
one level (e.g., 100 percent recovered
materials), rather than a range, because
the item is universally available at the
recommended level. The methodology
that EPA uses to establish recovered
materials content ranges for the items
that the Agency designates is described
in section HE. The recommended
recovered materials content levels for
the items proposed for designation in
this CPG can be found in the RMAN
which also appears in today's Federal
Register.
2. Case-by-Case Policy Development
A second approach that RCRA section
6002(i)(3) requires procuring agencies to
consider is case-by-case policy
development. RCRA section
6002(i)(3)(A) describes case-by-case
policy development as "a policy of
awarding contracts to the vendor
offering an item composed of the
nignest percentage ot recovered
materials practicable," subject to the
limitations of RCRA section 6002(c)(l)
(A) through (C) (i.e., competition, price,
availability, and performance). The
case-by-case approach is appropriate
where a procuring agency determines
that the minimum content standard it
has established for a particular
designated item is not appropriate for a
specific procurement action (i.e., the
procuring agency is unable to acquire
the item within the limitations
described in RCRA section 6002(c)(l)
(A) through (C)). The case-by-case
approach allows a procuring agency to
specify different (usually lower)
minimum content standards for specific
procurement actions, while still
ensuring that the agency fulfills its
responsibility to procure the designated
item containing the highest amount of
recovered materials practicable.
This approach is not intended to
obviate the need for an agency
minimum recovered materials content
standard. It should be applied to
singular procurement actions only
where the agency's minimum content
standard is unattainable. If a procuring
agency determines that it is consistently
unable to procure an EPA-designated
item using the minimum content
standard it establishes, then the agency
should evaluate its needs and adjust its
content standard accordingly.
3. Substantially Equivalent Alternative
A third approach that RCRA section
6002(i)(3) requires procuring agencies to
consider is a substantially equivalent
alternative to minimum content
standards and case-by-case policy
development. For some items, the use of
minimum content standards is
inappropriate because the product is
remanufactured, reconditioned, or
rebuilt (e.g., remanufactured toner
cartridges). In these instances, EPA will
recommend that procuring agencies use
a substantially equivalent alternative.
For example, as discussed in the draft
RMAN which also appears in today's
Federal Register, in the case of toner
cartridges, EPA recommends that
procuring agencies establish a two-
pronged program consisting of: (1)
Remanufacturing their expended toner
cartridges and (2) purchasing
remanufactured toner cartridges when
new cartridges are needed. Minimum
content standards are inapplicable
because the recovered material is the
expended toner cartridge, rather than
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the individual components used to
produce a new cartridge.
4. Requirements for Contractors and
Grantees
Government contractors and State and
local government agency recipients of
appropriated Federal funds, including
assistance funds, are also subject to the
requirements of RCRA section 6002.
These requirements are applicable
where the contractor or state or local
government agency uses $10,000 of
appropriated Federal funds, or used
$10,000 or more of appropriated Federal
funds the previous year, to purchase an
EPA-designated item. Section IV.B.2
describes the applicability of RCRA
section 6002 to government contractors
and state and local governments in
further detail.
5. Exceptions
A procuring agency may not always
be able to purchase a designated item
with recovered materials content. RCRA
section 6002(c)(l) allows a procuring
agency to except its purchase of an EPA-
designated item with recovered
materials content based on the following
determinations:
(1) The agency is unable to secure a
satisfactory level of competition.
(2) The item is not reasonably
available within a reasonable period of
time.
(3) The item fails to meet the
performance standards set forth in the
agency's specification.
(4) The item is available only at an
unreasonable price. •
Section 402 of Executive Order 12873
further requires that, if a procuring
agency waives its requirement to
purchase an EPA-designated item with
recovered materials content, it must
provide a written justification
specifying one or more of the exceptions
listed above.
C. Promotion Program
RCRA section 6002(i)(2)(B) requires
each procuring agency to adopt a
program to promot* its preference to
buy EPA-designated items with
recovered materials content. The
promotion component of the affirmative
procurement program educates staff and
notifies an agency's current and
potential vendors, suppliers, and
contractors of the agency's intention to
buy recycled products.
hi the previous guidelines, EPA
targeted its recommendations for
promoting the affirmative procurement
program at the agency's vendors and
contractors. EPA has determined that
the education of an agency's employees
is also an important part of the
promotion program. Therefore, EPA
believes that an agency's promotion
program should consist of two
components: An internal promotion
program and an external promotion
program.
1. Internal Promotion
There are several methods that
procuring agencies can use to educate
their employees about their affirmative
procurement programs. These methods
include preparing and distributing
agency affirmative procurement
policies, publishing articles in agency
newsletters and publications, including
discussions of an agency's affirmative
procurement program in staff and
technical manuals, and conducting
workshops and training sessions to
educate employees about their
responsibilities under an agency's
affirmative procurement program.
2. External Promotion
Methods for educating existing
contractors and potential bidders of an
agency's preference to purchase
products containing recovered materials
include publishing articles in
appropriate trade publications,
participating in vendor shows and trade
fairs, placing statements in solicitations,
and discussing an agency's affirmative
procurement program at bidders'
conferences.
D. Estimation, Certification, and
Verification
RCRA section 6002(i)(2)(C) requires
the affirmative procurement program to
include procedures for estimating,
certifying, and, where appropriate,
reasonably verifying the amount of
recovered materials content utilized in
the performance of a contract. RCRA
section 6002(c)(3) further provides "the
contracting officer shall require that
vendors: (A) Certify that the percentage
of recovered materials to be used in the
performance of the contract will be at
least the amount required by applicable
specifications or other contractual
requirements and (B) estimate the
percentage of the total material utilized
for the performance of the contract
which is recovered materials."
E. Procedures to Monitor and Review the
Procurement Program
Procuring agencies should monitor
their affirmative procurement programs
to ensure that they are fulfilling their
requirements to purchase items
composed of recovered materials to the
maximum extent practicable. RCRA
section 6002(i)(2)(D) requires the
affirmative procurement program to
include procedures for annually
reviewing and monitoring the
effectiveness of an agency's affirmative
procurement program. Section 402 of
Executive Order 12873 requires the
Environmental Executive of each
Executive agency fc6 track and report on
agency purchases of EPA-designated
items. Additionally, RCRA section
6002(g) requires the Office of Federal
Procurement Policy (OFPP) to submit a
report to Congress every two years on
actions taken by Federal agencies to
implement the affirmative procurement
requirements of the statute. Also,
section 301 of Executive Order 12873
requires the Federal Environmental
Executive to submit a report annually, at
the time of agency budget submission,
to the Office of Management and Budget
(OMB) on Executive agency compliance
with the Order, hi order to fulfill their
responsibilities, EPA anticipates that the
Federal Environmental Executive and
OFPP will request information from
appropriate agencies on their affirmative
procurement practices. Therefore, it is
important for agencies to monitor their
affirmative procurement programs to
ensure compliance with RCRA section
6002 and Executive Order 12873.
hi order to comply with the Executive
Order, agencies will need to evaluate
their purchases of products made with
recovered materials content. This will
also allow them to establish benchmarks
from which progress can be assessed. To
evaluate their procurements of products
containing recovered materials,
procuring agencies may choose to
collect data on the following:
(1) The percentages of recovered
materials content in the items procured
or offered;
(2) Comparative price information on
competitive procurements;
(3) The quantity of each item
procured over a fiscal year;
(4) The availability of each item with
recovered materials content; and
(5) Performance information related to
recovered materials content of an item.
EPA recognizes that a procuring
agency may be unable to obtain accurate
data for all items designated by EPA.
However, EPA believes that estimates
will be sufficient to determine the
overall effectiveness of an agency's
affirmative procurement program. In the
cost estimates for this proposal, EPA
estimates that Federal agencies will
spend an average of 10 hours per
product per year to perform
recordkeeping and reporting tasks
associated with this affirmative
procurement program requirement and
potential information requests from
EPA, OMB, and the Federal
Environmental Executive.
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18867
VII. Proposed Categories of Item
Designations
To organize the products that EPA
selected for designation, we developed
the following product categories: Paper
and office paper, vehicular,
construction, transportation, park and
recreation, landscaping, non-paper
office, and miscellaneous. The
categories were developed to describe
the application of each designated item.
• Paper and Office Paper Products—
as defined in 40 CFR 250.4(aa). This
category does not include paper and
paper products used in construction
applications.
• Vehicular Products—products used
in repairing and maintaining
automobiles, trucks, and other vehicles.
Examples of vehicular products include
lubricants, bumpers, mud flaps, and
engine coolant.
• Construction Products—products
used in constructing roads and the
interior and exterior components of
commercial and residential buildings.
• Transportation Products—products
used for directing traffic, alerting
drivers, and containing roadway noise
and pollution. Examples of
transportation products include safety
cones, traffic signs, and sound barriers.
• Park and Recreation Products—
products used in operating and
maintaining parks and recreational
areas. Examples of park and recreation
products include playground equipment
and running tracks.
• Landscaping Products—products
used to contain, maintain, or enhance
decorative and protective vegetation or
areas surrounding buildings and
roadways. Examples of landscaping
products include compost, garden
implements, and landscape timbers.
• Non-Paper Office Products—
equipment and accessories used by
government agencies and businesses to
perform daily operational and
administrative functions of an office.
Examples of non-paper office products
include toner cartridges, desktop
accessories, and waste receptacles.
• Miscellaneous Products—includes
all other products not covered by the
categories listed above.
VIII. Paper and Paper Products
As previously discussed, EPA issued
a paper procurement guideline in 1988.
The guideline establishes recovered
materials content levels for various
paper products, including printing and
writing paper. In addition, section 504
of Executive Order 12873 establishes
minimum content standards for
specified uncoated printing and writing
papers purchased by Federal executive
agencies. These standards replace the
corresponding standards in the paper
guideline.
In today's proposed CPG, EPA
includes the existing paper and paper
products designation and related
definitions only for purposes of showing
readers what will be included in the
final CPG. In the draft Recovered
Materials Advisory Notice published
elsewhere in the Federal Register today,
however, EPA is not including revisions
to the existing recommended recovered
materials content levels for paper
products. In the next several months,
EPA intends to issue another draft
Recovered Materials Advisory Notice for
public comment. This additional draft
RMAN will incorporate the minimum
content standards established by the
Executive Order, amend the
recommended recovered materials
levels for other paper products, and
address a variety of issues that have
been raised as procuring agencies have
implemented affirmative procurement
programs for paper products containing
recovered materials. Federal executive
agencies should note, however, that,
beginning December 31,1994, the
standards in the Executive Order are
applicable to their paper purchases even
if EPA does not incorporate them into
the paper guideline.
IX. Vehicular Products
A. Re-Refined Lubricating Oil and
Retread Tires
EPA issued procurement guidelines
for re-refined lubricating oil and retread
tires in 1988. Proposed § 247.12 will
include the existing designations of
these two items and a new designation
of engine coolants. EPA is including the
existing designations and definitions of
re-refined lubricating oil and retread
tires in the proposed part 247 today
only for purposes of showing readers
where they will be placed in the new
CPG. EPA is not re-opening the item
designations or related definitions for
public comment.
B. Engine Coolants
1. Background
Engine coolant, also known as
antifreeze, is a necessary automotive
chemical. Engine coolants are
manufactured from one of two
chemicals: Ethylene glycol or propylene
glycol. Coolant additives are then added
to inhibit corrosion within the engine.
Spent engine coolants can be
reclaimed by removing contaminants
and breakdown products of the original
ingredients and replacing corrosion
inhibitors. Engine coolant reclamation
results in both waste reduction and
materials recovery benefits.
Engine coolant reclamation units are
readily available in a range of capacities
and prices. GSA offers engine coolant
reclamation units from three sources
through the New Item Introductory
Schedule program.
There is one potential impediment to
reclamation of engine coolants: the
mixing of the two types of engine
coolant, ethylene glycol and propylene
glycol. Propylene glycol-based engine
coolant has just recently been marketed
nationwide for consumer purchase.
Reclaimers will reject spent engine
coolants if they contain more than one
percent propylene glycol because it
interferes with reclamation of ethylene
glycol due to differences in the
chemistry of the two materials.
2. Rationale for Designation
EPA believes that engine coolant
satisfies the statutory criteria for
selecting items for designation.
a. Use of materials in solid waste. As
discussed above in section II.A,
significant quantities of spent engine
coolants require disposal annually, hi
some instances, spent engine coolant
can exhibit the toxicity characteristic of
hazardous waste by failing EPA's
Toxicity Characteristic Leaching
Procedure (TCLP). If a procuring agency
determines that its spent engine coolant
is a hazardous waste, it must manage
the engine coolant in accordance with
applicable Federal or state hazardous
waste management requirements,
including the generator requirements
found in 40 CFR Part 262 and the
requirements for recyclable materials
found in 40 CFR § 261.6. Because state
hazardous waste regulations generally
apply in lieu of the Federal regulations,
procuring agencies should contact their
state environmental agency (or, if the
state is not authorized, the appropriate
EPA Regional Office) for specific
information on applicable requirements.
b. Technically proven uses.
Reclamation of engine coolants is done
in one of two ways: filtration or
distillation. Data from both types of
reclamation strongly support the
designation of reclaimed engine
coolants. Both the Navy and the Postal
Service are reclaiming engine coolants
and have not encountered performance
problems with the reclaimed product.
The American Society for Testing and
Materials' (ASTM) D15 committee on
engine coolants has published standards
for reclaimed engine coolants (see
ASTM D 3306, D 4985).
c. Impact of government procurement.
Government agencies operate a large
number of vehicles. The Federal
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government alone, including the U.S.
Postal Service, operates a fleet of more
than 500,000 vehicles of all types:
passenger vehicles, light and heavy
trucks, buses, ambulances, off-road
vehicles, etc.
Military installations, die Postal
Service, and some Federal civilian
agencies have motor pools or vehicle
maintenance facilities at which vehicles
are serviced. The Navy informed EPA
that it established engine coolant
reclamation at some installations to
recover this material and reduce
liability if spent engine coolants were to
be mismanaged. Limited EPA research
revealed that one naval shipyard has
been able to recover 6,000 gallons of
engine coolant annually, resulting in a
cost savings of about $5 per gallon,
factoring in avoided disposal costs and
the cost of purchasing new engine
coolant. If all government agencies were
to establish engine coolant reclamation
programs, the potential recovery of used
engine coolant could be significant.
However, not all agencies have motor
pools or vehicle maintenance centers
where engine coolant recycling could be
established. In fact, maintenance of the
majority of the Federal civilian fleet
occurs at commercial service centers.
Nevertheless, EPA believes that it is
important to begin to establish engine
coolant reclamation programs
throughout the Federal fleet in order to
recover this material. EPA further
believes that state and local government
fleets and private sector fleets will
follow the Federal lead, thus reducing
the amount of engine coolants requiring
disposal each year.
3. Designation
Today, in § 247.12(c), EPA proposes
to designate reclaimed engine coolant as
an item that is or can be made with
recovered materials.
X. Construction Products
In proposed part 247, § 247.13
contains designations of the following
construction products: building
insulation, structural fiberboard and
laminated paperboard, plastic pipe and
fittings, geotextiles, cement and
concrete, carpet, and floor tiles and
patio blocks. The following subsections
discuss each of these items. EPA
previously designated building
insulation products and cement and
concrete containing fly ash in 1989 and
1983 procurement guidelines,
respectively. These designations are
included in § 247.13 (a) and (e) for the
convenience of the reader and,
therefore, EPA is not requesting
comment on them. However, as
explained in sections X.A and X.E
below, EPA today proposes to amend
the scope of these two item
designations.
A. Building Insulation Products
The 1989 building insulation
products procurement guideline
designated a variety of insulation
products, including loose-fill, blanket
and batt, board, and spray-in-place.
These products are made with a variety
of materials, including cellulose fiber,
mineral wool (fiberglass and rock wool),
perlite composite board, and plastic
foams. Today, in subparagraph (3) of
proposed § 247.13(a), EPA is proposing
to add structural fiberboard and
laminated paperboard products to the
list of board insulations. EPA discusses
these two products in section X.B below
and requests comment on adding them
to the building insulation products
designation.
Further, EPA notes that there has been
confusion about whether the 1989
procurement guideline included
fiberglass insulation, although it was
listed in the item designation under
both loose-fill and blanket and batt
insulations, because the Agency did not
recommend recovered materials content
levels for it. Procuring agencies should
note that an item is designated if it is
listed in the designation, whether or not
EPA recommends a recovered materials
level. Procuring agencies should further
note that, in the companion Recovered
Materials Advisory Notice published in
the Federal Register today, EPA is
recommending recovered materials
content levels for fiberglass insulation.
B. Structural Fiberboard and Laminated
Paperboard
1. Background
a. Prior proposal to designate
"cellulosic" fiberboard. In the proposal
to the building insulation products
procurement guideline (53 FR 29165,
August 2,1988), EPA proposed to
designate "cellulose fiberboard" and
recommend a recovered materials
content level of 50 percent
postconsumer recovered paper for this
item. Cellulose fiberboard was not
included in the final building insulation
guideline, because several questions
regarding definitions and recovered
materials content were unresolved.
Specifically, there are several
categories of fiberboard: particleboard,
medium density fiberboard, hardboard,
and structural fiberboard. Of these,
EPA's proposed "cellulose fiberboard"
is a type of structural fiberboard.
Because "structural fiberboards" have
both insulating and structural
applications, however, commenters
stated that it was unclear whether EPA
was proposing to include both
applications. They also stated that it
was unclear whether the proposed
guideline applied to laminated
paperboard, which also can be made
with recovered materials, because
structural fiberboard and laminated
paperboard have different definitions
and recovered materials content. They
pointed out that EPA proposed a
definition of "cellulosic fiberboard"
based on ASTM Standard Specification
C 208, "Insulating Board (Cellulosic
Fiber), Structural and Decorative,"
which does not apply to laminated
paperboard.
hi light of the commenters' concerns,
EPA decided to conduct additional
research into "cellulose fiberboard"
products. Based on this research and
additional information provided by
product manufacturers, EPA now
proposes to designate both structural
fiberboard and laminated paperboard
products for both insulating and
structural applications.
b. Overview of structural fiberboard
and laminated paperboard products.
Structural fiberboard products have a
lower density than otiier fiberboards.
Historically, both structural fiberboard
and laminated paperboard were
considered to be insulating products.
Because they have structural
applications, as well, the industry
considers them to be "structural
fiberboard," rather than "cellulosic" or
"insulating" fiberboard. Therefore, EPA
now proposes to use the term
"structural" fiberboard, rather than
"cellulosic" fiberboard.
The industry further differentiates
laminated paperboard products because
of their higher densities than structural
fiberboard products. ASTM
specification C 208 defines "cellulosic"
fiberboard products as having a density
between 10 Ibs/fts and 31 Ibs/fts. By
contrast, laminated paperboard products
have a density in the range of 42 Ibs/ft 3.
Structural fiberboard and laminated
paperboard products are used in
construction for both insulating and
structural purposes. They can be used as
overlay board in built-up roofing, wall
sheathing, sound-deadening under
flooring and in wall assemblies,
acoustical and non-acoustical wall and
ceiling coverings, and insulation board.
c. use of recovered materials in other
board products. Manufacturers of
particleboard, hardboard, and medium
density fiberboard also are beginning to
use recovered materials. EPA knows of
one manufacturer producing hardboard
from wood recovered from demolition
debris and one manufacturer producing
particleboards using recovered cotton
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stalks and cotton burrs. METRO
Portland reports that one-fourth of the
wood recovered in the metropolitan
Portland area in 1992 was processed
into feedstock for hardboard,
particleboard, and medium density
fiberboard. (See "1992/93 Wood Market
Profile," METRO Solid Waste
Department, August 1993.) EPA requests
additional information about the use of
recovered materials to produce
particleboard, hardboard, and medium
density fiberboard. In particular, EPA
requests comment on the following
issues:
» What is the size (in expenditures or
volume) of the Federal government
market for these items?
• What is the availability of each of
these items produced with recovered
materials—national, regional, or local?
• What type(s) of recovered materials
are used? What volume of these
materials is used to produce each item?
• What are the applicable ASTM or
other performance standards for each
item? Do the standards preclude the use
of recovered materials? Do items
containing recovered materials meet the
performance requirements in these
standards?
• What is the price of these items
relative to the price of similar items
made with virgin materials?
• How many manufacturers of each
item are there?
2. Rationale for Designation
EPA believes that structural
fiberboard and laminated paperboard
products satisfy the statutory criteria for
selecting items for designation.
a. Use of materials in solid waste. As
discussed above in section n.A, both
paper and wood are significant
components of municipal solid waste,
and wood is a significant component of
construction and demolition debris.
Although recovered paper is used by the
pulp and paper industry, there
continues to be a need for additional
markets for this material.
b. Technically proven uses. Both
structural fiberboard and laminated
paperboard can be produced with high
levels of recovered materials without
compromising product performance.
Five of the seven manufacturers of
structural fiberboard and all of the
laminated paperboard manufacturers
use recovered materials, and the other
two structural fiberboard manufacturers
are experimenting with using recovered
materials.
In addition, both structural fiberboard
and laminated paperboard containing
recovered materials are established
products with established
specifications. ASTM specification C
208 applies to structural fiberboard
products containing recovered
materials. Both structural fiberboard and
laminated paperboard meet other
applicable performance requirements,
such as those established by the
American National Standards Institute
(ANSI), American Society of Heating,
Refrigeration and Air Conditioning
Engineers (ASHRAE), Federal Housing
Administration, and the various
building code organizations.
c. Impact of government procurement.
Government agencies purchase
structural fiberboard and laminated
paperboard products for residential,
institutional, and commercial
applications. In 1990, $5.3 million
worth of these products were purchased
with appropriated Federal funds. Many
Federal agencies disburse funds to State
and local agencies for using in building
construction, renovation and repair—
activities for which use of structural
fiberboard and laminated paperboard
are appropriate. Therefore, EPA expects
both direct and indirect procurement of
these items to increase as a result of
today's proposed designation.
3. Designation
Today, in § 247.13(b), EPA proposes
to designate structural fiberboard and
laminated paperboard products,
including building board, insulating
formboard, sheathing, shingle backer,
sound-deadening board, roof insulating
board, acoustical and non-acoustical
ceiling tile, insulating wallboard,
acoustical and non-acoustical lay-in
panels, floor underlayments, and roof
overlay (coverboard). The proposed
designation includes both insulating
and structural uses of structural
fiberboard and laminated paperboard
products.
C. Plastic Pipe and Fittings
1. Background
Plastic pipe is used to collect and
transport liquids, gases, and slurries
from one point to another. Plastic
fittings are used when installing piping
systems. Plastic pipe is used in drain,
waste, and vent (DWV) applications,
sewer systems, water distribution, gas
distribution, oil and gas production,
electrical conduit, and industrial,
agricultural, and mining operations. The
use of plastic pipe in various
applications increased dramatically in
the last 20 years, due primarily to its
ability to resist corrosion.
Plastic pipe applications
predominantly fall into two categories:
pressure and non-pressure uses.
Pressure-rated applications include the
oil, gas and mining industries, and pipe
used for the transport of potable water.
Pressure-rated pipe must be able to
handle significant internal pressure,
necessitating greater structural strength
than non-pressure applications.
Most pressure-rated pipe and pipe
rated for carrying potable water uses are
not currently good candidates for using
recovered resins. Several industry
experts have expressed concern about
potential contamination of potable
water from pipe made from non-virgin
plastic materials. Also, because the
quality and performance of recovered
resins in plastic pipe are only now being
evaluated, manufacturers generally have
been unwilling to risk the use of
recovered resins in pressure-rated pipe.
The fear of pipe failure, which could
result in physical and chemical hazards
and expensive repairs, has led
manufacturers to concentrate primarily
on non-pressure and non-potable water
pipe applications for recovered plastic.
Therefore, applications requiring
pressure-rated pipe are not included in
today's proposed guideline.
Compared to pressure applications,
non-pressure applications, including
sewer, drainage, DWV, and conduit,
generally have lower stresses and, thus,
would not impede the use of recovered
materials in plastic pipe and fittings.
Sewer pipe is used in sanitary and
storm sewer applications. Drainage pipe
is used in surface and subsurface
applications, such as building
foundations, highway construction, and
general land drainage to collect and
convey water by gravity flow. DWV pipe
is somewhat similar to drainage pipe,
but is used primarily in residential
housing and other building projects.
Conduit is used in power and
communications ducts and to house
electrical wires.
Plastic pipe is classified as either
thermoplastic pipe, depending on the
manufacturing processes and resins
used. EPA found no information
indicating that pipe made from
thermoset resins is being made with
recovered materials.
Thermoplastic pipe has the largest
share of the plastic pipe market.
Thermoplastic resins include polyvinyl
chloride (PVC), polyethylene (PE),
acrylonitrile-butadiene-styrene (ABS),
polypropylene (PP), polybutylene (PB),
and chlorinated polyvinyl chloride
(CPVC). The resins are formed into pipe
by an extrusion process in which
molten resins are continuously forced
through a mold. The formed pipe is then
sized and hardened by cooling the pipe
with water. Fittings are manufactured
using an injection-molding process that
forces the molten plastic under pressure
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! compnse
billion pounds of PVC pipe'
manufactured in 1991. The 1
into metal molds and then cools the
mold. Recovered materials may be used
in either the extrusion or the injection-
molding process.
A few variations in the manufacturing
processes for thermoplastic pipe are
used to increase the stiffness of the pipe.
Two types of thermoplastic pipe are
corrugated and smoothwall. Corrugated
pipe is extruded and vacuum-suctioned
into molds to make the corrugations
(i.e., ridges and recesses). The
corrugation adds strength to the pipe
and makes it flexible so that it may be
rolled onto spools for transport.
Smoothwall pipe is extruded and sent
through a sizing ring to obtain the
desired thickness. Strength is obtained
by increasing the thickness of the wall.
For the purposes of this guideline,
thermoplastic pipe includes both
corrugated and smoothwall pipes.
PVC and HDPE resins alone com
over 90 percent of the total
thermoplastic pipe market. The majority
of all plastic pipe (about 75 percent) is
made from PVC materials. About 3.1
were
largest use
(48 percent) of PVC pipe is in sewer and
drain applications, including sanitary
and storm sewers, subsurface drain
systems, building connections, drainage,
and DWV systems. PVC pipe also is
used as conduit in power and
communications ducts. Conduit, or
electrical conduit, is a type of plastic
tubing with predominantly smaller
diameters than typical pipe applications
and is used to house buried or
submerged wire and cable.
Pipe produced from polyethylene,
mainly HDPE, occupies the second
largest domestic market for plastic pipe.
Corrugated drain pipe accounts for
about 18 percent of the HDPE pipe
market and is used in surface and
subsurface drainage applications for
collecting and conveying water by
gravity flow. Corrugated drain pipe is
used in building foundations, highways,
land and agricultural drainage
applications, and communications
ducts. Installation involves placement
in soil and gravel beds which provide
support to the flexible pipe walls. Solid
wall HDPE pipe is inserted into existing
pipes for slip-lining applications and is
used in the rehabilitation of existing
systems and in new drainage systems.
2. Rationale for Designation
EPA believes that plastic pipe and
fittings satisfy the statutory criteria for
selecting items for designation.
a. Use of materials in solid waste.
Non-pressure plastic pipe
manufacturers can use recovered HDPE
and PVC. As discussed above in section
II.A, plastics are a significant
component of municipal solid waste,
and PVC is present in construction and
demolition debris (e.g., scraps from
installation of vinyl siding).
b. Technically proven uses. Recovered
plastics have been used successfully in
the manufacture of non-pressure plastic
pipe and fittings for use in sewer,
drainage, DWV, and electrical conduit
applications. PVC is the predominant
resin used to manufacture all of these
except drainage pipe, which is
commonly made of HDPE. EPA has
identified 10 manufacturers of plastic
pipe that use recovered resins.
Pipe fittings are manufactured by the
injection-molding process, a process
which generally can use recovered
resins. The information available to EPA
indicates that no technical barriers
preclude the use of recovered PVC or
HDPE resin in the manufacture of
fittings.
EPA is seeking information about use
of recovered materials in the
manufacture of conduit. Although it is
technically feasible to manufacture
conduit with recovered resins, EPA has
been unable to identify manufacturers
marketing their conduit as containing
recovered materials. EPA believes that
at least one manufacturer currently uses
recovered resin in producing conduit,
but the manufacturer does not market
the product as such. Therefore, EPA
requests information on the extent to
which conduit is produced from
recovered resins.
Numerous organizations set '
performance and product specifications
for plastic pipe, including ASTM. There
are currently about 20 ASTM standards
for non-pressure HDPE and PVC pipe.
The materials specifications in some of
these standards explicitly require the
use of virgin resin; others neither allow
nor disallow recovered materials
content. However, all of these standards
allow the use of rework materials (e.g.,
industrial scrap commonly reused
within the manufacturing process).
While manufacturers using recovered
resin cannot meet the virgin materials
requirements of some ASTM standards,
they can receive verification by
independent testing labs that their
products meet the performance
requirements contained within those
standards. For the past few years, many
ASTM members have been interested in
allowing the use of recovered materials,
either by revising existing materials
requirements or developing new
standards. However, the process of
revising or developing an ASTM
standard often takes several years. There
are currently a few projects within
ASTM to develop new standards for
non-pressure pipe containing recovered
resin.
Some industry opponents of the use
of recovered resin in pipe
manufacturing claim that performance
tests designed for virgin resin may not
adequately assess recovered materials,
because requirements for virgin resin
(e.g., molecular weight, stabilizers) may
not be equivalent for the mixed
characteristics of recovered resin. They
contend that it may be incorrect to state
that a product containing recovered
materials "passes ASTM performance
specifications" because the original tests
were designed only to account for the
consistency of virgin resin inputs.
Further, they claim that the tests do not
guarantee long-term performance
because they are conducted over a short
time period. Of course, the validity of
short-term testing is also at issue for
virgin materials.
Several pipe manufacturers have
conducted research demonstrating that
pipe made with recovered materials
meets ASTM performance
specifications. One company has
demonstrated repeatedly that its HDPE
corrugated drain pipe meets the
requirements of ASTM standard F 405,
"Standard Specification for Corrugated
Polyethylene (PE) Tubing and Fittings,"
including the ultra-violet additive test,
crush test, and stress-crack test, with no
recorded failures. In 1993, the
University of Toledo Polymer Institute
conducted testing, funded in part by an
EPA grant, on the suitability of using
recovered HDPE resin for drainage pipe
applications. The results showed that
pipes manufactured from postconsumer
resin blends of 25-75 percent (virgin
resin comprised the remaining material)
demonstrated acceptable performance in
terms of stiffness, flattening, brittleness,
and environmental stress crack
resistance.
While there remains some
disagreement among industry experts on
the appropriate testing of pipe
containing recovered materials, EPA
believes there is sufficient performance
evidence to propose designating certain
non-pressure plastic pipe. EPA seeks
information on performance testing
relating to sewer, drainage, DWV and
conduit plastic pipes and fittings made
of recovered materials.
c. Impact of government procurement.
Several Federal agencies purchase,
either directly or indirectly, plastic pipe
and fittings. Federal agencies are not
required to track the level of detailed
information on purchases of individual
construction materials necessary to
determine the Federal government's
actual share of the pipe market. Direct
purchases of some materials are tracked
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18871
by the General Services
Administration's Federal Procurement
Data System (FPDS), which tracks direct
purchases of $25,000 or greater made by
Federal agencies. FPDS indicated that
$1.1 million was spent on plastic pipe
products in 1991.
The direct purchases recorded by any
agency in FPDS are only a fraction of
the total purchases made through
actions taken by the Federal
government. The majority of the Federal
government's plastic pipe purchases are
made indirectly through grants or
contracts. Because Federal expenditures
on pipe products are not well-tracked,
ana because pipe products and their
uses are so diverse, it is not possible to
assess the extent to which Federal
purchasing power can influence the
market for plastic pipe containing
recovered materials. However, anecdotal
information obtained from discussions
with Federal purchasing officials
indicates that the Federal government
purchases large quantities of plastic
pipe. Federal agencies expected to be
the largest purchasers of plastic pipe
and fittings, and their uses of plastic
pipe, are described below.
The Federal Highway Administration
(FHWA) disburses approximately $19
billion per year in Federal funding for
highway projects. Plastic pipe is an
integral part of many of these projects,
serving primarily drainage functions on
bridges and under and along roads. One
manufacturer alone claimed to have
supplied approximately $40 million of
plastic pipe to Federally-funded
highway projects.
The Department of Housing and
Urban Development (HUD) funds
several programs for the renovation of
existing housing and the construction of
new housing, including the installation
and renovation of water and sewer
systems. The Public Housing
Development Program, the Public
Housing Modernization Program, and
the Community Development Block
Grants Program account for over $4.5
billion of HUD's total budget. Many of
these projects involve the installation of
plastic pipe.
La the Department of Agriculture, one
branch of the U.S. Forest Service is
responsible for maintenance and
construction projects on National Forest
lands, including the building of public
facilities, irrigation and planting
projects, and drainage systems. In
addition, the Soil Conservation Service
uses corrugated HDPE drainage pipe
and corrugated and solid wall PVC
drain and sewer pipe in subsurface
drainage systems.
While exact data are not available on
Federal market share, this anecdotal
information indicates that the Federal
government may have a substantial
impact on the procurement of non-
pressure plastic pipe made with
recovered materials.
3. Designation
Today, in § 247.13(c), EPA proposes
to designate plastic pipe and fittings
made from thermoplastic resins,
including PVC and HDPE, for the
following applications: sewer, drainage,
conduit, and drain, waste and vent
(DWV).
D. Geotextiles
1. Background
Geotextiles are permeable civil
engineering fabrics that are used in a
variety of construction applications. The
four main functions of a geotextile are
separation, drainage, filtration, and
slope reinforcement. Depending on the
application, a geotextile may serve one
or more of these functions. The five
main applications for geotextiles are:
road building, drainage, erosion control,
soil stabilization, and waste
containment (e.g., landfill construction).
The physical, mechanical, and
hydraulic properties of a geotextile
depend on the materials used to make
the fiber, and the manufacturing process
used to construct the fiber. Most
geotextiles are made of plastic polymers,
although some are made of natural
fibers such as jute. Of the many different
types of plastic polymers that can be
used to make geotextiles, polyolefins
and polyesters are used most often.
Currently, in North America, 83 percent
of all geotextiles are made of
polypropylene, 14 percent of polyester,
2 percent of polyethylene, and 1 percent
of other plastic resins.
Geotextiles may be made of woven or
nonwoven fabrics. Woven geotextiles
generally are stronger than nonwoven
fabrics of the same weight, and
dominate the drainage, asphalt overlay,
and lining systems markets. Nonwoven
geotextiles generally are permeable to
moisture, resistant to rot and mildew,
and conform to the subgrade soils.
Nonwoven fabrics dominate the
stabilization and separation, and
subgrade and base reinforcement
markets. Both woven and nonwoven
geotextiles are produced using
postconsumer recovered plastic and in-
house plastic scrap, including
postconsumer PET bottles.
Products related to geotextiles include
geogrids, geonets, and geocomposites.
These products are used in similar
applications as geotextiles, but they
have distinctly different basic
properties. Geogrids are used in high-
strength applications, primarily for
reinforcement. They are made from
either high density polyethylene, high
tenacity polyester, or polypropylene.
Geogrids are distinguished from other
geotextile products by their large
openings (called "apertures") which
allow soil to pass through from one side
of the geogrid to the other. Geonets are
similar in appearance to geogrids;
however, geonets have diamond-shaped
apertures rather than square apertures
and are almost always made of
polyethylene. Geonets are used almost
exclusively for their drainage capability
and are always used in conjunction with
another geosynthetic material, such as a
geotextile. Specifications do not
prohibit the use of recovered materials
in these products. EPA has not
identified any manufacturers of geogrids
or geonets that use recovered resin.
Although there appear to be no
technical reasons why recovered resins
cannot be used to manufacture these
products, EPA understands that
manufacturers may be reluctant to use
recovered resins in geonets and geogrids
because of their higher strength
applications (e.g., reinforcement).
Therefore, EPA requests information on
manufacturers of geogrids or geonets
using recovered materials, and
information on their performance.
Geocomposites combine the best
features of different civil engineering
materials. They are almost always made
of synthetic materials; however, it is
also possible to make a geocomposite by
combining a synthetic material with a
nonsynthetic material, such as bentonite
clay. Examples of synthetic
geocomposites include geotextile-
geomembrane composites, geotextile-
geonet composites, geotextile-polymer-
core composites, and geomembrane-
geogrid composites. Like geotextiles and
related products, geomembranes are
classified as a geosynthetic material.
However, geomembranes are not
considered in this guideline because
there are no technically proven
examples of geomembranes made with
recovered materials, and there are
specifications that prohibit the use of
recovered plastic hi the manufacture of
geomembrane liners.
Geocomposites may be formed either
by laying one material over the other or
by welding them together. For example,
geotextiles and geonets can be laid next
to each other to form a geotextile-
geonet-geotextile "sandwich" for
conveying landfill leachate or
conducting air beneath pond liners, hi
contrast, geomembranes and geogrids
made of the same polymer can be
welded together to form a geocomposite
with enhanced strength and friction
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capabilities. Two geocomposite
manufacturers advertise their products
as being made with postconsumer
recovered materials. These
manufacturers reportedly make their
geocomposites using a polyester
geotextile that contains postconsumer
PET.
2. Rationale for Designation
EPA believes that geotextiles satisfy
the statutory criteria for selecting items
for designation.
a. Use of materials in solid waste.
Both woven and nonwoven geotextiles
are produced using postconsumer
recovered PET and recovered PP. As
discussed above in section II.A, plastics
are a significant component of
municipal solid waste.
b. Technically proven uses. EPA has
identified seven geotextile
manufacturers and two geocomposite
manufacturers who claim to use
recovered plastic to make their
products. Three geotextile
manufacturers produce needlepunched,
nonwoven polyester geotextiles from
recovered PET. Another company
produces woven and nonwoven
geotextiles containing postconsumer
polypropylene. A fifth manufacturer
produces geotextiles from recovered
polypropylene scrap for use in erosion
control applications. Two other
companies reportedly use recovered
plastic to make geotextiles. Two
manufacturers of geocomposites use
recovered PET as well. These products
are available to government procuring
agencies, as they are made by some of
the largest geotextile manufacturers. No
manufacturers of geogrids or geonets
containing recovered materials have
been identified.
Standards for the manufacture and
use of geotextiles are governed primarily
by ASTM's Committee D-35 on
Geosynthetics, which has developed 13
applicable to geotextiles. All but one of
these geotextile standards describe
procedures for testing geotextiles for
certain properties, such as tensile
strength and ultraviolet light resistance.
These test methods are used mainly to
compare different types of geotextiles
and for acceptance testing. The one
ASTM geotextile standard that is not a
test method provides instructions on
how to accept, store, and handle
geotextiles. None of these standards
preclude the manufacture of geotextiles
from recovered resin.
Other organizations that oversee the
use of geotextiles include the American
Association of State Highway and
Transportation Officials (AASHTO),
State departments of transportation, and
several Federal agencies such as the
Federal Highway Administration and
EPA. None of these organizations
require that geotextiles be made of
virgin resin.
EPA has been extensively involved in
the research and application of
geosynthetic materials for use in waste
containment systems. Any use of
geotextiles in municipal solid waste or
hazardous waste containment
applications must comply with
applicable EPA regulations and
technical guidance.* Although these
regulations do not specifically require
their use, geotextiles are being used for
several purposes in waste containment
applications.2 Application of
geosynthetics to the containment of
municipal or hazardous waste involves
a variety of screening tests to properly
select a material for use at a specific
location to contain a specific waste. EPA
has found that virtually no data exist on
the performance of geotextiles
containing recovered materials in waste
containment applications. The EPA
guidance document entitled, "Technical
Guidance Document—Quality
Assurance and Quality Control for
Waste Containment Facilities" (EPA/
600/R-93/182), states that geotextiles
containing recovered materials may be
appropriate, for example, in the gas
collection layer above the waste and in
the protection layer between the
drainage stone and geomembrane,
taking into consideration the design
parameters. EPA seeks information on
performance data of geotextiles
containing recovered materials in waste
containment applications, and requests
comment on whether geotextiles
containing recovered materials should
be recommended for other uses in waste
containment applications.
c. Impact of government procurement.
Government agencies purchase
geotextiles and related products. EPA
estimates the 1990 expenditures for
these products purchased with
appropriated Federal dollars to be $216
million, or about 63 percent of the
Agency's estimate of the geotextile
industry's total output value. The
Federal government represents such a
large share of the geotextile market
because geotextiles are used extensively
in highway construction. Eighty percent
of highway construction and
i EPA's municipal solid waste landfill regulations
are found in 40 CFR part 258. EPA's regulations for
hazardous waste landfills, surface impoundments,
and waste piles are found in 40 CFR part 264,
subparts N, K and L, respectively.
2 Additional information on the use of geotextiles
in waste containment applications is provided in
the background information document,
"Procurement Guideline for Geosynthetic Materials:
Draft Final Feasibility Study" which has been
placed in the RCRA docket.
maintenance is funded from the Federal
Highway Trust Fund, which is
distributed to States by the Federal
Highway Administration.
Other Federal agencies that use
geotextiles'include the Department of
Defense, Army Corps of Engineers, and
the U.S. Forest Service. Uses of
geotextiles by these agencies include
drainage applications, building roads,
constructing retaining walls, supporting
backfill, landfill applications and
constructing dams.
3. Designation
Today, in § 247.13(d), EPA proposes
to designate geotextiles for use in road
building, drainage, erosion control, and
soil stabilization, and for use in the gas
collection layer and the protection layer
between the drainage stone and the
geomembrane liner in waste
containment systems. EPA is not
proposing to designate geocomposites as
a separate guideline item; however, a
geotextile layer of a geocomposite
would be covered under this
designation.
E. Cement and Concrete
1. Background
In 1983, EPA issued a procurement
guideline designating cement and
concrete containing fly ash generated by
coal burning utilities for use in concrete
products such as pipe and block (48 FR
4229, January 28,1983). In the preamble
to that guideline, EPA noted that it
considered including the use of ground
granulated iron blast furnace slag (GGBF
slag) in cement and concrete. EPA stated
that GGBF slag was not sufficiently
available to warrant a guideline on a
national scale. EPA further noted that
GGBF slag was being reused at a very
high rate as an aggregate and as fill
material.
In the 1983 guideline, EPA
encouraged procuring agencies to apply
the general provisions of the guideline
in those cases where GGBF slag suitable
for use in cement becomes available (48
FR 4236). However, it has since been
EPA's experience that, as a general rule,
procuring agencies are unwilling to try
a product containing recovered
materials unless EPA specifically
designates that product in a
procurement guideline. Despite the
language in the 1983 guideline
encouraging its use and despite the
availability of ASTM and AASHTO
specifications for its use, EPA was
recently informed that fewer than 10
states have specifications which include
or allow GGBF slag. One slag producer
informed EPA that it has experienced
significant hesitance on the part of state
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transportation agencies to use cement
and concrete containing GGBF slag.
The GGBF slag producers are located
in Che Eastern U.S. and, because of
transportation costs, their products
generally are available in the Eastern
states. However, the slag producers
recently informed EPA that Portland
cement manufacturers are able to
produce GGBF slag, which expands the
national availability of cement and
concrete containing GGBF slag.
According to the slag producers, GGBF
slag is available in over 30 states.
GGBF slag clearly falls within the
statutory definition of "recovered
materials." It is a by-product of the
production of iron in a blast furnace and
is not reused within the original
manufacturing process.
Based on this information and the
information presented below, EPA now
concludes that the scope of the cement
and concrete guideline should include
GGBF slag.
2. Rationale for Designation
EPA believes that cement and
concrete containing GGBF slag satisfy
the statutory criteria for selecting items
for designation.
a. Use of materials in solid waste. As
discussed in section II. A of this
preamble, approximately 75 percent of
the GGBF slag generated annually is
used in aggregate applications, but
significant additional quantities are not
currently used and must be stockpiled.
b. Technically proven uses. It is
technologically and economically
feasible to process blast furnace slag
into an additive for cement and
concrete. The slag is ground into a
consistency somewhat finer than
Portland cement. In concrete, GGBF slag
replaces a portion of the Portland
cement. In some concrete mixtures,
GGBF slag can replace up to 75 percent
of the Portland cement, on a pound for
pound basis. Most concrete mixtures
containing GGBF slag use between 25
and 50 percent slag.
Like coal fly ash, GGBF slag can
improve the performance of concrete.
According to information provided by
the slag producers, GGBF slag can result
in higher strength; lower heat; lower
permeability; better durability in
marine, salt, and chemical
environments; and lighter color. The
producers also state that GGBF slag can
be used compatibly with coal fly ash
and other comentitious and pozzolanic
materials when used in concrete.
There are approximately 1.2 million
tons of domestic cement industry
grinding capacity specifically devoted to
tho manufacture of GGBF slag. In
addition, several Portland cement
manufacturers have devoted grinding
capacity to GGBF slag. Currently, five
companies operate six grinding plants to
produce GGBF slag. Additionally, two
Portland cement companies may begin
producing GGBF slag at three locations,
and a third company recently bought a
GGBF slag plant.
Consensus and state specifications are
evidence of the performance of GGBF
slag in cement and concrete. ASTM and
AASHTO each have two specifications
applicable to use of GGBF slag: ASTM
C 989, Ground Granulated Blast-Furnace
Slag for Use in Concrete Mortars; ASTM
C 595, Blended Hydraulic Cements;
AASHTO M 302, Ground Granulated
Blast Furnace Slag for Use in Concrete
and Mortars; and AASHTO M 240,
Blended Hydraulic Cements. In
addition, there is an American Concrete
Institute Standard Practice, ACI 226.R1,
Ground Granulated Blast-Furnace Slag
as a Cementitious Constituent in
Concrete. The States of Maryland, West
Virginia, Pennsylvania, Virginia,
Georgia, South Carolina, and Florida
also have adopted specifications which
allow use of GGBF slag.
c. Impact of government procurement.
In the 1983 guideline, EPA noted that
almost one-half of total U.S. cement
consumption is in public construction
projects, many of which are funded with
Federal funds. Factoring in usage of
cement containing fly ash and uses for
which recovered materials may be
inappropriate, the potential impact of
designating GGBF slag still could be
substantial.
3. Designation
Today, in § 247.13(e), EPA proposes
to add GGBF slag to the existing
designation of cement and concrete
containing fly ash.
F. Carpet
1. Background
Broadloom carpet, meaning roll goods
in 12-foot widths, for wall-to-wall
installation, generally is comprised of
face fibers (made of nylon, polyester,
wool, or polyethylene) inserted into a
primary backing, which is usually made
of polypropylene materials. The fiber is
then locked or glued into place by a
layer of latex adhesive; a secondary
backing made of polypropylene or jute
fiber then is applied to provide stability.
Carpet squares or tiles are manufactured
first as broadloom carpet; however, after
inserting the fiber into the primary
backing, a sheet made of polypropylene
or other material is added for stability,
and a secondary backing made of PVC,
polyurethane, or other hardback
material is applied. Finally, the carpet is
cut into squares, usually 18" x 18".
The majority of carpet manufactured
in the U.S. is made of nylon carpet
fibers, with a smaller percentage (about
10 percent) being made of polyester.
Currently, recovered materials are being
used to produce carpet fiber, carpet
backing, and carpet cushioning.
Although nylon comprises a much
larger share of the carpet fiber market
than polyester, at this time, carpet
containing recovered materials is being
manufactured only from recovered PET.
In addition, one major manufacturer of
nylon and nylon carpet fibers has
initiated a pilot project to recover nylon
froin old carpet and remanufacture it
into new products, including new
carpet fiber. Because this process is only
now being developed, it is premature to
include carpet made from recovered
nylon within the scope of the item
designation proposed today. EPA seeks
information regarding other
manufacturers of carpet fiber, or other
carpet components, that are or can be
made with recovered materials (e.g.,
recovered polypropylene or rubber
backing).
EPA is aware of only one
manufacturer that uses recovered
materials to make carpet backing; this
company uses its own waste. The
Agency aware of one company that
makes carpet cushioning of recovered
materials, including postconsumer
materials. EPA requests information on
other manufacturers of carpet backing or
cushioning using recovered materials.
EPA currently is not considering these
items for designation because only one
manufacturer of each has been
identified.
2. Rationale for Designation
EPA believes that polyester carpet
fiber meets the statutory criteria for
selecting items for designation.
a. Use of materials in solid waste.
Both manufacturers identified by EPA
make carpet fiber from postconsumer
PET (i.e., polyester). The main source of
postconsumer PET is recovered soft
drink bottles, which are washed,
ground, melted, and then spun into
fiber. As discussed above in section II.A,
plastic, including PET, is a significant
portion of the nation's municipal solid
waste.
b. Technically proven uses. Of the two
manufacturers of carpet containing
recovered PET, one offers carpet in one
commercial style and 100 to 150
residential styles of carpet; the carpet is
marketed nationally. The other
manufacturer offers carpet in 1,800
patterns and in 70 colors; the carpet also
is marketed nationwide. This
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manufacturer currently has a contract
under GSA's New Item Introductory
Schedule for polyester carpet containing
recovered materials. Additionally,
carpet containing recovered materials
has been installed in at least two
Federal government buildings, and
several State government buildings.
Both companies claim that their
products meet applicable performance
requirements.
There are numerous specifications
that must be considered when
purchasing carpet; however, EPA is not
aware of any specifications that
explicitly prohibit the use of carpet fiber
made of recovered materials.
ASTM has several test methods for
carpet fiber, including abrasion
resistance, electrostatic propensity,
flammability, specific optical density of
smoke, colorfastness, pilling and
fuzzing resistance, and fiber tuft bind.
Other organizations that have standards
pertaining to carpet include the
American Association of Textile
Chemists and Colorists, and the Carpet
and Rug Institute. ASTM does not have
any standards that preclude the use of
recovered materials in carpet, and EPA
is not aware of such standards from any
other organizations.
EPA knows of one Federal agency
specification (issued by the Department
of Army, Army Corps of Engineers) that
requires the use of only nylon or wool
carpet, and thereby prohibits the
purchase of polyester carpet. The
requirement to use nylon or wool carpet
may be due to the particular
application, and differences in the
material's resiliency, appearance
retention, and other properties. EPA
requests information on whether there
are specific carpet applications for
which use of polyester carpet is
inappropriate.
c. Impact of government procurement.
Although EPA was not able to obtain
any quantitative information, virtually
all Federal agencies purchase carpet.
Use of polyester carpet containing
recovered materials both will create a
market for this item and demonstrate its
performance.
3. Designation
Today, in § 247.13(f), EPA proposes to
designate carpet made of polyester fiber
for use in low- and medium-wear
applications. The proposed designation
does not include polyester carpet for use
in heavy-wear applications.
G. Floor Tiles and Patio Blocks
I. Background
a. Floor tiles. Floor tiles are used in
a variety of applications, including
office spaces, entranceways, bathrooms,
laboratories, and hallways. EPA has
identified 10 manufacturers and/or
distributors of floor tiles containing
recovered materials. The recovered
materials used in these products include
rubber derived from old tires, and
various plastic resins, most commonly
PVC (i.e., vinyl). Five of the 10
companies make floor tiles with
postconsumer tire rubber. Some of the
companies add a small amount of virgin
rubber, adhesive fabric, or coloring
agents to their products. All five
companies market their products
nationally for applications such as
entrance ways in airports and stores,
furniture showrooms, skating rinks, and
fitness centers. In addition, five
companies nationally market floor tiles
made from recovered PVC, including
some postconsumer resin. A few types
of floor tile are made with preconsumer
PVC from swimming pool liners, roof
membranes, and automobile dashboard
cutouts. These interlocking tiles are
used in various applications, such as
fitness centers, bathrooms, and
cafeterias. Another type of tile is made
of postconsumer PVC from car doors
and fender strips. These interlocking
tiles are used for heavy-duty
applications such as entrance
vestibules, work areas behind cashier
counters, and under heavy equipment in
fitness centers.
b. Patio blocks. Patio blocks are used
in the construction of patio areas and
walkways for gardens and trails. EPA
has identified six manufacturers of patio
blocks made with recovered materials.
The recovered materials used to make
these products include rubber derived
from old tires and blends of plastics
resins (e.g., HOPE and LDPE), rubber/
plastic, and rubber/wood.
2. Rationale for Designation
EPA believes that floor tiles and patio
blocks containing recovered rubber or
plastic meet the statutory criteria for
selecting items for designation.
a. Use of materials in solid waste. As
discussed above in section II. A, both
plastic and tires are significant
components of solid waste. While both
are being recovered, additional markets
are needed.
b. Technically proven uses. Floor tiles
made of recovered rubber or plastic
have been used in a variety of
applications, including fitness centers,
bathrooms, cafeterias, entrance
vestibules, work areas, and laboratories.
These uses are consistent with the
potential uses by procuring agencies.
Patio blocks made of recovered
materials have been used in the
construction of garden walkways and
trails. EPA is not aware of any
specifications that prohibit the use of
recovered materials in the manufacture
of floor tiles or patio blocks; thus, the
Agency requests comment on this issue.
c. Impact of government procurement.
Floor tiles are used by Federal agencies
in a variety of building applications.
Patio blocks are used in the design of
walkways, such as for gardens or trails.
Federal agencies that may use patio
blocks include the U.S. Park Service,
U.S. Forest Service, and Housing and
Urban Development.
3. Designation
Today, in § 247.13(g), EPA proposes
to designate floor tiles and patio blocks
containing rubber or plastic. This
designation does not preclude a
procuring agency from purchasing floor
tiles or patio blocks manufactured using
other materials. It simply requires that
a procuring agency, when purchasing
floor tiles or patio blocks manufactured
from rubber or plastic, purchases such
items made with recovered materials.
EPA requests comment on whether
there are any particular uses or
applications of floor tiles and patio
blocks that would preclude the use of
recovered materials.
XI. Transportation Products
A. Temporary Traffic Control Devices
1. Background
Temporary traffic control devices are
used in a variety of situations where it
is necessary to re-direct, channel, or
restrict traffic in areas of highway
construction or repairs. They may also
be used to mark a road hazard that may
exist in the way of traffic. For purposes
of controlling traffic, such devices must
be stable and clearly visible. Traffic
cones must be able to withstand impact
without damage to themselves or to
vehicles. In addition, temporary traffic
control devices must be manageable by
work crews responsible for transporting,
handling, and storing them. Definitions,
applications, and requirements for
traffic control devices are found in the
"Manual on Uniform Traffic Control
Devices" (MUTCD), which is published
by the Federal Highway Administration.
Today, EPA proposes to designate two
types of temporary traffic control
devices—traffic cones and traffic
barricades.
a. Traffic cones. Traffic cones are
conical in shape with a broadened and
weighted base, making them able to
withstand significant wind gusts
without tipping or blowing away. In
order to be able to withstand an impact
without damaging a vehicle, the upper
component of a traffic cone is typically
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18875
mada from LDPE or PVC. The lower
component of the traffic cone is
typically made from a rubber or plastic
material capable of providing ballast
and friction with the surface of the
roadway. Typical applications for traffic
cones are described in section 6C-4 of
theMUTCD.
EPA identified several manufacturers
and distributors of traffic cones
containing postconsumer LDPE and
PVC resins, as well as crumb rubber
from scrap tires. In general, both
recovered and postconsumer recovered
plastics are used in the upper
component of the cones, and crumb
rubber is used in the base. EPA requests
information on use of other recovered
materials in the manufacture of traffic
cones.
b. Traffic barricades. There are three
types of traffic barricades: Type I, Type
II, or Type HI. Type I or Type E
barricades are intended for use in
situations where traffic is maintained
through an area being constructed and/
or reconstructed. Type III barricades are
used when a road section is closed-off
to traffic. Applications for traffic
barriers are described in section 6C-9 of
thaMUTCD.
Traffic barricades are typically made
from wood, metal, plastic, or a
combination of these materials. The
traditional design of the barricades
typically involves the use of metal in
the supporting frame and wood in the
cross rails. In past years, many
manufacturers of traffic barricades have
shifted to the use of recovered materials
in both the supporting frame and rails
of the barricades. Manufacturers use
recovered materials to manufacture the
housing and lenses used in lighting
devices affixed to the barricades as well.
EPA identified several manufacturers
and distributors of Type I and Type II
traffic barricades containing recovered
fiberglass and plastics, including HOPE,
and blends of HOPE and PET or LDPE.
EPA requests information on use of
other recovered materials in the
manufacture of Type I, Type II, or Type
III traffic barricades.
EPA acknowledges that the metal
frames and wood panels used in the
manufacture of certain traffic barricades
may contain recovered scrap metal or
wood. EPA does not intend to limit the
uso of such items and requests
information on the use of recovered
metals or wood in the manufacture of
traffic barricades.
c. Other devices. Other temporary
traffic control devices, such as tubular
markers, drums, or vertical panels, can
serve the same purposes as traffic cones
and barricades. Tubular markers are
defined in section 6C-3, vertical panels
in section 6C-5, and drums in section
6C-7oftheMUTCD.
EPA identified one manufacturer of
vertical panels using recovered
polypropylene and crumb rubber and
one manufacturer of tubular markers
using recovered PVC and crumb rubber.
Because there would be insufficient
competition in supplying these two
items containing recovered materials,
EPA is not proposing to designate them
today. In addition, because EPA was
unable to identify any manufacturers of
drums using recovered materials, the
Agency also is not proposing to
designate drums today.
Although no manufacturers of drums
containing recovered materials were
identified, EPA recognizes the common
practice of using recovered commercial
tire sidewalls around the base of drums
to stabilize them on the roadway. EPA
requests information on use of
recovered materials in the manufacture
of traffic control drums, tubular
markers, or vertical panels.
2. Rationale for Designation
EPA believes that temporary traffic
control devices satisfy the statutory
criteria for selecting items for
designation.
a. Use of materials in solid waste. As
discussed above in section n.A, plastic
and rubber are significant components
of the solid waste stream. Both of these
materials are technically and
economically feasible to recover for
reuse, and additional markets for them
are needed.
Many manufacturers of traffic control
devices are currently working to
increase the amounts of postconsumer
plastic and rubber used in their
products.
b. Technically proven uses.
Temporary traffic control devices made
with recovered materials have been
produced in the U.S. for several years.
Manufacturers have been using high
percentages of crumb rubber buffings in
the lower component of traffic cones
since the conception of this device, but
have not advertised this fact. The
substitution of recovered resins in the
plastic components of traffic control
devices is technically and economically
feasible in this application. This is
evidenced by the substantial increase in
the procurement of these items by state
agencies. A recent multi-state
procurement led by the State of New
York involved more than 30,000 traffic
cones made with 50 percent total
recovered materials and 6 percent
postconsumer materials. A recent
procurement by a large city involved
more than 300 traffic barricades made
with 100 percent postconsumer
recovered content.
As previously stated, temporary traffic
control devices must be stable and
clearly visible. Traffic cones must be
able to withstand impact without
damage to themselves or to vehicles. In
addition, temporary traffic control
devices must be manageable by work
crews transporting, handling, and
storing them. General performance
requirements for temporary traffic
control devices involve appearance,
size, weight, and durability.
Manufacturers are currently able to use
recovered materials successfully in the
production of these devices and meet
applicable performance specifications.
Section 635 of "Standard
Specifications for Construction of Roads
and Bridges on Federal Highway
Projects, FP-85" contains the Federal
specifications for temporary traffic
control devices. EPA examined the
specifications, and found that section
635.02 does not preclude the use of
recovered materials in temporary traffic
control devices. Further, the Federal
specifications reference the
requirements contained in the MUTCD,
which also do not preclude the use of
recovered materials.
In addition to the Federal
specifications, state procuring agencies
may have additional materials or
performance requirements for temporary
traffic control devices. Several state
procuring agencies have additional
requirements and programs to test or
confirm material properties of traffic
control devices prior to acceptance of
shipment. Most of the currently
available traffic barricades containing
recovered materials are able to meet or
exceed specific state requirements. In
addition, at least five states explicitly
specify a preference for traffic control
devices made from recovered materials.
EPA believes that, as procuring
agencies begin to obtain current
information about traffic control devices
made with recovered materials, they
will find that these devices meet their
performance requirements and will
increase usage of these products.
c. Impact of government procurement.
Government agencies purchase, or use
appropriated Federal funds to purchase,
temporary traffic control devices. The
Federal government represents a large
share of the market for traffic control
devices, including traffic cones and
barricades. State highway departments
use monies from the Federal Highway
Trust Fund to complete major
construction and renovation projects, in
which the use of traffic control devices
is extensive. Other major users of traffic
control devices include the Department
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of Transportation, Army Corps of
Engineers, and Department of Interior.
EPA requests information on other
government entities that use temporary
traffic control devices.
3. Designation
Today, in § 247.14, EPA proposes to
designate two types of temporary traffic
control devices used in controlling or
restricting vehicular traffic—traffic
cones and traffic barricades. As
discussed above, EPA also requests
information about the use of recovered
materials in the manufacture of other
types of temporary traffic control
devices.
XII. Park and Recreation Products
A. Playground Surfaces and Running
Tracks
1. Background
a. Playground surfaces. EPA has
identified 20 manufacturers/distributors
of playground surfaces made with
recovered materials. These companies
offer products made of postconsumer
rubber derived from old tires. Three of
these companies use other recovered
materials as well, including blends of
rubber/asphalt, rubber/compost, and
rubber/PVC. One of these companies
also makes playground surfaces
containing postconsumer PVC.
Playground surfaces made of rubber
are often more desirable than other
surfacing materials, such as wood chips,
sand, and asphalt, because they can
provide more cushioning, reduce
injuries and abrasions, and may be safer
for children.
b. Running tracks. Some of the
companies that make playground
surfaces also make running tracks
containing postconsumer tire rubber.
EPA obtained information from four of
these companies, which indicated that
they offer running tracks made of high
percentages of postconsumer rubber.
Some of the companies use either a
layer of virgin resin to provide added
spike resistance, or small percentages of
preconsumer recovered rubber for
coloring. One of these companies
constructed the 1984 Olympic running
tracks with recovered materials, and has
constructed running tracks for
universities, schools, and state
governments.
2. Rationale for Designation
EPA believes that playground surfaces
and running tracks satisfy the statutory
criteria for selecting items for
designation.
a. Use of materials in solid waste.
Playground surfaces and running tracks
can contain recovered rubber and PVC.
As discussed above in section II.A, both
of these materials are significant
components of municipal solid waste,
and PVC is also found in construction
and demolition debris.
b. Technically proven uses. The
companies surveyed by EPA have sold
playground surfaces made with
recovered materials for a variety of
installations, including McDonalds'
playgrounds, schools, and military
bases. Running tracks made of recovered
rubber have also been constructed at
universities, schools, military bases, the
U.S. Olympics, and the White House.
GSA does not have specifications for
playground surfaces or running tracks;
however, Federal agency installations of
these products must comply with
applicable State or local construction
codes, as well as the Consumer Product
Safety Commission standards and the
Americans With Disabilities Act. The
Consumer Products Safety Commission
requires that playground surfaces meet
certain performance standards to reduce
head injuries, including ASTM
specification F 1292, pertaining to
impact attenuation standards.
Playground surfacing and running
tracks must also comply with the
Americans With Disabilities Act, which
provides that mobility-impaired persons
cannot be prohibited from access to
public places.
EPA requests information on any
other specifications that apply to the use
and manufacture of playground surfaces
and running tracks, and what impact
these specifications would have on the
use of recovered materials in the
manufacture of these items.
c. Impact of government procurement.
Playground surfaces and running tracks
are used by Federal agencies for
installation at military bases and parks
and recreation facilities. Playground
surfaces are also used in day care
centers and housing developments.
3. Designation
Today, in § 247.15, EPA proposes to
designate playground surfaces and
running tracks containing recovered
rubber or plastic. This designation does
not preclude a procuring agency from
purchasing playground surfaces or
running tracks manufactured using
other materials. It simply requires that
a procuring agency, when purchasing
playground surfaces or running tracks
manufactured from rubber or plastic,
purchases such items made with
recovered materials.
:. Landscaping Products
A. Hydraulic Mulch
1. Background
Hydraulic mulch is a landscaping and
erosion control product. It is made of
small pieces of cellulose fibers, which
can be either wood or paper. It is
applied to a soil surface by mechanical
spraying, usually in a process known as
hydroseeding, which involves spraying
a mixture of water, seeds, and the
hydraulic mulch over soil. The mulch
provides stability for the soil,
preventing erosion, and provides
protection and warmth for the seeds,
facilitating germination. Other
ingredients also may be added to the
mixture, such as a non-toxic green dye,
fertilizer, a tacking agent, or a wetting
agent.
a. Paper-based hydraulic mulch.
Paper-based hydraulic mulch is
produced using recovered paper as a
feedstock. Old newspapers are the
primary recovered paper used, but some
manufacturers also are mixing in over-
issue newspapers and/or magazines,
and postconsumer corrugated
containers, office paper, and telephone
books.
Paper-based hydraulic mulch is
manufactured primarily by cellulose
insulation manufacturers. EPA is aware
of 37 manufacturers that produce both
cellulose insulation and hydraulic
mulch. In 1990, hydraulic mulch
manufacturers consumed 98,000 tons of
recovered newspaper, and the American
Forest & Paper Association (AFPA)
projects consumption to increase to
180,000 tons by 1995. The majority of
these manufacturers use up to 100
percent postconsumer and recovered
paper.
b. Wood-based hydraulic mulch.
Wood-based hydraulic mulch generally
is manufactured with wood fibers,
which are recovered from wood scraps,
wood chips, and bark. At least one
manufacturer of wood-based hydraulic
mulch produces a blended product
containing 50 percent recovered paper.
Another manufacturer produces wood-
based hydraulic mulch containing 100
percent postconsumer recovered wood
and blends of postconsumer recovered
wood and paper.
c. Applications. Hydraulic mulch is
used for re-seeding and soil stabilization
during highway construction; seeding
during mine site reclamation, pipeline
installation, and landfill closure;
residential and industrial landscaping;
temporary erosion control at
construction sites; and seeding of
athletic fields and golf courses.
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It can be used alone or in conjunction
with straw or hay. Hydraulic mulch is
preferred for steep slopes and
embankments where seed is blown into
place, rather than applied with
mechanical seeding machines. It also
works best with low-growing ground
cover seeds that are frequently planted
for erosion control. In general, straw
mulch is considered the best product for
erosion control and promoting
vegetative growth; however, depending
on climate, hydraulic mulch or a
combination of straw and hydraulic
mulch is preferred. In the latter
situation, hydraulic mulch is used to
anchor the straw to prevent it from
blowing away.
2. Rationale for Designation
EPA believes that hydraulic mulch
products satisfy the statutory criteria for
selecting items for designation.
a. Use of materials in solid waste. As
discussed above in section n.A, paper is
a significant component of the solid
waste stream, but one that is technically
and economically feasible to recover for
reuse. Construction and demolition
debris contains a significant percentage
of wood. Although recovered paper is
used by the pulp and paper industry,
there continues to be a need for
additional markets for this material.
b. Technically proven uses.
Production of hydraulic mulch products
has grown steadily over the past six
years. There are at least 37
manufacturers of paper-based hydraulic
mulch located throughout the U.S.
There also are several manufacturers of
wood-based hydraulic mulch using
recovered wood.
The hydraulic mulch industry is
divided on the benefits and drawbacks
of paper-based and wood-based
hydraulic mulch. Manufacturers of each
item claim superior performance of their
products. It is EPA's understanding that
the International Erosion Control
Association is developing performance
standards for hydraulic mulch to resolve
the dispute over performance. The
standards will be based on the amount
of vegetation produced, not on physical
specifications of the product. As of early
1994, these standards were still under
development.
c. Impact of government procurement.
Government agencies purchase, or use
appropriated Federal funds to purchase,
hydraulic mulch products. EPA
estimated the 1990 expenditures for
these products to be $10-15 million, or
approximately 50 percent of the
hydraulic mulch industry's total
revenues. The Federal government
represents a large share of this market,
because hydraulic mulch products are
used extensively in highway
construction, funded with monies from
the Federal Highway Trust Fund. Other
major users of seeding products are the
General Services Administration, Forest
Service, Army Corps of Engineers, and
several bureaus within the Department
of Interior. In addition, Federal grant
monies from the Department of Housing
and Urban Development can be used in
landscaping and other soil management
activities.
Federal and state specifications can be
a barrier to increased use of hydraulic
mulch products. A1990 survey
conducted by a mulch manufacturer
revealed that 19 states either disallowed
the use of paper-based hydraulic mulch
or had specifications that did not
specifically include this product in die
list of approved materials. EPA
examined this information and found
that some state and Federal
specifications prohibit the use of paper-
based hydraulic mulch. Reasons
provided ranged from lack of
information to previous performance
problems with paper-based hydraulic
mulch. Some of the agencies' experience
with performance was more than ten
years old, however, and did not reflect
improvements to quality made by
manufacturers of paper-based hydraulic
mulch since the agencies last tested the
product.
Other states and Federal agencies
permit paper-based hydraulic mulch to
be used. limited research conducted for
EPA revealed that at least the States of
California, Illinois, Michigan,
Pennsylvania, Texas, Virginia, and
Washington allow the use of paper-
based hydraulic mulch. EPA requests
information about other state
specifications allowing the use of paper-
based hydraulic mulch.
Based on the successful usage of
paper-based hydraulic mulch by these
other states and by Federal agencies,
EPA believes that usage of this product
will increase as procuring agencies
begin to obtain current information
about the performance characteristics of
paper-based hydraulic mulch, and begin
to use the products currently available.
3. Designation
Today, in § 247.16(a), EPA proposes
to designate hydraulic mulch products
used for landscaping and erosion
control in hydroseeding applications
and as an over-spray for straw mulch.
This designation includes both paper-
based hydraulic mulch and wood-based
hydraulic mulch containing recovered
materials. Potential uses include re-
seeding and soil stabilization during
highway construction; seeding during
pipeline installation, mine site
reclamation, and landfill closure;
residential, institutional, and
commercial landscaping; temporary
erosion control at construction sites;
and seeding of athletic fields and golf
courses.
B. Yard Trimmings Compost
1. Background
Composting is a biological process of
stabilizing organic matter under
controlled conditions into a product
that is rich in humus and provides
organic matter and nutrients to the soil.
Compost has been defined by the
Compost Council, the trade association
for the composting industry, in its
"Composting Glossary," as follows:
Compost is the stabilized and sanitized
product of composting; compost is largely
decomposed material and is in the process of
humification (curing). Compost has little
resemblance in physical form to the original
material from which it was made. Compost
is a soil amendment, to improve soils.
Compost is not a complete fertilizer unless
amended, although composts contain
fertilizer properties, e.g., nitrogen,
phosphorus, and potassium, that must be
included in calculations for fertilizer
application.
Composting serves as an alternative
method of managing those organics that
would otherwise be landfilled.
Although up to 60 percent of municipal
solid waste is potentially compostable
(including food and paper), yard
trimmings are the least controversial
feedstock for compost. Yard trimmings
composting returns yard trimmings and
leaves to the soil. When grass clippings
are included with leaves and other yard
trimmings, the resulting compost can
serve as a suitable nitrogen source with
an optimal carbon/nitrogen ratio for
most applications.
The amount of compost produced
from mixed municipal solid waste
produced in the U.S. is currently not
high. As of February 1993, there were 20
mixed municipal solid waste
composting facilities in operation, 10
pilot programs, and about 60 projects
under development. The amount of
compost being produced from food
scraps is even smaller, with much of the
current production coming from pilot
projects. For this reason, EPA is not
including compost made with mixed
municipal solid waste and/or food
scraps in today's proposed item
designation.
High quality compost is fully
"mature," which means that the
composting process is completed. ,
Mature compost is free of pathogens and
weed seeds. Compost is used as a soil
conditioner, soil amendment, lawn top
dressing, potting soil mixture, rooting
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medium, and mulch for shrubs and
trees, and for improvement of golf and
other sports turf. It can also be used in
erosion control and soil reclamation.
Compost can be used in agriculture,
horticulture, silviculture (growing of
trees), and in landscaping. Compost can
also be used in land reclamation and
revegetation of roadsides after road
construction. As a result, compost
should have wide applicability to
procuring agencies for landscaping,
gardening, seeding, and other
applications.
An important consideration for the
compost purchaser is the availability of
sufficient quantities of high quality
compost and certainty that it is of
sufficiently high quality for its intended
use. Because of the high volume of yard
trimmings currently discarded each
year, there is no shortage of raw
materials that would preclude
composting facilities from supplying
large volumes of yard trimmings
compost. A significant portion of the
yard trimmings is being composted, and
the percentage is increasing. Only 651
yard trimmings composting facilities
were operating in 1988. This increased
to more than 2,200 yard trimmings
composting facilities at the end of 1991,
continuing to increase to nearly 3,000
facilities at the end of 1992. Thus, the
quantity of compost available from local
sources is expected to increase in the
near future.
2. Rationale for Designation
EPA believes that yard trimmings
compost satisfies the statutory criteria
for selecting items for designation.
a. Use of materials in solid waste. As
discussed above in section II.A, yard
debris (leaves, lawn clippings, bush and
tree trimmings) comprise 18 percent of
the municipal waste stream. These
materials can be composted and used as
soil amendments, rather than landfilled
or incinerated. Thus, the use of compost
can significantly reduce the amount of
yard trimmings, grass clippings, and
leaves disposed in landfills.
b. Technically proven uses. Adding
compost to soils can improve their
suitability for plant growth. The organic
matter in compost is particularly
beneficial in poor soils. Adding compost
to clay soils reduces soil density and
compaction, increases aeration, and
increases soil porosity and drainage.
These changes lessen the danger of root
rot disease. Compost added to sandy
soils binds soil particles to increase
water and nutrient retention, as well as
resistance to drought and erosion.
The Composting Council is helping to
define and develop industry-wide
standards for composts made from
various combinations of these materials.
The standards will include a Standard
Operating Guide for composting
facilities, which is currently available in
draft form from The Composting
Council, as well as standards for
suitability of different types of composts
for different markets, depending on the
content of the compost.
Other advantages of compost, in
addition to organic materials and
nutrients being returned to the soil are
the following:
• The soil tilth and soil structure are
improved.
• Soil temperature is moderated, so
that plant roots are warmed in winter
and, through water retention, are cooled
in dry, hot conditions.
• Increased organic content increases
soil microbial activity, which fosters •
plant growth.
• Compost creates a favorable
environment for earthworms that aerate
soil and allow water to reach plant
roots.
• Mature composts suppress some
plant diseases, such as wilt and root rot,
which reduces the need for chemical
pesticides and fungicides.
• All compost nutrients, such as
nitrogen, are in organic form and,
therefore, are released slowly over time.
The use of compost can reduce the need
for fertilizer by 30 percent.
• Because less fertilizer and fewer
pesticides are needed, non-point source
run-off can be reduced.
(i) Disease control. Research
conducted at Ohio State University and
verified in Florida, Pennsylvania,
Alabama, and elsewhere, shows that
compost can replace part and, in some
cases, all of the fumigants and
fungicides used on food crops or
landscape projects on Federal lands.
When compost of bark and other
materials is used in potting mixes, this
will prevent rotting of seedlings and
roots caused by certain organisms. Also,
compost has been shown to be
important in controlling wilt disease in
certain flowers commonly grown for
indoor use. Specifically, compost
prevents fusarium wilt disease on
cyclamens, which is important because
there are no fungicides available which
can do so. Other projects have
demonstrated that the use of compost
can control disease and result in
reduced use of fertilizers, which can
leach into surface waters.
(ii) Benefits for soil reclamation.
Compost can be used in soil reclamation
projects. The fine organic composition
increases the soil's water-holding
capacity. Compost also increases water
infiltration into the soil. The formation
of compost-soil aggregates reduces soil
compaction, increases soil friability and,
therefore, decreases the erodability of
soil. The nutrient and organic carbon
content of compost serve as a food
source for soil microbes, thus increasing
the availability of the soil's organic and
nutrient content to plants and aiding
faster recycling of nutrients within the
system. Finally, there are water-stable
aggregates that are formed from the
microbial by-products that prevent the
formation of surface crusts on soil,
which can inhibit seedling growth.
c. Impact of government procurement.
Military installations alone have about
20 million acres of land. The potential
compost usage (at 40 cubic yards per
acre) for even part of this acreage would
be immense. In addition, the Forest
Service and Park Service maintain
500,000 miles of roadsides and
embankments. Therefore, the Federal
market for compost made with yard
trimmings, leaf compost, and/or grass
clippings could be substantial.
3. Designation
Today, in § 247.16(b), EPA proposes
to designate compost made from yard
trimmings, leaves, and/or grass
clippings for use in landscaping,
seeding of grass or other plants on
roadsides and embankments, as a
nutritious mulch under trees and
shrubs, and in erosion control and soil
reclamation.
XIV. Non-Paper Office Products
A. Office Recycling Containers and
Office Waste Receptacles
1. Background
Office recycling containers and office
waste receptacles are similar in their
manufacture and basic materials
content. The most common types of
these containers are made from paper,
plastic, or steel. They include all indoor
receptacles used for the collection and
transport of waste and/or recyclable
materials, such as deskside containers,
centralized containers, and other
containers for collecting and
transporting waste and/or recyclables.
Desk tray style recycling containers are
covered under section XIV.B, which
discusses plastic desktop accessories.
a. Paper containers. GSA has
fiberboard office recycling containers
available through its Special Order
Program. Recycling containers made
from fiberboard or other papers are
covered under the paperboard section of
EPA's procurement guideline for paper
and paper products (40 CFR part 250).
Currently, EPA has information on
fiberboard recycling containers only.
However, since office recycling
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18879
containers and office waste receptacles
are similar in their manufacture and
basic materials content, this information
is also applicable to office waste
receptacles made from recovered paper.
b. Plastic containers. Plastic office
recycling containers and office waste
receptacles are made primarily from
HDPE or LDPE, but EPA is aware of at
least one vendor that manufactures the
product using commingled plastic
resins.
c. Steel containers. EPA does not have
specific data on office recycling
containers or office waste receptacles
made from recovered steel. However, all
steel products are universally made
•with at least some recovered steel. EPA
requests information on the levels of
recovered materials contained in steel
containers and receptacles.
2. Rationale for Designation
EPA believes that office recycling
containers and office waste receptacles
satisfy the statutory criteria for selecting
items for designation.
a. Use of materials in solid waste. As
discussed in Section II.A, plastics and
paper are significant components of the
solid waste stream. Steel is also a
significant component of the solid waste
stream. It is recovered in significant
quantities and used in the manufacture
of most new steel* products.
b. Technically proven uses. EPA is
aware of at least four manufacturers that
produce office recycling containers and
office waste receptacles using recovered
plastic. In addition, containers are
available through GSA's Federal Supply
Schedule 72 VII B, "Recycling
Collection Containers and Specialty
Waste Receptacles." Also, GSA has
fiberboard recycling containers available
through its Special Order Program. EPA
is aware that there are manufacturers
that produce office recycling containers
and office waste receptacles made from
steel and is interested in obtaining
information on these items.
According to the information
available to EPA, there are no national
or Federal specifications that preclude
the use of recovered materials in the
manufacture of office recycling
containers and office waste receptacles.
In lieu of referencing national or Federal
specifications, procuring agencies
usually incorporate recovered materials
content requirements into their
solicitation or contract documents when
purchasing these products.
c. Impact of government procurement.
Government agencies purchase, or use
appropriated Federal funds to purchase,
office recycling containers and office
waste receptacles. EPA does not have
specific data on the number of office
recycling containers and office waste
receptacles procured by government
agencies, although EPA expects that the
quantities are significant. Thus, the
Agency believes that these items are
procured in sufficient quantities to
support the designation of these items.
3. Designation
Today, in § 247.17(a), EPA proposes
to designate office recycling containers
and office waste receptacles made from
plastic, paper, and steel, as items that
are or can be made with recovered
materials. This designation includes all
indoor receptacles used for the
collection and transport of waste and/or
recyclable materials, such as deskside
containers, centralized containers, and
other containers for collecting and
transporting waste and/or recyclables,
and other items as determined by the
procuring agency. This designation does
not preclude a procuring agency from
purchasing containers or receptacles
manufactured using other materials,
such as wood. It simply requires that a
procuring agency, when purchasing
office recycling containers or office
waste receptacles manufactured from
plastic, paper, or steel, purchase such
containers made with recovered
materials.
B. Plastic Desktop Accessories
1. Background
Plastic desktop accessories include
desk organizers, desk sorters, desk trays,
letter trays, memo pad holders, note pad
holders, and pencil holders. They are
typically made from polystyrene and are
manufactured by injection-molding.
These items are grouped together due to
their similarity in manufacture and
composition.
Currently, EPA has information on
plastic desktop accessories made from
postconsumer recovered polystyrene
only. EPA requests information on
desktop accessories made from other
recovered materials and the recovered
materials content levels of those
products.
2. Rationale for Designation
EPA believes that plastic desktop
accessories satisfy the statutory criteria
for selecting items for designation.
a. Use of materials in solid waste. As
discussed in Section II.A, plastics are a
significant component of the solid waste
stream.
b. Technically proven uses. EPA is
aware of at least three manufacturers
that produce plastic desktop accessories
with postconsumer recovered materials
content. In addition, several office
products distributors carry these
accessories as part of their product
lines. GSA also makes these products
available through its Federal Supply
Schedule.
According to the information
available to EPA, there are no national
or Federal specifications that preclude
the use of recovered materials in the
manufacture of plastic desktop
accessories. In lieu of referencing
national or Federal specifications,
procuring agencies usually incorporate
recovered materials content
requirements into their solicitation or
contract documents when purchasing
these products.
c. Impact of government procurement.
Government agencies purchase, or use
appropriated Federal funds to purchase,
plastic desktop accessories. EPA does
not have specific data on the number of
plastic desktop accessories procured by
government agencies. However, EPA
believes that these items are procured in
sufficient quantities to support the
designation of these items.
3. Designation
Today, in § 247.17(b), EPA proposes
to designate plastic desktop accessories
as items that are or can be made with
recovered materials. This designation
includes desk organizers, desk sorters,
desk trays, letter trays, memo pad
holders, note pad holders, and pencil
holders, and other items as determined
by the procuring agency. This
designation does not preclude a
procuring agency from purchasing
desktop accessories manufactured from
another material, such as wood. It
simply requires that a procuring agency,
when purchasing plastic desktop
accessories, purchase these accessories
made with recovered materials. EPA
encourages agencies purchasing desktop
accessories made with other materials to
seek these items containing recovered
materials as well.
C. Remanufactured Toner Cartridges
I. Background
For purposes of today's rule,
remanufactured toner cartridges are
defined as toner cartridges used in laser
printers, photocopiers, facsimile
machines, or microphotographic
printers that have been remanufactured
in accordance with the procedures set
forth in GSA's Standard Procedure FCG-
STD-111.
Section 630 of the Treasury, Postal
Service, and General Government
Appropriations Act, 1993 (Pub. L. 102-
123), amended 42 U.S.C. 6962 by adding
a new section requiring Federal agencies
to purchase recycled toner cartridges (42
U.S.C. 6962J). Section 401 of the
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Treasury, Postal Service and General
Government Appropriations Act, 1994
(Pub. L. 103-123), amended and
replaced 42 U.S.C. 6962J. Federal
agencies are no longer "required" to
purchase recycled toner cartridges, but
they are "authorized to give preference
to" remanufactured toner cartridges.
It is clear that remanufacturing toner
cartridges diverts a significant number
of expended toner cartridges from the
solid waste stream and that they are
readily available in the marketplace.
Therefore, today EPA is proposing to
designate remanufactured toner
cartridges for purchase by procuring
agencies.
2. Rationale for Designation
EPA believes that remanufactured
toner cartridges satisfy the statutory
criteria for selecting items for
designation.
a. Use of materials in solid waste.
Although EPA does not have specific
data on the actual number of expended
toner cartridges requiring disposal each
year, the Agency is convinced that a
significant number of expended toner
cartridges are diverted from the solid
waste stream by toner cartridge
remanufacturing efforts.
b. Technically proven uses.
Remanufactured toner cartridges are
commonly used by government agencies
and private businesses. Toner cartridge
remanufacturing services are available
and increasing in usage as well. Over
the past few years, the number of
vendors that offer toner cartridge
remanufacturing services has increased
substantially. As of January 1994, GSA
maintained a New Item Introductory
Schedule for remanufactured toner
cartridges. In addition, GSA has two
vendors that provide remanufactured
toner cartridges to its supply program.
The performance of a remanufactured
toner cartridge can vary based on the
condition of the cartridge and the
process used to remanufacture it.
Currently, there is no Federal testing
program for remanufactured toner
cartridges. However, GSA has set forth
procedures by which remanufacturers
providing remanufactured toner
cartridges to its supply program are to
disassemble, clean, refill, and
reassemble expended cartridges. Several
states, including Wisconsin,
Connecticut, and Mississippi, also have
performance requirements in their
specifications for remanufactured toner
cartridges.
c. Impact of Government
procurement. Government agencies
purchase, or use appropriated Federal
funds to purchase, toner cartridges. EPA
does not have specific data on the
number of toner cartridges procured by
government agencies, although EPA
anticipates that the quantities are
substantial. Thus, the Agency believes
that these items are procured in
sufficient quantities to support the
designation of these items.
3. Designation
Today, in § 247.17(c), EPA proposes
to designate toner cartridges as items
that are or can be made with recovered
materials. This designation includes
both remanufactured toner cartridges
and toner cartridge remanufacturing
services.
D. Binders
I. Background
According to the information
available to EPA, there are three types
of binders: chipboard, vinyl or plastic-
covered chipboard or paperboard, and
cloth-covered chipboard or paperboard.
The paperboard or chipboard
component of all three binder types is
made from high percentages of
postconsumer recovered cardboard or
paper. Many binders, such as the three-
ring binders, also contain steel
components which, as explained
previously in this section, are
universally made from recovered steel.
EPA is interested in obtaining
information on other types of binders
made with recovered materials and the
levels of recovered materials contained
in these binders.
a. Chipboard binders. Chipboard
binders are manufactured with high
percentages of postconsumer recovered
cardboard or paper. Chipboard binders
are covered under the paperboard
section of EPA's guideline for paper and
paper products (40 CFR part 250).
D. Plastic-covered binders. In plastic-
covered binders, the paperboard or
chipboard is usually covered with vinyl
or plastic, such as polyethylene, and
may have another clear plastic coating
over the vinyl or plastic. The chipboard
or paperboard component of a plastic-
covered binder is covered under the
paperboard section of EPA's guideline
for paper and paper products (40 CFR
part 250).
c. Cloth-covered binders. The
chipboard or paperboard component of
a cloth-covered binder is made with
high percentages of postconsumer
recovered cardboard or paper.
Chipboard and paperboard are covered
under the paperboard section of EPA's
guideline for paper and paper products
(40 CFR part 250). EPA is not aware of
any manufacturers of cloth-covered
binders that use recovered materials
when producing the cloth cover and
requests comment on the validity of this
information.
2. Rationale for Designation
EPA believes that binders satisfy the
statutory criteria for selecting items for
designation.
a. Use of materials in solid waste. As
discussed in Section n.A, plastics and
paper are significant components of the
solid waste stream.
b. Technically proven uses. EPA is
aware of at least three manufacturers
that produce plastic-covered binders
with recovered plastic content in the
covering, and two manufacturers that
produce chipboard binders with
recovered paper content. At least one of
the manufacturers of plastic-covered
binders with recovered plastic content
sells its binders through GSA's New
Item Introductory Schedule. As
previously discussed, the paperboard or
chipboard component of the binders for
which EPA has information is made
from high percentages of postconsumer
recovered cardboard or paper. Several
states have also issued solicitations for
plastic-covered and chipboard binders
containing recovered materials.
According to the information
available to EPA, there are no national
or Federal specifications that preclude
the use of recovered paper in the
manufacture of chipboard binders.
GSA's specification for binders, A—A—
2549A, "Binder, Loose-Leaf (Ring),"
covers four types of binders, including
cloth bound, flexible cover; cloth
bound, stiff cover; plastic bound,
flexible cover; and plastic bound, stiff
cover. In the specification, GSA requires
its binders to contain "a minimum of
100% waste paper, including a /
minimum of 30% postconsumer
recovered materials." Based on EPA's
information, there are no requirements
in this specification that preclude the
use of recovered materials in the plastic
covering of plastic-covered binders.
However, one manufacturer stated that
one test method cited in the
specification, the Cold Crack test, may
prohibit the use of recovered plastic in
the covering for plastic-covered binders.
EPA requests information on the ability
of vendors to meet this specification.
c. Impact of government procurement.
Government agencies purchase, or use
appropriated Federal funds to purchase,
binders. EPA does not have specific data
on the number of binders procured by
government agencies, although EPA
anticipates that the quantities are
significant. Thus, EPA believes that
these items are procured in sufficient
quantities to support the designation of
these items.
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18881
3. Designation
Today, In § 247.17(d), EPA proposes
to designate binders as items that are or
can be made with recovered materials.
This designation includes plastic-
covered binders with recovered plastic
content and chipboard binders with
postconsumer recovered paper content.
This designation does not preclude a
procuring agency from purchasing a
Binder covered with or manufactured
using another material, such as cloth. It
simply requires that a procuring agency,
when purchasing plastic-covered or
chipboard binders, purchase these
binders made with recovered materials.
B. Plastic Trash Bags
1. Introduction
Plastic trash bags, also called trash
can liners, are widely available with
recovered materials content. They come
in a wide variety of colors, ranging from
clear to black; sizes, ranging from 11
gallon to 55 gallon; and thicknesses,
ranging from 0.5 mil to 1.7 mil.
According to the information available
to EPA, HDPE, LDPE, and LLDPE are the
recovered materials most commonly
used to manufacture these items. The
actual amount of recovered materials
contained in a bag is affected by the
color, size, and thickness of the bag.
Currently, EPA has information on
trash hags made from postconsumer
recovered plastic only. EPA is interested
in obtaining information on trash bags
made from other recovered materials
and the recovered materials content
levels of those products.
2. Rationale for Designation
EPA believes that plastic trash bags
satisfy the statutory criteria for selecting
items for designation.
a. Use of materials in solid waste. As
discussed in Section IF. A, plastics are a
significant component of the solid waste
stream.
b. Technically proven uses. EPA is
aware of at least five manufacturers that
produce trash bags with recovered
materials content. In addition, trash
bags with recovered materials content
are available from the GSA "Supply
Catalog." Also, the National Association
of State Purchasing Officials' Recycled
Product Database, which provides
detailed information on state purchases
of products containing recovered
materials, lists 88 different contracts for
plastic liners with recovered materials
content
GSA's Commercial Item Description
(dD) for general purpose plastic bags,
A—A—2299B, covers plastic trash bags.
This CID is based on performance
requirements. According to the
information available to EPA, CID A-A-
2299B does not preclude the use of
recovered materials in the manufacture
of plastic trash bags. In addition, several
states, including Michigan, Nebraska,
Minnesota, Delaware, and Wisconsin,
have their own specifications for plastic
trash bags containing recovered
materials.
c. Impact of government procurement.
• Government agencies purchase, or use
appropriated Federal funds to purchase,
trash bags. EPA does not have specific
data on the number of trash bags
procured by government agencies,
although EPA anticipates that the
quantities are significant. Thus, the
Agency believes that these items are
procured in sufficient quantities to
support the designation of these items.
As previously discussed, the National'
Association of State Purchasing
Officials' Recycled Product Database
lists 88 different contracts for plastic
liners with recovered materials content.
3. Designation
Today, in § 247.17(e), EPA proposes
to designate plastic trash bags as items
that are or can be made with recovered
materials. This designation does not
preclude a procuring agency from
purchasing a trash bag manufactured
using another material, such as paper. It
simply requires that a procuring agency,
when purchasing trash bags, purchase
these items made from recovered
materials. EPA encourages agencies
purchasing trash bags made with other
materials to seek these items containing
recovered materials as well.
XV. Miscellaneous
In the proposed Part 247, EPA is
establishing § 247.18 for item
designations that do not fall within any
other product category. However, EPA is
not currently proposing to designate any
items in this category.
XVI. Other Items Considered for
Designation
As explained above in section II.E, in
selecting the list of items to designate
today, EPA began with a broad list of
items known to contain recovered
materials. EPA developed three smaller
lists from this broad list: items to
designate today, items potentially to
designate depending on receipt of
further information, and items that are
not candidates for designation. This
section addresses the second and third
list.
As also discussed in section n.E, EPA
plans to establish a process for the
public to provide us with information
about use of recovered materials to
manufacture products. This process will
enable us to obtain current information
about designated items, the items
discussed in this section, and any other
products that are or can be made with
recovered materials. EPA will issue a
separate Federal Register notice
regarding this process.
EPA believes that the following items
are potential candidates for designation,
but the Agency currently has
insufficient information about them. For
many of these items, EPA has
information pertinent to only one or two
of the item selection criteria. The
available information has been placed in
the RCRA docket. EPA requests that
product manufacturers, vendors,
government agencies, and others,
provide information pertinent to all of
the selection criteria, the types and
percentage(s) of recovered materials
used in the items, and applicable
specifications or specifications
provisions that present a barrier to use
of recovered materials in the items.
Refer to Section H.D of this preamble for
the selection criteria.
Vehicular Products—grease
containing re-refined oil, truck bed mats
containing recovered rubber or plastic,
and mud flaps containing recovered
rubber.
Construction Products—plastic
lumber products, shower dividers
containing recovered HDPE, carpet
runners, curbing/parking stops
containing recovered plastic, snow
fence containing recovered plastic,
stoneware and other floor tile,
acoustical panels other than fiberboard
panels, particleboard, hardboard,
medium density fiberboard, downspout
splashblocks, wall coverings, and
asphalt patching and paving materials
made from recovered asphalt roofing
materials.
Landscaping Products—garden and
soaker hoses, and lawn and garden
edging containing recovered plastic.
Non-paper Office Products—Tyvek.
envelopes, reinked printer ribbons,
audio/video cassette tape cases, and
rulers and other accessories containing
recovered materials.
Miscellaneous Products—dock
bumpers, latex paint, mattresses/
mattress pads/pillows, and absorbents
containing recovered paper and other
recovered materials.
In addition, EPA considered the
following items for designation but,
based on the available information, has
determined that it would be
inappropriate to designate them at this
time. Included is a brief description of
the basis for this determination. EPA
requests additional information about
these products that would demonstrate
that they are candidates for designation
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as procurement items under RCRA
section 6002.
Glass Fiber—Glass fiber is a
component of a product rather than a
product itself. The existing building
insulation products procurement
guideline applies to two items
containing glass fiber: fiberglass
insulation and glass fiber-reinforced
plastic rigid foam.
Pallet Stretch Wrap—According to the
information available to EPA, this item
is recyclable but is not currently
available containing recovered
materials.
Sheet Glass—According to the
information available to EPA, this item
currently is not commonly available
containing recovered materials.
Strapping—According to the
information available to EPA, there is
only one source for strapping containing
recovered materials.
XVH. Availability
Once the item designations in today's
proposed CPG are finalized, EPA will
develop lists of manufacturers or
vendors of these items. These lists will
be updated periodically as new sources
are identified and product information
changes. Procuring agencies should
contact the manufacturers directly to
discuss their specific needs and to
obtain detailed information on the
availability and price of recycled
products meeting those needs. To assist
procuring agencies, the lists will be
made available at no charge by calling
EPA's RCRA Hotline at (800) 424-9346,
or, in the Washington, DC area, at (703)
412-9810. They also will be available
for review in the RIG. For additional
details about the location and schedule
of the RIG, see the ADDRESSES section at
the beginning of this preamble.
The General Services Administration
(GSA) also publishes "Environmental
Products Guide," which lists items
available through its Federal Supply
Service. This Guide is updated
periodically as new items become
available. Copies of the GSA
"Environmental Products Guide" can be
obtained by contacting GSA's
Centralized Mailing List Service in Fort
Worth, Texas at (817) 334-5215.
In addition to the information
provided by EPA and GSA, there are
other publicly-available sources of
information about products containing
recovered materials. For example, the
"Official Recycled Products Guide"
(RPG) was established in March 1989 to
provide a broad range of information on
recycled products. Listings include
product, company name, address,
contact, telephone, fax, type of company
(manufacturer or distributor), and
minimum recycled content. Price
information is not included. The RPG is
available on a subscription basis from
American Recycling Market, Inc., (800)
267-0707. Private corporations that
have researched recycled product
availability may also be willing to make
this information publicly available. For
instance, as part of their McRecycle
USA® program, the McDonald's
Corporation established a Registry
Service for manufacturers and suppliers
of recycled products. The Corporation
has compiled a database of registrants
and makes this information available
upon request. More information on the
McRecycle USA® Registry Service is
available by calling (800) 220-3809.
State and local recycling programs are
also a potential source of information on
local distributors and availability. In
addition, state and local government
purchasing officials that are contracting
for recycled products may have relative
price information. A list of state
purchasing/procurement officials has
been placed in the RCRA public docket
and will be updated periodically. Also
included in the public docket is a list of
States with recycled products
purchasing programs, current as of April
1994.
Information is also available from
trade associations whose members
manufacture or distribute products
containing recovered materials. A list of
trade associations with members that
manufacture or distribute recycled
products is included in the RCRA
public docket for this notice.
XVm. Economic Impact Analysis
A. Requirements of Executive Order
12866
Executive Order 12866 requires
agencies to determine whether a
regulatory action is "significant." The
Order defines a "significant" regulatory
action as one that is likely to result in
a rule that may:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect, in a material way, the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities;
(2) Create serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs or the rights and
obligations of recipients; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President's priorities, or the principles
set forth in the Executive Order.
The cost of the proposed rule is below
the $100 million threshold. However,
EPA believes that the rule may raise
policy issues and, therefore, is
considering it a significant regulatory
action. To enable the Agency to evaluate
the potential impact of today's action,
EPA has conducted an Economic Impact
Analysis (EIA), discussed below. For
more information on the EIA, see the
technical background document for the
CPG in the docket for today's proposed
rule.
B. Summary of Benefits
As stated in Section H.B, "Benefits of
Recycling," there are many benefits to
this rule. In particular, this rule will
result in more efficient use of natural
resources by encouraging recycling and
preventing waste. By purchasing
products containing recovered materials
pursuant to the guidelines established
under RCRA and Executive Order
12873, the Federal government will be
increasing the amount of recovered
materials used in making these
designated products, thus increasing
markets for recovered materials.
These guidelines may further
stimulate the purchase of recycled
products nationwide, since many State
and local governments, as well as
members of the private sector, use these
guidelines as a framework for their
purchases. Because of the increased
Federal and State demand for products
made from recovered materials, EPA
anticipates that this rule will stimulate
recycling businesses and local
government recycling programs. Finally,
the increase in recovery of post-
consumer materials will result in a
conservation of municipal landfill and
incineration capacity since less material
will be going to these disposal facilities.
C. Summary of Costs
EPA estimates that the annualized
costs of today's proposed rule will range
from $1.6 to $4 million, with costs being
spread across procuring agencies (i.e.,
Federal agencies, State and local
agencies that use appropriated Federal
funds to procure designated items, and
contractors to both). EPA estimates that
the annualized cost for each product
designated in the CPG will average
approximately $430 for each Federal
agency ($600 for each Federal agency
that writes product specifications), $140
for each State, $50 for each local
government entity, and approximately
$20 per contractor.
Table 5 below presents the estimated
annualized costs to procuring agencies
for today's proposed rule. The table
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Federal Register / Vol. 59, No. 76 / Wednesday, April 20, 1994 / Proposed Rules 18883
presents costs annualized over 10 years
at a throe percent discount rate. Because
there is considerable uncertainty
regarding several of the parameters that
drive the costs, EPA conducted a
sensitivity analysis to identify the range
of potential costs of this rule. Thus,
high-end and low-end estimates are
presented along with the best estimate.
The primary parameters affecting the
range of cost estimates are the number
of products each procuring agency is
assumed to procure each year and the
number of contractors that will be
affected by this rule. EPA is requesting
comment on both these variables and
any other assumptions in the analysis.
Details on specific assumptions are
presented in the technical background
document.
TABLE 5.—SUMMARY OF ANNUALIZED COSTS OF PROPOSED CPG
Procuring agency
Federal Agencies
Stales ....
Contractors
Totol „
Total
annualized
costs
($1000)
$340-170
160-80
2 700—1 300
800-20
4 000-1 600
Best esti-
mate total
annualized
costs
($1000)
$340
160
2110
240
2 900
Best esti-
mate av-
erage an-
nual costs
per item
per entity
$430
140
^n
pn
D. Impacted Entities
RCRA section 6002 applies to
procuring agencies that use at least a
portion of Federal funds to procure over
510,000 worth of a designated product
in a given year. EPA estimates that this
would apply to 35 Federal agencies, all
56 States and territories and 1900 local
governments. EPA based the
assumptions on the number of local
entities that would be impacted on
information regarding the amount of
Federal funds that are dispersed to
specific counties. A description of this
information is provided in the technical
background document for this proposed
rule. In addition, EPA assumed that
between 100 and 1,000 contractors may
be affected. EPA requests comments on
these assumptions.
E. CPG Requirements
Cost incurred by procuring agencies
are divided into five subsections
relating to the affirmative procurement
program requirements of RCRA section
6002(i). The subsections are initial
review; affirmative procurement
program modification; specification
review; estimation, certification, and
verification; and recordkeeping and
reporting. A summary of each
requirement is presented below. Costs
were developed assuming a 10-year time
frame, a social discount rate of three
percent and an average loaded hourly
wage of approximately $32 per hour (the
equivalent of a mid-level Federal Grade
Series—GS-12).
1. Initial Review
EPA estimates that costs to procuring
agencies to complete their initial review
in tho first year would be $1.2 million.
These costs include the costs incurred
by a procuring agency to review today's
proposed rule and determine the actions
needed to implement the rule. EPA
estimates that Federal, State, and local
governments will require approximately
18 hours to complete this initial review
activity. This cost will be incurred in
the first year only.
2. Affirmative Procurement
Modification
EPA estimates that the costs to
procuring agencies to modify their
affirmative procurement programs to
incorporate the requirements of today's
proposed rule would be $1.4 million
and would occur in the first year. These
activities can include developing or
modifying agency policies and
procedures; revising staff, contracts, and
grants manuals; and including
requirements in assistance agreements
and standard solicitation documents.
EPA estimates that procuring agencies
will require approximately two hours
per item designated in the CPG to
accomplish these activities.
3. Specification Review
EPA estimates that the costs to
procuring agencies to review their
specifications to incorporate the
requirements of today's proposed rule
would be $240,000. These costs include
the costs incurred by Federal procuring
agencies to review and revise their
specifications for designated items to
incorporate recovered materials content
standards, as required in RCRA section
6002(d)(2). Specification review can
include reviewing specifications to
identify provisions requiring revision,
conducting necessary research to
support specification revisions, and
revising the specifications. Of the 35
Federal agencies that could be
significantly impacted by today's
proposed rule, EPA estimates mat 11
agencies will revise their specifications
to incorporate recovered materials
content requirements.
For most product categories, EPA
estimates the potential time for a
Federal specification-writing agency to
review and revise its product
specifications would average 40 hours
per product in the first year. However,
for construction products, the potential
cost could be more significant because
of the complexity of the specifications
for these products. Therefore, EPA has
estimated that the time required to
review and revise specifications for
construction products would be twice
that required for the other product
categories (i.e., an average of 80 hours).
Table 6 below presents the potential
costs to Federal agencies for reviewing
and revising specifications. EPA
requests comment on its estimate of the
number of hours allocated for each
category of items.
The statute does not require State and
local governments and contractors to
review and revise their specifications
for designated items. However, State
and local governments will have to
consider the inclusion of requirements
for procuring designated items in
solicitation documents and other
contract vehicles. EPA anticipates that
these costs would be the incremental
cost of incorporating these additional
requirements into existing documents
where procurement of designated items
is a concern. EPA believes that these
costs would be minimal.
Contractors will be affected by the
incorporation of recovered materials
requirements in government
solicitations and contract documents.
All potential contractors will spend
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•J88B4 Federal Register / Vol. 59, No. 76 / Wednesday, April 20, 1994 / Proposed Rules
additional resources reading the
additional procurement language in
these documents. Potential contractors
must seek out information about
products that contain recovered
materials and must verify that they
conform with the content standards
required in the solicitation. They also
must ensure that the use of recovered
materials is compatible with other
aspects of their proposal. Thus, the
incorporation of these additional
requirements in solicitation and
contract documents will increase the
potential contractor's cost of preparing a
bid. All bidders, including unsuccessful
bidders, will bear these additional
information collection costs, which may
be passed on to the government in the
form of higher bid prices. EPA requests
comment on the additional time
necessary for contractors to construct
bids involving products containing the
proposed recovered materials content
requirements. The Agency also requests
comment on the number of contracts
and contractors that will be affected by
this proposal and asks for additional
information in order to estimate more
accurately the costs that may be borne
by contractors as a result of today's
proposal.
TABLE 6.—POTENTIAL FEDERAL COSTS FOR SPECIFICATION REVISIONS
Product category
Vehicular Products
Construction Products
Transportation Products
Park and Recreation Products
Landscaping Products
Non-Paper Office Products
No. of
items
1
2"
2
6
Total No. of
agencies po-
tentially af-
fected
m
1
1
Specification
review and re-
vision time per
item (in hours)
41)
41)
40
Costs per
product cat-
egory (In
$1000)
$3
207
10
13
8
Since today's proposed rule does not address paper and paper products, there will be no costs incurred in this category.
4. Estimation, Certification and
Verification
EPA estimates that the costs to
procuring agencies to perform the
estimation, certification, and
verification requirements resulting from
today's proposed rule are $1.4 million.
These costs include costs incurred by
establishing procedures for estimating,
certifying, and, where appropriate,
verifying the amount of recovered
materials utilized in the performance of
a contract. EPA estimates that procuring
agencies will require approximately two
hours per item per year to accomplish
these activities.
5. Annual Review and Preference
Program Modification
EPA estimates that the annual costs to
procuring agencies to annually review
and modify their preference .programs
are $750,000. These costs include costs
incurred by procuring agencies to
annually review and modify their-
preference programs to ensure that
when they purchase designated items,
they purchase them containing the
highest percentage of recovered
materials practicable. EPA anticipates
that as procuring agencies determine,
through their market research, that
products are available with higher
percentages of recovered materials, that
they will adjust their preference
programs, including their minimum
content standards, accordingly, and that
this process will occur on a continual,
rather than annual basis. Where this is
the case, procuring agencies then
modify their preference programs to
incorporate the new recovered materials
content levels. To accomplish this task,
EPA estimates that procuring agencies
will require approximately one hour per
product per year.
6. Recordkeeping and Reporting
EPA estimates that the annual costs to
procuring agencies for additional
recordkeeping and reporting
requirements resulting from today's
proposed rule are $240,000. These costs
include costs incurred by procuring
agencies to ensure their compliance
with RCRA section 6002 and Executive
Order 12873. Based on the Office of
Federal Procurement Policy's current
reporting format, EPA anticipates that
Federal agencies would expend
approximately 10 hours per item to
complete this activity. Other procuring
agencies are not subject to this
requirement.
F. Product Cost
Another potential cost of today's
proposed action is the possible price
differential between an item made with
recovered materials and equivalent item
manufactured using virgin materials. As
discussed in section n.D.6, relative
prices of recycled products compared to
prices of comparable virgin products
vary. In many cases, recycled products
may be less expensive than their virgin
counterparts. In other cases, virgin
products may have lower prices than
recycled products. However, other
factors can also affect the price of virgin
products. For example, temporary
fluctuations in the overall economy can
create oversupplies of virgin products,
leading to a decrease in prices for these
items. Under RCRA section 6002(c),
procuring agencies are not required to
purchase a product containing
recovered materials if it is only available
at an unreasonable price. However, the
decision to pay more or less for such a
product is left to the procuring agency
which may or may not incur additional
costs due to price differentials. EPA
requests comment on the potential
impact of today's proposed rule on the
costs to procuring agencies to purchase
designated items containing recovered
materials Versus those same items made
with virgin materials.
G. Regulatory Flexibility Analysis
The primary purpose of the
Regulatory Flexibility Analysis is to
identify if there is an adverse impact to
small businesses that are directly
regulated by the rule and to examine
regulatory alternatives that fall within
the scope of the statutory requirements
that would reduce impacts to small
businesses, small organizations, or small
governmental jurisdictions subject to
the regulation. The RCRA procurement
requirements apply to procuring
agencies that procure more than $10,000
of a designated product. No exemption
is included in the statute for small
businesses. Therefore, EPA has decided
that alternative regulatory approaches
for small businesses are not appropriate
for this rule.
With regard to possible impacts to
small businesses, there may be both
positive and negative impacts to
individual businesses. EPA anticipates
that this rule will provide additional
opportunities for small recycling
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Federal Register / Vol. 59, No. 76 / Wednesday, April 20, 1994 / Proposed Rules 18885
businesses to begin supplying recovered
materials to manufacturers and products
mndo from recovered materials to
procuring agencies. In addition, other
small businesses that do not directly
contract with procuring agencies may be
affected positively by the increased
demand for recovered materials. These
Include small businesses involved in
materials recovery programs and
materials recycling. Municipalities that
run recycling programs are also
expected to benefit from the increased
demand for certain recovered materials.
EPA is unable to determine the
number of small businesses that may be
adversely impacted by this proposed
rule. It is possible that if a small
business that currently supplies
products to a procuring agency uses
virgin materials only, today's proposed
CPG may reduce its ability to compete
for future contracts. However, the
proposed CPG will not affect existing
purchase orders, nor will it preclude
businesses from adapting their product
lines to meet new specification or
solicitation requirements for products
containing recovered materials. Thus,
many small businesses that market to
procuring agencies have the option to
adapt their product lines to meet
specifications.
XDC. Supporting Information
Materials in Solid Waste
"Post-Consumer Plastics Recycling
Rates: 1991 and 1992,; American
Plastics Council, 1993.
"Construction Waste & Demolition
Debris Recycling. . .A Primer,"
Solid Waste Association of North
America.
"Integrating Wood into the Recycling
Loop," Lisa Gitlin, Recycling Today,
June 1991.
Multi-Material
"Summary Report: Development of
Preliminary Products List for the
Comprehensive Procurement
Guideline," prepared for EPA by
Science Applications International
Corporation, Inc., March 1994.
"Recycled Products Research for the
Comprehensive Procurement
Guideline," prepared for EPA by
Science Applications International
Corporation, Inc., March 1994.
Engine Coolants
"Automotive and Heavy-Duty Engine
Coolant Recycling by Filtration,"
Ered for EPA's Risk Reduction
eering Laboratory by Battelle
ibus, October 1991.
Construction Products—General
"Feasibility of Federal Procurement
Guidelines for Construction Products
Containing Recovered Materials,"
Draft Report, prepared for EPA by
E.H. Pechan & Associates, Inc., May
1990.
Fiberglass Insulation
"Research on Use of Postconsumer
Gullet in the Manufacture of
Fiberglass Insulation," prepared for
EPA by E.H. Pechan & Associates,
Inc., August 1993.
Letter to Dana Arnold, U.S. EPA, from
George R. Phelps, Director of
Government and Industry Affairs,
North American Insulation
Manufacturers Association, December
20,1993.
Structural Fiberboard/Laminated
Paperboard
"Draft Report on Fiberboard," prepared
for EPA by Science Applications
International Corporation, Inc.,
September 19,1991.
"Background Information Summary for
Guideline for Procurement of
Fiberboard Containing Recovered
Materials," Draft Report, prepared for
EPA by Science Applications
International Corporation, Inc.,
December 6,1991.
Minutes of Ex Porte Meeting Between
EPA and Representatives of
Fiberboard Manufacturers, November
14,1988.
Plastic Pipe and Fittings
"Federal Procurement Guideline
Feasibility Study for Plastic Pipe,"
Draft Report, prepared for EPA by
Science Applications International
Corporation, Inc., May 1993.
"Research on the Suitability of Recycled
High Density Polyethylene (HOPE)
Resins for Drain Pipe Applications,"
University of Toledo Polymer
Institute, July 1,1993.
Geotextiles and Related Products
"Procurement Guideline for
Geosynthetic Materials: Draft Final
Feasibility Study," Draft Report,
prepared for EPA by Science
Applications International
Corporation, Inc., June 18,1991.
Cement and Concrete
Letter to Dana Arnold, U.S. EPA, from
E. David Doane, Director, Federal
Relations, Koch Industries, Inc.,
January 25,1994.
Temporary Traffic Control Devices
"Research on Traffic Cones," prepared
by EPA Region 5, undated.
"Research on Traffic Barriers," prepared
by EPA Region 5, undated.
"List of GSA Contractors," FAX to Paul
Ruesch, U.S. EPA from Al Garza, U.S.
General Services Administration,
February 1,1994.
"Standard Specifications for
Construction of Roads and Bridges on
Federal Highway Projects," FP-85,
Section 635, Federal Highway
Administration, U.S. Department of
Transportation.
"Manual on Uniform Traffic Control
Devices," Sections 6C-8, 6C-9, and
6G-10, U.S. Department of
Transportation, 1988.
"Military Specification, MEL-M-17321F,
Markers, Traffic," U.S. Army,
September 30,1985.
Product information, Utility Plastic
Recycling Inc., January 31,1994.
Product information, WLI Industries,
Inc.
Product information, The Roadmarket
Company.
Product information, The Plastic
Lumber Co., Inc.
Product information, Don Zwiers &
Associates
Product information, Fender
Enterprises.
Product information, Scientific
Developments, Inc.
Excerpt from "Detailed Product
Listings," Indiana Energy Policy.
Hydraulic Mulch
"Hydraulic Mulch Feasibility Study,"
prepared for EPA by Science
Applications International
Corporation, Inc., June 1992.
"Paper Fiber Hydraulic Mulch Use and
Performance," prepared for EPA by
Science Applications International
Corporation, Inc., September 1991.
Compost
"A New Sense of Quality Comes to
Compost," by Gene Logsden,
Biocycle, December 1989, pp. 48-50.
"Where Will All the Compost Go?,"
Richard Kashmanian et al, Biocycle,
October 1990.
"Using Compost for Plant Disease
Control," Gene Logsden, Biocycle,
October 1993.
"Plant Protection Through Compost,"
Gene Logsden, Biocycle, January
1990.
"The Value of Composted Organic
Matter in Building Soil Fertility,"
Robert Steffen, Compost Science and
Land Utilization, September/October
1979, pp. 34-37.
"Industrial Compost is a Microbial
Banquet," Editorial, Environmental
Technology World, October 1993.
"Abandoned Mines Pose High Costs,"
Mineral Policy Center, Environmental
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18886
Federal Register / Vol. 59, No. 76 / Wednesday, April 20, 1994 / Proposed Rules
Technology Work, October 1993, p.
30.
"Municipal Solid Waste Composting:
Markets for Your Compost," Peter
Mezitt, Northeast Recycling
Conference, Workshop 2, November
1993.
"Composting: What You Should Know,"
brochure of the Solid Waste
Association of North America
(SWANA), Silver Spring, Maryland
1992.
"Restaurant Industry Considers
Composting," in Recycling
Coordinator, October 1993, p. 4.
"Summary of Markets for Compost,"
U.S. EPA, EPA/530-SW-90-073B,
November 1993.
"Yard Debris Compost for Erosion
Control," Bill Stewart and Lauren
Ettlin, Biocycle, December 1993, pp.
46-47.
"Use of Composts in Revegetating Acid
Lands," C.A. Brandt and P.L.
Hendrickson, Battelle Memorial
Institute, September 1991.
"Look Who's Composting," Ron
Alexander and Rod Tyler, Lawn and
Landscape Maintenance, exclusive
market report, November 1992, pp. •
23-33.
"Compost For Agricultural Land?," C.
Tietjen and S.A. Haft, Journal of
Sanitary Engineering Division,
A.S.C.E., April 1969, pp. 269-287.
"Cadmium Lead, Zinc, Copper and
Nickel in Agricultural Soils of the
United States of America," by Rufus
L. Chaney, et al., Journal of
Environmental Quality, 22:335-348,
1993.
"Bioavailability of Arsenic and Lead in
Soils from the Butte, Montana, Mining
District," by A. Davis, et al,
Environmental Science and
Technology, 26(3):461-468,1992.
"A Manual for Composting Sewage
Sludge by the Beltsville Aerated—Pile
Method," by J.J. Willson et al, U.S.
EPA—600/8-80-022,1980.
"National Gardening Survey," B.W.
Butterfield, National Gardening
Association, Inc., Burlington,
Vermont, 1988.
"Zinc Phytotoxicity," Rufus L. Chaney,
Proceedings of the International
Symposium on Zinc in Soils and
Plants, Sept. 27-28,1993.
"The Flip Side of Compost: What's in It,
Where to Use It and Why," R.
Kashmanian and J.M. Keyser, The
Environmental Gardener, Brookly
Botomic Garden, Inc., 1992, pp. 15-
21.
"Environmental Impact of Composting
Yard Trimmings," Michael A. Cole,
Indiana Yard Waste Solutions
Conference, January 27,1993.
List of Subjects
40 CFRPart 247
Carpet, Cement industry, Engine
coolant, Floor tiles, Geotextiles,
Government procurement, Insulation,
Landscaping industry, Office products,
Paper and paper products industry, Park
and recreations, Patio blocks,
Petroleum, Pipe, Recycling, Tires,
Traffic control devices.
40 CFR Parts 248, 249, 250, 252, and
253
Cement industry, Government
procurement, Insulation, Paper and
paper products industry, Petroleum,
Recycling.
Dated: April 13,1994.
Carol M. Browner,
Administrator.
For the reasons set out in the
preamble, under the authority at 42
U.S.C. 6912 and 6962 and EO 12873,
subchapter I of title 40 of the Code of
Federal Regulations is proposed to be
amended as set forth below.
PARTS 248,249,250,252, and 253
[REMOVED]
1. Parts 248, 249, 250, 252 and 253 are
removed.
2. Part 247 is revised to read as
follows. ,
PART 247—COMPREHENSIVE
PROCUREMENT GUIDELINE FOR
PRODUCTS CONTAINING
RECOVERED MATERIALS
Subpart A—General
Sec.
247.1 Purpose and scope.
247.2 Applicability.
247.3 Definitions.
247.4 Affirmative procurement programs.
Subpart B—Item Designations
247.10 General.
247.11 Paper and paper products.
247.12 Vehicular products.
247.13 Construction products.
247.14 Transportation products.
247.15 Park and recreation products.
247.16 Landscaping products.
247.17 Non-Paper office products.
247.18 Miscellaneous products, [reserved]
Authority: 42 U.S.C. 6912(a) and 6962;
E.O. 12873, 58 PR 54911.
Subpart A—General
§247.1 Purpose and scope.
(a) The purpose of this guideline is to
assist procuring agencies in complying
with the requirements of section 6002 of
the Solid Waste Disposal Act, as
amended by the Resource Conservation
and Recovery Act of 1976 (RCRA), as
amended, 42 U.S.C. 6962, and Executive
Order 12873, as they apply to the
procurement of the items designated in
subpart B of this part.
(b) This guideline sets forth the
requirements of RCRA section 6002, the
U.S. Environmental Protection Agency's
(EPA) designation of items that are or
can be made with recovered materials,
and definitions. EPA's
recommendations for procuring the
designated items are found in the
companion Recovered Materials
Advisory Notice(s).
(c) EPA believes that adherence to the
recommendations in the Recovered
Materials Advisory Notice(s) constitutes
compliance with RCRA section 6002.
However, procuring agencies may adopt
other types of procurement programs
consistent with RCRA section 6002.
§247.2 Applicability.
(a)(l) This guideline applies to all
procuring agencies and to all
procurement actions involving items
designated by EPA in this part, where
the procuring agency purchases $10,000
or more worth of one of these items
during the course of a fiscal year, or
where the cost of such items or of
functionally equivalent items purchased
during the preceding fiscal year was
$10,000 or more.
(2) This guideline applies to Federal
agencies, to State and local agencies
using appropriated Federal funds to
procure designated items, and to
persons contracting with any such
agencies with respect to work performed
under such contracts. Federal procuring
agencies should note that the
requirements of RCRA section 6002
apply to them whether or not
appropriated Federal funds are used for
procurement of designated items.
(3) The $10,000 threshold applies to
procuring agencies as a whole rather
than to agency subgroups such as
regional offices or subagencies of a
larger department or agency.
(b) The term "procurement actions"
includes:
(1) Purchases made directly by a
procuring agency and purchases made
directly by any person (e.g., a
contractor) in support of work being
performed for a procuring agency, and
(2) Any purchases of designated items
made "indirectly" by a procuring
agency, as in the case of procurements
resulting from grants, loans, funds, and
similar forms of disbursements of
monies.
(c)(l) This guideline does not apply to
purchases of designated items which are
unrelated to or incidental to Federal
funding, i.e., not the direct result of a
contract or agreement with, or a grant,
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Federal Register / Vol. 59, No. 76 / Wednesday, April 20, 1994 / Proposed Rules 18887
loan, or funds disbursement to, a
procuring agency.
(2) This guideline also does not apply
to purchases made by private party
recipients (e.g., individuals, non-profit
organizations) of Federal funds other
than contracts (i.e., grants, loans,
cooperative agreements, and other funds
disbursements).
§247.3 Definitions.
As used in this Comprehensive
Procurement Guideline and the related
Recovered Materials Advisory Notice(s):
Act or RCRA means the Solid Waste
Disposal Act, as amended by the
Resource Conservation and Recovery
Act, as amended, 42 U.S.C. 6901 et seq;
Blanket insulation means relatively
flat and flexible insulation in coherent
sheet form, furnished in units of
substantial area. Batt insulation is
included in this term;
Bleached papers means paper made of
pulp that has been treated with
bleaching agents;
Board insulation means semi-rigid
insulation preformed into rectangular
units having a degree of suppleness,
particularly related to their geometrical
dimensions;
Bond paper means a generic category
of paper used in a variety of end use
applications such as forms (see form
bond), offset printing, copy paper,
stationery, etc. In the paper industry,
the term was originally very specific but
is now very general;.
Book paper means a generic category
of papers produced in a variety of forms,
weights, and finishes for use in books
and other graphic arts applications, and
related grades such as tablet, envelope,
and converting papers;
Brown papers means papers usually
made from unbleached kraft pulp and
used for bags, sacks, wrapping paper,
and so forth;
Building insulation means a material,
primarily designed to resist heat flow,
which is installed between the
conditioned volume of a building and
adjacent unconditioned volumes or the
outside. This term includes but is not
limited to insulation products such as
blanket, board, spray-in-place, and
loose-fill that are used as ceiling, floor,
foundation, and wall insulation;
Ceiling insulation means a material,
primarily designed to resist heat flow,
which is installed between the
conditioned area of a building and an
unconditioned attic as well as common
ceiling floor assemblies between
separately conditioned units in multi-
unit structures. Where the conditioned
area of a building extends to the roof,
ceiling insulation includes such a
material used between the underside
and upperside of the roof;
Cellular polyisocyanurate insulation
means insulation produced principally
by the polymerization of polymeric
polyisocyanantes, usually in the
presence of polyhydroxl compounds
with the addition of catalysts, cell
stabilizers, and blowing agents;
Cellular polystyrene insulation means
an organic foam composed principally
of polymerized styrene resin processed
to form a homogenous rigid mass of
cells;
Cellular polyurethane insulation
means insulation composed principally
of the catalyzed reaction product of
polyisocyanurates and polyhydroxl
compounds, processed usually with a
blowing agent to form a rigid foam
having a predominantly closed cell
structure;
Cellulose fiber loose-fill means a basic
material of recycled wood-based
cellulosic fiber made from selected
paper, paperboard stock, or ground
wood stock, excluding contaminated
materials which may reasonably be
expected to be retained in the finished
product, with suitable chemicals
introduced to provide properties such as
flame resistance, processing and
handling characteristics. The basic
cellulosic material maybe processed
into a form suitable for installation by
pneumatic or pouring methods;
Coarse papers means papers used for
industrial purposes, as distinguished
from those used for cultural or sanitary
purposes;
Commercial Item Descriptions means
a series of simplified item descriptions
under the Federal specifications-and-
standards program used in the
acquisition of commercial off-the-shelf
and commercial type products;
Computer paper means a type of
paper used in manifold business forms
produced in rolls and/or fan folded. It
is used with computers and word
processors to print out data,
information, letters, advertising, etc. It is
commonly called computer printout;
Conditioned means heated and/or
mechanically cooled;
Corrugated boxes means boxes made
of corrugated paperboard, which, in
turn, is made from a fluted corrugating
medium pasted to two flat sheets of
paperboard (linerboard); multiple layers
may be used;
Cotton fiber content papers means
paper that contains a minimum of 25
percent and up to 100 percent cellulose
fibers derived from lint cotton, cotton
linters, and cotton or linen cloth
cuttings. It is also known as rag content
paper or rag paper. It is used for
stationery, currency, ledgers, wadding
invitations, maps, and other specialty
papers;
Cover stock or cover paper means a
heavyweight paper commonly used for
covers, books, brochures, pamphlets,
and the like;
Doilies means paper place mats used
on food service trays in hospitals and
other institutions;
Duplicator paper means writing
papers used for masters or copy sheets
in the aniline ink or hectograph process
of reproduction (commonly called spirit
machines);
Engine lubricating oils means
petroleum-based oils used for reducing
friction in engine parts;
Envelopes means brown, manila,
padded, or other mailing envelopes not
included with stationery;
Facial tissue means a class of soft
absorbent papers in the sanitary tissue
group;
Federal agency means any
department, agency, or other
instrumentality of the Federal
government; any independent agency or
establishment of the Federal
government including any government
corporation; and the Government
Printing Office;
Fiber orfiberboord boxes means boxes
made from containerboard, either solid
fiber or corrugated paperboard (general
term); or boxes made from solid
paperboard of the same material
throughout (specific term);
Fiberglass insulation means
insulation which is composed
principally of glass fibers, with or
without binders;
Fittings refers to a piping component
used to join or terminate sections of
pipe, or to provide changes in direction
or branching in a pipe system;
Floor insulation means a material,
primarily designed to resist heat flow,
which is installed between the first level
conditioned area of a building and an
unconditioned basement, a crawl space,
or the outside beneath it. Where the first
level conditioned area of a building is
on a ground level concrete slab, floor
insulation includes such as material
installed around the perimeter of or on
the slab. In the case of mobile homes,
floor insulation also means skirting to
enclose the space between the building
and the ground;
Foam-in-place insulation is rigid
cellular foam produced by catalyzed
chemical reactions that hardens at the
site of the work. The term includes
spray-applied and injected applications
such as spray-in-place foam and pour-
in-place;
Folding boxboard means a paperboard
suitable for the manufacture of folding
cartons;
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^—HIIIHI1I.II — —
Form bond means a lightweight
commodity paper designed primarily for
business forms including computer
printout and carbonless paper forms
(see manifold business forms);
Foundation insulation means a
material, primarily designed to resist
heat flow, which is installed in
foundation walls between conditioned
volumes and unconditioned volumes
and the outside or surrounding earth, at
the perimeters of concrete slab-on-grade
foundations, and at common foundation
wall assemblies between conditioned
basement volumes;
Gear oils means petroleum-based oils
used for lubricating machinery gears;
Geotextiles means any permeable
textile material used with foundation,
soil, rock, earth, or any other
geotechnical engineering related
material, as an integral part of a
manmade project, structure, or system;
Glass fiber reinforced
polyisocyanurate/polyurethane foam
means cellular polyisocyanurate or
cellular polyurethane insulation made
with glass fibers within the foam core;
Hydraulic fluids means petroleum-
based hydraulic fluids;
Hydraulic mulch means a mulch that
is a cellulose-based (paper or wood)
protective covering that is mixed with
water and applied through mechanical
spraying in order to aid the germination
of seeds and to prevent soil erosion;
Hydroseeding means the process of
spraying seeds mixed with water
through a mechanical sprayer
(hydroseeder). Hydraulic mulch,
fertilizer, a tacking agent, or a wetting
agent can also be added to the water/
seed mix for enhanced performance;
Industrial wipers means paper towels
especially made for industrial cleaning
and wiping;
Invitation for Bids means the
solicitation for prospective suppliers by
a purchaser requesting their competitive
price quotations;
Laminated paperboard means board
made from one or more plies of kraft
paper bonded together, with or without
facers, that is used for decorative,
structural, or insulating purposes;
Ledger paper means a type of paper
generally used in a broad variety of
recordkeeping type applications such as
in accounting machines;
Loose-fill insulation means insulation
in granular, nodular, fibrous, powdery,
or similar form, designed to be installed
by pouring, blowing or hand placement;
Manifold business forms means a type
of product manufactured by business
forms manufacturers that is commonly
produced as marginally punched
continuous forms in small rolls or fan
folded sets with or without carbon
paper interleaving. It has a wide variety
of uses such as invoices, purchase
orders, office memoranda, shipping
orders, and computer printout;
Mill broke means any paper waste
generated in a paper mill prior to
completion of the papermaking process.
It is usually returned directly to the
pulping process. Mill broke is excluded
from the definition of recovered
materials;
Mimeo paper means a grade of writing
paper used for making copies on stencil
duplicating machines;
Mineral fiber insulation means
insulation (rock wool or fiberglass)
which is composed principally of fibers
manufactured from rock, slag or glass,
with or without binders;
Newsprint means paper of the type
generally used in the publication of
newspapers or special publications like
the Congressional Record. It is made
primarily from mechanical wood pulps
combined with some chemical wood
pulp;
Office papers means note pads, loose-
leaf fillers, tablets, and other papers
commonly used in offices, but not
defined elsewhere;
Offset printing paper means an
uncoated or coated paper designed for
offset lithography;
Paper means one of two broad
subdivisions of paper products, the
other being paperboard. Paper is
generally lighter in basis weight,
thinner, and more flexible than
paperboard. Sheets 0.012 inch or less in
thickness are generally classified as
paper. Its primary uses are for printing,
writing, wrapping, and sanitary
purposes. However, in this guideline,
the term paper is also used as a generic
term that includes both paper and
paperboard. It includes the following
types of papers: bleached paper, bond
paper, book paper, brown paper, coarse
paper, computer paper, cotton fiber
content paper, cover stock or cover
paper, duplicator paper, form bond,
ledger paper, manifold business forms,
mimeo paper, newsprint, office papers,
offset printing paper, printing paper,
stationery, tabulating paper, unbleached
papers, writing paper, and xerographic/
copy paper;
Paper napkins means special tissues,
white or colored, plain or printed,
usually folded, and made in a variety of
sizes for use during meals or with
beverages;
Paper product means any item
manufactured from paper or
paperboard. The term paper product is
used in this guideline to distinguish
such items as boxes, doilies, and paper
towels from printing and writing papers.
It includes the following types of
products: corrugated boxes, doilies,
envelopes, facial tissue, fiberboard
boxes, folding boxboard, industrial
wipers, paper napkins, paper towels,
tabulating cards, and toilet tissue;
Paper towels means paper toweling in
folded sheets, or in raw form, for use in
drying or cleaning, or where quick
absorption is required;
Paperboard means one of the two
broad subdivisions of paper, the other
being paper itself. Paperboard is usually
heavier in basis weight and thicker than
paper. Sheets 0.012 inch or more in
thickness are generally classified as
paperboard. The broad classes of
paperboard are containerboard, which is
used for corrugated boxes; boxboard,
which is principally used to make
cartons; and all other paperboard;
Perlite composite board means
insulation board composed of expanded
perlite and fibers formed into rigid, flat,
rectangular units with a suitable sizing
material incorporated in the product. It
may have on one or both surfaces a
facing or coating to prevent excessive
hot bitumen strike-in during roofing
installation;
Person means an individual, trust,
firm, joint stock company, corporation
(including a government corporation),
partnership, association, Federal
agency, State, municipality,
commission, political subdivision of a
State, or any interstate body;
Phenolic insulation means insulation
made with phenolic plastics which are
plastics based on resins made by the
condensation of phenols, such as
phenol or cresol, with aldehydes;
Plastic pipe and fittings means non-
pressure rated uses of plastic pipe and
fittings made from thermoplastic resins,
including polyvinyl chloride (PVC) and
high density polyethylene (HOPE), for
the following applications: sewer,
drainage, conduit, and drain, waste and
vent (DWV);
Plastic rigid foam means cellular
polyurethane insulation, cellular
polyisocyanurate insulation, glass fiber
reinforced polyisocyanurate/
polyurethane foam insulation, cellular
polystyrene insulation, phenolic foam
insulation, spray-in-place foam and
foam-in-place insulation;
Postconsumer material means a
material or finished product that has
served its intended use and has been
discarded for disposal or recovery,
having completed its life as a consumer
item. Postconsumer material is a part of
the broader category of recovered
materials.
Postconsumer recovered paper means:
(1) Paper, paperboard and fibrous
wastes from retail stores, office
buildings, homes and so forth, after they
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Federal Register / Vol. 59. No. 76 / Wednesday, April 20, 1994 / Proposed Rules
18889
have passed through their end-usage as
a consumer item including: Used
corrugated hoxes; old newspapers; old
magazines; mixed waste paper;
tabulating cards and used cordage; and
(2) AH paper, paperboard and fibrous
•wastes that enter and are collected from
municipal solid waste;
Practicable means capable of being
used consistent with: Performance in
accordance with applicable
specifications, availability at a
reasonable price, availability within a
reasonable period of time, and
maintenance of a satisfactory level of
competition; .
Pointing paper means paper designed.
for printing, other than newsprint, such
as offset and book paper;
Procurement item means any device,
good, substance, material, product, or
other item, whether real or personal
property, which is the subject of any
purchase, barter, or other exchange
made to procure such item;
Procuring agency means any Federal
agency, or any State agency or agency of
a political subdivision of a State, which
is using appropriated Federal funds for
such procurement, or any person
contracting with any such agency with
respect to work performed under such
contract;
Purchasing means the act of and tne
function of responsibility for the
acquisition of equipment, materials,
supplies, and services, including:
Buying, determining the need, selecting
the supplier, arriving at a fair and
reasonable price and terms and
conditions, preparing the contract or
purchase order, and follow-up;
Purchasing activities means all
activities included in the purchasing
function;
Recovered materials means waste
materials and byproducts which have
boon recovered or diverted from solid
waste, but such term does not include
those materials and byproducts
generated from, and commonly reused
within, an original manufacturing
process;
Recovered materials, for purposes of
purchasing paper and paper products,
means waste material and by-products
that have been recovered or diverted
from solid waste, but such term does not
include those materials and by-products
generated from, and commonly reused
within, an original manufacturing
process. In the case of paper and paper
products, the term recovered materials
includes:
(1) Postconsumer materials such as—
(i) Paper, paperboard, and fibrous
wastes from retail stores, office
buildings, homes, and so forth, after
they have passed through their end-
usage as a consumer item, including:
Used corrugated boxes; old newspapers;
old magazines; mixed waste paper;
tabulating cards; and used cordage; and
(ii) All paper, paperboard, and fibrous
wastes that enter and are collected from
municipal solid waste, and
(2) Manufacturing, forest residues,
and other wastes such as—
(i) Dry paper and paperboard waste
generated after completion of the
papermaking process (that is, those
manufacturing operations up to and
including the cutting and trimming of
the paper machine reel in smaller rolls
of rough sheets) including: Envelope
cuttings, bindery trimmings, and other
paper and paperboard waste, resulting
from printing, cutting, forming, and
other converting operations; bag, box,
and carton manufacturing wastes; and
butt rolls, mill wrappers, and rejected
unused stock; and
(ii) Finished paper and paperboard
from obsolete inventories of paper and
paperboard manufacturers, merchants,
wholesalers, dealers, printers,
converters, or others;
(iii) FibroUs byproducts of harvesting,
manufacturing, extractive, or wood-
cutting processes, flax, straw, linters,
bagasse, slash, and other forest residues;
(iv) Wastes generated by the
conversion of goods made from fibrous
material (that is, waste rope from
cordage manufacture, textile mill waste,
and cuttings); and
(v) Fibers recovered from waste water
which otherwise would enter the waste
stream.
Recyclable paper means any paper
separated at its point of discard or from
the solid waste stream for utilization as
a raw material in the manufacture of a
new product. It is often called waste
paper or paper stock. Not all paper in
the waste stream is recyclable; it may be
heavily contaminated or otherwise
unusable;
Request for Proposal means a request
for an offer by one party to another of
terms and conditions with reference to
some work or undertaking; the initial
overture or preliminary statement for
consideration by the other party to a
proposed agreement;
Re-refined oils means used oils from
which the physical and chemical
contaminants acquired through previous
use have been removed through a
refining process;
Retread tire means a worn
automobile, truck, or other motor
vehicle tire whose tread has been
replaced;
Rock wool insulation means
insulation which is composed
principally from fibers manufactured
from slag or natural rock, with or
without binders;
Specification means a description of
the technical requirements for a
material, product, or service that
includes the criteria for determining
whether these requirements are met. In
general, specifications are in the form of
written commercial designations,
industry standards, and other
descriptive references;
Spray-in-place insulation means
insulation material that is sprayed onto
a surface or into cavities and includes
cellulose fiber spray-on as well as
plastic rigid foam products;
Spray-in-place foam is rigid cellular
polyurethane or polyisocyanurate foam
produced by catalyzed chemical
reactions that hardens at the site of the
work. The term includes spray-applied
and injected applications;
State means any of the several states,
the District of Columbia, the
Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern
Mariana Islands;
Stationery means writing paper
suitable for pen and ink, pencil, or
typing. Matching envelopes are
included in this definition;
Structural fiberboard means a fibrous-
felted, homogenous panel made from
lignocellulosic fibers (usually wood,
cane, or paper) and having a density of
less than 31 Ibs/fts but more than 10 Ibs/
fts. It is characterized by an integral
bond which is produced by interfelting
of the fibers, but which has not been
consolidated under heat or pressure as
a separate stage of manufacture;
Tabulating cards means cards used in
automatic tabulating machines;
Tabulating paper means paper used
in tabulating forms for use on automatic
data processing equipment;
Tire means the following types of
tires: Passenger car tires, light- and
heavy-duty truck tires, high speed
industrial tires, bus tires, and special
service tires (including military,
agricultural, off-the-road, and slow
speed industrial);
Toilet tissue means a sanitary tissue
paper. The principal characteristics are
softness, absorbency, cleanliness, and
adequate strength (considering easy
disposability). It is marketed in rolls of
varying sizes or in interleaved packages;
Unbleached papers means papers
made of pulp that have not been treated
with bleaching agents;
Wall insulation means a material,
primarily designed to resist heat flow,
which is installed within or on the walls
between conditioned areas of a building
or the outside, as well as common wall
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assemblies between separately
conditioned units in multiple unit
structures;
Waste paper means any of the
following materials:
(1) Postconsumer materials such as:
(i) Paper, paperboard, and fibrous
wastes from retail stores, office
buildings, homes, and so forth, after
they have passed through their end-
usage as a consumer item, including:
Used corrugated boxes; old newspapers;
old magazines; mixed waste paper; •
tabulating cards; and used cordage; and
(ii) All paper, paperboard, and fibrous
wastes that enter and are collected from
municipal solid waste, and
(2) Manufacturing wastes, forest
residues, and other wastes such as—
(i) Dry paper and paperboard waste
generated after completion of the
papermaking process (that is, those
manufacturing operations up to and
including the cutting and trimming of
the paper machine reel in smaller rolls
of rough sheets) including: Envelope
cuttings, bindery trimmings, and other
paper and paperboard waste, resulting
from printing, cutting, forming, and
other converting operations; bag, box,
and carton manufacturing wastes; and
butt rolls, mill wrappers, and rejected
unused stock; and
(ii) Finished paper and paperboard
from obsolete inventories of paper and
paperboard manufacturers, merchants,
wholesalers, dealers, printers,
converters, or others;
Writing paper means a paper suitable
for pen and ink, pencil, typewriter or
printing; and
Xerographic/copy paper means any
grade of paper suitable for copying by
the xerographic process (a dry method
of reproduction).
§ 247.4 Affirmative procurement programs.
(a) RCRA section 6002(d) required
Federal agencies that have the
responsibility for drafting or reviewing
specifications for procurement items
procured by Federal agencies to revise
their specifications by May 8,1986, to
eliminate any exclusion of recovered
materials and any requirement that
items be manufactured from virgin
materials.
(b) RCRA section 6002(d) further
requires that within one year after the
effective date of each item designation
by the EPA, each procuring agency must
assure that its specifications for these
items require the use of recovered
materials to the maximum extent
possible without jeopardizing the
intended end use of these items.
(c) RCRA section 6002(i) provides that
each procuring agency which purchases
items designated by EPA must establish
an affirmative procurement program,
containing the four elements listed
below, for procuring such items
containing recovered materials to the
maximum extent practicable:
(1) Preference program for purchasing
the designated items;
(2) Promotion program;
(3) Procedures for obtaining estimates
and certifications of recovered materials
content and for verifying the estimates
and certifications; and
(4) Annual review and monitoring of
the effectiveness of the program.
(d)(l) For the items previously
designated by EPA, procuring agencies
were required to establish affirmative
procurement programs by the following
dates: Paper, 6/22/89; lubricating oil, 6/
30/89; retread tires, 11/17/89; and
building insulation products, 2/17/90.
(2) For each additional item
designated by EPA, procuring agencies
must establish affirmative procurement
programs within one year after EPA
promulgates the item designation as a
final rule.
Subpart B—Item Designations
§247.10 General.
EPA designates the items listed in this
subpart as items which are or can be
produced with recovered materials and
whose procurement by procuring
agencies will carry out the objectives of
RCRA section 6002.
§247.11 Paper and paper products.
Paper and paper products, excluding
building and construction paper grades.
§247.12 Vehicular products.
(a) Lubricating oils containing re-
refined oil, including engine lubricating
oils, hydraulic fluids, and gear oils,
excluding marine and aviation oils.
(b) Tires, excluding airplane tires.
(c) Reclaimed engine coolants.
§247.13 Construction products.
(a) Building insulation products,
including the following items:
(1) Loose-fill insulation, including but
not limited to cellulose fiber, mineral
fibers (fiberglass and rock wool),
vermiculite, and perlite;
(2) Blanket and batt insulation,
including but not limited to mineral
fibers (fiberglass and rock wool);
(3) Board (sheathing, roof decking,
wall panel) insulation, including but not
limited to structural fiberboard and
laminated paperboard products, perlite
composite board, polyurethane,
polyisocyanurate, polystyrene,
phenolics, and composites; and
(4) Spray-in-place insulation,
including but not limited to foam-in-
place polyurethane and
polyisocyanurate, and spray-on
cellulose.
(b) Structural fiberboard and
laminated paperboard products for
applications other than building
insulation, including the following:
Building board, sheathing, shingle
backer, sound deadening board, roof
insulating board, insulating wallboard,
acoustical and non-acoustical ceiling
tile, acoustical and non-acoustical lay-in
panels, floor underlayments, and roof
overlay (coverboard).
(c) Plastic pipe and fittings made from
thermoplastic resins, including PVC and
HOPE, for the following non-pressure
applications: sewer, drainage, conduit,
and drain, waste and vent (DWV).
(d) Geotextiles for use in road
building, drainage, erosion control, and
soil stabilization, and for use in the gas
collection layer and the protection layer
between the drainage stone and the
geomembrane liner in waste
containment systems.
(e) Cement and concrete, including
concrete products such as pipe and
block, containing coal fly ash or ground
granulated blast furnace (GGBF) slag.
(f) Carpet made of polyester fiber for
use in low- and medium-wear
applications.
(g) Floor tiles and patio blocks
containing recovered rubber or plastic.
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18891
{247.14 Transportation products.
Traffic barricades and traffic cones
used fa controlling or restricting
vehicular traffic.
5247.15 Park and recreation products.
Playground surfaces and running
tracks containing recovered rubber or
plastic.
f 247.16 Landscaping products.
(a) Hydraulic mulch products
containing recovered paper or recovered
wood used for landscaping and erosion
control hydroseeding applications and
as an over-spray for straw mulch.
(b) Compost made from yard
trimmings, leaves, and/or grass
clippings for use in landscaping,
seeding of grass or other plants on
roadsides and embankments, as a
nutritious mulch under trees and
shrubs, and in erosion control and soil
reclamation.
§ 247.17 Non-paper office products.
(a) Office recycling containers and
office waste receptacles containing
recovered plastic, paper, or steel.
(b) Plastic desktop accessories.
(c) Remanufactured toner cartridges.
(d) Binders.
(e) Plastic trash bags.
§ 247.18 Miscellaneous products.
[Reserved]
[FR Doc. 94-9420 Filed 4-19-94; 8:45 am]
BILLING CODE 6560-SO-P
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Federal Register / Vol. 59, No. 76 / Wednesday, April 20, 1994 / Notices
ENVIRONMENTAL PROTECTION
AGENCY
[SWH-FRL-4875-7]
Recovered Materials Advisory Notice
AGENCY: U.S. Environmental Protection
Agency.
ACTION: Notice of draft document for
review.
SUMMARY: The Environmental Protection
Agency today is providing notice of the
issuance of a draft Recovered Materials
Advisory Notice. Under section 6002 of
the Resource Conservation and
Recovery Act of 1976, EPA designates
items that are or can be made with
recovered materials and provides
recommendations for the procurement
of these items. EPA previously
designated five items and combined the
designations and recommendations in
item-specific procurement guidelines.
Executive Order 12873 directs EPA to
change the process for designating items
and providing recommendations. EPA
now is to designate procurement items
in a Comprehensive Procurement
Guideline and to provide
recommendations in related Recovered
Materials Advisory Notices. Elsewhere
in today's Federal Register, EPA is
proposing its first Comprehensive
Procurement Guideline. It designates
the items for which the Recovered
Materials Advisory Notice provides
recommended recovered materials
content levels. These recommendations
are organized within the following
product categories: vehicular products,
construction products, transportation
products, park and recreation products,
landscaping products, and non-paper
office products.
DATES: EPA will accept public
comments on the recommendations
contained in the draft Recovered
Materials Advisory Notice until June 20,
1994.
ADDRESSES: The public must send an
original and two copies of comments,
referencing docket F-94-PRMP-FFFFF
to the RCRA Information Center (5305),
U.S. EPA, 401 M Street SW.,
Washington, DC 20460. Commenters
wishing to submit Confidential Business
Information (CBI), should submit an
original and two copies of the CBI,
referencing docket F-94-PRMP-FFFFF,
under separate cover to the Document
Control Officer (5305), Office of Solid
Waste, U.S. Environmental Protection
Agency, 401M Street SW., Washington,
DC 20460.
Public comments and relevant
documents are available for viewing at
the RCRA Information Center (RIG),
located in room M2616, at the EPA
address listed above. The RIG is open
from 9 am to 4 pm, Monday through
Friday, excluding Federal holidays. To
review docket materials, the public
must make an appointment by calling
(202) 260-9327. Materials may be
copied for $0.15 per page.
FOR FURTHER INFORMATION CONTACT: For
general information, contact the RCRA
Hotline, (800) 424-9346, or, in the
Washington, DC metropolitan area,
(703) 412-9810. For technical
information regarding the
recommendations for the following
individual items, contact the referenced
EPA staff: Building insulation,
structural fiberboard, laminated
paperboard, cement and concrete
containing GGBF slag, hydraulic mulch,
and engine coolants—Dana Arnold,
(202) 260-8518; plastic pipe,
geotextiles, carpet, floor tiles and patio
blocks, and playground surfaces and
running tracks, Robin Moran—(202)
260-5066; yard trimmings compost—
Hope Pillsbury, (202) 260-2797; traffic
control devices and non-paper office
products—Beverly Goldblatt, (202) 260-
7932. For all other technical
information, contact Beverly Goldblatt,
(202) 260-7932, or Dana Arnold, (202)
260-8518.
SUPPLEMENTARY INFORMATION:
Preamble Outline
I. Authority
II. Introduction
III. Recovered Materials Content
A. Use of Minimum Recovered Materials
Content Standards
B. Methodology For Recommending
Recovered Materials Content Levels
IV. Affirmative Procurement Programs
A. General Recommendations
B. Calculation of Product Content for
Purposes of Certification
V. Recommendations for Vehicular Products
A. Engine Coolants
1. Preference Program
2. Background
3. Specifications
VI. Recommendations for Construction
Products
A. Building Insulation Products
1. Rock Wool Insulation
2. Fiberglass Insulation
3. Polystyrene Rigid Foam
B. Structural Fiberboard and Laminated
Paperboard Products
1. Preference Program
2. Background
3. Specifications
C. Plastic Pipe and Fittings
1. Preference Program
2. Background
3. Specifications
D. Geotextiles and Related Products
1. Preference Program
2. Background
3. Specifications
E. Cement and Concrete Containing
Ground Granulated Blast Furnace
(GGBF) Slag
1. Preference Program
2. Background
3. Specifications
F. Carpet
1. Preference Program
2. Background
3. Specifications
G. Floor Tiles and Patio Blocks
1. Preference Program
2. Background
3. Specifications
VII. Recommendations for Transportation
Products
A. Temporary Traffic Control Devices
1. Preference Program
2. Background
3. Specifications
VIII. Recommendations for Park and
Recreation Products
A. Playground Surfaces and Running
Tracks
1. Preference Program
2. Background
3. Specifications
IX. Recommendations for Landscaping
Products
A. Hydraulic Mulch Products
1. Preference Program
2. Background
3. Specifications
B. Yard Trimmings Compost
1. Preference Program
2. Background
3. Specifications
X. Recommendations for Non-Paper Office
Products
A. Office Recycling Containers and Waste
Receptacles
1. Preference Program
2. Background
3. Specifications
B. Plastic Desktop Accessories
1. Preference Program
2. Background
3; Specifications
C. Remanufactured Toner Cartridges
1. Preference Program
2. Background
3. Specifications
D. Binders
1. Preference Program
2. Background
3. Specifications
E. Plastic Trash Bags
1. Preference Program
2. Background
3. Specifications
XI. Recommendations for Miscellaneous
Products
I. Authority
The draft Recovered Materials
Advisory Notice is published under the
authority of sections 2002(a) and 6002
of the Solid Waste Disposal Act, as
amended by the Resource Conservation
and Recovery Act of 1976, as amended,
42 U.S.C. 6912(a) and 2962, and
Executive Order 12873 (58 FR 54911,
October 20,1993).
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18893
n. Introduction
Section 6002 of the Resource
Conservation and Recovery Act of 1976
(RCRA) establishes a Federal buy-
recycled program. RCRA section 6002(e)
requires EPA to (1) designate items
which are or can be produced with
recovered materials and (2) prepare
guidelines to assist procuring agencies
in complying with affirmative
procurement requirements set forth in
paragraphs (c), (d), and (i) of section
6002. Once EPA has designated items,
section 6002 requires that any procuring
agency using appropriated Federal
funds to procure those items must
purchase them containing the highest
percentage of recovered materials
practicable.
EPA previously issued five guidelines
for procurement of products containing
recovered materials: Cement and
concrete containing fly ash (40 CFR part
249,48 FR 4230, January 28,1983),
paper and paper products (40 CFR part
250,53 FR 23546, June 22,1988), re-
refined lubricating oil (40 CFR part 252,
53 FR 24699, June 30,1988), retread
tires (40 CFR part 253,53 FR 46558,
November 17,1988), and building
insulation products (40 CFR part 248,54
FR 7327, February 17,1989). Each of
these guidelines contains item
designations and procurement
recommendations for the designated
items. Both the item designations and
the procurement recommendations were
then codified in the Code of Federal
Regulations (CFR).
In order to expedite the process of
issuing procurement guidelines,
Executive Order 12873 (58 FR 54911,
October 22,1993), which was signed by
President Clinton on October 20,1993,
directs EPA to change the procedure
used for designating items and
providing procurement
recommendations. Under the Order,
EPA is to issue a regulation, known as
a Comprehensive Procurement
Guideline (CPG), which will contain the
item designations, and a guidance
document, known as a Recovered
Materials Advisory Notice (RMAN),
which will contain EPA's
recommendations for purchasing the
designated items. The Order further
directs EPA to update the CPG annually
and the RMAN periodically, after public
comment, to reflect changes in market
conditions. Under this procedure, EPA
will continue to codify the item
designations in the CFR, but not the
recommendations. In accordance with
the Order, the recommendations will be
available in the guidance document (i.e.,
the Recovered Materials Advisory
Notice).
EPA is proposing the CPG
concurrently in today's Federal
Register. In the CPG, EPA proposes to
consolidate the five existing
procurement guidelines and the
proposed new item designations into
one document. Similarly, in today's
draft RMAN, EPA is establishing a
framework for consolidating the
recommendations made in the five
existing procurement guidelines and the
recommendations for the proposed new
procurement items into one document.
The recommendations are organized
into eight product categories
corresponding to the categories used in
the CPG: paper and paper products,
vehicular products, construction
products, transportation products, park
and recreation products, landscaping
products, non-paper office products,
and miscellaneous products. When EPA
finalizes the RMAN, the existing
recommendations for paper and paper
products will be found in the first
category, the recommendations for re-
refined lubricating oil and retread tires
will be found in the vehicular products
category, and the recommendations for
building insulation products and
cement and concrete will be found in
the construction products category.
Although EPA intends to consolidate
the recommendations from the five
existing procurement guidelines into the
RMAN, they are not included in today's
draft RMAN in order to avoid confusion
over the scope of recommendations on
which EPA is requesting comment.
Notice of the issuance of the final
RMAN will be provided when the CPG
is issued as a final rule. At that time, the
recommendations in EPA's existing
procurement guidelines will be
consolidated into the final RMAN.
Later this year, EPA intends to issue
a draft paper products RMAN for public
comment. This additional draft RMAN
will contain revisions to EPA's
recommended recovered materials
content levels for paper products and
address a variety of issues that have
been raised as procuring agencies have
implemented affirmative procurement
programs for paper products containing
recovered materials. It also will
incorporate the minimum content
standards for specified uncoated
printing and writing papers established
in section 504 of Executive Order 12873.
Federal executive agencies should note,
however, that, beginning December 31,
1994, the standards in section 504 of the
Order are applicable to their paper
purchases whether or not EPA proposes
to add them to the paper guideline.
Federal executive agencies also should
note that the Order requires them to
purchase paper containing
postconsumer recovered materials or
specified recovered materials
immediately.
In addition to establishing the new
framework, today's draft RMAN
contains general recommendations for
affirmative procurement programs,
recommended recovered materials
content levels for the 21 new items
proposed for designation in the CPG, an
increase in the recommended recovered
materials content level of rock wool
insulation, and a range of recommended
recovered materials content levels for
fiberglass insulation. (Both rock wool
and fiberglass insulation were
designated previously in the existing
building insulation products
procurement guideline.)
Executive Order 12873 requires EPA
to update the recommended recovered
materials content levels periodically to
reflect current usage of recovered
materials in designated items. The
Agency will establish a process for the
public to provide current information
about the percentages of recovered
materials used in designated items. EPA
intends to issue a Federal Register
notice that will describe this process
and provide information on how the
public can participate. Today, the
Agency is soliciting options for
increasing public participation in
developing the updates of the RMAN.
Finally, since EPA uses acronyms for
organizations and materials throughout
this preamble, they are listed in Table
1 for the convenience of the reader.
TABLE 1.—Acronyms Used in the
Recovered Materials Advisory Notice
Acronym
AASHTO
ASHRAE
ASTM
BOCA
CABO
CPQ
DWV
E.O.
EPA
GGBF
GSA
HOPE
LDPE
PET
PP
Term
American Association of State
Highway and Transportation
Officials.
American Society for Heating,
Refrigeration and Air Condi-
tioning Engineers.
American Society for Testing
and Materials.
Building Officials Council of
America.
Council for American Builders
Association.
Comprehensive Procurement
Guideline.
Drain, waste, and vent.
Executive Order 12873.
Environmental Protection Agen-
cy.
Ground granulated blast furnace
(slag).
General Services Administra-
tion.
High density polyethylene.
Low density polyethylene.
Polyethylene terephthalate.
Polypropylene.
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TABLE 1.—Acronyms Used in the Re-
covered Materials Advisory No-
tice—Continued
Acronym
PVC
RCRA
RMAN
Term
Polyvinyl chloride.
Resource Conservation and Re-
covery Act.
Recovered Materials Advisory
Notice.
m. Recovered Materials Content
A. Use of Minimum Recovered Materials
Content Standards
For most designated items, EPA
recommends in today's draft RMAN that
procuring agencies establish minimum
recovered materials content standards.
EPA stated in previous guidelines that
the use of minimum content standards
would satisfy the statutory requirement
to procure products containing the
highest levels of recovered materials
practicable (see for example, 53 FR
23553, June 22,1988).
For some items, the use of minimum
content standards is inappropriate
because the product is remanufactured,
reconditioned, or rebuilt (e.g.,
remanufactured toner cartridges). In
these instances, EPA will recommend
that procuring agencies use a
substantially equivalent alternative to
the minimum content standards
approach. For example, in the case of
toner cartridges, EPA recommends that
procuring agencies establish a two-
pronged program consisting of
remanufacturing their expended toner
cartridges and purchasing
remanufactured toner cartridges when
replacement cartridges are needed.
Minimum content standards are
inapplicable because the recovered
material is the expended cartridge,
rather than individual components used
to produce a new cartridge.
EPA notes that, under RCRA section
6002(i), it is the procuring agencies'
responsibility to establish minimum
recovered materials content standards,
while EPA provides recommendations
regarding the levels of recovered
materials in the designated items. To
make it clear that EPA does not
establish minimum content standards
for other agencies, EPA will no longer
refer to its recommendations as
recovered materials content
"standards," as was done in the existing
procurement guidelines. Instead, EPA
will refer to its recommendations as
recovered materials content "levels,"
consistent with RCRA section 6002(e)
and Executive Order 12873.
The Order directs EPA to present, in
the RMAN, "the range of recovered
materials content levels within which
the designated recycled items are
currently available." In meeting this
provision, EPA will recommend ranges
that reflect the best information
available to the Agency about the use of
recovered materials in the manufacture
of a given item and that encourage
manufacturers to use the maximum
amount of recovered materials without
compromising competition or product
performance and availability. EPA
recommends that procuring agencies
use these ranges, in conjunction with
their own research into the recovered
materials content of items available to
them, to establish their minimum
content standards. In some instances,
EPA will recommend one level (e.g., 100
percent recovered materials), rather than
a range, because the item is universally
available at that recommended level;
EPA recommends that procuring
agencies establish their minimum
content standards at that level.
B. Methodology for Recommending
Recovered Materials Content Levels
EPA identified and evaluated
pertinent data sources and information
regarding the percentages of recovered
materials contained in the items
proposed for designation in the CPG.
Prior to issuance of Executive Order
12873, EPA was considering five items
for designation—fiberboard, hydraulic
mulch, plastic pipe, geotextiles, and
compost. For these items, EPA reviewed
previously-gathered data. For the other
items, EPA reviewed and evaluated
information obtained from product
manufacturers. In addition, EPA
gathered and evaluated publicly-
available information and information
provided by other Federal agencies.
Based on this information, EPA
established a range of recovered
materials content levels within which
each of the items proposed for
designation is available. In establishing
the ranges, EPA's objective was to
ensure the availability of the item, while
challenging manufacturers to increase
their use of recovered materials.
EPA believes that a range of content
levels is appropriate at this time for
three reasons. First, EPA has only
limited information on recovered
materials content levels for the newly-
designated items. Second, rather than
being purchased centrally, many of
these items will be purchased locally,
meaning that the recovered materials
content of these items is likely to vary
substantially, making it problematic to
recommend a single content level at this
time. Third, the Executive Order directs
EPA to propose an RMAN that presents
"the range of recovered materials
content levels within which the
designated recycled items are currently
available." By recommending ranges,
EPA believes that sufficient information
will be provided to enable procuring
agencies to set appropriate procurement
specifications when purchasing the
newly designated items.
It is EPA*s intention to provide
procuring agencies with the best and
most current information available to
assist them in fulfilling their statutory
obligations under RCRA section 6002.
To do this, EPA will monitor the
progress made by procuring agencies in
purchasing designated items with the
highest recovered materials content
practicable and will adjust the
recommended content ranges
accordingly. EPA anticipates that, over
time, the recommended ranges will
narrow.
As discussed above, EPA also is
increasing the recommended recovered
materials content level for rock wool
insulation and adding recommended
recovered materials content levels for
fiberglass insulation, both of which
were designated in the existing building
insulation guideline. In the existing
procurement guidelines, EPA
recommended a single content level for
each designated item. When changing
these recommendations, in those
instances where there is sufficient
information on current manufacturing
practices to determine that a single
recovered materials content level is
appropriate (e.g., rock wool insulation),
EPA will recommend one. In other
instances, EPA will recommend a range
of recovered materials content levels
(e.g., for fiberglass insulation).
IV. Affirmative Procurement Programs
A. General Recommendations
An affirmative procurement program
is an agency's strategy for maximizing
its purchases of an EPA-designated
item. RCRA section 6002(i) requires that
an affirmative procurement program
consist of a minimum of four elements:
(1) A preference program; (2) a
promotion program; (3) procedures for
obtaining estimates and certifications of
recovered materials content and, where
appropriate, reasonably verifying those
estimates and certifications; and (4)
procedures for monitoring and annually
reviewing the effectiveness of the
program. In addition, Executive Order
12873 requires an agency affirmative
procurement program to encourage the
electronic transfer of documents, the
two-sided printing of government
documents, and the inclusion of
provisions in contracts, grants, and
cooperative agreements that require
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18895
documents to be printed two-sided on
recycled paper.
EPA discussed preference programs in
the previous section of the preamble, in
which EPA generally recommended that
procuring agencies establish minimum
content standards for designated items.
This section of the preamble discusses
promotion and monitoring. Certification
is discussed in section IV.B.
In previous guidelines, EPA
recommended that specific actions be
taken by requesting officials, contracting
officers, and architects and engineers
when purchasing designated items. In
consulting with acquisition policy and
requirements officials from several
major Federal agencies, EPA determined
that these item-specific
recommendations did not provide
enough flexibility for procuring agencies
to determine the appropriate delineation
of responsibilities for implementing the
statutory requirements. Based on this
information and because of the broad
array of products proposed for
designation today in the CPG, EPA will
no longer make specific
recommendations for individuals within
an agency to implement the
requirements of RCRA section 6002 and
Executive Order 12873. Instead, EPA
recommends that the Environmental
Executive within each major procuring
agency take the lead in developing the
agency's affirmative procurement
program and in implementing the
recommendations set forth in this
RMAN.
The basic responsibilities of an
Agency Environmental Executive are
described in sections 302 and 402 of
Executive Order 12873. Section 302
charges each Agency Environmental
Executive with coordinating all
environmental programs in the areas of
acquisition, standard and specification
revision, facilities management, waste
prevention, recycling, and logistics.
Section 402(c) of the Order further
requires each Agency Environmental
Executive to track and report, to the
Federal Environmental Executive,
agency purchases of EPA-designated
items. In the absence of such an
individual, EPA recommends that the
head of the implementing agency
appoint an individual who will be
responsible for ensuring the agency's
compliance with RCRA section 6002
and Executive Order 12873.
Although RCRA section 6002 and the
Executive Order require procuring
agencies to establish affirmative
procurement programs for each EPA-
designated item, EPA recommends that
each agency develop one
comprehensive affirmative procurement
program with a structure that allows for
the integration of new items as they are
designated. EPA encourages agencies to
implement preference programs for non-
guideline items as well, in order to
maximize their purchases of recycled
products and foster markets for
recovered materials.
RCRA section 6002(i)(2)(B) requires
each procuring agency to adopt a
program to promote its preference to
buy EPA-designated items with
recovered materials content. The
promotion component of the affirmative
procurement program educates staff and
notifies an agency's current and
potential vendors, suppliers, and
contractors of the agency's intention to
buy recycled products.
In the previous guidelines, EPA
targeted its recommendations for
promoting the affirmative procurement
program at the agency's vendors and
contractors. EPA has determined that
the education of an agency's employees
is also an important part of the
promotion program. Therefore, EPA
believes that an agency's promotion
program should consist of two
components: an internal promotion
program and an external promotion
pro
There are several methods that
procuring agencies can use to educate
their employees about their affirmative
procurement programs. These methods
include preparing and distributing
agency affirmative procurement
policies, publishing articles in agency
newsletters and publications, including
affirmative procurement program
requirements in agency staff manuals,
and conducting workshops and training
sessions to educate employees about
their responsibilities under agency
affirmative procurement programs.
Methods for educating existing
contractors and potential bidders of an
agency's preference to purchase
products containing recovered materials
include publishing articles in
appropriate trade publications,
participating in vendor shows and trade
fairs, placing statements in solicitations,
and discussing an agency's affirmative
procurement program at bidders'
conferences.
Procuring agencies should monitor
their affirmative procurement programs
to ensure that they are fulfilling then-
requirements to purchase items
composed of recovered materials to the
maximum extent practicable. RCRA
section 6002(i)(2)(D) requires the
affirmative procurement program to
include procedures for annually
reviewing and monitoring the
effectiveness of agency affirmative
procurement programs. Section 402 of
Executive Order 12873 requires the
Environmental Executive of each
Executive agency to track and report on
agency purchases of EPA-designated
items. Additionally, RCRA section
6002(g) requires OFPP to submit a
report to Congress every two years on
actions taken by Federal agencies to
implement the affirmative procurement
requirements of the statute. Also,
section 301 of Executive Order 12873
requires the Federal Environmental
Executive to submit an annual report to
OMB, at the time of agency budget
submission, on Federal compliance with
the Order. In order to fulfill their
responsibilities, EPA anticipates that the
Federal Environmental Executive and
OFPP will request information from
Federal agencies on their affirmative
procurement practices. Therefore, it is
important for agencies to maintain
adequate records of procurements that
may be affected by Executive Order and
RCRA requirements.
In order to comply with the Executive
Order, agencies will need to track their
purchases of products made with
recovered materials content. This will
also allow them to establish benchmarks
from which progress can be assessed. To
maintain adequate records on
procurement of products containing
recovered materials, procuring agencies
may choose to collect data on the
following:
• The percentages of recovered
materials content in the items procured
or offered;
• Comparative price information on
competitive procurements;
• The quantity of each item procured
over a fiscal year;
• The availability of each item with
recovered materials content; and
• Performance information related to
recovered materials content of an item.
EPA recognizes that a procuring
agency may be unable to obtain accurate
data for all items designated by EPA.
However, EPA believes that, in many
cases, estimated data will suffice in
determining the effectiveness of the
agency's affirmative procurement
program.
B. Calculation of Product Content for
Purposes of Certification
RCRA section 6002(i)(2)(C) requires
the affirmative procurement program to
include procedures for estimating,
certifying, and, where appropriate,
reasonably verifying the amount of
recovered materials content utilized in
the performance of a contract. In
addition, RCRA section 6002(c) requires
contracting officers to obtain from
vendors a certification "that the
percentage of recovered materials to be
used in the performance of the contract
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will be at least the amount required by
applicable specifications or other
contractual requirements." When an
item is made on a batch basis, the
certification should be for the recovered
materials content of the batch. However,
batch certifications are not always
possible; in those cases, certification of
recovered materials use over a specified
period of time is appropriate.
Because each product will be
different, in today's draft RMAN, EPA
recommends that procuring agencies
discuss certification with product
vendors to ascertain the appropriate
period for certifying recovered materials
content. EPA recommends that,
whenever feasible, the recovered
materials content of a product be
certified on a batch-by-batch basis or as
an average over a calendar quarter or
some other appropriate averaging period
as determined by the procuring
agencies.
V. Recommendations for Vehicular
Products
Part B of the draft RMAN contains
EPA's recommendations for vehicular
products. EPA's existing
recommendations for re-refined
lubricating oil and retread tires will be
placed in Sections B-l and B-2,
respectively, in the final RMAN. Section
B-3 contains EPA's recommendations
for engine coolants.
A. Engine Coolants
1. Preference Program
In today's draft RMAN, EPA
recommends that procuring agencies
whose vehicles are serviced by a motor
pool or vehicle maintenance facility
establish a program for engine coolant
reclamation and reuse, consisting of
either reclaiming the spent engine
coolants on-site for use in the agencies'
vehicles, or establishing a service
contract for reclamation of the agencies'
spent engine coolant for use in the
agencies' vehicles.
EPA has no information about the
availability of reclaimed engine coolants
for procurement as a product, although
the Agency is aware that some local
government agencies purchase
reclaimed engine coolants. EPA requests
information from manufacturers and
purchasers about the performance,
availability, and relative price of
reclaimed engine coolants. EPA further
requests information from public or
private purchasers of reclaimed engine
coolants about specifications used to
procure this item.
Procuring agencies should note that
engine coolants can contain either
ethylene glycol or propylene glycol.
Because of chemistry differences, these
two types of engine coolant currently
must be'reclaimed separately. Therefore,
in order to implement an engine coolant
reclamation program, EPA recommends
that procuring agencies purchase only
one type of engine coolant or establish
procedures to prevent commingling of
engine coolants containing ethylene
glycol and propylene glycol.
Procuring agencies also should note
that, in some instances, spent engine
coolant can exhibit the toxicity
characteristic of hazardous waste by
failing EPA's Toxicity Characteristic
Leaching Procedure (TCLP). If a
procuring agency determines that its
spent engine coolant is a hazardous
waste, it must manage the engine
coolant in accordance with applicable
Federal or state hazardous waste
management requirements, including
the generator requirements found in 40
CFR Part 262 and the requirements for
recyclable materials found in 40 CFR
261.6. Because state hazardous waste
regulations generally apply in lieu of the
Federal regulations, procuring agencies
should contact their state environmental
agency (or, if the state is not authorized,
the appropriate EPA Regional Office) for
specific information on applicable
requirements.
2. Background
Engine coolants, also know as
antifreeze, are a necessary automotive
chemical. Engine coolants are
manufactured from one of two
chemicals: Ethylene glycol or propylene
glycol. Coolant additives are then added
to inhibit corrosion within the engine.
Spent engine coolants can be
reclaimed by removing contaminants
and breakdown products of the original
ingredients and by replacing corrosion
inhibitors. Engine coolant reclamation is
done in one of two ways: filtration or
distillation. Reclamation results in both
waste reduction and materials recovery
benefits.
There is one potential impediment to
reclamation of engine coolants: the
mixing of the two types of engine
coolant, ethylene glycol and propylene
glycol. Propylene glycol-based engine
coolant has just recently been marketed
nationwide for consumer purchase.
Engine coolant reclaimers will reject
spent engine coolant if it contains more
than 1 percent propylene glycol because
it interferes with their reclamation of
ethylene glycol due to differences in the
chemistry of the two materials.
Military installations, the Postal
Service, and some Federal civilian
agencies have motor pools or vehicle
maintenance facilities at which vehicles
are serviced. The Postal Service
informed EPA that it has established
engine coolant reclamation programs at
all of its vehicle maintenance facilities.
Some Naval installations also reclaim
spent engine coolants or contract for
reclamation services. Limited EPA
research revealed that one naval
shipyard has been able to recover 6,000
gallons of engine coolant annually. The
Postal Service does not maintain
quantitative statistics on its engine
coolant reclamation program.
EPA believes that other procuring
agencies can successfully implement
similar programs.
3. Specifications
The American Society for Testing and
Materials' (ASTM) D15 committee on
engine coolants has published standards
for reclaimed engine coolants. Procuring
agencies should refer to ASTM
specifications D 3306 and D 4985.
VI. Recommendations for Construction
Products
Part C of the draft RMAN contains
EPA's recommendations for
construction products.
Recommendations for specific items are
in the following sections of the draft
RMAN:
• Section C-l—building insulation
products,
• Section C-2—structural fiberboard
and laminated paperboard products,
• Section C-3—plastic pipe and
fittings,
• Section C-4—geotextiles and
related products,
• Section C-5—cement and concrete,
• Section C-6—polyester carpet, and
• Section C-7—floor tiles and patio
blocks.
A. Building Insulation Products
EPA recommended an affirmative
procurement program for building
insulation products in its 1989
procurement guideline (54 FR 7327,40
CFR part 248). Specifically, EPA
recommended that procuring agencies
use recovered materials content
standards when purchasing cellulose
loose-fill and spray-on insulation,
perlite composite board, plastic rigid
foam insulation, phenolic rigid foam
insulation, and rock wool insulation.
For fiberglass insulation, "cellulosic"
fiberboards, and polystyrene rigid foam
insulation; EPA recommended that
agencies use a case-by-case approach to
purchasing these items containing
recovered materials, because either they
were not reasonably available or there
was insufficient competition for EPA to
recommend content levels. Today, EPA
is revising the recommendations to (1)
increase the recommended content level
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18897
for rock wool insulation, (2) recommend
a range of recovered materials content
levels for fiberglass insulation, and (3)
recommend recovered materials content
levels for structural fiberboard and
laminated paperboard used for
insulating purposes. This section
explains the recommendations for
fiberglass and rock wool insulation,
while the fiberboard/paperboard
recommendations are explained in
section V.B below.
Tables G-l and C-2 of the draft
RMAN contain the recommended
recovered materials content levels for
rock wool and fiberglass insulation
products and for fiberboard and
paporboard, respectively. The item
designations and definitions for these
products are found in 40 CFR part 247.
1. Rock Wool Insulation
EPA is increasing the recommended
recovered materials content level for
rock wool insulation products based on
a Procurement Guidelines Advisory
(PGA) issued by EPA in 1990
(September 10,1990). The PGA
presented information obtained through
research on use of recovered materials
by the rock wool insulation industry,
which indicated that EPA's original
recommended minimum content level
for rock wool (50 percent recovered
materials) was below the current level of
recovered materials typically being used
by rock wool manufacturers. Based on a
request from rock wool manufacturers
and additional research, EPA decided to
increase the recommended recovered
materials content level for rock wool
insulation to 75 percent recovered
materials, thereby encouraging an
increase in the amount of recovered
materials used in rock wool procured by
government agencies.
2. Fiberglass Insulation
a. Preference program. In today's draft
RMAN, EPA recommends that
procuring agencies establish minimum
recovered cullet content standards for
fiberglass insulation, based on EPA's
recommended range of 20-25 percent
recovered cullet.
b. Background. At the time the
building insulation products
procurement guideline was issued, EPA
could not identify any manufacturers
that were using recovered materials to
make fiberglass insulation on a routine
basis. EPA was aware of several efforts
on the part of manufacturers to do so,
however. For this reason, EPA
recommended that procuring agencies
conduct market research to determine if
fiberglass insulation containing
recovered materials was available and, if
so, try to obtain it on a case-by-case
basis. EPA further recommended that
procuring agencies use the case-by-case
approach until they determined that
fiberglass insulation containing
recovered materials was reasonably
available. Procuring agencies could then
establish minimum content standards
for use in purchasing fiberglass
insulation.
Since the guideline was issued,
several developments have occurred
that have caused EPA to revisit the
feasibility of recommending that
procuring agencies establish minimum
content standards for fiberglass
insulation. First, collection of
postconsumer glass bottles has
increased, and manufacturers now are
using both pre- and postconsumer glass
cullet to make fiberglass insulation more
routinely than when the insulation
guideline was issued. Second, in 1991,
the State of California enacted the
Fiberglass Recycled Content Act, A.B.
1340, mandating that fiberglass
manufactured and sold within the State
contain specified percentages of cullet;
manufacturers have been producing
fiberglass insulation meeting these
percentage requirements. Third, in
1993, the ASTM published consensus
Standard Specification D 5359, Glass
Cullet Recovered from Waste for Use in
Manufacture of Glass Fiber. This
specification is aimed at improving the
quality of glass cullet supplied to
fiberglass insulation manufacturers. It
creates three grades of glass cullet and
specifies the chemical composition,
color mix ratio, contaminants
restrictions, and particle size for each
grade.
The California legislation mandates a
"cullet" content of 10 percent in 1992,
increasing to 20 percent in 1994.
"Cullet" includes both postconsumer
bottle glass and any other glass not
generated by fiberglass manufacturing.
The law also requires that the content
increase to 30 percent in 1995, if it is
determined, based on a public meeting
to be held in 1994, that the higher
content level is feasible.
Fiberglass insulation manufacturers
indicated to EPA that, based on the
availability and cost of recovered cullet
meeting their feedstock specifications,
they can now produce fiberglass
insulation containing 20 percent
recovered cullet. They further indicated
that, since the California law required
them to increase cullet usage in
fiberglass insulation manufactured or
sold in the State, they believed that
supplies of recovered cullet would
increase, and they could increase cullet
content in products available
nationwide to 25 percent beginning in
1997.
From our research and the additional
information provided by the fiberglass
manufacturers, EPA concludes that
fiberglass insulation containing 20
percent recovered glass cullet is now
reasonably available nationwide. EPA
further concludes that fiberglass
insulation containing postconsumer
glass bottle cullet is not reasonably
available due to inconsistent supplies of
postconsumer glass cullet meeting the
industry's specifications.
Given the fluctuations in price and
availability of cullet meeting the
fiberglass manufacturers' specifications,
however, EPA believes that some
manufacturers will be able to use 25
percent cullet at some of their plants
now, while others may not be able to
use 25 percent cullet even in 1997, For
this reason, EPA is recommending a
recovered materials content range of 20-
25 percent cullet. Using this range,
procuring agencies should establish
their minimum content standards for
fiberglass insulation at the highest level
practicable.
c. Use of postconsumer glass bottle
cullet. EPA is aware that there are
insufficient markets in some parts of the
U.S. for postconsumer glass bottle cullet
collected through municipal solid waste
programs and that fiberglass insulation
is a potential market for this material.
Fiberglass manufacturers have
experienced problems obtaining
postconsumer glass bottle cullet that
meets their feedstock quality
specifications, however. EPA requests
information on the feasibility of
establishing a postconsumer cullet
standard for fiberglass insulation to
create a market for these materials. In
particular, EPA requests information
about the sources, availability, and cost
of postconsumer cullet meeting the
fiberglass manufacturers' feedstock
quality specification and, in light of this
information, recommendations for the
minimum postconsumer cullet content
levels that are practicable.
d. Specifications. As previously
discussed, in 1993, ASTM issued a
standard for the composition of cullet
used in the manufacture of fiberglass
insulation. EPA wants to ensure that
procuring agencies are aware of this
standard so that they can promote the
availability of consistent supplies of
recovered cullet meeting the feedstock
specifications of the fiberglass
manufacturers.
3. Polystyrene Rigid Foam
Polystyrene rigid foam insulation was
included in the scope of the original
building insulation products
procurement guideline, but EPA did not
recommend a recovered materials
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18898
Federal Register / Vol. 59, No. 76 / Wednesday, April 20, 1994 / Notices
content level for this item because it
was commercially^ unavailable
containing recovered materials. EPA
now is aware of one manufacturer using
recovered materials. One manufacturer
does not constitute adequate
competition, however.
Therefore, EPA requests information
on other manufacturers of polystyrene
rigid foam insulations using recovered
materials. EPA is interested in learning
the type(s) and percentage(s) of
recovered materials used by each
manufacturer.
B. Structural Fiberboard and Laminated
Paperboard Products
1. Preference Program
In today's draft RMAN, EPA
recommends that procuring agencies
establish minimum recovered materials
content standards for use in purchasing
structural fiberboard and laminated
paperboard products, whether for
insulating, structural, or decorative
applications. EPA recommends that the
standards be based on the content levels
shown in Table C-2 of the draft RMAN.
2. Background
Structural fiberboard and laminated
paperboard products, whether used for
insulating or for structural applications,
are manufactured with a variety of
recovered materials. In structural
fiberboard, the recovered materials used
include wood wastes, bagasse (sugar
cane waste), over-issue newspapers and
magazines, and postconsumer
newspaper, corrugated, and mixed
paper. In laminated paperboard,
postconsumer paper is the principal
recovered material used, including old
newspapers and old corrugated
containers, hi structural fiberboard
products, the range of recovered paper
content is 18 to 100 percent, with most
manufacturers now using 20 percent
postconsumer recovered paper. In
laminated paperboard products, two of
the manufacturers use 100 percent
postconsumer paper, while the third
manufacturer uses varying percentages
of postconsumer recovered paper,
depending on customers' specifications.
RCRA section 6002 emphasizes
postconsumer content in the case of
paper. Consistent with the Act and
because paper and paperboard are the
largest components of the municipal
waste stream, EPA believes that it is
important to foster markets for
postconsumer recovered paper. EPA
emphasized postconsumer content for
most grades of paper and paperboard in
the 1988 paper procurement guideline.
In today's draft RMAN, EPA
recommends postconsumer recovered
paper content levels for both structural
fiberboard and laminated paperboard
products.
EPA does not believe, however, that
Congress intended for use of
postconsumer paper to increase in all
products at the expense of other
recovered materials. Doing so would
simply substitute one component of the
waste stream—paper—for other
components. Doing so could also
endanger established markets for the
other components. Therefore, we
believe that it is appropriate when
purchasing products, such as structural
fiberboard, that can contain other
recovered materials hi addition to
paper, to encourage continued use of
these other recovered materials as well.
The recovered materials content levels
recommended today for structural
fiberboard products balance usage of
both kinds of recovered materials and
recognize that these products create a
market for bagasse and wood wastes, as
well as for postconsumer paper.
a. Structural fiberboard products.
There are seven manufacturers of
structural fiberboard. Table 2 shows the
current recovered materials content of
their products. While one manufacturer
of structural fiberboard products is able
to use 100 percent postconsumer
recovered paper, the other
manufacturers are not able to do so.
These other manufacturers use different
processes and equipment that were not
designed to handle larger percentages of
recovered paper. Fiberboard is made
from a watery pulp which is deposited
on a screen, after which water is
vacuumed off. Because paper holds
water, introduction of levels of
recovered paper greater than 20 percent
requires a reduction in the speed of the
production line in order to dry the
board. As a result, production costs
increase.
TABLE 2.—RECOVERED MATERIALS
CONTENT OF STRUCTURAL FIBER-
BOARD PRODUCTS
Manufac-
turer
Company A
Company B
Company C
Company D
Percent-
age
100
60
80
20
5
Type of recovered
materials
Postconsumer
newspapers.
Recovered wood,
postconsumer
and over-issue
paper.
Bagasse.
Postconsumer
paper.
Postconsumer
newspaper and
corrugated.
TABLE 2.—RECOVERED MATERIALS
CONTENT OF STRUCTURAL FIBER-
BOARD PRODUCTS—Continued
Manufac-
turer
Company E
Company F
Company G
Percent-
age
0
10-15
0
Type of recovered
materials
Experimenting with
up to 25 percent
postconsumer/
over-issue news-
paper.
Postconsumer
newspaper.
Experimenting with
up to 10 percent
postconsumer
newspaper.
Based on this information, EPA
proposes that procuring agencies
establish a two-part minimum recovered
materials content standard for use in
purchasing structural fiberboard,
consisting of a postconsumer recovered
paper component and a recovered
materials component. In today's draft
RMAN, EPA recommends content levels
of 20 percent for the postconsumer
recovered paper component, and 40-80
percent for the recovered materials
component. In other words, EPA
recommends that structural fiberboard
products contain a total recovered
materials content between 60 and 100
percent recovered materials, including
20 percent postconsumer recovered
paper. This standard challenges those
manufacturers using less than 20
percent postconsumer recovered paper
to increase then- usage of these
materials. At the same time, it
recognizes that several structural
fiberboard manufacturers utilize high
percentages of other recovered
materials.
As shown in Table 2, some
manufacturers are now using
postconsumer recovered paper in
combination with over-issue paper (a
preconsumer material). Under today's
recommended recovered materials
content level, the use of over-issue
recovered paper cannot be counted
toward the postconsumer recovered
paper component but would count
toward the total recovered materials
content.
b. Laminated paperboard products.
EPA knows of three manufacturers of
laminated paperboard products that use
recovered materials. Two manufacturers
use 100 percent postconsumer paper.
The third manufacturer uses varying
amounts of postconsumer paper,
depending on its customers'
specifications. Based on this
information, EPA is recommending
recovered materials content levels for
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18899
laminated paperboard products of 100
percent postconsumer recovered paper.
3. Specifications
a. Structural fiberboard produdts. The
primary product standard used for
structural fiberboard products is ASTM
C 208, Insulating Board (Cellulosic
Fiber), Structural and Decorative.
Fiberboards made with wood, bagasse,
and paper can satisfy this standard.
However, the specification lists wood
and "cane," but not paper, as cellulosic
fibers, and does not include floor
underlayment and roof overlay, two
products which are made by a structural
fiberboard manufacturer using 100
percent postconsumer paper. Therefore,
in today's draft RMAN, EPA
recommends that procuring agencies
reference the technical requirements of
this standard and specify that structural
fiberboard products made from
recovered paper and products such as
floor underlayment and roof overlay are
included.
Another pertinent specification is the
American National Standard for
Cellulosic Fiberboard (ANSI/AHA
A194.1-1985). It neither requires use of
virgin materials nor precludes use of
recovered materials and, therefore, is
appropriate to use with structural
fiberboard products containing
recovered materials.
In addition, the American Society of
Heating, Refrigeration and Air
Conditioning Engineers (ASHRAE)
provides thermal ratings for "vegetable"
fiberboards including "homogeneous
board from repulped paper" used as
building board.
b. .Laminated paperboard products.
No ASTM or other single specification
exists that contains requirements for
laminated paperboard. However,
laminated paperboard products are
tested using some of the standards
specified in product and testing
specifications for structural fiberboard.
Additionally, laminated paperboard
products are tested against major codes,
including Federal Housing
Administration, the Council for
American Builders Association (CABO),
the Building Officials Council of
America (BOCA), and the International
Conference of Building Officials.
Reports of both CABO and BOCA
provide results of tests of laminated
paperboard products. ASHRAE also
provides thermal ratings for laminated
paperboard products.
c. "R"-vafues. As with other products
made with recovered materials, EPA
believes that specifications for structural
fiberboard and laminated paperboard
products should focus on performance
requirements. For insulating products,
energy value or "R" value, is a principal
performance standard. EPA was told
that "R" value specifications, if set at
inappropriately high levels, can be used
to preclude products made with
recovered materials. In today's draft
RMAN, EPA recommends that agencies
review their specifications and revise
them as appropriate to obtain the
appropriate "R" value needed without
unnecessarily precluding the purchase
of products containing recovered
materials.
C. Plastic Pipe and Fittings
1. Preference Program
In today's draft RMAN, EPA
recommends that procuring agencies
establish minimum recovered materials
content standards for use in purchasing
plastic pipe and fittings for the
following non-pressure applications:
Drainage; sewer; drain, waste and vent
(DWV); and conduit. EPA recommends
that procuring agencies establish the
standards within the range of recovered
materials content levels shown in Table
C-3 of the draft RMAN.
2. Background
Plastic pipe and fittings are currently
manufactured with recovered PVC and
HOPE. The following sections and Table
3 provide information on the current
availability of pipe and fittings
containing recovered materials for the
non-pressure applications covered by
this guideline. Each entry on Table 3
reflects data from a manufacturer;
however, manufacturers names are not
listed. It should be noted that some
manufacturers produce more than one
product (e.g., both corrugated and
smoothwall drainage pipe).
TABLE 3.—RECOVERED MATERIALS CONTENT OF PLASTIC PIPE
Pipe application
Conduit
Resin
HOPE
HRPF
HOPE
unpF
HOPE
HOPE
HOPE
HDPF . ...
HOPE
pvc -
PVC
PVC/HDPE
HOPE
PVC
PVC/HDPE
PVC
Postconsumer materials
(percent)
20-50
30
Up to 100
20-50
100
20
85
Up to 100
Not available
0
0
0
Not available
Up to 100
40-100
Not available
Total recovered
materials (percent)
55.
100.
100.
40-50.
100.
55.
100.
Up to 100.
Not available.
Up to 100.
20-30.
40-100.
Not available.
Up to 100.
40-100.
Not available.
a. Drainage. EPA has identified 10
manufacturers of drainage pipe (both
corrugated and smoothwall) using total
recovered materials contents ranging
from 40 to 100 percent. Six of the 10
manufacturers reportedly use up to 100
percent total recovered HOPE. Eight of
the 10 drainage pipe manufacturers use
postconsumer HOPE as well, ranging
from 20 to 100 percent. Thus, the
majority of drainage pipe manufacturers
that use recovered materials are
currently using postconsumer resin,
which indicates to EPA that the
technical feasibility of manufacturing
drainage pipe with up to 100 percent
postconsumer materials has been
adequately demonstrated. Therefore, for
drainage pipe and fittings, EPA
recommends minimum postconsumer
recovered materials content levels
between 40 and 100 percent.
Based on the information in Table 3,
there is no substantial difference in the
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Federal Register / Vol. 59, No. 76 / Wednesday, April 20, 1994 / Notices
range of recovered materials for
corrugated and smoothwall pipe.
Therefore, EPA recommends that
procuring agencies establish one
recovered materials standard to cover
both types of drainage pipe.
EPA believes that manufacturers have
demonstrated that it is technically
feasible to produce drainage pipe made
with up to 100 percent postconsumer
HDPE. However, EPA requests comment
on whether there is an adequate supply
of quality postconsumer HDPE
feedstock to meet the needs of the
drainage pipe market.
b. Sewer. EPA has identified four
manufacturers of sewer pipe made of
recovered materials ranging from 20 to
100 percent. Although two of these
manufacturers reportedly use HDPE,
EPA understands that PVC is the
dominant resin used in the manufacture
of sewer pipe. The American Plastics
Council reported that only 0.2 percent
of postconsumer PVC sold in 1992 was
recycled, compared with a 5 percent
recycling rate for postconsumer HDPE.
Postconsumer PVC is not as widely
available as postconsumer HDPE.
Therefore, for sewer pipe and fittings,
EPA is recommending total recovered
materials content levels of 40 to 100
percent, rather than postconsumer
recovered materials content levels. EPA
requests comment on whether there is
an adequate supply of quality
postconsumer PVC to justify
recommending postconsumer content
levels. Further, EPA seeks information
on the availability of any standards,
such as described above in section
VI.A.2 for glass cullet, that are being
used to specify the quality requirements
of postconsumer PVC feedstock, which
would aid in fostering increased
markets for this material.
c. DWV. EPA has information on only
one manufacturer of DWV pipe, who
reportedly uses 40 to 100 percent
recovered PVC or HDPE. However, it is
likely that there are other manufacturers
of DWV pipe that use recovered
materials, but do not market their
product as such. EPA understands from
discussions with pipe industry
representatives that PVC is the
dominant resin used in DWV
manufacturing. EPA is not
recommending postconsumer recovered
materials content levels for DWV pipe at
this time, for the reasons cited above for
sewer pipe. Rather, for DWV pipe and
fittings, EPA recommends minimum
recovered content levels in a range of 40
to 100 percent total recovered materials
content. EPA seeks information on other
manufacturers of DWV pipe made from
recovered materials, including the
percentages of total recovered resin and
postconsumer resin and the type of
resin used.
d. Conduit. EPA understands that
PVC is the dominant resin used in the
manufacture of conduit. Available
information indicates no technical
reasons why conduit could not contain
recovered resin, because the
manufacturing process and performance
requirements are similar to those for the
other types of pipe covered by the
Comprehensive Procurement Guideline.
Therefore, for conduit, EPA
recommends recovered materials
content levels in the range of 40 to 100
percent total recovered materials—the
same range recommended for the other
types of pipe. Due to the low availability
of postconsumer PVC feedstock, EPA is
not recommending postconsumer
recovered materials content levels for
conduit at this time.
EPA has not identified manufacturers
of conduit who market their product as
containing recovered resin, although
EPA believes that at least one
manufacturer is currently using
recovered materials. Therefore, EPA
requests information on the
manufacture of conduit containing
recovered resin and the percentage of
recovered materials used.
3. Specifications
ASTM has approximately 20
standards for non-pressure HDPE and
PVC pipe. (These standards Eire listed in
the feasibility study for a plastic pipe
procurement guideline, which has been
placed in the docket for today's draft
RMAN.) The materials specifications of
some of these standards explicitly
require the use of virgin resin; others
neither allow nor preclude recovered
materials content. Manufacturers who
use recovered resin in their pipe
products cannot meet the virgin
materials requirement of some ASTM
standards; however, they can receive
verification by independent testing labs
that their products meet the
performance requirements contained
within those standards. For the past few
years, many members of ASTM have
been interested in allowing the use of
recovered materials, either by revising
existing material requirements or
developing new standards. However,
ASTM's process of revising or
developing a standard often takes
several years. ASTM currently has a few
projects to develop new standards, or
revise existing standards, that allow
recovered resin in certain non-pressure
pipe applications.
In today's draft RMAN, EPA
recommends that procuring agencies
evaluate the ASTM standards which
pertain to their pipe applications to
determine whether those standards
preclude the use of recovered resin. If
the applicable ASTM standard
precludes recovered materials, EPA
encourages procuring agencies to
purchase pipe that is certified to meet
the applicable ASTM performance
requirements, in lieu of being "ASTM
approved". Procuring agencies also are
encouraged to review their own
construction specifications and revise
them to allow for pipe meeting the
ASTM performance standards and made
from recovered materials.
The American Association of State
Highway and Transportation Officials
(AASHTO) Standard M 252-93,
"Corrugated Polyethylene Drainage
Tubing," also precludes the use of
recovered resin. EPA understands that
some members of AASHTO are
evaluating whether sufficient testing
and performance data exist to consider
revising this standard to allow for pipe
made of recovered materials. EPA ,
encourages revision of the AASHTO
standard if the technical data satisfy the
concerns about the performance of,
plastic pipe containing recovered resins.
D. Geotextiles and Related Products
1. Preference Program
In today's draft RMAN, EPA
recommends that procuring agencies
establish recovered materials content
standards, based on the recovered
materials content levels shown in Table
C-4 of the draft RMAN, for use in
purchasing geotextiles. EPA further
recommends that procuring agencies
establish recovered materials content
standards for the geotextile component
of a geocomposite based on the
recovered materials content levels
shown in Table C-4.
2. Background
Geotextiles are currently
manufactured with recovered
polyethylene terephthalate (PET) and
polypropylene (PP). The following
sections and Table 4 provide
information on the current availability
of geotextiles and related products
containing recovered materials. Each
entry in Table 4 represents data from a
manufacturer; however, manufacturers
names are not listed.
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18901
TABLE 4.—RECOVERED MATERIALS CONTENT OF GEOTEXTILES AND RELATED PRODUCTS
Product
Resin
PP
PP
PET
PET
PET
PET
PET
(2)
(2)
Postconsumer
Materials
(Percent)
20
0)
(1)
(1)
(1)
60
60
(2)
(2)
Total Re-
covered
Materials
(Percent)
20
100
100
100
100
60
60
(2)
(2)
i Not available.
a No available information.
a. Geotextiles. As shown in Table 4,
geotextiles are currently produced using
recovered PP and PET, including
postconsumer recovered resin. EPA
knows of two additional companies that
reportedly use recovered plastic to make
geotextiles; however, the specific
percentage of recovered materials
content could not he obtained and,
therefore, was not included in Table 4.
(i) Polyethylene terephthalate. Three
geotextife manufacturers produce
needlepunched, nonwoven polyester
geotextiles from 100 percent recovered
PET. EPA does not have information on
the percentage of postconsumer content
in these products. However, EPA
believes that it is technically feasible to
manufacture geotextiles with a high
percent of postconsumer PET, and that
there are sufficient supplies of
postconsumer PET feedstock available
for the geotextile market. In 1992,
postconsumer PET had the highest
recycling rate of all plastic resins, 23.8
percent (460.5 million pounds),
according to the American Plastics
Council. Therefore, for geotextiles made
of PET, in today's draft RMAN, EPA
recommends recovered materials
content levels in a range of 50 to 100
percent postconsumer materials.
(ii) Polypropylene. One company
produces woven and nonwoven
geotextiles containing 20 percent
postconsumer PP. Another
manufacturer produces geotextiles from
100 percent recovered PP for use in
erosion control applications. The
American Plastics Council reported that,
in 1992, postconsumer PP was recycled
at a rate of 3.0 percent (222.4 million
pounds). EPA believes that there is a
sufficient supply of postconsumer PP to
justify recommending recovered
materials content levels in a range of 20
to 100 percent postconsumer materials.
EPA believes that if procuring agencies
purchase geotextiles within this range,
there will oe an increase in demand for
postconsumer PP, which may thereby
contribute to an increase in its diversion
from the waste stream. EPA requests'
information on whether there are
sufficient supplies of postconsumer
recovered PP of appropriate quality to
meet the needs of the geotextile
industry. EPA also requests information
on whether there are any quality
specifications for postconsumer PP
feedstock, such as the ASTM
specification for glass cullet described
in section V.A.2 above, which would be
useful to plastics processors and
remanufacturers. In addition, EPA
requests comment on whether a separate
standard should be recommended for
woven vs. nonwoven geotextiles (either
made of PET or PP), due to the higher
strength properties of woven geotextiles.
b. Geogrids andgeonets. No geogrid
or geonet manufacturers are known to
use recovered plastic to make their
products. EPA requests comment on
whether there are manufacturers of
geogrids and geonets containing
recovered resin.
c. Geocomposites. Geocomposite
products are combinations of other
types of geosynthetics, for example,
geogrid-geomembrane composites,
geotextile-geomembrane composites,
and geotextile-geotextile composites.
EPA is aware of two geocomposite
manufacturers that make their products
with 60 percent postconsumer PET, and
market their products for landfill liner
and cap applications. EPA understands
that the geocomposites made by one of
these companies consist of a 100
percent recovered PET geotextile
combined with a geomembrane.
EPA is not recommending separate
recovered materials content levels for
geocomposites; however, EPA
recommends that procuring agencies
establish minimum recovered materials
content standards for the geotextile
layer of geocomposites, based on the
recovered materials content levels for
geotextiles set forth in Table C-4 of the
draft RMAN.
3. Specifications
EPA has identified no standards that
preclude the use of recovered resin in
the manufacture of geotextiles, geonets,
geogrids or geocomposites.
a. Geotextiles. Standards for the
manufacture and use of geotextiles are
governed primarily by ASTM. ASTM's
Committee D-35 on Geosynthetics has
developed 22 standards, 13 of which
apply to geotextiles. All but one of these
geotextile standards describe procedures
for testing geotextiles for certain
properties, such as tensile strength and
ultraviolet light resistance. These test
methods are used mainly to compare
different types of geotextiles and for
acceptance testing. The one ASTM
geotextile standard that is not a test
method provides instructions on how to
accept, store, and handle geotextiles.
None of these standards require that
geotextiles be manufactured with virgin
resin.
Other groups that oversee the use of
geotextiles include the AASHTO, State
Departments of Transportation, and
several Federal agencies such as the
Federal Highway Administration and
EPA. None of these groups require that
geotextiles be made of virgin resin.
Because there are no specifications
that prohibit the use of recovered resins
in the manufacture of geotextiles, EPA
does not foresee that procuring agencies
will encounter any problems with
procuring geotextiles containing
recovered materials that meet the
desired applications.
b. Geogrids, geonets, and
geocomposites. Only one of the 13
ASTM geotextile standards also applies
to these related products. This standard,
ASTM D 4716, "Standard Test Method
for Constant Head Hydraulic
Transmissivity (In-Plane Flow) of
Geotextiles and Geotextile Related
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Products," describes how to measure
the flow of water through geotextiles
and related products under different
circumstances. This standard does not
preclude the use of recovered plastics in
the manufacture of geotextiles or related
products.
E. Cement and Concrete Containing
Ground Granulated Blast Furnace Slag
1. Preference Program
In today's draft RMAN, EPA
recommends that procuring agencies
revise their procurement programs for
cement and concrete or for construction
projects involving cement and concrete
to allow use of ground granulated blast
furnace (GGBF) slag, as appropriate.
EPA recommends that procuring
agencies specifically include provisions
in all construction contracts to allow for
the use, as optional or alternate
materials, of cement or concrete which
contains GGBF slag, where appropriate.
Due to variations in GGBF slag,
cement strength requirements, costs,
and construction practices for the
particular cement or concrete
application, EPA is not recommending
that procuring agencies establish a
specific minimum content standard for
cement or concrete containing GGBF
slag. However, EPA notes that,
according to ASTM Standard
Specification C 595, Standard
Specification for Blended Hydraulic
Cements, GGBF slag may replace up to
70 percent of the portland cement in
some concrete mixtures. Most GGBF
slag concrete mixtures contain between
25 and 50 percent GGBF slag by weight.
EPA recommends that procuring
agencies refer to ASTM C 595 for the
GGBF slag content appropriate for the
intended use of the cement and
concrete.
2. Background
EPA's 1983 procurement guideline for
cement and concrete containing fly ash
contains recommendations for the use of
those products. In the Comprehensive
Procurement Guideline proposed
elsewhere in the Federal Register today,
EPA is proposing to amend the cement
and concrete designation to add use of
GGBF slag. As explained in the
proposed CPG, EPA considered
designating cement and concrete
containing GGBF slag in the 1983
guideline but did not do so because the
product was not available nationwide.
From information recently provided by
GGBF slag producers, EPA concludes
that GGBF slag is now sufficiently
available to add it to the cement and
concrete guideline.
EPA proposes to revise the 1983
recommendations to incorporate the use
of GGBF slag in cement and concrete.
Specifically, EPA is revising the general
procurement provision and the sections
on guide specifications, contract
specifications, materials specifications,
and performance standards. In the final
RMAN, EPA will combine the proposed
revisions with the existing
recommendations for cement and
concrete containing fly ash.
There has been some confusion about
whether the scope of the 1983 cement
and concrete guideline includes
municipal combustor ash, because the
title of the guideline is "cement and
concrete containing fly ash." While the
text of the 1983 guideline clearly
explains that the item designation is
limited to fly ash generated by coal
burning utilities, EPA plans to clear up
any ambiguity in the final RMAN, by
referring to the material as coal fly ash.
3. Specifications
ASTM, AASHTO, and the American
Concrete Institute publish consensus
specifications for cement and concrete,
including the use of recovered materials
such as GGBF slag in these items. EPA
lists these specifications in the draft
RMAN and recommends that procuring
agencies use these voluntary consensus
specifications for cement and concrete
containing GGBF slag.
In addition, the States of Maryland,
West Virginia, Pennsylvania, Virginia,
Georgia, South Carolina, and Florida
have adopted specifications which
allow use of GGBF slag in cement and
concrete. The specifications are
available from the state transportation
departments should procuring agencies
wish to adapt them for use in their
affirmative procurement programs for
cement and concrete containing GGBF
slag.
F. Carpet
1. Preference Program
In today's draft RMAN, EPA
recommends that, for polyester carpet
used in low- and medium-wear
applications, procuring agencies
establish minimum content standards at
a level of 100 percent postconsumer
recovered materials, as shown in Table
C-6 of the draft RMAN.
EPA further recommends that Federal
procuring agencies use GSA's New Item
Introductory Schedule when purchasing
polyester carpet containing recovered
materials. EPA also recommends that
procuring agencies review their
specifications and revise them to
permit, where suitable, the use of
polyester carpet containing recovered
materials. In particular, EPA
recommends that agencies currently
limiting carpet materials to nylon and/
or wool consider adding polyester
carpet, where appropriate, to enable
them to procure carpet containing
recovered materials.
2. Background
Broadloom carpet, meaning roll goods
in 12-foot widths, for wall-to-wall
installation, generally is comprised of
face fibers (made of nylon, polyester,
wool, or polyethylene) inserted into a
primary backing, which is usually made
of polypropylene materials. The
majority of carpet manufactured in the
U.S. is made of nylon carpet fibers, with
a smaller percentage (about 10 percent)
made of polyester.
In the CPG, the proposed item
designation for polyester carpet is
limited to uses in low- and medium-
wear applications. Therefore, the
recommendations for recovered
materials content levels are also limited
to polyester carpet used in low- and
medium-wear applications.
As discussed in the CPG, although
nylon comprises a much larger share of
the carpet fiber market than polyester, at
this time, carpet containing recovered
materials is being manufactured only
from recovered PET. In addition, one
major manufacturer of nylon and nylon
carpet fibers has initiated a pilot project
to recover nylon from old carpet and
remanufacture it into new products,
including new carpet fiber. Because this
process is only now being developed,
EPA is limiting the proposed item
designation in the CPG to polyester
carpet and is not recommending
recovered materials content levels for
nylon carpet in today's draft RMAN.
The General Services Administration
(GSA) lists recovered polyester carpet
on its current New Item Introductory
Schedule (NHS), which is effective until
September 30,1995. EPA has identified
two companies that manufacture carpet
fiber with 100 percent postconsumer
PET. One of these vendors is currently
listed under this GSA contract. An item
may be listed on the NIIS for up to 3
years; during that time, the item can be
purchased by Federal agencies while
testing is conducted and data are
gathered to ensure the product's
performance. If the item is acceptable
and demand warrants, it may be placed
under a permanent method of supply.
3. Specifications
GSA does not establish specifications
for items listed on a New Item
Introductory Schedule. GSA currently
does not have separate specifications for
polyester carpet made of recovered
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18903
materials, but does require that carpet
containing recovered materials meet the
same technical requirements as carpet
made from virgin materials. Examples of
GSA's specifications for polyester carpet
include pile density, pile weight, twist,
colorfastness, tuft bind, and
flammability. The test methods required
to verify these specifications are
consistent with those of other
organizations (e.g., ASTM).
Today's draft recommendations for
polyester carpet do not apply in cases
where Federal specifications require the
use of carpet made with nylon, wool, or
other materials. However, if a
specification allows flexibility in
choosing the type of carpet fiber, EPA
recommends that procuring agencies
evaluate whether polyester carpet is
appropriate to meet their needs, and, if
so, to specify polyester carpet
containing recovered materials.
G. Floor Tiles and Patio Blocks
1. Preference Program
In today's draft RMAN, EPA
recommends that, for floor tiles and
patio blocks made of rubber or plastic,
procuring agencies establish minimum
recovered materials content standards.
EPA recommends that procuring
agencies establish the standards within
the range of recovered materials content
levels shown in Table C-7 of the draft
RMAN. EPA's recommendation does not
preclude procuring agencies from
purchasing floor tiles or patio blocks
manufactured from another material. It
simply recommends that procuring
agencies, when purchasing floor tiles or
patio blocks made from rubber or
plastic, purchase these items made from
recovered materials.
2. Background
Table 5 provides information on the
availability of floor tiles and patio
blocks made of recovered materials.
Each entry reflects data from a
manufacturer; however, manufacturers
names are not listed.
TABLE 5.—RECOVERED MATERIALS
CONTENT OF FLOOR TILES AND
PATIO BLOCKS
TABLE 5.—RECOVERED MATERIALS
CONTENT OF FLOOR TILES AND
PATIO BLOCKS—Continued
Product
Floor
Tites.
Material
Rubber ...
Rubber ...
Rubber ...
Rubber ...
Rubber ...
Post-
consumer
materials
(percent)
75-95
75-95
90
99
98
Total re-
covered
mate-
rials
(percent)
95
75-95
90
99
98
Product
Patio
Blocks.
Material
PVC
PVC
PVC
PVC
Mixed
plastic
PVC
Rubber ..
Rubber ..
Rubber ..
Compos-
ite plas-
tics.
Plastic/
wood.
Rubber/
plastic.
Post-
consumer
materials
(percent)
100
20
100
(1)
(1)
(1)
(1)
0)
100
100
20
60
80-90
Total re-
covered
mate-
rials
(percent)
100
100
100
100
100
(1)
90-100
(1)
100
100
100
100
f
(2)
1 Not available.
2 Up to 90.
a. Floor tiles. EPA has identified 10
manufacturers and/or distributors of
floor tiles containing recovered
materials. The recovered materials used
in these products include rubber
derived from old tires, and various
plastic resins, most commonly PVC (i.e.,
vinyl). Five of the 10 companies make
floor tiles with postconsumer tire
rubber, with recovered materials content
levels ranging from 75-99 percent. The
companies add a small amount of virgin
rubber, adhesive fabric, or coloring
agents to their products. All five
companies market their products
nationally for applications such as
entrance ways in airports and stores,
furniture showrooms, skating rinks, and
fitness centers. For floor tiles made of
rubber, EPA recommends minimum
postconsumer recovered materials
content levels between 90 and 100
percent.
Five of the 10 companies nationally
market floor tiles made from recovered
plastic, mainly PVC, in a range of 90 to
100 percent total recovered materials,
with 20 to 100 percent postconsumer
resin. A few types of floor tile are made
of 90 to 100 percent preconsumer PVC
from swimming pool liners, roof
membranes, and automobile dashboard
cutouts. These interlocking tiles are
used in various applications, such as
fitness centers, bathrooms, and
cafeterias. Another type of tile is made
of 100 percent postconsumer PVC from
car doors and fender strips. These
interlocking tiles are used for heavy-
duty applications such as entrance
vestibules, work areas behind cashier
counters, and under heavy equipment in
fitness centers. Because supplies of
postconsumer PVC are not widely
available, for floor tiles made of
recovered plastic, EPA recommends
total recovered materials content levels
between 90 and 100 percent.
b. Patio blocks. EPA has identified 6
manufacturers of patio blocks made
with recovered materials. The recovered
materials used to make these products
include rubber derived from old tires
and blends of plastics resins (e.g., HDPE
and LDPE), rubber/plastic, and rubber/
wood. Two manufacturers offer patio
blocks containing 100 percent
postconsumer tire rubber. One
manufacturer offers a product made of
a rubber/plastic blend containing 80-90
percent postconsumer recovered
materials. Based on this information, for
patio blocks containing rubber or rubber
blends (e.g., rubber/plastic or rubber/
wood), EPA recommends recovered
materials content levels of 90-100
percent postconsumer recovered
materials.
Two manufacturers offer patio blocks
made with blends of recovered plastic
materials. One of these manufacturers
produces patio blocks made with
composite plastic (HDPE and LDPE)
'containing 20 percent postconsumer
''recovered materials and 100 percent
total recovered materials.
The other manufacturer offers patio
blocks made of a plastic/wood blend
containing 60 percent postconsumer
materials and 100 percent total
recovered materials. Because some of
the resins used to make patio blocks are
not widely available at this time from
postconsumer sources (e.g., LDPE), for
patio blocks made of plastic or plastic
blends, EPA recommends total
recovered materials content levels in a
range from 90-100 percent.
3. Specifications
Floor tiles made of recovered rubber
or plastic have been used in a variety of
applications, including fitness centers,
bathrooms, cafeterias, entrance
vestibules, work areas, and laboratories.
These uses are consistent with the
potential uses by procuring agencies.
Patio blocks made of recovered
materials have been used in the
construction of garden walkways and
trails. EPA is not aware of any
specifications that prohibit the use of
recovered materials in the manufacture
of floor tiles or patio blocks.
EPA knows of one specification for
rubber floor tiles, ASTM F 1344,
"Standard Specification for Rubber
Floor Tile." This specification does not
preclude the use of recovered materials
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Federal Register / Vol. 59, No. 76 / Wednesday, April 20, 1994 / Notices
in the manufacture of floor tiles. EPA is
not aware of any specifications for patio
blocks and requests information about
them.
VII. Recommendations for
Transportation Products
Part D of the draft RMAN contains
EPA's recommendations for
transportation products. Today, in
Section D-l, EPA makes
recommendations for temporary traffic
control devices.
A. Temporary Traffic Control Devices
1. Preference Program
In today's draft RMAN, EPA
recommends that, based on the
recovered materials content levels
shown in Table D-l, procuring agencies
establish minimum content standards
for traffic cones and Type I and Type n
traffic barricades.
2. Background
a. Traffic cones. As shown in Table 6,
traffic cones are currently manufactured
using LDPE, PVC, and crumb rubber
from tires. Percentages of recovered
LDPE and PVC range from 50 to 100
percent, with the postconsumer content
of these materials ranging up to 15
percent. The base of the cones is
typically manufactured from 50 to 100
percent crumb rubber derived from
whole scrap tires or buffings recovered
during the retreading process.
"Buffings" are considered to be
postconsumer recovered materials.
Based on this information, in today's
draft RMAN, EPA recommends
recovered materials content levels in the
range of 50-100 percent total recovered
materials for traffic cones, consisting of
recovered plastic resins, rubber from
whole scrap tires or derived from the
retreading process, or blends of the two
materials. At this time, due to the fact
that many of the traffic cones identified
by EPA contained relatively small
percentages of postconsumer recovered
plastics, EPA is not recommending that
procuring agencies establish a
postconsumer recovered materials
content standard. Most manufacturers of
these products indicated that they were
seeking to increase percentages of
postconsumer recovered content,
however. Should procuring agencies
establish postconsumer recovered
materials content standards, the supply
of traffic cones meeting the standards
might not be sufficient. EPA is
requesting information on the
availability of traffic cones
manufactured with postconsumer
recovered materials that meet Federal
performance specifications.
TABLE 6.—RECOVERED MATERIALS CONTENT IN TRAFFIC CONES AND TRAFFIC BARRICADES
Type of product
Traffic cones
Traffic barricades.
(Types 1 and II)
Material
PVC
PVC
PVC
Crumb rubber
Crumb rubber-base
LDPE-cone
HOPE
HOPE
HOPE
HOPE + LDPE
HOPE + PET
Fiberglass
Wood + Metal
Postconsumer materials
(percent)
3-15 ....
6-7
0
15-25
50-100
0
50-100
80-100
99-100
90
80-100
0
Not available
Total recovered
materials (percent)
68-92
50
100
i
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18905
A. Playground Surfaces and Running
Tracks
1. Preference Program
In today's RMAN, EPA recommends
that, based on the recovered materials
content levels shown in Table E-l,
procuring agencies establish minimum
recovered materials content standards
for use in purchasing playground
surfaces and running tracks made of
rubber or plastic. EPA's
recommendation does not preclude
procuring agencies from purchasing
playground surfaces or running tracks
manufactured from another material. It
simply recommends that procuring
agencies, when purchasing playground
surfaces or running tracks made from
rubber or plastic, purchase these items
made from recovered materials.
2. Background
Tables 7 and 8 provide information on
the availability of playground surfaces
and running tracks made of recovered
materials, respectively. Each entry
represents data from a manufacturer or
distributor; however, company names
are not listed.
TABLE 7.—RECOVERED MATERIALS CONTENT OF PLAYGROUND SURFACES
Product
Playflfound surfaces
Material
p. ihK0r
Pnhhor ....
nnKKor/PWP
P\/P
p. thhar
RI ihhAr
Rubber
Postconsumer material (percent)
60 (tires)/40 (asphalt)
1 00
1 00
90
50 ..„
1 00 -
1 00
1 00
1 00
80 (rubber)/20 (PVC)
1 00
100
1 00
90 • '••'••
90
90
1 00
1 00
1 00
1 00
1 00
Total recovered mate-
rials (percent)
100
100
100
90
50
100
100
100
100
100
100
100
100
90
90
90
100
100
100
100
100
TABLE 8.—RECOVERED MATERIALS CONTENT OF RUNNING TRACKS
Product
Material
Rubber
Rubber
Postconsumer material (percent)
77
1 00
100 (90-95 for colored products) .
1 00 r
Total recovered mate-
rials (percent)
77
100
100
100
a. Playground surfaces. EPA has
identified 20 manufacturers/distributors
of playground surfaces made with
recovered materials. These companies
offer products made of postconsumer
rubber derived from old tires, with a
range of 50 to 100 percent postconsumer
rubber. Three of these companies use
other recovered materials as well,
including blends of rubber/asphalt,
rubber/compost, and rubber/PVC. One
of these companies also makes
playground surfaces of 100 percent
postconsumer PVC. Fourteen of the 20
companies offer playground surfaces
made with 100 percent postconsumer
materials. All but one of the 20
companies offers this product with 90
percent or greater postconsumer
materials. Therefore, for playground
surfaces made of rubber or plastic, EPA
recommends recovered materials
content levels in a range of 90-100
percent postconsumer materials.
b. Running tracks. Some of the
companies that make playground
surfaces also make running tracks of
postconsumer rubber from tires. EPA
obtained information from four of these
companies, each of which offers
running tracks containing 77-100
percent postconsumer rubber. Three of
the four companies offer running tracks
containing 100 percent postconsumer
recovered rubber. One of these
companies also offers a colored running
track that contains 90-95 percent
postconsumer recovered rubber. Those
companies that do not use 100 percent
postconsumer recovered materials use
either a layer of virgin resin to provide
added spike resistance, or use 5 to 10
percent preconsumer rubber for
coloring. One of these companies
constructed the 1984 Olympic running
tracks with recovered materials, and has
constructed running tracks for
universities, schools, and state
governments. Based on this information,
for running tracks made of rubber or
plastic, EPA recommends recovered
materials content levels in a range from
90-100 percent postconsumer recovered
materials.
3. Specifications
GSA does not have specifications for
playground surfaces or running tracks;
however, Federal agency installations of
these products must comply with
applicable State or local construction
codes, as well as standards set by the
Consumer Product Safety Commission
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Ffederal Register / Vol. 59, No. 76 / Wednesday, April 20, 1994 / Notices
and the Americans With Disabilities
Act. The Consumer Product Safety
Commission requires that playground
surfaces meet certain performance
standards to reduce head injuries,
including ASTM F 1292 pertaining to
impact attenuation standards.
Playground surfacing and running
tracks must also comply with the
Americans With Disabilities Act which
provides that mobility-impaired persons
cannot be prohibited from access to
public places.
Running tracks are not listed in GSA's
Federal Supply Schedule, but
playground surfaces are listed [Group
78, Part 1, Schedule C; Class 7830;
Special Item Number (SIN) 192-37e,
"Playground Equipment, Safety
Surfacing, and Replacement Parts"]. At
least one contractor under this SIN
offers playground surfaces made with
recovered rubber.
IX. Recommendations for Landscaping
Products
Part F of the draft RMAN contains
EPA's recommendations for landscaping
products. Today, in sections F-l and F-
2, respectively, EPA makes
recommendations for hydraulic mulch
products and for yard trimmings
compost.
A. Hydraulic Mulch Products
1. Preference Program
In today's draft RMAN, EPA
recommends that, based on the
recovered materials content levels
shown in Table F—1, procuring agencies
establish minimum content standards
for hydraulic mulch products-. For
paper-based hydraulic mulch, EPA
recommends a level of 100 percent
postconsumer paper. For wood-based
hydraulic mulch and hydraulic mulch
containing both recovered wood and
paper, EPA recommends a level of 100
percent recovered materials. The
recovered materials content should be
based on the dry weight of the fiber,
exclusive of any dyes, wetting agents,
seeds, fertilizer, or other non-cellulose
additives.
2. Background
The majority of manufacturers about
which EPA has information are using
recovered materials at a content level of
100 percent. Depending on the
manufacturer, the recovered materials
used are postconsumer and over-issue
paper, recovered wood, or a
combination of recovered paper and
wood.
Paper-based hydraulic mulch is
produced using recovered paper as a
feedstock. Postconsumer newspapers
are the primary recovered paper used,
but some manufacturers are mixing in
over-issue newspapers and/or
magazines, and postconsumer
corrugated containers, office paper, and
telephone books.
Paper-based hydraulic mulch is
manufactured primarily by cellulose
insulation manufacturers. EPA is aware
of 37 manufacturers that produce both
cellulose insulation and hydraulic
mulch. Recovered paper content ranges
between 80 and 100 percent, with the
majority of these manufacturers using
100 percent postconsumer paper.
Wood-based hydraulic mulch
generally is manufactured with 100
percent wood fibers, which are
separated from wood scraps, wood
chips, and bark. At least one
manufacturer of wood-based hydraulic
mulch produces a blended product
containing 50 percent recovered paper,
Another manufacturer produces wood-
based hydraulic mulch products
containing 100 percent postconsumer
recovered wood and blends of
postconsumer recovered wood and
paper.
3. Specifications
Manufacturers of both paper-based
and wood-based hydraulic mulch
products claim superior performance
compared to the other product. It is
EPA's understanding that the
International Erosion Control
Association is developing performance
standards for hydraulic mulch to resolve
the dispute over performance. The
standards will be based on the amount
of vegetation produced, not on physical
specifications of the product. As of
January 1994, these standards were still
under development.
Limited research conducted for EPA
revealed that at least the States of
California, Illinois, Michigan,
Pennsylvania, Texas, Virginia, and
Washington allow the use of paper-
based hydraulic mulch. EPA requests
information on other state or consensus
specifications for hydraulic mulch
products containing recovered
materials.
B. Yard Trimmings Compost
1. Preference Program
In today's draft RMAN, EPA
recommends that procuring agencies
purchase or use compost made from
yard trimmings, leaves, and/or grass
clippings for use in such applications as
landscaping, seeding of grass or other
plants on roadsides and embankments,
under trees and shrubs, and in erosion
control and soil reclamation.
EPA further recommends that those
procuring agencies that have an
adequate volume of yard trimmings,
leaves, and/or grass clippings, as well as
sufficient space for composting, should
implement a composting system to
produce a mature, high-quality compost
from these materials for use in
landscaping and other applications.
2. Background
Composting is a biological process of
stabilizing organic matter under
controlled conditions into a product
that is rich in humus and provides
organic matter and nutrients to the soil.
Compost serves as an alternative
method of managing those organics that
would otherwise be landfilled. Yard
trimmings are the least controversial
feedstock for compost. When grass
clippings are included with leaves and
other yard trimmings, the resulting
compost can serve as a suitable nitrogen
source with an optimal carbon/nitrogen
ratio for most applications.
Compost can be used in agriculture,
horticulture, silviculture (growing of
trees), and in landscaping. It is used as
a soil conditioner, soil amendment,
lawn top dressing, potting soil mixture,
rooting medium, and mulch for shrubs
and trees, and for improvement of golf
and other sports turf. It also can be used
in erosion control and in land
reclamation and revegetation of
roadsides after road construction. As a
result, compost should have wide
applicability to procuring agencies for
landscaping, gardening, seeding, and
other applications.
Because of the high volume of yard
trimmings currently discarded each
year, there is no shortage of raw
materials that would preclude
composting facilities from supplying
large volumes of yard trimmings
compost. A significant portion of the
yard trimmings is being composted, and
the percentage is increasing. At the end
of 1992, there were nearly 3,000
composting facilities in the U.S. Thus,
the quantity of compost available from
local sources is expected to increase in
the near future.
The State of Maine has developed
quality standards for compost products
used by various state agencies or
purchased with state funds. The quality
standards have been set for six types of
compost products, ranging from topsoil
(three classes), to wetland substrate, to
mulch (two classes). For each of these
types of compost product, standards for
maturity, odor, texture, nutrients, pH,
salt content, organic content, pathogen
reduction, heavy metals, foreign matter,
moisture content and density have been
established. EPA has placed a copy of
this regulation, "Chapter 560 Standards
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18907
for Compost Products", in the docket for
the draft RMAN.
3. Specifications
Procuring agencies should ensure that
there is no language in their
specifications for fertilizers and soil
amendments that would preclude or
discourage the use of compost. For
instance, if specifications address the
use of straw or hay in roadside
revegetation projects, procuring
agencies should assess whether compost
could be substituted for straw or hay or
used in combination with them.
The Composting Council is helping to
define and develop industry-wide
standards for composts. The standards
will include a Standard Operating
Guide for composting facilities, which is
currently available in draft form from
The Composting Council, as well as
standards for suitability of different
typos of composts for different markets,
depending on the content of the
compost.
X. Recommendations for Non-Paper
Office Products
Part G of the draft RMAN contains
EPA's recommendations for non-paper
office products. Today, EPA is making
recommendations for office recycling
containers and office waste receptacles
(Section G-l), plastic desktop
accessories (Section G-2),
remanufactured toner cartridges
(Section G-3), binders (Section G-4),
and trash bags (Section G-5).
A. Office Recycling Containers and
Office Waste Receptacles
I. Preference Program
In today's draft RMAN, EPA
recommends that, based on the
recovered materials content levels
shown in Table G-l, procuring agencies
establish minimum content standards
for plastic office recycling containers
and office waste receptacles. EPA also
recommends that when purchasing
office recycling containers and waste
receptacles made from paper or steel,
procuring agencies purchase these items
containing recovered paper, as specified
in EPA's guideline for paper and paper
products (40 CFR part 250), and
recovered steel, respectively. EPA
currently does not have information on
the types and levels of and recovered
materials levels contained in steel
containers and receptacles and is
interested in obtaining this information.
EPA's recommendation for office
recycling containers and office waste
receptacles containing recovered
materials does not preclude procuring
agencies from purchasing containers or
receptacles manufactured using another
material, such as wood. It simply
recommends that procuring agencies,
when purchasing office recycling
containers or office waste receptacles
manufactured from plastic or paper,
should seek such containers made with
recovered materials as recommended in
Table G—1. When purchasing these
containers made with steel, procuring
agencies should seek the highest level of
postconsumer recovered materials
practicable.
2. Background
EPA knows of at least four
manufacturers that produce office
recycling containers and office waste
receptacles made with recovered
materials in the range of 20-100 percent
postconsumer recovered plastic, by
weight. Containers are available through
GSA's Federal Supply Schedule 72 VH
B, "Recycling Collection Containers and
Specialty Waste Receptacles."
GSA also has fiberboard recycling
containers available through its Special
Order Program. In addition, EPA's paper
procurement guideline (40 CFR part
250) contains recommended
postconsumer recovered materials
content levels for recycling containers
made from fiberboard or other papers.
(As previously discussed, EPA's
recommendations for paper products
will be found in Part A in the final
RMAN.)
3. Specifications
According to the information
available to EPA, there are no national
or Federal specifications that preclude
the use of recovered materials content in
the manufacture of office recycling
containers or waste receptacles. In lieu
of referencing national or Federal
specifications, EPA recommends that
procuring agencies incorporate
recovered materials content
requirements into solicitation or
contract documents when purchasing
these products.
B. Plastic Desktop Accessories
1. Preference Program
In today's draft RMAN, EPA
recommends that, based on the
recovered materials content levels
should in Table G—2, procuring agencies
establish minimum content standards
for plastic desktop accessories.
EPA's recommendation does not
preclude procuring agencies from
purchasing a desktop accessory
manufactured from another material,
such as, paper, wood, or steel. It simply
recommends that procuring agencies,
when purchasing plastic desktop
accessories, purchase these accessories
made from recovered materials.
2. Background
EPA knows of at least three
manufacturers that produce plastic
desktop accessories with recovered
materials content in the range of 25-80
percent postconsumer recovered plastic,
by weight. In addition, several office
products distributors carry these
accessories as part of their product
lines. GSA makes these products
available through its Federal Supply
Schedule.
Currently, EPA has information on
plastic desktop accessories made from
postconsumer recovered polystyrene
only. EPA requests information on
whether desk accessories are being
made from other recovered plastic
materials and the recovered materials
content levels of those items.
3. Specifications
According to the information
available to EPA, there are no national
or Federal specifications that preclude
the use of recovered materials in the
manufacture of plastic desktop
accessories. In lieu of referencing
national or Federal specifications,
procuring agencies usually incorporate
recovered materials content
requirements into their solicitation or
contract documents when purchasing
these products.
C. Remanufactured Toner Cartridges
1. Preference Program
In today's draft RMAN, EPA
recommends that, in lieu of minimum
content standards, procuring agencies
establish procedures for purchasing
remanufactured toner cartridges using
the substantially equivalent alternative
option, as set forth in RCRA section
6002(i)(3). EPA recommends that
procuring agencies adopt one or both of
the following approaches: (1) Procure
toner cartridge remanufacturing services
or (2) procure remanufactured toner
cartridges as products. EPA further
recommends that procuring agencies
establish policies that give priority to
remanufacturing the agencies' expended
toner cartridges. In other words, under
these policies, procuring agencies will
first procure toner cartridge
remanufacturing services for any
accumulated expended cartridges.
When such services are unavailable or
not practicable, then procuring agencies
should obtain remanufactured toner
cartridges from vendors of these items.
2. Background
As discussed in section III above,
minimum content standards are not
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18908 Federal Register / Vol. 59, No. 76 / Wednesday, April 20, 1994 / Notices
appropriate for remanufactured items
because a core part of the item is reused
in the new product, rather than ground
up and fed into a manufacturing
process. This is true in the case of toner
cartridge remanufacturing. Therefore,
although certain components of a toner
cartridge may contain recovered
materials, it is inappropriate for EPA to
recommend that procuring agencies
establish minimum content standards
for remanufactured toner cartridges.
Toner cartridge remanufacturing
services are available and increasing in
usage. Over the past few years, the
number of vendors that offer toner
cartridge remanufacturing services has
increased substantially. As of January
1994, GSA maintained a New Item
Introductory Schedule (MIS) for toner
cartridges. In addition, GSA has four
vendors that provide remanufactured
•. toner cartridges to its stock program.
3. Specifications
GSA has set forth procedures by
which remanufacturers providing
remanufactured toner cartridges to its
stock program are to disassemble, clean,
refill, and reassemble expended
cartridges.
D. Binders
1. Preference Program
In today's draft RMAN, EPA
recommends that, based on the
recovered materials content levels
shown in Table G-4, procuring agencies
establish minimum content standards
for the plastic covering used in plastic-
covered binders. The chipboard or
paperboard component of a plastic-
covered binder or a binder covered with
another material, such as cloth, is
covered under EPA's procurement
guideline for paper and paper products
(40 CFR part 250). EPA also
recommends that, for chipboard
binders, procuring agencies establish
minimum content standards consistent
with EPA's recommended recovered
materials content levels for paperboard
(40 CFR part 250).
EPA's recommendation for plastic-
covered and chipboard binders does not
preclude procuring agencies from
purchasing a binder covered with or
manufactured using another material,
such as cloth. It simply recommends
that procuring agencies, when
purchasing chipboard or plastic-covered
binders, purchase these binders
containing recovered materials.
2. Background
EPA is aware of at least three
manufacturers that produce plastic-
covered binders with recovered plastic
content in the covering, and two
manufacturers that produce chipboard
binders with recovered paper content.
The manufacturers of the plastic-
covered binders use recovered plastic in
a range of 50-60 percent recovered
plastic, by weight. At least one of the
manufacturers of plastic-covered
binders with recovered plastic content
sells its binders through GSA's New
Item Introductory Schedule.
Several states have also issued
solicitations for plastic-covered and
chipboard binders containing recovered
materials.
In the paper guideline (40 CFR part
250), EPA recommends postconsumer
recovered materials content levels for
paperboard, which would include
chipboard. (As previously discussed,
EPA's recommendations for paper
products will be found in Part A in the
final RMAN.)
3. Specifications
GSA's specification for binders, A—A—
2549A, "Binder, Loose-Leaf (Ring),"
covers four types of binders, including
cloth bound, flexible cover; cloth
bound, stiff cover; plastic bound,
flexible cover; and plastic bound, stiff
cover. In the specification, GSA requires
its binders to contain "a minimum of
100% waste paper, including a
minimum of 30% postconsumer
recovered materials." There are no
requirements in this specification that
preclude the use of recovered materials
in the plastic covering of plastic-covered
binders. However, one manufacturer
stated that one test method cited hi the
specification, the Cold Crack test, may
prohibit the use of recovered plastic in
the covering for plastic-covered binders.
EPA is requesting information on the
ability of vendors to meet this
specification when using recovered
plastics.
According to the information
available to EPA, there are no national
or Federal specifications that preclude
the use of recovered paper in the
manufacture of chipboard binders.
E. Plastic Trash Bags '
1. Preference Program
In today's draft RMAN, EPA
recommends that, based on the
recovered materials content levels
shown in Table G-4, procuring agencies
establish minimum content standards
for plastic trash bags. EPA's
recommendation does not preclude
procuring agencies from purchasing
trash bags manufactured using another
material, such as paper. It merely
recommends that a procuring agency,
when purchasing plastic trash bags,
purchase these items made from
recovered materials.
2. Background
EPA knows of at least five
manufacturers that produce trash bags
with postconsumer recovered materials
content ranging from 30—100 percent.
The National Association of State
Purchasing Officials' Recycled Product
Database, which provides detailed
information on state purchases of
products containing recovered
materials, lists 88 different contracts for
plastic "liners" with recovered
materials content. In addition, trash
bags with recovered materials content
are available from the GSA "Supply
Catalog."
Currently, EPA has information only
about trash bags made from
postconsumer recovered plastic. EPA is
interested in obtaining information on
trash bags made from other recovered
materials and the recovered materials
content levels of those products.
3. Specifications
GSA's Commercial Item Description
(CID) for general purpose plastic bags,
A-A-2299B, covers plastic trash bags.
This CID is based on performance
requirements. According to the
information available to EPA, CID A—A—
2299B does not preclude the use of
recovered materials content in the
manufacture of plastic trash bags.
In addition, several states, including
Michigan, Nebraska, Minnesota, •
Delaware, and Wisconsin, have their
own specifications for plastic trash bags
containing recovered materials.
XL Recommendations for
Miscellaneous Products
Part H of the RMAN will contain
recommendations for designated items
that do not fall within the other product
categories. EPA is reserving this section
of the RMAN for future
recommendations. Because EPA is not
proposing to designate any items in the
miscellaneous products category in the
Comprehensive Procurement Guideline
today, EPA is not making any
recommendations in this category of the
draft RMAN today.
Dated: April 13,1994.
Carol M. Browner,
Administrator.
For the reasons set out in the
preamble, EPA recommends the
following procurement practices and
recovered materials content levels for
procuring agencies to use when
purchasing designated items pursuant to
section 6002 of the Resource
Conservation and Recovery Act of 1976.
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Federal Register / Vol. 59, No. 76 / Wednesday, April 20, 1994 / Notices
18909
Draft Recovered Materials Advisory
Notice
Contents
/. General Recommendations for Affirmative
Procurement Programs
If. Specific Recommendations for
Procurement of Designated Items
Part A—Paper and Paper Products
(Reserved)
Part B—Vehicular Products
Section B-l—Lubricating Oil.
(Reserved)
Section B-2—Retread Tires.
[Reserved]
Section B-3—Engine Coolants.
Part C—Construction Products
Section G-l—Building Insulation.
Section C-2—Structural Fiberboard and
Laminated Paperboard.
Section C-3—Plastic Pipe and Fittings.
Section C-4—Geotextiles and Related
Products.
Section C-5—Cement and Concrete.
Section C-€—Polyester Carpet
Section C-7—Floor Tiles and Patio Blocks.
Part D—Transportation Products
Section D-l—Temporary Traffic Control
Devices.
Part E—Park and Recreation Products
Section B-l—Playground Surfaces and
Running Tracks.
Part F—Landscaping Products
Section F-l—Hydraulic Mulch.
Section F-2—Yard Trimmings Compost.
Part G—Non-Paper Office Products
Section G-l—Office Recycling Containers
and Waste Receptacles.
Section G-2—Plastic Desktop Accessories.
Section G—3—Reraanufactured Toner
Cartridges.
Section G-4—Binders.
Section G-5—Plastic Trash Bags.
Part H—Miscellaneous Products
L General Recommendations for
Affirmative Procurement Programs
EPA recommends that the
Environmental Executive within each
major procuring agency take the lead in
developing the agency's affirmative
procurement program and in
implementing the recommendations set
forth in this RMAN. The basic
responsibilities of an Agency
Environmental Executive are described
in sections 302 and 402 of Executive
Order 12873. In the absence of such an
individual, EPA recommends that the
head of the implementing agency
appoint an individual who will be
responsible for ensuring the agency's
compliance with RCRA section 6002
and Executive Order 12873.
Affirmative Procurement Program:
Although RCRA section 6002 and the
Executive Order require procuring
agencies to establish affirmative
procurement programs for each EPA-
designated item, EPA recommends that
each agency develop one
comprehensive affirmative procurement
program with a structure that allows for
the integration of new items as they are
designated. EPA encourages agencies to
implement preference programs for non-
guideline items as well, in order to
maximize their purchases of recycled
products and foster markets for
recovered materials.
Preference Program: For most items,
EPA recommends that procuring
agencies establish minimum content
standards based on EPA's recovered
materials content level
recommendations and the procuring
agencies' own research. For other items,
the use of minimum content standards
is inappropriate, and procuring agencies
should establish an alternative program,
as recommended by EPA.
Promotion Program: EPA
recommends that procuring agencies
include both internal and external
promotion in their affirmative
procurement programs.
There are several methods that
procuring agencies can use to educate
their employees about their affirmative
procurement programs. These methods
include preparing and distributing
agency affirmative procurement
policies, publishing articles in agency
newsletters and publications, including
affirmative procurement program
requirements in agency staff manuals,
and conducting workshops and training
sessions to educate employees about
their responsibilities under agency
affirmative procurement programs.
Methods for educating existing
contractors and potential bidders of an
agency's preference to purchase
products containing recovered materials
include publishing articles in
appropriate trade publications,
participating in vendor shows and trade
fairs, placing statements in solicitations,
and discussing an agency's affirmative
procurement program at bidders'
conferences.
Monitoring: EPA recommends that
procuring agencies monitor their
affirmative procurement programs, in
accordance with RCRA section
6002(i)(2)(D) and Executive Order
12873, to ensure that they are fulfilling
their requirements to purchase items
composed of recovered materials to the
maximum extent practicable. EPA
anticipates that the Federal
Environmental Executive and the Office
of Federal Procurement Policy will
request information from Federal
agencies on their affirmative
procurement practices. Therefore, EPA
recommends that Federal procuring
agencies maintain adequate records of
procurements that may be affected by
the Executive Order and RCRA
requirements.
EPA recommends that procuring
agencies track their purchases of
products made with recovered materials
content to establish benchmarks from
which progress can be assessed. To
maintain adequate records on
procurement of products containing
recovered materials, EPA recommends
that procuring agencies choose to collect
data on the following:
• The percentages of recovered
materials content in the items procured
or offered;
• Comparative price information on
competitive procurements;
• The quantity of each item procured
over a fiscal year;
• The availability of each item with
recovered materials content; and
• Performance information related to
recovered materials content of an item.
Certification: Because each product
will be different, EPA recommends that
procuring agencies discuss certification
with product vendors to ascertain the
appropriate period for certifying
recovered materials content. EPA
recommends that, whenever feasible,
the recovered materials content of a
product be certified on a batch-by-batch
basis or as an average over a calendar
quarter or some other appropriate
averaging period as determined by the
procuring agencies.
II. Specific Recommendations for
Procurement of Designated Items
Part A—Paper and Paper Products
[Reserved]
Part B—Vehicular Products
Section B-l—Lubricating Oil.
[Reserved]
Section B-2—Retread Tires.
[Reserved]
Section B-3—Engine Coolants.
Preference Program: EPA
recommends that procuring agencies
whose vehicles are serviced by a motor
pool or vehicle maintenance facility
establish a program for engine coolant
reclamation and reuse, consisting either
of reclaiming the engine coolant on-site
for use in the agencies' vehicles, or
establishing service contracts for engine
coolant reclamation for,Use in the
agencies' vehicles.
Procuring agencies should note that
engine coolant can contain either
ethylehe glycol or propylene glycol.
Currently, these two types of engine
coolant must be reclaimed separately.
Therefore, in order to implement an
engine coolant reclamation program,
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Federal Register / Vol. 59, No. 76 / Wednesday, April 20, 1994 / Notices
EPA recommends that procuring
agencies purchase only one type of
engine coolant or establish procedures
to prevent commingling of engine
coolants containing ethylene glycol and
propylene glycol.
Procuring agencies also should note
that, in some instances, spent engine
coolant can exhibit the toxicity
characteristic of hazardous waste by
failing EPA's Toxicity Characteristic
Leaching Procedure (TCLP). If a
procuring agency determines that its
spent engine coolant is a hazardous
waste, it must manage the engine
coolant in accordance with applicable
Federal or state hazardous waste
management requirements, including
the generator requirements found in 40
CFR part 262 and the requirements for
recyclable materials found in 40 CFR
261.6 (or the state equivalents). Because
state hazardous waste regulations
generally apply in lieu of the Federal
regulations, procuring agencies should
contact their state environmental agency
(or, if the state is not authorized, the
appropriate EPA Regional Office) for
specific information regarding the
applicable requirements.
Part C—Construction Products
Note: Refer to Part F—Landscaping
Products for additional items that can be
used in construction.
Section C-l—Building Insulation.
Preference Program: EPA
recommends that, based on the
recovered materials content levels
shown in Table C—1, procuring agencies
establish minimum content standards
for use in purchasing rock wool and
fiberglass insulation products.
TABLE C-1 .—RECOMMENDED RECOV-
ERED MATERIALS CONTENT LEVELS
FOR ROCK WOOL AND FIBERGLASS
INSULATION
Insulation material
Rock wool
Fiberglass
Recovered materials
(materials and
percentage)
Slag.
75
Glass cullet.
20-25
Note: The recommended lecovered mate-
rials content levels are based on the weight
(not volume) of materials in the insulating core
only.
Specifications: EPA recommends that
procuring agencies reference ASTM
standard specification D 5359, "Glass
Cullet Recovered from Waste for Use in
Manufacture of Glass Fiber," in
Invitations for Bid and Requests for
Proposal.
Section C-2—Structural Fiberboard and
Laminated Paperboard.
Preference Program: EPA
recommends that, based on the
recovered materials content levels
shown in Table C-2, procuring agencies
establish minimum content standards
for use hi purchasing structural
fiberboard or laminated paperboard
products for use in either insulating or
structural applications.
TABLE C-2.—RECOMMENDED RECOV-
ERED MATERIALS CONTENT LEVELS
FOR STRUCTURAL FIBERBOARD AND
LAMINATED PAPERBOARD
TABLE C-3.—RECOMMENDED RECOV-
ERED MATERIALS CONTENT LEVELS
FOR PLASTIC PIPE AND FITTINGS
Product
Structural
fiberboards .
Laminated pa-
perboards ...
Postconsumer
recovered
paper (per-
cent)
20
100
Total recov-
ered mate-
rials content
(percent)
60-100
100
Note: The recovered materials content lev-
els are based on the weight (not volume) of
materials in the insulating core only.
Specifications: EPA recommends that
procuring agencies use ASTM Standard
Specification C 208 and ANSI/AHA
specification A194.1. EPA further
recommends that, when purchasing
structural fiberboard products,
procuring agencies: (1) Reference the
technical requirements of ASTM C 208,
"Insulating Board (Cellulosic Fiber),
Structural and Decorative," (2) permit
structural fiberboard products made
from postconsumer and over-issue
paper, and (3) permit products such as
floor underlayment and roof overlay
containing recovered paper.
EPA further recommends that
procuring agencies review their
specifications for insulating products
and revise them as necessary to obtain
the appropriate "R"-yalue without
unnecessarily precluding the purchase
of products containing recovered
materials.
Section C—3—Plastic Pipe and Fittings.
Preference Program: EPA
recommends that, based on the
recovered materials content levels
shown in Table C—3, procuring agencies
establish minimum content standards
for use in purchasing non-pressure
plastic pipe and fittings for drainage;
sewer; drain, waste, and vent (DWV);
and conduit applications.
Non-pres-
sure appli-
cation (in-
cludes pipe
and fittings)
Drainage ...
Sewer
Drain,
Waste
and Vent
(DWV) ...
Conduit
Recovered
materials (per-
cent)
40-100
40-100
40-100
Postconsumer
recovered ma-
terials (per-
cent)
40-100
Specifications: EPA recommends that
procuring agencies evaluate the
applicable ASTM standards and
specifications which pertain to pipe
applications to determine whether those
standards and specifications prohibit
the use of recovered resins. If so, EPA
encourages procuring agencies to
purchase pipe that is certified to meet
the applicable ASTM performance
requirements, in lieu of pipe that is
"ASTM approved."
EPA recommends that procuring
agencies review their own construction
specifications and revise them as
appropriate to reference only the
technical provisions of the applicable
ASTM standards so as not to preclude
pipe containing recovered materials.
Section C—4—Geotextiles and Related
Products.
Preference Program: EPA
recommends that, based on the
recovered materials content levels
shown in Table C-4, procuring agencies
establish minimum content standards
for use in purchasing geotextiles.
TABLE C-4.—RECOMMENDED RECOV-
ERED MATERIALS CONTENT LEVELS
FOR GEOTEXTILES AND RELATED
PRODUCTS
Product
Geotextiles
Resin
PP
PET
Postconsumer
recovered ma-
terials (per-
cent)
20-100
50-100
Note: The geotextile layer of a
geocomposite should comply with the applica-
ble standard set forth in this table.
Section C—5—Cement and Concrete.
Preference Program: EPA
recommends that procuring agencies
revise their procurement programs for
cement and concrete or for construction
projects involving cement and concrete
to allow use of ground granulated blast
furnace (GGBF) slag, as appropriate.
EPA recommends that procuring
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Federal Register / Vol. 59, No. 76 / Wednesday, April 20, 1994 / Notices
18911
agencies specifically include provisions
In all construction contracts to allow for
the use, as optional or alternate
materials, of cement or concrete which
contains GGBF slag, where appropriate.
Due to variations in GGBF slag,
cement strength requirements, costs,
and construction practices, EPA is not
recommending recovered materials
content levels for cement or concrete
containing GGBF slag. However, EPA is
providing the following information
about recovered materials content.
• According to ASTM C 595, GGBF
slag may replace up to 70 percent of the
Portland cement in some concrete
mixtures. Most GGBF slag concrete
mixtures contain between 25 and 50
percent GGBF slag by weight. EPA
recommends that procuring agencies
refer to ASTM C 595 for the GGBF slag
content appropriate for the intended use
of the cement and concrete.
Specifications: The following
recommendations address guide
specifications, materials specifications,
contract specifications, and performance
standards.
• Guide specifications. EPA
recommends that procuring agencies
assure that their guide specifications do
not unfairly discriminate against the use
of GGBF slag in cement and concrete.
EPA further recommends that procuring
agencies revise their guide
specifications to require that contract
specifications for individual
construction projects or products allow
for the use of GGBF slag, unless the use
of these materials is technically
inappropriate for a particular
construction application.
• Materials specifications. EPA
recommends that procuring agencies
use the existing voluntary consensus
specifications referenced in Table C-5
for cement and concrete containing
GGBF slag.
TABLE C-5.—RECOMMENDED SPECI-
FICATIONS FOR CEMENT AND CON-
CRETE CONTAINING RECOVERED MA-
TERIALS
Cement specifications
ASTM C 595, Stand-
ard Specification for
Blended Hydraulic
Cements.
AASHTO M 240,
Blended Hydraulic
Cements.
Concrete specifica-
tions
ASTM C 989, Ground
Granulated Blast-
Furnace Slag for
Use in Concrete
Mortars.
AASHTO M 302,
Ground Granulated
Blast Furnace Slag
for Use in Concrete
and Mortars.
American Concrete
Institute Standard
Practice ACI
226.R1, Ground
Granulated Blast-
Furnace Slag as a
Cementitious Con-
stituent in Con-
crete.
• State specifications. The States of
Maryland, West Virginia, Pennsylvania,
Virginia, Georgia, South Carolina, and
Florida have adopted specifications
which allow use of GGBF slag. If
needed, procuring agencies can obtain
these specifications from the respective
state transportation departments and
adapt them for use in their programs, as
appropriate.
• Contract specifications. EPA
recommends that procuring agencies
which prepare or review "contract"
specifications for individual
construction projects revise those
specifications to allow the use of cement
and concrete containing GGBF slag as
optional or alternate materials for the
project, where appropriate.
• Performance standards. EPA
recommends that procuring agencies
review and, if necessary, revise
performance standards relating to
cement or concrete construction projects
to insure that they do not arbitrarily
restrict the use of GGBF slag, either
intentionally or inadvertently, unless
the restriction is justified on a job-by-job
basis: (1) To meet reasonable
performance requirements for the
cement or concrete or (2) because the
use of GGBF slag would be
inappropriate for technical reasons. EPA
recommends that this justification be
documented based on specific technical
performance information. Legitimate
documentation of technical infeasibility
for GGBF slag can be for certain classes
of applications, rather than on a job-by-
job basis. Agencies should reference
such documentation in individual
contract specifications, to avoid
extensive repetition of previously
documented points. However, procuring
agencies should be prepared to submit
such documentation to scrutiny by
interested persons, and should have a
review process available in the event of
disagreements.
Section C-6—Polyester Carpet.
Preference Program: EPA
recommends that, based on the
recovered materials content levels
shown in Table C-6, procuring agencies
establish minimum content standards
for use in purchasing polyester carpet
for low and medium wear applications.
TABLE C-6.—RECOMMENDED RECOV-
ERED MATERIALS CONTENT LEVELS
FOR POLYESTER CARPET
Product
Polyester carpet
fiber.
Resin
PET
Postconsumer
materials
(percent)
100
Specifications: EPA recommends that
Federal procuring agencies use GSA's
New Item Introductory Schedule when
purchasing polyester carpet containing
recovered materials. EPA also ,
recommends that procuring agencies
review their specifications and revise
them to permit, where suitable, the use
of polyester carpet containing recovered
materials. In particular, EPA
recommends that agencies currently
limiting carpet materials to nylon and/
or wool consider adding polyester
carpet, where appropriate, to enable
them to procure carpet containing
recovered materials.
Section C-7—Floor Tiles and Patio
Blocks.
Preference Program: EPA
recommends that, based on the
recovered materials content levels
shown in Table C-7, procuring agencies
establish minimum content standards
for use in purchasing floor tiles and
patio blocks made with rubber or
plastic.
TABLE C-7.—RECOMMENDED RECOVERED MATERIALS LEVELS FOR FLOOR TILES AND PATIO BLOCKS
Product
patin blocks
Material
Rubber or rubber blends
Plastic or olastic blends
Postconsumer
materials
(percent)
90-100
Total recovered
materials
(percent)
90-100
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18912
Federal Register / Vol. 59, No. 76 / Wednesday, April 20, 1994 / Notices
TABLE C-7.—RECOMMENDED RECOVERED MATERIALS LEVELS FOR FLOOR TILES AND PATIO BLOCKS—Continued
Product
Floor tiles
Material
Rubber
Plastic
Postconsumer
materials
(percent)
90-100
Total recovered
materials
(percent)
90-100
Note: The recommended recovered materials content levels are based on the dry weight of the raw materials, exclusive of any additives such
as adhesives, binders, or coloring agents. EPA's recommendation does not preclude procuring agencies from purchasing floor tiles or patio
blocks manufactured from another material. It simply recommends that procuring agencies, when purchasing floor tiles or patio blocks made from
rubber or plastic, purchase these items made from recovered materials.
Part D—Transportation Products
Section D-1—Temporary Traffic Control
Devices.
Preference Program: EPA
recommends that, based on the
recovered materials content levels
shown in Table D-1, procuring agencies
establish minimum content standards
for use in traffic cones and traffic
barricades.
TABLE D-1.—RECOMMENDED RECOVERED MATERIALS CONTENT LEVELS FOR TRAFFIC CONES AND TRAFFIC BARRICADES
Product
Traffic Cones
Traffic Barricades
(Tvoe I & II onlv)
Material
PVC, LDPE, Crumb Rub-
ber
HOPE, LDPE, PET
Fiberglass
Postconsumer
materials
(percent)
80-100
Total recov-
ered mate-
rials
(percent)
50-100
100
100
Note: The recommended recovered materials content levels are based on the dry weight of the raw materials, exclusive of any additives such
as adhesives, binders, or coloring agents.
Part E—Park and Recreation Products
Section E—l^Playground Surfaces and
Running Tracks.
Preference Program: EPA
recommends that, based on the
recovered materials content levels
shown in Table E—1, procuring agencies
establish minimum content standards
for use in purchasing playground
surfaces and running tracks made of
rubber or plastic.
TABLE E-1 .—RECOMMENDED RECOVERED MATERIALS CONTENT LEVELS FOR PLAYGROUND SURFACES AND RUNNING
TRACKS
Product
Running tracks
Material
Rubber or plastic
Rubber or plastic
Postconsumer
recovered
materials
(percent)
90-100
90-100
Note: EPA's recommendation does not preclude procuring agencies from purchasing playground surfaces or running tracks manufactured from
another material. It simply recommends that procuring agencies, when purchasing playground surfaces or running tracks made from rubber or
plastic, purchase these items made from recovered materials.
Part F—Landscaping Products
Section F-l—Hydraulic Mulch.
Preference Program: EPA
recommends that, based on the
recovered materials content levels
shown in Table F-l, procuring agencies
establish minimum content standards
for paper-based and wood-based
hydraulic mulch products.
TABLE F-1.—RECOMMENDED RECOV-
ERED MATERIALS CONTENT LEVELS
FOR HYDRAULIC MULCH PRODUCTS
Hydraulic mulch prod-
ucts
Paper-Based Hydrau-
lic Mulch.
Wood-Based Hydrau-
lic Mulch.
Recovered materials
(materials and per-
cent)
Postconsumer recov-
ered paper.
100
Recovered wood and/
or paper.
100
Note: The recommended recovered mate-
rials content levels are based on the dry
weight of the fiber, exclusive of any dyes, wet-
ting agents, seeds, fertilizer, or other non-cel-
lulose additives.
Section F—2—Yard Trimmings Compost.
Preference Program: EPA
recommends that procuring agencies
purchase or use compost made from
yard trimmings, leaves, and/or grass
clippings in such applications as
landscaping, seeding of grass or other
plants on roadsides and embankments,
as nutritious mulch under trees and
shrubs, and in erosion control and soil
reclamation.
EPA further recommends that those
procuring agencies that have an
adequate volume of yard trimmings,
leaves, and/or grass clippings, as well as
sufficient space for composting, should
implement a composting system to
produce a mature, high-quality compost
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18913
from these materials for use in
landscaping and other applications.
Specifications: EPA recommends that
procuring agencies ensure that there is
no language in their specifications for
fertilizers and soil amendments that
would preclude or discourage the use of
compost. For instance, if specifications
address the use of straw or hay in
roadside revegetation projects,
procuring agencies should assess
whether compost could substitute for
•straw or hay or be used in combination
with them.
The State of Maine has developed
quality standards for compost products
that would be used by its agencies or
purchased with state funds. The quality
standards have been set for six types of
compost products, ranging from topsoil
(three classes), to wetland substrate, to
mulch (two classes). For each of these
types of compost product, standards for
maturity, odor, texture, nutrients, pH,
salt content, organic content, pathogen
reduction, heavy metals, foreign matter,
moisture content, and density have been
established. EPA recommends that
procuring agencies obtain and adapt this
or another suitable specification for
their use in purchasing compost
products.
Part G—Non-Paper Office Products
Section G-l—Office Recycling
Containers and Office Waste
Receptacles.
Preference Program: EPA
recommends that, based on the
recovered materials content levels
shown in Table G-l, procuring agencies
establish minimum content standards
for use in purchasing office recycling
containers and office waste receptacles.
TABLE G-1.—RECOMMENDED RECOV-
ERED MATERIALS CONTENT LEVELS
FOR OFFICE RECYCLING CONTAIN-
ERS AND OFFICE WASTE RECEP-
TACLES
Product
Office Recycling
Containers and
Office Waste
Receptacles.
Postconsumer recovered
materials (materials and
percent)
Plastic.
20-100.
Paper.
Refer to Paperboard Rec-
ommendations in 40
CFR Part 250.
Steel.
TABLE G-1.—RECOMMENDED RECOV-
ERED MATERIALS CONTENT LEVELS
FOR OFFICE RECYCLING CONTAIN-
ERS AND OFFICE WASTE RECEP-
TACLES—Continued
Product
Postconsumer recovered
materials (materials and
percent)
Highest Amount Prac-
ticable.
Note: EPA's recommendation for office recy-
cling containers and office waste receptacles
containing recovered plastic does not preclude
procuring agencies from purchasing containers
or receptacles manufactured using another
material, such as wood. It simply recommends
that procuring agencies, when purchasing of-
fice recycling containers or office waste recep-
tacles manufactured from plastic or paper,
seek such containers made with recovered
materials. When purchasing these containers
made with steel, procuring agencies should
seek the highest level of postconsumer recov-
ered materials practicable.
Section G-2—Plastic Desktop
Accessories
Preference Program: EPA
recommends that, based on the
recovered materials content levels
shown in Table G-2, procuring agencies
establish minimum content standards
for use in purchasing plastic desktop
accessories.
TABLE G-2.—RECOMMENDED RECOV-
ERED MATERIALS CONTENT LEVELS
FOR PLASTIC DESKTOP ACCES-
SORIES
not practicable, obtain remanufactured
toner cartridges from product vendors.
Section G-4—Binders.
Preference Program: EPA
recommends that, based on the
recovered materials content levels
shown in Table G-3, procuring agencies
establish minimum content standards
for use in purchasing binders.
Table G-3.—RECOMMENDED RECOV-
ERED MATERIALS CONTENT LEVELS
FOR BINDERS
Product
Plastic Desktop
Accessories.
Postconsumer recovered
materials (material and
percent)
Polystyrene.
25-80
Product
Recovered materials
(materials and per-
cent)
Plastic-Covered Bind-
ers (Plastic Cover-
ing).
Chipboard Binders ....
Plastic
50-60
Paper
Refer to 40 CFR Part
250.
Note: The chipboard or paperboard compo-
nent of a plastic-covered binder or a binder
covered with another material, such as cloth,
is covered under EPA's procurement guideline
for paper and paper products (40 CFR Part
250). EPA's recommendation for plastic-cov-
ered and chipboard binders does not preclude
procuring agencies from purchasing a binder
covered with or manufactured using another
material, such as cloth. It simply recommends
that procuring agencies, when purchasing
chipboard or plastio^cpvered binders, purchase
these binders containing recovered materials.
Note: EPA's recommendation does not pre-
clude procuring agencies from purchasing a
desktop accessory manufactured from another
material, such as paper, wood, or steel. It sim-
ply recommends that, when purchasing plastic
desktop accessories, procuring agencies pur-
chase these items made from recovered mate-
rials.
Section G—3—Remanufactured Toner
Cartridges.
Preference Program: EPA
recommends that procuring agencies
establish procedures and policies that
give priority to remanufacturing the
agencies' expended toner cartridges.
EPA recommends that, under such
policies and procedures, procuring
agencies procure remanufacturing
services for expended cartridges and,
when such services are unavailable or
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Federal Register / Vol. 59, No. 76 / Wednesday, April 20, 1994 / Notices
Specifications: GSA's specification for
binders, A-A-2549A, covers four types
of binders, including cloth bound,
flexible cover; cloth bound, stiff cover;
plastic bound, flexible cover; and plastic
bound, stiff cover. In the specification,
GSA requires its binders to contain "a
minimum of 100% waste paper,
including a minimum of 30%
postconsumer recovered materials."
Section G-5—Plastic Trash Bags.
Preference Program: EPA
recommends that, based on the content
levels shown in Table G-4, procuring
agencies establish minimum content
standards for use in purchasing plastic
trash bags.
TABLE G-4.—RECOMMENDED RECOV- Part H—Miscellaneous Products
ERED MATERIALS CONTENT LEVELS
FOR PLASTIC TRASH BAGS
Product
Plastic Trash
Bags.
Postconsumer recovered
materials
(material and percent)
Plastic.
30-100
Note: EPA's recommendation does not pre-
clude procuring agencies from purchasing a
trash bag manufactured using another mate-
rial,, such as paper. It merely recommends that
procuring agencies, when purchasing plastic
trash bags, purchase these items made from
recovered materials.
[Reserved]
[FR Doc. 94-9418 Filed 4-19-94; 8:45 am]
BILLING CODE 65SO-50-P
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