£PA
r  §  i
           Thursday
           November 7, 1996
           Part HE



           Environmental

           Protection  Agency

           40 CFR Part 247
           Comprehensive Guideline for
           Procurement of Products Containing.
           Recovered Materials; Proposed Rule and
           Notice

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57748      Federal Register / Vol. 61, No.  217 / Thursday, November 7, 1996 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY

40 CFR Part 247
[SWH-FRL-5628-4]
RIN 2050-AE23

Comprehensive Guideline for
Procurement of Products Containing
Recovered Materials
AGENCY: Environmental Protection
Agency (EPA). "
ACTION: Proposed rule.  .

SUMMARY: The Environmental Protection
Agency today is proposing an
amendment to the May 1,1995
Comprehensive Procurement Guideline
(CPG). EPA is designating 13 new items
that are or can be made with recovered
materials*. These items include shower
and restroom dividers; latex paint;
parking stops; channelizers; delineators;
flexible delineators; snow fencing;
garden and soaker hoses; lawn and
garden edging; printer ribbons; ink jet
cartridges; plastic envelopes; and
pallets. In addition, this action clarifies
EPA's previous designation of floor
tiles, structural fiberboard, and
laminated paperboard as items that can
be made with recovered materials.
  The CPG implements a section of the
Resource Conservation and Recovery
Act (RCRA). This section 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. Once EPA
designates an item, RCRA requires any
procuring agency using appropriated
Federal funds to procure that item to
purchase it with the highest percentage
of recovered materials practicable.
Today's proposed action will foster
markets for materials recovered from
solid waste by using government
purchasing power to stimulate the use
of these materials in the manufacture of
new products.
  Today's proposed amendment also
includes the procurement limitations set
forth, in RCRA on competition, price,
availability, and performance. These
limitations describe the circumstances
in which procurement of designated
items is not required! They were
inadvertently omitted from the May 1,
1995 "CPG.
DATES: EPA will accept public
comments on this proposed rule until'
February 5,1997.
ADDRESSES: To comment on this
proposal, please send an original and
two copies of comments to: RCRA
Information Center (5305W), U.S.
Environmental Protection Agency, 401
M Sbeet, SW., Washington, DC 20460.
Please place the docket number F—96—
CP2P-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 (5305W),
Office of Solid Waste, U.S.
Environmental Protection Agency, 401
M Street, SW., Washington, DC 20460.
  Documents related to today's proposal
are available for viewing at the RCRA
Information Center (SIC), located at:
U.S. Environmental Protection Agency,
1235 Jefferson Davis Highway, Ground
Floor, Crystal Gateway One, Arlington,
VA 22202. The RIG 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 (703) 603-9230
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, D.C. area at (703) 412-
9810. For technical information on •
individual item designations', contact.
the following EPA staff: Construction,
landscaping, transportation, and park
and recreation products'Terry Grist,
(703)  308—7257; Non-paper office  .
products—Janice Johnson, (703) 308-
7280; Vehicular and miscellaneous
products—Sue Nogas, (703) 308-7251;
Paper and paper products—Dana
Arnold, (703) 308-7279. For all other.
technical information, contact Terry .
Grist at (703) 308-7257.

SUPPLEMENTARY INFORMATION:
Regulated Entities
  This action may potentially affect
those procuring agencies that purchase.
the following: shower and restroom
dividers, latex paint, floor tiles,   •  .
structural fiberboard, laminated
paperboard, parking stops, temporary
traffic control devices, snow fencing,
garden and soaker hose, lawn and
garden edging, printer ribbons, ink jet
cartridges, plastic envelopes, or pallets.
For purposes of RCRA section 6002,
procuring agencies include the
following: (1) Any Federal agency; (2)
any State or local agencies using
appropriated Federal funds for a
procurement; or (3) any contractors with
these agencies (with respect to work
performed under the contract). The
requirements of section 6002 apply to
such procuring agencies only when
procuring designated items where the
price  of the item exceeds $10,000 or the
quantity of the item purchased in the
previous year exceeded $10,000.
Potential regulated entities for this rule
are shown in Table 1.

TABLE   1 .—ENTITIES    POTENTIALLY
  SUBJECT  TO SECTION 6002  RE-
  QUIREMENTS TRIGGERED BY CPG
  AMENDMENTS
   Category
Federal Gov-
  ernment.
State Govern-
  ment
Local Govern-
  ment
Contractor
   Examples o\ regulated
        • entities
Federal departments or
  agencies that procure
  $10,000 or more worth of
•  a designated item in a
  given year.
A State agency that uses ap-
  propriated Federal funds to
  procure $10,000 or more
  worth of a designated item
  in a given year.
A local agency that uses ap-
  propriated Federal funds to
  procure-$10,000 or more
•  worth of a designated item
  in a given year.
A contractor working on a
  project funded by appro-
  priated Federal funds that
  purchases $10,000 or
  more worth, of a des-
  ignated'item in a given
  year.
  This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. This table lists
the types of entities of which EPA is
now aware that could potentially be
subject to regulatory requirements
triggered by this action. To determine
whether your procurement practices are
affected by this action, you should
carefully examine the applicability
criteria in 40 CFR 247.2; If you have
questions regarding the applicability of
mis action to a particular entity, consult
the person listed in the preceding FOR
FURTHER INFORMATION CONTACT section.

Preamble Outline  .

I. Authority
0. Background
  A. Criteria for Selecting Items for
   Designation
  B. Request for Comments
  C. Additional Information
III. Procurement Limitations of RCRA Section
   6002                        .
IV. Clarification of Floor Tiles, Structural
   Fiberboard and Laminated Paperboard
   Designations
  A. Floor Tiles
  B. Structural Fiberboard and Laminated
   Paperboard
V. Definitions
VI. Construction Products
  A. Shower and Restroom Dividers
  1. Background
  2. Rationale for Designation

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             Federal Register / Vol. 61. No. 217 / Thursday,  November 7,  1996 / Proposed  Rules      57749
  B. Latex Paint
  1. Background :
  2. Rationale for Designation
 VII. Transportation Products
  A. Parking Stops
  1. Background
  2. Rationale for Designation
  B. Temporary Traffic Control Devices
  1. Background
  2. Rationale for Designation
 VHI. Park and Recreation Products
  A. Snow Fencing        	
  1. Background
  2. Rationale for Designation  .
 IX. Landscaping Products
  A. Garden and Soaker Hoses
  1. Background
  2. Rationale for Designation
  B. Lawn and Garden Edging
  1. Background
  2. Rationale for Designation
 X. Non-Paper Office Products'
  A. Printer Ribbons    .   .
  1. Background  v  .
  2. Rationale for Designation -
  B. Ink Jet Cartridges
  1. Background
  2. Rationale for Designation
  C. Plastic Envelopes       ,
  1. Background :
  2. Rationale for Designation'
 XI. Miscellaneous Products
  A. Pallets
  1. Background
  2. Rationale for Designation :
 Xn. Designated Item Availability
 Xin. Economic Impact Analysis
  A. Requirements of E.0.12866.
   1. Summary of Costs
   2. ProductCost         .
   3.' Summary of Benefits
  B. Unfunded Mandates Reform Act of-1995
    ' and Consultation with State, Local, and
     tribal Governments   	
   C. Impacted Entities
   D. Regulatory Flexibility Act and Small
     Business Regulatory Enforcement
     Fairness Act
 XTV. Supporting Information and Accessing
     Internet

 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, Federal
' Acquisition, Recycling, and Waste
 Prevention" (58 FR 54911, October 22,
 1993).

 II. Background

  •  Section 6002(e) of the Resource
 Conservation and Recovery Act of 1976
  (RCRA or'the Act) requires EPA to
 designate items that are or can be made
 with recovered materials and to
 recommend practices to assist procuring
  agencies in meeting their obligations
  with respect to designated items under
  RCRA section 6002. After EPA
  designates an item, RCRA requires that
each procuring agency, when
purchasing a designated item, must
purchase that item composed of the
highest percentage of recovered
materials practicable.
  Executive Order .12873 (Executive
Order) establishes the procedure for
EPA to follow in implementing RGRA
section 6002(e). Section 502 of the
Executive Order directs EPA to issue a
Comprehensive Procurement Guideline
(CPG) that designates items that are or
can be made with recovered materials.
Concurrent with the CPG, EPA must
publish its recommended procurement
practices for purchasing designated
items,  including recovered materials
content levels, in a related Recovered
Materials Advisory Notice (RMAN). The
Executive Order also directs EPA to •
update the CPG annually and to issue
RMANs periodically to reflect changing
market conditions? The CPG was
published on May 1,1995 (60 FR
21370). It established eight product
'categories, designated 19 new items,
and consolidated five earlier item
designations.
  . Today, EPA is clarifying the previous
designations for floor tiles, structural
fiberboard, .and laminated paperboard, •
and is also proposing to designate 13
additional items. The items proposed
for designation are listed below under
their associated product category.
Construction Products ^
  Floor tiles (clarification)
  Structural Fiberboard and Laminated
    Paperboard (clarification)
-  Shower and restroom dividers
  Latex paint-      .
Transportation Products
  Parking stops
  Channelizers
  Delineators
  Flexible delineators     •
Park and Recreation Products
  Snow fencing  •  •
Landscaping Products.           •  *  •
  .Garden and soaker hoses
  Lawn and garden edging •
Non-Paper Office Products
  Printer ribbons
  Ink jet cartridges           .  '
  Plastic envelopes    •
Miscellaneous
  Pallets                .

 A. Criteria for Selecting Items for
 Designation ••
   While not limiting consideration to
 these criteria, RCRA section 6002(e)
 requires EPA to consider the following
 when determining which items it will
 designate:         •
   (1) 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 these discussions, the Agency
 concluded that the limitations set forth
 in RCRA section 6002(c) should also be
 factored into its selection decisions.
 This provision 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. A
 procuring agency, however, may decide
 not to procure an EPA-designated item
 containing recovered materials if it
 determines: (1) The item is not
 reasonably available within a reasonable
 period of time; (2) tie 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 criteria
 limit the conditions under which'
 procuring agencies must purchase EPA-
 designated items with recovered
 materials content, and, thereby, could
 limit the potential impact of an
 individual item designation. (The
 limitations of section 6002(c) also
 effectively describe the circumstances in
 which a designated item is "available"
 for purposes of the statute.) For these
 reasons, EPA is also taking into account •
 the limitations cited in RCRA section
 6002(c) in its selection of items for
 designation in today's proposed CPG.
 Thus, the Agency developed the
 following criteria for use in 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. These criteria are
 discussed in detail in Section n of the
 document entitled, "Comprehensive
 Procurement Guideline (CPG) n—
 Supporting Analyses." A copy of this
 document is included in the RCRA
 public docket for this rule.
   EPA has adopted two approaches in
 its designation of items that are made
 with recovered materials. For some
. items, such as floor tiles, the Agency
 designated broad categories of items and
 provided information in the RMAN as to
 their appropriate applications or uses".
• For other items, such as plastic trash
 bags, EPA designated specific items,
 and, in some instances, included in the
 designation the specific types of
 recovered materials or applications to
 which the designation applies. The

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57750      Federal Register / Vol. 61, No. 217 / Thursday, November 7, 1996 /  Proposed Rules
Agency explained these approaches to
designating items in the preamble to the
CPG {60 FR 21373, May 1,1995).  .
  EPA sometimes bad information on the
availability of a particular item made with a
specific recovered material (e.g., plastic), but
no information on the availability of the item
made from a different recovered material or
any indication that it is possible to make the
item with a different recovered material. In
these instances, EPA concluded that it was
appropriate to include the specific material
in the item designation in order to provide
vital information to procuring agencies as
they seek to fulfill their obligations to
purchase designated items composed of the
highest percentage of recovered materials
practicable.  This information enables the
agencies to focus their efforts on products
that are currently available for purchase,
reducing their administrative burden. EPA
also included information in the proposed
CPG, as well as in the draft RMAN that
accompanied the proposed CPG, that advised
procuring agencies that EPA is not
recommending the purchase of an item made
from one particular material over a similar •
item made from, another material. For
example, EPA included the following
statement in the preamble discussion for
plastic desktop accessories (59 FR 18879,
April 20.1994): 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. * * *"
  The Agency understands that some
procuring agencies may believe that the
designation of a broad category of items
in the CPG requires them (1) to procure
all items included in such category with
'recovered materials content and (2) to
establish an affirmative procurement •'
program for the entire category of items,.
even where specific items within the
category may not meet current
performance standards. This is clearly
not required under RCRA as .'
implemented through the CPG, and the
RMAN. RCRA section 6002 does not
require a procuring agency to purchase
items with recovered materials content
that are not available or that do not meet
a procuring agency's specifications or
reasonable performance standards for
the contemplated use. Further, section
 6002 does not require a procuring
 agency to purchase-such items if the
 item with  recovered materials content is
 only available at an unreasonable price
 or the purchase of such item is
 inconsistent with maintaining a
 reasonable level of competition.
 However, EPA stresses that, when
 procuring any product for which a
 recovered materials alternative is
 available that meets the procuring
 agency's performance needs, if all other
 factors are equal, the procuring agency
 should seek to purchase the product •
 made with highest percentage of
 recovered materials practicable.
   The items proposed for designation
 today have all been evaluated with
 respect to the EPA's criteria. Details of
 these evaluations are discussed in
 Sections VI-XI of the "Supporting
 Analyses" background document.
 Sections VI-XI of this action provide a
 summary of EPA's rationale for
 designating these items.
 B. Request for Comments
   EPA requests'comments and
 information throughout this preamble.
 In general, the Agency is requesting
 comments on: (1) The items selected for
 designation and (2) the accuracy of the
 information presented in the
, discussions of the basis of the item
 designations. Requests for specific
 comments and information are included
 in the narrative discussions for each of
 the designated items, which follow in
 sections VI through XL
   EPA also is requesting comment on
 the draft RMAN. The RMAN can be
 found in the notice section of today's
 Federal Register. It recommends
 recovered materials content levels and.
 procurement methods for each of the :
 items EPA proposes to designate today.

 C. Additional Information
   For additional background
 , information, including information on .
 RCRA requirements, Executive Order
 directives, the criteria and methodology
 for selecting the proposed designated
 items, and a list of other items •
 considered for designation, please
 consult "Comprehensive Procurement
 Guideline (CPG) II—Supporting
 Analyses." Information on obtaining
 this background document is provided
 in the section "XIV, Supporting
 Information and Internet Access.

 m. Procurement Limitations of RCRA
 Section 6002
   In the May 1,1995 CPG, the Agency
 amended 40 CFR 247.2 to include the
 RCRA provisions on the applicability of
 the guidelines to procuring agencies.
 (See 60 FR 21381.) In that amendment,
 EPA inadvertently failed to include the
 statutory limitations set forth in section
 6002(c)(l) (A) through  (C). These
 provisions authorize a procuring agency
 to decide not to purchase EPA
 designated items with recovered
 materials 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 reasonable
performance standards set forth in the
agency's specification; and
  4. The item is available only at an
unreasonable price.
  Today, in § 247.2(d), EPA is proposing
to add the procurement limitations set
forth in RCRA Section 6002(c)(l) (A)
through (C) which were inadvertently
omitted in the May 1,1995 CPG.
IV. Clarification of Floor Tiles,
Structural Fiberboard and Laminated
Paperboard Designations
  In the May 1,1995 CPG, EPA
designated floor tiles, structural  ,
fiberboard, and laminated paperboard
and, in the RMAN, provided
recommendations, including recovered
materials content  levels for these items.
Since that publication, EPA has learned
that there may be  some confusion on the
part of procuring agencies as to their
obligation to purchase these items for
specific applications. In fact, the Agency
received inquiries regarding the
requirements to purchase floor tile and
structural fiberboard for use as
acoustical ceiling tile. Based on these
inquiries, the Agency concluded that it
should clarify the obligations of
procuring .agencies with respect to these
items. The Agency soon will publish an
action further clarifying these issues.  .

A. Floor Tiles
  In the CPG, EPA designated 19 items.
that are, or can be, produced with
recovered materials content, including
floor tiles and patio blocks containing
recovered rubber or plastic -(40 CFR
247.12(e)). The Agency designated these
items as broad categories of items,
encompassing many different
applications. In the RMAN, however,
the Agency recommended that
procuring agencies purchase floor tiles
with specified minimum recovered
rubber or plastic content for "heavy
duty/commercial type" applications
only. EPA limited the'recommehded •
applications-to  heavy-duty/commercial-
type uses because, at the time the CPG
was issued, the Agency was not aware
of any manufacturers that made floor
tile with recovered'materials for
standard office flooring. However, at
least two manufacturers were reportedly
considering using recovered materials in
standard office flooring and one
manufacturer indicated that these
products would be available in 1995,
the yearthe CPG was issued. This
information suggested to the Agency
that floor tiles could be made with
recovered materials for standard office
flooring. Therefore, the Agency elected
to broadly designate floor tiles and limit'
its initial recommendations to heavy-

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            Federal Register / Vol.  61,  No. 217  / Thursday, November 7, 1996 / Proposed Rules      57751
duty/commercial type uses. The Agency
has no information that standard office
floor tiles are currently commercially
available containing recovered  ;
materials.     •
  In the original CPG and RMAN, EPA
used the term "heavy-duty, commercial-
type uses" because there were no
published industry-wide definitions to
describe the applications to which the
recovered materials requirements of the.
CPG should be applied. In the
supporting analysis for the KMAN, EPA
explained what it meant by "heavy-
duty, commercial-type applications."
There, the Agency described, in general
terms, a number of commercial and
industrial settings where the use of such.
tiles with recovered materials content
would be appropriate. These would
include entranceways in airports and
stores, furniture showrooms, skating
rinks and fitness centers. EPA has  .
learned that this discussion may have
caused some confusion. Some procuring
agencies may have confused EPA's
description of the areas where, given
special circumstances, such tiles might
be appropriate, with an EPA
recommendation that such tile should
always be used in such settings. This ..
was not the Agency's intention.
Therefore, the Agency is today
clarifying its recommendation that the
use of these tiles would be appropriate
for specialty purpose uses at such
locations (e.g., raised, open-web tiles for
drainage on school kitchen flooring).
Such specialty purpose uses involve
limited flooring areas where grease, tar,
snow, ice, wetness or similar substances
or conditions are likely to be present
Thus; EPA is not, at this time,
recommending floor tile made with
recovered materials for standard office
or more general purpose uses.
B. Structural/ Fiberboard and Laminated
Paperboard
   m the CPG, EPA designated structural
 fiberboard and laminated paperboard
 products for applications other than
 building insulation (40 CFR 247.12(b)).
 EPA further included acoustical and
 non-acoustical ceiling tiles and lay-in-
 panels in its list of applications to
 which the designation applies. Since the
 CPG was issued, one manufacturer of
 mineral fiber ceiling products has
 expressed concern over the scope of the
 structural fiberboard and laminated
 paperboard designations, particularly as
 they apply to acoustical and non-
 acoustical ceiling tiles and lay-in
 panels. EPA wants to clarify that the
 specific applications included in the
 structural fiberboard and laminated
 paperboard designation; i.e., 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), apply to the purchase of
 cellulosic fiber structural fiberboard and
 laminated paperboard products only.
 The listed applications, and therefore
 the designation, do not apply to
 products made from other similar or
 competing materials. In other words, if
 a procuring agency is purchasing a
 cellulosic fiberboard acoustical ceiling
 tile, then the. agency should purchase
 the ceiling tile made with recovered
 materials. However, if the agency
 prefers to purchase a ceiling tile made
 with mineral fiber rather than
 fiberboard, it is free to do so. In the
 latter instance, there is no requirement
 to purchase a cellulosic fiberboard
 ceiling tile.      ~
; V. Definitions
   Today, in § 247.3, EPA is proposing to
 add definitions for the following new
• item-specific terms: channelizers,
 delineators, flexible delineators, garden
 hoses, ink jet cartridges, latex paint,
 lawn edging, pallets, parking stops,
 printer ribbons, restroom dividers,
 shower dividers, snow fencing, and
 soaker hoses. These definitions are
 based on industry definitions,, including
 ASTM of other standard specifications,
 or represent descriptions of the scope of
 items being designated. EPA specifically
 requests comment on each of these -
 definitions.
   For several items being proposed for
 designation, .EPA recommends in the
 KMAN, two-part content levels-r-a
 postconsumer recovered content
 component and a total recovered
 materials component. In these instances,
 EPA found that both types of materials
 were being used to manufacture a
 product Recommending only
 postconsumer content levels would fail
 to acknowledge the contribution to solid
 waste management made by
 manufacturers using other
 manufacturers' byproducts as feedstock.
    Because the item designations in
 today's action use the terms
 "postconsumer materials" and
 "recovered materials," the definitions
 for these terms are repeated in this
 action as a reference for the convenience
  of the reader. These definitions were
  part of the May 1,1995 CPG and can be
  found at 40 CFR 247.3. The Agency is
  not proposing.to change these
  definitions and will not consider any
  comments submitted on these terms.
    Postconsumer materials means a material
  or finished product that has served its
  intended end use and has been diverted or .-
 recovered from waste destined for disposal, .
 having completed its life as a consumer item.
 Postconsumer material is part of the broader
 category of recovered materials.
  Recovered materials means waste materials
 and byproducts which have been 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.          •

 VI. Construction Products

 A. Shower and Restroom Dividers
   Based on the information obtained by
 EPA, shower and restroom dividers
 containing recovered materials are
 currently made using steel or various
 recovered plastics. Today, in § 247.12(f), -
 EPA proposes to designate shower and
 restroom dividers containing recovered
 plastic or steel as items whose
 procurement will carry out the
 objectives of section 6002 of RCRA. A
 final designation would not preclude a
 procuring agency from purchasing
 shower and restroom dividers
 manufactured from another material,
 such as wood. It simply requires that a
 procuring agency, when purchasing
 shower and restroom dividers made
 from plastic or steel, purchase these
 items made with recovered materials
 when these items meet applicable
 specifications and performance
• requirements.

 1. Background
   Shower and restroom dividers are
 used to create privacy by separating
 individual shower, toilet, and urinal
 compartments in commercial and
 institutional facilities. They are made
 from various plastics, steel, or wood.

 2. Rationale for Designation
   As discussed in Appendix V of the
 CPG H "Supporting Analysis"
 document, plastic and steel represent a
 significant component of the solid waste
 stream. Shower and restroom dividers
 are available made from steel or
 postconsumer and other recovered
 plastics, including high density
 polyethylene (HDPE), low density
 polyethylene (LDPE), and
 polypropylene (PP). EPA is not aware of
 shower and restroom dividers made
 from recovered wood and requests
 information in this regard.
    EPA identified nine manufacturers of
 plastic dividers containing recovered
 materials and 21 manufacturers of
 dividers containing recovered steel. EPA
 did not, identify any national or Federal
 specifications that preclude the use of
 recovered materials in shower or
 restroom dividers. Federal agencies,
 including the U.S. Army Corps of
 Engineers, and State and local

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57752      Federal Register / Vol. 61. No. 217 / Thursday, November 7, 1996  / Proposed Rules
governments procure shower and
restroom dividers. For a more detailed
discussion of the criteria used to
propose this item for designation, see
the Comprehensive Procurement
Guideline (€PG) H—Supporting
Analyses" document located in the
public docket for this action.

B. Latex Paint
  Based on the information obtained by
EPA, latex paint is available containing
recovered and postconsumer latex paint.
Today, in § 247.12(g), EPA proposes to
designate latex paint containing
recovered materials as an item whose
procurement will carry out the
objectives of section 6002 "of RCRA.

1. Background
  Latex paint is water-based paint
widely used for interior and exterior
architectural applications for residential
and commercial buildings, as well as on
vehicles, equipment, and for other
special purposes. However, the Agency
has limited information on paint used
for non-architectural applications and
requests further information. Latex paint
is available containing postconsumer
recovered paint from household
hazardous waste (HHW) programs and
paint-only or curbside collection
programs. Latex paint can also be made
from non-postconsumer recovered
paint, which includes paint that is mis-
tinted, out-of-date, or otherwise not sold
to a consumer, which is returned by a
distributor, retailer, or contractor to the
manufacturer or to a paint recycler.
  "Paint recyclers" use postconsumer
and other recovered latex paint to
tOJJJll JLOLSAVn«O^^JJLAg UAUi^uuwt* ** »»*fc*«»
paint with consistent characteristics that
are comparable to equivalent grade
virgin latex paint This paint is suitable
for exterior and interior architectural
applications. Paint consolidation, which
involves blending postconsumer paint,
results in a 100 percent postconsumer
content mixture with characteristics that
vary significantly from batch to batch.
Consolidated paint, typically given
away by the recycler, is generally
suitable only for limited exterior
applications such as covering graffiti.

2. Rationale for Designation
   As discussed in Appendix V of the
CPGn "Supporting Analysis"
document, latex paint represents a
significant component of the solid waste
stream. Latex paint is available made
from postconsumer and other recovered
latex paint
   EPA identified seven manufacturers  .
of reprocessed latex paint and
consolidated latex paint. EPA did not
identify any national or Federal
specifications that preclude the use of
recovered materials in latex paint,
although there are specifications that
establish limits for metals (including
mercury and lead), cyanide, volatile and
semi-volatile compounds, and
polychlorinated biphenyls. According to
the General Services Administration
(GSA), over 69 military bases and other
Federal purchasers as well as 28 private
or local government agencies have
purchased reprocessed latex paint
through GSA. The Department of Navy's
Chief of Naval Operations office issued
a message encouraging the use of
"recycled" latex paint for facilities
maintenance. The U.S. Coast Guard also
reports favorable results with
"recycled" latex paint. For a more-
detailed discussion of the reasons for
proposing the item for designation, see
the "Comprehensive Procurement
Guideline (CPG) It—Supporting
Analyses" document located in the
public docket for this action.

VII. Transportation Products

A. Parking Stops

  Based on the information obtained by
EPA, parking stops  are available
containing postconsumer and other
recovered plastic and/or rubber. Some
manufacturers use wood chips, sawdust,
or fiberglass in. combination with plastic
or rubber to. make composite parking
stops. In addition, parking stops may be
made from cement and concrete
containing coal fly ash or ground
granulated blast furnace (GGBF) slag.
These stops are typically made from
concrete which is left over from
construction-related projects. Today, in
§247.13(b), EPA proposes to designate
parking stops made from concrete or
containing recovered plastic and/or
rubber as items whose procurement will
carry out the objectives of section 6002
of RCRA. A final designation would not
preclude a procuring agency from
purchasing parking stops manufactured
from another material. It simply requires
that a procuring agency, when
purchasing parking stops made from
plastic, rubber, or concrete, purchase
these items made with recovered
materials when these items meet
'applicable-specifications and
performance requirements.

1. Background    -        -

   Parking stops are barriers used to
mark parking spaces and to keep parked
vehicles from rolling beyond a
designated parking area. Parking stops
may be made from concrete, wood,
rubber, or plastic.
2. Rationale for Designation
  As discussed in Appendix V of the
CPG n "Supporting Analysis"  .
document, rubber, plastic, coal fly ash,
and GGBF slag all represent significant
components of the solid waste stream.
Parking stops are available made with
postconsumer and other recovered
plastics and rubber. Postconsumer
sources include milk jugs, water bottles,
and other containers, mixed plastic, and
rubber (from used tires). Although EPA
did not obtain specific information on
parking stops made from cement and
concrete containing coal fly ash or
GGBF slag, the agency believes that,
since cement and concrete can be made
with GGBF, it is technically feasible to
include these recovered materials in
cement and concrete parking stops. EPA
is not aware of parking stops made with
recovered wood and requests
information on. whether they are
commercially available.
  EPA identified 57 manufacturers, and
vendors of parking stops containing
postconsumer and other recovered
materials. EPA is unaware of any
national or Federal specifications or
standards that preclude the use of
recovered materials in parking stops.
The U.S. National Park Service, various
military bases, and State departments of
transportation and park authorities •
purchase parking stops. For a more
detailed discussion of the criteria used
to propose this item for designation, see
the "Comprehensive Procurement
Guideline (CFG) H—Supporting
Analyses" document located in the -
public docket for this action.

B. Temporary Traffic Control Devices
  EPA designated traffic cones and-,
traffic barricades in the original CPG (60
FR 21383, May 1,1995). Based on the
information obtained by EPA* additional
temporary traffic control devices are
available containing postconsumer and
other recovered plastic, rubber, and
steel. Today, in § 247.13(c) through (e),
EPA is proposing to designate
channelizers, delineators, and flexible
delineators containing recovered plastic,
rubber, or steel as items whose
procurement will carry, out the
objectives of section 6002 of RCRA. A
final designation of these items would
not preclude a procuring agency from
purchasing these temporary traffic
control devices manufactured from
another material. It simply requires that
a procuring agency, when purchasing
these devices m'ade from  plastic, rubber,
or steel, purchase these items made with
recovered materials when these items .
meet applicable specifications and
performance requirements.

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             Federal  Register / Vol. 61, No. 217 /  Thursday, November 7, 1996 / Proposed Rules      57753
 1. Background
   Temporary traffic control devices are
 used to divert, channel, or restrict traffic
 flow. They include channelizers,
 delineators, and flexible delineators.
 .Channelizers are barrels or drums that
 can be positioned to direct traffic
 through detours. Delineators are highly
 visible pavement markers that can he
 positioned to direct traffic or define
 boundaries. Flexible delineators bend if
 struck by a vehicle to prevent damage to '
 the vehicle or the delineator.
 2. Rationale for Designation
   As discussed in Appendix V of the
 CPG n "Supporting Analysis"
 document, plastic, rubber and steel are
 significant components of the solid
 waste stream. Channelizers, delineators,
 and flexible delineators are available
 made with recovered plastic, rubber and
 steel.
   EPA identified three manufacturers of
 channelizers, eight manufacturers of •
 delineators and three manufacturers of
 flexible delineators containing
 postconsumer and 'other recovered
 materials. The Federal Highway
 Administration (FHWA) publishes the
 "Manual on Uniform Traffic Control
 Devices," which contains specifications
 used by-most States for the size, shape,
 mounting, and placement of traffic
 control devices. The FHWA
 specifications do not preclude the use of
 recovered materials in these devices.
 The States of North Carolina and Florida
 have specifications that require the use
 of recovered materials in their flexible
 delineators. The Veterans
 Administration and Federal Emergency
 Management Agency purchase
 temporary traffic control devices, and
 EPA believes that virtually every State
 department of transportation also
 • purchases the items. For a more detailed
 discussion of the criteria used to
. propose these items for designation, see
 the "Comprehensive Procurement
 Guideline (CEG) H—Supporting
 Analyses" document located in the
 public docket for this action.
 Vm. Park and Recreation Products

 A. Snow Fencing
    Based  on the information obtained by
 EPA, snow fencing is available
 containing recovered plastic. Today, in
 § 247.14(b), EPA proposes to designate
 •. snow fencing containing recovered
 plastic as an item whose procurement
 will carry out the objectives of section -
  6002 of RCRA. A final designation of
 this items would not preclude a  •
  procuring agency from purchasing snow
  fencing manufactured from another
  material, such as wood.'It simply
 requires that a procuring agency, when.
 purchasing snow fencing made from
 plastic, purchase this item made with  9
 recovered materials when this item
 meets applicable specifications and
 performance requirements-..

 1. Background
   Snow fencing is constructed from
 plastic in an open-weave pattern or from
 wooden slats held together with wire
 strands. It is used to control drifting •
 snow, to delineate construction areas,
 and to protect sand dunes.

 2. Rationale for Designation
   As discussed in Appendix V of the
 CPG n "Supporting Analysis"
 document, plastic represents a
 significant component of the solid waste
 stream. Snow fencing is available made .
 with postconsumer and other recovered
 HDPE plastic from milk jugs, water
 bottles, and other containers. EPA is not
 aware of snow fencing made from  .
 recovered wood and requests
 information on whether it is now
 commercially available.
   EPA identified three manufacturers of
 snow fencing containing recovered and
 postconsumer HDPE. According to
 information obtained by EPA, there are
. no national or Federal specifications
 that preclude the use of recovered
 materials in the manufacture of snow
 fencing. Federal agencies, such as the
 National Park Service and the Army
 Corps of Engineers, and State agencies
 purchase snow fencing. According to at
 least two State agencies; recovered-  .,
 content snow fencing met the
 performance requirements for the
 applications in which it was used. For
 a more detailed discussion of the
 criteria used to propose this item for    •
 designation, see the "Comprehensive
 Procurement Guideline (CPG) H—
 Supporting Analyses" document located
 in the public docket for this action.
 EX. Landscaping Products

 A. Garden and Soaker Hoses
   Based on the information obtained by
 EPA, garden and soaker hoses are
 available containing recovered plastic or
 rubber. Today, in §247.15(c), EPA
 proposes to designate garden and soaker
 hoses containing recovered plastic or
 rubber as items whose procurement will
 carry out the objectives of section 6002
 of RCRA. A final designation of these •
 items would not preclude a procuring
 agency from purchasing garden and
 soaker hoses manufactured from another
 material. It simply requires that a
 procuring agency, when purchasing
 garden and soaker hoses made from
 plastic or rubber, purchase this item
 made with recovered materials when
 these items meet applicable
 specifications and performance
 requirements.
 1. Background
   A garden hose is flexible tubing used
 to conduct water to a specific location.
 It is usually made from PVC plastic or
 rubber. A soaker hose is perforated
 flexible tubing used to deliver gentle •
 irrigation to plants and is typically
 made of rubber.

 2. Rationale for Designation.
   As discussed in Appendix V of the
 CPG n "Supporting Analysis"
 document, rubber and plastic represent
 a significant component of the solid
 waste stream. Garden and soaker hoses
 are available  made with pbstconsumer
 and other recovered PVC plastic or
 rubber.
   EPA identified five manufacturers of
 postconsumer-and "other recovered-
 content landscaping hoses; two that
 only produce garden hoses, one that
 only produces soaker hoses, and two
 that produce both.  All five companies
 use PVC plastic and/or rubber to
 manufacture  their products. There is an
 American Society for Testing and
 Materials (ASTM) specification tor
 garden hose that addresses physical and
 performance  characteristics, but does
 not preclude the use of recovered
 materials. Green Seal, an independent
 standards organization, specifies the use
 of 50 percent postconsumer rubber in
 garden hose and 65 percent
 postconsumer rubber in soaker hose.
 The U.S. Department ofTJefense,
 National Park Service, and State
 agencies purchase garden and soaker
 hoses. Fora more detailed discussion of
 the criteria used to propose this item for
 designation, see the "Comprehensive
 Procurement Guideline (CPG) H—
 Supporting Analyses" document located
_ in the public docket for this action.
 B. Lawn and Garden Edgmg
   Based on the information obtained by
 EPA, lawn and garden edging is
 available containing recovered plastics
 or rubber. Today, in § 247.15(d), EPA
 proposes to designate lawn and garden
 edging containing recovered plastic or
 rubber as items whose procurement will-
 carry out the objectives of section 6002
 of RCRA. A final designation of these
 items would not preclude a procuring
 agency-from  purchasing lawn and -
 garden edging manufactured from
 another material, such as wood. It
 simply, requires that a procuring agency,
• when purchasing lawn and garden
 edging made from  plastic or rubber,
 purchase these items made with

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 57754     Federal Register / Vol. 61, No. 217 / Thursday, November 7, 1996 / Proposed Rules
 recovered materials when these items
 meet applicable specifications and
 performance requirements.

 1. Background

   Lawn and garden edging is used as a
 barrier between lawns and landscaped
 areas or garden beds to prevent grass,
 roots, or weeds from spreading to the
 landscaped areas. It is manufactured
 from postconsumer and other recovered
 HDPE, mixed plastics, and/or rubber. •

 2. Rationale for Designation

   As discussed in Appendix V of the
 CPG n "Supporting Analysis"
 document, rubber and plastics represent
 a significant component of the solid
 waste stream. Lawn and garden edging
 is available made with postconsumer
 and other recovered plastics.
 Postconsumer sources of materials used'
 in lawn and garden edging include milk
 jugs, -water bottles, and other containers,
 various mixed plastic resins, and rubber
 (from tires). Edging may also be
 manufactured using wood; however,
 EPA is not aware of any lawn and - - - —•
 garden edging made from recovered  .
 wood and requests information on
 whether these items are commercially
 available.
   EPA identified seven, manufacturers.
 of lawn and garden edging' containing
 postconsumer and other recovered
 materials. According to information
 obtained by EPA, there are no national  •
 or Federal specifications that preclude
 the use of recovered materials in the
 manufacture of lawn and garden edging.
 Although EPA was unable to obtain any
 information on the purchase of lawn'
 and garden, edging by government
 agencies, EPA is aware that lawn and •
 garden edging is procured by such
 agencies as the National Park Service
 and State and local parks and recreation
 offices. For a more detailed discussion
 of the criteria used to propose this item
' for designation, see the "Comprehensive
 Procurement Guideline (CPG] n—
 Supporting Analyses" document located
 in the public docket for this action.

 X. Non-Paper Office Products

 A. Printer Ribbons

   Based on the information obtained by
 EPA, printer ribbons used in impact
 printers can be remanufactured by  •
 re inking the ribbon or reloading the
 printer ribbon cartridge with new
 ribbon. Today, in § 247.16(9, EPA
 proposes to designate printer ribbons as
 an item whose procurement will carry ..
 out the objectives of section 6002 of
 RCRA.
 1. Background
   Printer ribbons are used in dot matrix
 
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            Federal Register /Vol. 61, No. 217  / Thursday, November 7, 1996 / Proposed Rules      57755
requests that they not be used to
transport materials to ships because
they complicate onboard disposal
practices. For a more detailed
discussion of the criteria used to
propose this item for designation, see
the "Comprehensive Procurement
Guideline (CPG) H—Supporting
Analyses" document located in the.
public docket for this action.

XL Miscellaneous Products

A. Pallets
  Based on the information obtained by
EPA, cargo and freight pallets are
available containing recovered wood,
plastic, or paperboard. Today, in
§ 247.17(a), EPA proposes to designate
pallets containing recovered wood,
plastic, or paperboard as an item whose
procurement wijl carry out the
objectives of section 6002 of RCRA. A
final designation of this item would not
preclude.a procuring agency from
purchasing pallets manufactured from
another material.. It simply requires that
a procuring agency, when purchasing
pallets made from plastic, wood, or
 paperboard, purchase these items made •
 with recovered materials when these
 items meet applicable specifications and
 performance requirements;

 1. Background              .
   Pallets are portable platforms for
 storing or moving cargo or freight. They ,
 can be manufactured from wood,
 plastic, or corrugated paperboard.

 2. Rationale for Designation
   As discussed in Appendix V of the
 CPG n "Supporting Analysis"
  document, wood, plastic, and
  corrugated paperboard represent -
  significant components of the solid
  waste stream. Pallets are available
 •manufactured from postconsumer and ,.
  other recovered wood, plastic or old
  corrugated containers.
    EPA obtained information from eight
  manufacturers of recovered and  ••    ,
  postconsumer wood pallets, 19
  manufacturers of recovered arid
  postconsumer plastic pallets, and two
  manufacturers of recovered and  .
  postconsumer corrugated pallets. EPA
  identified one specification for pallets,
  developed by the Grocery
  Manufacturers of America; it does not
  preclude.the use of recovered materials
  in pallets. Army Logistics is developing
  a performance-based pallet specification
  that may limit the use of
  remanufactured pallets to specific
  applications. The Defense Logistics
  Agency, procures millions of pallets .of
  varying sizes each year. For a more
  detailed discussion of the criteria used
' to propose this item for designation, see
 the "Comprehensive Procurement
 Guideline (CPG) It—Supporting
 Analyses" document located in the
 public docket for this action.

 XII. Designated Item Availability
   EPA has identified a number of
 manufacturers and vendors of the items
 proposed for designation in today's rule.
 Once the item designations in today's
 proposal become final, these lists will
 be placed in the RCRA docket for this
 action and updated periodically as new
 sources are identified and product
 information changes. Procuring agencies
 should contact the manufacturers/
 vendors directly to discuss their specific
 needs and to obtain detailed
 information on the availability and price
 of recycled products meeting those
 needs.
   Other information is available from
 the General Services Administration
 (GSA), the Defense Logistics Agency
 (DLA), State and local recycling offices,
 private corporations, and trade
 associations. Refer to Section X of the
 document, "Comprehensive
 Procurement Guideline (CPG) It— .
  Supporting Analyses," located in the
  RCRA public docket, for more detailed-
  information on these sources of
  information.        •
  Xm. Economic Impact Analysis.

  A. Requirement? 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.   .
     EPA estimates that the costs
   associated with this proposed rule is
   well below the $100 million threshold.
   To enable the Agency to evaluate the
   potential impact of today's action, EPA
   has prepared an Economic Impact
Analysis (EIA), as discussed below. For
more information on the estimated
economic impact of this proposed rule,
see the "Economic Impact Analysis for
the Comprehensive Procurement  ,
Guideline (CPG) n," located in the
RCRA public docket for the proposed
rule.
1. Summary of Costs
  As shown in Table 2 below, EPA
estimates that the annualized costs of
today's rule will range from $4.7 to $8.7
million, with costs being spread across
all procuring agencies (i.e., Federal
agencies, State and local agencies that
use appropriated Federal funds to
procure designated items, arid
contractors to all three). These costs are
annualized over a 10-year period at a
three percent discount rate: Because
there is considerable uncertainty
regarding several of the parameters, that
drive the costs, EPA conducted
sensitivity analyses to identify the range
of potential costs of today's rule. Thus,
high-end and low-end estimates are
presented along with the best estimate.
The primary parameter affecting the
range of cost estimates is the number of
products each procuring agency is
 assumed to procure each year. Details of
 the costs associated with this proposed
rule are provided in the Economic •
 Impact Analysis for this rule, located in
 the RCRA  public docket.

 TABLE 2.—SUMMARY OF ANNUALIZED
   COSTS  OF  CPG  AMENDMENTS TO
   ALL PROCURING AGENCIES    .
Procuring
agency
Federal Agen-
cies 	 .....
States ..^ 	
Local Govern-
ments .........
Contractors ....
Total ....
Total
• annualized
• costs
($1000) ,
$5,400-S2,900
970-530
2,300-1,260
79-26
8,70tM,700
Best esti-
mate, total
annualized
costs
($1000)
$5,400
970
1,700
54
8,100
    As a result of today's proposed rule,
  procuring agencies will be required to
  perform certain activities pursuant to
  RCRA section 6002. The costs shown in
  Table 2, represent the estimated
  annualized costs associated with these -
  activities, which include: rule review
  and implementation; estimation,  •
  certification, and verification of
  designated item procurement; and for •
  Federal agencies, reporting and
  recordkeeping. Table 2 also includes
  estimates for Federal agency's that will
  incur costs for specification revisions

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57756      Federal Register / Vol. 61, No. 217 / Thursday, November 7, 1996 / Proposed Rules
and affirmative procurement program
modification. More details of the costs
associated with today's rule are
included in the aforementioned
Economic Impact Analysis.
  With regard to possible impacts to
business, including small businesses,
there may be both positive and negative
impacts to individual businesses. EPA
anticipates that this proposed rule will
provide additional opportunities for
recycling businesses to begin supplying
recovered materials to manufacturers
and products made from recovered
materials to procuring agencies. In
addition, other businesses, including
small businesses, that do not directly
contract with procuring agencies may be'
affected positively by the increased
demand for recovered materials. These
include businesses involved in
materials recovery programs and
materials recycling. Municipalities that..
run recycling programs are also
expected to benefit from increased
demand for certain recovered materials.
  EPA is unable to determine the
number of businesses, including small
businesses, that may be adversely
impacted by this proposedrule. It is.
possible that if a business that currently
supplies products to a procuring agency
uses virgin materials only, the
amendments proposed to the CEG may
reduce its ability to compete for future
contracts. However, the proposed .
amendments to the CPG wifl not affect
existing purchase orders, nor will it
preclude businesses from adapting their
product lines to meet new specifications
or solicitation requirements for products
containing recovered materials. Thus,
many businesses, including small
businesses, that market to procuring
agencies have the option to adapt their
product lines to meet specifications.

2. Product Cost
  Another potential cost of today's
action is the possible price differential  .
between an item, made with recovered
materials and an equivalent item
manufactured  using virgin materials. As
discussed in Appendices land IV of the
"Supporting Analyses," relative prices
of recycled content products.compared
to prices of comparable virgin products
vary. In many cases, recycled content
products are less expensive than their
virgin counterparts. In other cases,
virgin products have lower prices than
recycled content products. Many factors
can affect the price of various products.
For e'xample, 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.

3. Summary of Benefits

  EPA anticipates that this rule will
result in increased opportunities for
recycling and waste prevention. Waste
prevention can reduce the nation's
reliance on natural resources by
reducing the amount of materials used
in making products. Less raw materials
use results in a commensurate reduction
in energy use and a reduction in the
generation and release of air and water
pollutants associated with
manufacturing. Additionally, waste
prevention leads to a reduction in the  •
environmental impacts of mining,
harvesting, and other extraction
processes.
  Recycling can effect the more efficient
use of natural resources. For many
products, the use of recovered materials
.in manufacturing can result in
significantly lower energy and material
input costs than when virgin raw-
materials are used; reduce the.
generation and release of air and water  •
pollutants often associated with
manufacturing; and reduce the
environmental impacts of mining,
harvesting, and other extraction of
natural resources. In addition to
conserving non-renewable resources,
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 government .
officials to devote more attention to
health, education, and safety issues..
• By purchasing products made from
recovered materials, government
agencies can increase opportunities for
realising these benefits. On anational  '
and regional level, the proposed rule
can result in expanding 'and
strengthening markets for materials
diverted or recovered through public
and private collection programs. Also,
since many State and local
governments, as well as private
companies, reference EPA guidelines
when purchasing designated items, this
• rule can result in increased purchase of-
recycled products, locally, regionally,
. and nationally and provide
-opportunities for businesses engaged in
recycling activities.
B. Unfunded Mandates Reform Act of
1995 and Consultation With State, '
Local, and Tribal Governments
  Under section 202 of the Unfunded
Mandates Reform Act of 1995 (the Act),
P.L. 104-4, which was signed into law
on March 22,1995, EPA generally must
prepare a written statement for rules
with Federal mandates that may result '
in estimated costs to State, local, or
tribal governments in the aggregate, or
to the private sector, of $100 million or
more in any one year. When such a
statement is required for EPA rules,
under section 205 of the Act EPA must
identify and consider alternatives,
including the least costly, most cost-
effective or least burdensome alternative
that achieves the objectives of the rule.
EPA must select that alternative, unless
the Administrator explains in the final -
rule why it was not selected or it is
inconsistent with law. Before EPA
establishes regulatory requirements that
•may significant!}' or uniquely affect
small governments, including tribal
governments, it must develop under
section 203 of the Act a small
government agency plan. The plan must
provide for notifying potentially
affected small governments, giving them
meaningful and timely input in the
development of EPA regulatory
proposals with significant Federal
intergovernmental mandates, and
informing, educating, and advising them
on compliance with the regulatory
requirements.
  EPA has determined that this
proposed rule does not include a
Federal mandate that may result in
estimated annuitized costs of $100
million or more to either State or local
governments in the aggregate, or to the :
private sector. To the extent enforceable
duties arise as a result of this proposed
rule on State and local governments,
they are exempt from inclusion as
Federal intergovernmental mandates if
such duties are conditions of Federal
assistance. Even if they are not
conditions of Federal assistance, such
enforceable duties do not result in a
significant regulatory action being
imposed upon State and local
governments since the-estimated
aggregate cost of compliance for them
are not expected to exceed, at the
maximum, $3.3 million annually. The
cost of enforceable duties which may
arise as a result of today's proposed rule
on the private sector are estimated not
to exceed $79,000 annually. Thus, the
proposed rule is not subject to the
written statement requirement in
sections 202 and 205 of the Act.
  The newly designated items included
in the CPG may give rise to additional

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             Federal Register / Vol. 61, No. 217 / Thursday, November 7, 1996 / Proposed Rules      57757
 obligations under section 6002(i)
 (requiring procuring agencies to adopt
 affirmative procurement program and-to
 amend their specifications) for state and
 local governments. As noted above, the
 expense, associated with any additional  .
 costs is not expected to exceed, at the
 maximum, $3.3 million annually. In
 compliance with E.0.12875, which
 requires the involvement of State and
 local governments in the development
 ofcertain Federal regulatory actions,
 EPA conducted a wide outreach effort
 and actively sought the input of
 representatives of state  and local
 governments in the process of
 developing its guidelines.
   When EPA proposes to designate
 items in the CPG, information about the
 proposal is distributed to governmental
 organizations so that they can inform
 their members about the proposals and
 solicit their comments.  These
 organizations include the U.S.
 Conference of Mayors, the National  .
 Association of Counties, the National
 Association of Towns and Townships,
 the National Association of State
 Purchasing Officials, .and the American
 Association of State Highway and
 Transportation Officials. EPA also
 provides information to potentially
 affected entities through relevant
 recycling, solid waste, environmental,
 and industry publications. In addition,
 EPA^s regional offices sponsor and
 participate in regional and state
 meetings at .which information about
 proposed and final designations of items
 in the CPG is presented. Finally, EPA
 has sponsored buy-recycled Education
 and outreach activities by organizations
 such as the U.S. Conference of Mayors;
 the Northeast Recycling Council, the
 Environmental Defense Fund, Keep   -
 America Beautiful, and the California
' Local Government Commission^ whose
 target audience includes small
 governmental entities.  •
   The requirements do not significantly .
 affect small governments because they
 are subject to the same  requirements- as
 other entities whose duties result from
 today's rule. As discussed above, the
 expense associated with any additional
 costs to State and local governments, is
 not expected to exceed, at the-
 maximum, $3.3 million annually. The
 requirements do not uniquely affect
 small governments because they have
 the same ability to purchase these
 designated items as other entities whose
 duties result from today's rule.
 Additionally, use of designated items
 affects small governments in the same
 manner as other such entities. Thus> any
 applicable requirements of section 203
 have been satisfied.
C. Impacted Entities
  RCRA section 6002 applies to
'procuring agencies that use at least a   •
portion of Federal funds to procure over
$10,000 worth"of a designated product
in a given year. EPA estimates that this
rule would apply to  35 Federal agencies,
all 56 states and territories and 1,900
local governments. EPA. calculated the
number of local entities that would be
impacted based on information      -
regarding the amount of Federal funds
that are dispersed to specific counties.
In addition, EPA assumed.that between
100 and 1,000 contractors may be
affected, A description of this
information is provided in the'
Economic Impact Analysis for today's
rule.   .        -
D. Regulatory FlexibQity Act and Small
Business Regulatory Enforcement    - ".
Fairness Act
  The Regulatory Flexibility Act (RFA)
(5 U.S.C. 601 et seq.), as amended by the
•Small Business Regulatory Enforcement
Fairness Act of 1996-(SBREFA),
provides that, whenever an agency
proposes a rule under 5. U.S.C. 553, the
agency must prepare, and make.,
available for public comment, a    ..
regulatory flexibility analysis that
describes the impact of a proposed for
final rule on small entities (i.e., small
businesses, small organizations,, and  . -
small governmental jurisdictions). The.
purpose-of the RFA is to establish
procedures that ensure that Federal
agencies solicit and consider
alternatives to rules so as to'minimize
their burdensome impact on small
entities. The Act is designed to   .
encourage agencies to tafior their rules ~
to the size and nature of those to be -  -
regulated whenever this is consistent
with the underlying statute authorizing
the rule.
 ' However, the RFA does not require a
regulatory flexibility analysis if the head
of an agency certifies the rule-will not •
have significant economic impact on a
substantial number of small entities. 5 .
U.S.C. 604 & 605. SBREFA amended the
RFA to require Federal agencies to
provide a statement of the factual basis
for certifying that a rule will not have
a significant economic impact on a
substantial number of small entities.
Pursuant to 5 U.S.C. 605(b), therefore, I
certify that today's proposed rule will
not, if promulgated, have a significant
adverse impact on a substantial number
of small entities.
   In the case of small entities which are
small governmental jurisdictions, EPA
has concluded that the proposal, if
promulgated, will not have a significant
economic impact EPA concluded that
 no small government with a population '
 of less than 50,000 is likely to incur  .
 costs associated with the designation of
 the 13 items because it is improbable
 that such jurisdictions will purchase
 more than $10,000 of any designated
 item. Consequently, section 6002 would
 not apply to their purchases of
 designated items. Moreover, there is no
 evidence that complying with the
 requirements of section 6002 would
 impose significant additional costs on
 the small governmental entity to comply
 in the event that a small governmental
 jurisdiction purchased more-than
 $10,000 worth of a designated item.
 This is the case because in many
 instances items with recovered
 materials content may be less expensive
 than items produced from virgin
 material.
   Furthermore, EPA similarly
 concluded that the economic impact on
 small businesses would not be
 significant. Any costs to small
 businesses that are "procuring agencies"
 (and subject to section 6002) are likely
 to be insubstantial. To the extent there
 are increased costs, such costs are
 directly associated with compliance
 with a contract with a Federal agency
 fora designated procurement items and
 should be recovered in the contract
 price for the item. Further, any
 subsidiary costs associated with a small
 business's status as a "procuring
 agency" would not be substantial. Even
 if a small business is required to
 purchase other items with recovered
 materials content, it is unclear that such
 items-will necessarily be more
 expensive than items with virgin
 content.
   The basis for EPA's conclusions that
 the proposal, if adopted, will not have
 a significant impact on a substantial
 number of small entities is described in
 greater detail in the "Economic Impact
 Analysis" for the proposed rule which
 is located in the RCRA public docket

 1. Small Businesses
   The CPG applies to small businesses
 that are "procuring agencies." The
 potential economic impact of the CPG
 on small businesses that are "procuring
 agencies" is minimal. RCRA section
 6002 applies to the contractor with a
 Federal agency (or a state or local
. agency that is a procuring agency under
 Section 6002) when the contractor is
 purchasing a designated item, is using
 Federal money to do so, and exceeds the
 $10,000 threshold. There is an
 exception for purchases that are
 "incidental to" the purposes of the
 contract, i.e., not the direct result of the
 funds disbursement Therefore, for
 example, .a courier service contractor is

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 57758      Federal  Register / Vol. 61, No;  217 / Thursday, November 7,  1996 / Proposed Rules
 not required to purchase re-refined oil
 and retread tires for its fleets because
 purchases of these items are incidental
 to the purpose, of the contract.
 Therefore, as a practical matters, there
 would be very limited circumstances
 when a contractor's status as a
 "procuring agency" for section 6002
 purposes would impose additional costs
 on the contractor. Thus, for example, if
 the State or Federal agency is
 contracting with a supplier to obtain a
 designated item, then the cost of the
 designated item (and any associated
 costs of meeting section 6002
 requirements) to the supplier
 presumably will be fully recovered hi
 the contract price.
   Based on the above, EPA has
1 determined that the effect of today's
 proposed rule on small entities would
 00 minims >•
   While not a factor relevant to
 determining whether the rule will have
 rule would-he to..provide positive.
 opportunities" to businesses engaged in
 recycling and the manufacture -of
 recycled products. Purchase and use of
 recycled product byprocuring agencies
 increases demand for these products
 and result in private sector development
 of new technologies, 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 increased industry
 competitiveness worldwide, thereby,
 creating opportunities for small entities.
 XIV. Supporting Information and
 Accessing Internet   -v             . , .
   The index of supporting materials for .
 the proposed rule is available in the RIG
 and on the Internet The address and
 telephone number of the RIC are
 provided in ADDRESSES above". The
 following supporting materials are
 available on the Internet:.
   "Comprehensive Procurement
 Guideline (CPG) n—Supporting
 Analyses," U.S. EPA, Office of Solid
 Waste and Emergency Response, August
 1,1996.
 ,  "Recovered Materials Advisory Notice
 (RMAN) H—Supporting Analyses," U.S.
 EPA, Office of Solid Waste and
 Emergency Response, August 1,1996.
   Copies of the following supporting
 materials are available for viewing at the
 RIC only:      .   '
   "Recovered Materials Product
 Research for the Comprehensive
 Procurement Guideline H," prepared for.
 U.S. EPA by Eastern Research Group,
 July 24,1996.
  "Research on Items for Designation in
the Comprehensive Procurement
Guideline," December 19,1995.
  "Summary of Information Submitted
in Response to EPA's Request for
Information on the Designation of Items
for the CPG," prepared for U.S. EPA by
Eastern Research Group, April 12,1996.
  Follow.these instructions to access
the information electronically:
Gopher: gopher.epa.gov
WWW: http://www.epa.gov
Dial-up: 919 558-0335
  The materials can be accessed off the
main EPA Gopher menu, in the
directory EPA Offices and Regions/
Office of Solid Waste and Emergency
Response (OSWERVOffice of Solid
Waste (RCRA)/[Non-Hazardous Waste—
RCRA Subtitle D/Procurement/CPG].
FTP: ftp.epa.gov
  Login: anonymous
  Password: your Internet address
  Files are located in /pub/gopher/
    OSWRCRA.

List of Subjects in 40 CFR Part 247
  Environmental protection,
Channelizers, Delineators, Flexible
delineators, Floor tile, Garden and
soaker hose, Government procurement,
Ink jet cartridge, Laminated paperboard,
Landscaping industry, Latex paint,
Lawn and garden edging, Office
products, Pallets, Park and recreation
products, Parking stops, Printer ribbon,
Recycling, Shower and restroom
dividers, Snow fencing, Structural
fiberboard, Temporary traffic control
devices.
  Dated: November 1,1996,.
Carol M. Browner,               '
Administrator.         '
  For the reasons- set put in the
preamble, EPA proposes to amend 4O
CFR Part 247 as follows:

PART 247—COMPREHENSIVE
PROCUREMENT GUIDELINE FOR
PRODUCTS CONTAINING
RECOVERED MATERIALS

  1. The authority citation for Part 247
continues to read as follows:
'  Authority: 42 U.S.C. 6912(a) and 6962;
E.0.12873,58 FR 54911.
  2. In § 247.2, paragraph (d) is added
to read as follows:

§247.2  Applicability.
 competition, considering such
 guidelines. Procuring agencies may
 decide not to procure such items if they
 are not reasonably available in a
 reasonable period of time; fail to meet
 reasonable performance standards; or -
• are only available at an unreasonable
 price.
   3. In § 247.3, the following definitions
 are added alphabetically:
 *****
   Channelizers means highly visible -
 barrels or drums that can be positioned
 to direct traffic through detours;
 *    *   *    *  •  *
   Delineator means a highly visible'
 pavement marker that can- be positioned
 to direct traffic or define boundaries;
 *    *   *    *    *   *'.
   Flexible delineator mearis a highly
 visible marker that can'be positioned to
 direct traffic or define boundaries and
 that will flex if struck by a vehicle to
    vent damage to the vehicle or the
  elineator;

   Garden hose means a flexible tubing
 that conducts water to a specific
 location;.'
 *    *  ' *    *    *
   Ink jet cartridge means a casing
 containing ink used in ink jet printers
 and some types of facsimile machines
 and plotters;

   Latex paint means a water-based
 decorative or protective covering having
 a latex binder;

   Lawn edging means a barrier used
 between lawns and landscaped areas or
 garden beds to prevent grass roots or.
 weeds from spreading to the landscaped'
 areas;

   Pallet mean:; a portable.platform for
 storing or moving cargo or freight;

   Parking stop means a barrier used to
 mark parking spaces and keep parked
 vehicles from rolling beyond a
  (d) RCRA section 6002(c)(l) requires
procuring agencies to procure
designated items composed of the
highest percentage of recovered
materials practicable, consistent with
maintaining a satisfactory level of
   Printer ribbon means a nylon fabric
 designed to hold ink and used in dot
 matrix and other types of impact •
 printers;
 **.«**
   Restroom divider means a barrier used
 to provide privacy in public restroom
 facilities;
 *    *    *  • • *    *
   Shower divider mesas a water-proof
 barrier used to provide privacy in public
 shower facilities;

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              Federal Register / Vol. 61, No.  217 / Thursday, November 7,  1996 / Proposed Rules      57759
   Snow fencing means a barrier with, an
 open-weave pattern that can be used to
 control drifting snow or sand by
 restricting the force of wind;
 ****-.*
   Sooner hose means a perforated
' flexible tubing that is used to deliver
 gentle irrigation to plants;
 *    *    *    *    *
   4. Section 247.12 is amended by
 adding new paragraphs (f) and (g) to
 read as follows:     '.

 §247.12  Construction products

   (f) Shower and restroom dividers
 containing recovered plastic 'or steel.  '
   (g) Latex paint
   5. Section 247.13 is amended by .
 designating the existing text as
 paragraph (a) and by adding new
 paragraphs (b), (c),.(d), and (e) to read
 as follows:
§ 247.13  Transportation products.
*    *    *   '  *     «     .

  (b) Parking stops made from concrete
or containing recovered plastic or
rubber.
 . (c) Channelizers containing recovered
plastic or rubber.            -.    -    .
  (d) Delineators containing recovered
plastic, rubber, or steel.
  (e) Flexible delineators containing
recovered plastic.
  6. Section 247.14 is amended by
redesignating the existing text as
paragraph (a) and by adding a new
paragraph (b) to read as follows:

§247.14  Park and recreation products.
*    *  ~  *    *     *

  (b) Snow fencing containing
recovered plastic.
  7» In § 247.15, new paragraphs (c) and
(d) are added to read as follows:
§247.15  Landscaping products.
*****.
  (c) Garden and soaker hoses
containing recovered plastic or rubber.
  (d) Lawn and garden edging
containing recovered plastic or rubber.
  8. In § 247.16, new paragraphs (f), (g),
and (h) are added to read as follows:

§247.16  Non-paper office products:
*****"
  (f) Printer ribbons.
  (g) Ink jet cartridges.
  (h) Plastic envelopes.
  9. Section 247.17 is revised to read as
follows:

§247.17  Mlsceiterwous Products.
  (a) Pallets containing recovered wood,
plastic, or paperboard.
  (b) (Reserved)
[FR Doc. 96-28733 Filed 11-6-96; 8:45 am]
BILLB4Q CODE G540-SO-P

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57760          Federal Register / Vol. 61. No. 217 / Thursday. November 7,1996/Notices^
ENVIRONMENTAL PROTECTION
AGENCY
[SWH-FRL-6628-5]

Recovered Materials Advisory Notice

AGENCY: Environmental Protection
Agency (EPA).
ACTON: 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 (RMAN) which
provides guidance to procuring agencies
for purchasing certain items containing
recovered materials. Under section 6002
of the Resource Conservation and
Recovery Act (RCRA) of 1976, EPA
designates items that are or can be made
with recovered materials and provides
recommendations for the procurement
of these items. Elsewhere in today's
Federal Register, EPA is proposing to
designate 13 additional items, including
shower and restroom dividers; latex.
paint; parking stops; channelizers;'
delineators; flexible delineators; snow
fencing; garden and soaker hoses; lawn
and garden edging; printer ribbons; ink
jet cartridges; plastic envelopes; and
pallets. Today's RMAN contains draft
recommended recovered materials
content levels for these items. In  '
addition, today's draft RMAN clarifies
recommendations previously made for
floor tiles on May 1,1995 (60 FR 21392).
 DATES: EPA will accept public
 comments on the recommendations
 contained in the draft Recovered
 Materials Advisory Notice until
 February 5,1997.
 ADDRESSES: To comment on this notice,
 please send an original and two copies
 of comments to: RCRA Information
 Center (5305W), U.S. Environmental
 Protection Agency, 401M Street, SW.,
 Washington, DC 20460. Please place the
 docket number F-96-CP2P-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, 401M Street, SW.,
 Washington, DC 20460,
   Documents related to today's notice
 are available for viewing at the RCRA
 Information Center (RIG), located at:
 U.S. Environmental Protection Agency,
  1235 Jefferson Davis Highway, Ground
*' Floor, Crystal Gateway One, Arlington,
  VA 22202. The RIG 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 (703) 603-9230
 for appointments. Copies cost $.15 per
 page.
 FOR FURTHER INFORMATION CONTACT: For
 general information contact the RCRA
 Hotline at (800) 424-9346 or (703) 412-
 9810. For technical information on
 individual item recommendations,
 contact the following EPA staff:
 Construction, landscaping,
 transportation, and park and recreation
 products—Terry Grist, (703) 308-7257;
 Non-paper office products—Janice.
 Johnson, (703) 308-7280; Vehicular and
 miscellaneous products—Sue Nogas,
 (703) 308-7251; Paper and paper
 products—Dana Arnold, (703) .308-
 7279. For all other technical
 information, contact Terry Grist at (703)
 30&-7257.
 SUPPLEMENTARY INFORMATION:
 I. Authority
   The draft Recovered Materials
 Advisory Notice (RMAN) is issued
 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 section 502 of Executive
 Order 12873 (58 FR 54911, October 20,
 1993).
 n. Background
   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 that
 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

 procure those items. For the purposes of
 RCRA section 6002, procuring agencies
 . include the following: (1) Any Federal
 agency; (2) any State or local agencies
 using appropriated Federal funds for a
 procurement; or (3) any contractors with
 these agencies (with respect to work
  performed under the contract). The
  requirements of section 6002 apply to
  such procuring agencies only when
  procuring designated items where the
  price bf the item exceeds $10,000 or the
  quantity of the item purchased in the
  previous year exceeded $10,000.
    Executive Order 12873 (58 FR 54911,
  October 22,1993) directs EPA to
  designate items in a Comprehensive
 Procurement Guideline and publish
 guidance that contains EPA's
 recommended recovered content levels
 for the designated items in Recovered-
 Materials Advisory Notices. The
 Executive Order further directs EPA to
 update the CPG annually and the RMAN
 periodically to reflect changes in market
 conditions. EPA codifies the CPG
 designations in the Code of Federal
 Regulations (CFR), but, because the
 recommendations are guidance.the
 RMAN is not codified in the CFR. This
 process enables EPA to make timely
 revisions to its recommendations in
 response to changes in a product's  .
 availability or recovered materials
 content.
   EPA issued a CPG on May 1,1995 (60
 FR 21370) designating 19 new items and
 published an RMAN for the designated
 items on the same day (60 FR 21386).
 These notices also consolidated the
 guidelines previously issued for five
 items designated between 1983 and
 1989.-Today, in a separate section of the
. w_ J	1 p.—..S««l...u. L'U A Zt> nvrtnrteinnt tn
 designate 10 new utuua. xuuojr o vu«m.
 RMAN recommends recovered materials
 content levels and procurement
 guidance for these 13 new items which
 include: (1) Shower and restroom
 dividers; (2) latex, paint; (3) parking
 ' stops; (4) channelizers; (5) delineators;
 (6) flexible delineators; (7) snow
 fencing; (8) garden and soaker hoses; (9)
 lawn and garden edging; (10) printer
 ribbons; (11) ink jet cartridges; (12)
 plastic envelopes; and (13) pallets. This
 notice also provides clarification on
 recommendations made in the previous
 RMAN for floor tiles which was issued
 on May 1,1995. Once finalized, today's
 RMAN will serve as companion
 guidance to the original RMAN.
    EPA, once again, wants to stress that
 the recommendations in its RMAN are
 just that—recommendations and
 guidance to procuring agencies in
 fulfilling their obligations under section
 6002. The designation of an item as one
 that is or can be produced with
  recovered materials and the inclusions
  of recommended content levels for an
  item in the RMAN does not compel the.
  procurement of tin item when the item
  is not suitable for its intended purpose.
  Section 6002 is explicit in this regard  •
  when it authorizes a procuring agency
  not to procure-a designated item where
  the item
    "feils to meet the performance standards
  set forth in the-applicable specification or
  feils to meet the reasonable performance
  standards of the procuring agencies." Section
  6002(1)(B), 42 U.S.C. 6962(c)(B).
    Thus, for example, elsewhere today,
  EPA has proposed to designate shower

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                 Federal Register / Vol. 61, No. 217 I Thursday, November 7, 1996 / Notices
                                                                     57761
-and restroom dividers as items that are
 or can be produced with recovered
 materials content The information the
 Agency has developed shows that these
 items are available in either steel or
 plastic with recovered materials
 content. However, if EPA adopts the
 proposed designation and
 recommendations for shower and
 restroom dividers, the mere fact that
 these are available with recovered
 materials content does not require the
 use of such items in every circumstance.
 The choice of appropriate materials
 used in construction remains with
 building engineers and architects. The
 effect of designation (and section 6002)
 is simply to require the purchase of
 items with recovered materials where
 consistent with the  purpose for which
 the item is to be used. Procuring
 agencies remain free to procure dividers
 of materials other than steel or plastic
 where the design specifications, call for
 other materials.
 A. Methodology for Recommending
 Recovered Materials Content Levels
   In providing guidance in the RMAN,
 the Executive Order directs EPA to
 present 'the range of recovered  '
 materials content levels within which
 the designated recycled items are
 currently available." Based on the •  -
 information available to the Agency,
 EPA recommends ranges that encourage
 manufacturers to incorporate the
 maximum amount of recovered
 materials into then* products without
 compromising competition or product •  '
 performance and availability. EPA
 recommends that procuring agencies -
 use these ranges, in conjunction with •
 their own research, to establish their -   -
 inininMiTn mutant .stnnrfaTHffi: Tn some  .-' '
 instances, EPA recommends that
 procuring agencies  establish a specific
 level (e.g.,. 100'percent recovered-
 materials), rather than arange, because
 the item is universally available at that
 recommended level. EPA recommends
 .ranges rather than minimum standards .
 for several reasons:..     ,    '       :
 . 'First, the Executive order directs EPA to
 develop ranges, not minimum content
 standards or specific recovered materials
 levels.
   Second, EPA has only limited information
 on recovered materials content levels for the
 new items proposed for designation. It would
 not be appropriate to establish minimum
 content standards without more detailed
 information because the standards may be
 treated as maximum targets by manufacturers
 and may stifle innovative approaches'for  .
 increasing recovered material use. EPA hopes
 that the use of ranges  will encourage,
 manufacturers producing at the low end of   '
 the recovered materials range to seek ways of
 increasing their recovered materials usage.
 Minimum content standards are less likely to
 encourage such innovation.
  Thud, many items are purchased locally
 rather than centrally. As a result, the
 recovered materials content of the items are
 likely to vary from region to region
 depending on local cost and availability of
 recovered materials. Minimum content
 standards are unlikely to be effective.givea
 the regional variance in recovered materials
 content because minimum content levels that
 are appropriate for one region, may be
 .excessively high or low for other regions. A
 recovered materials content range gives
 regional procuring agencies the flexibility to
 establish their own recovered content
 standards and to rani™ them as high as
 possible, consistent with the statute, given
 local product availability and market
 conditions.  •  -
  EPA reviewed publicly-available
• information, information obtained from
 product manufacturers, and information
 provided by other Federal agencies
 regarding the percentages of recovered
 materials available in the items
 proposed for designation in the CPG.   •
 Based on this information, EPA
 established ranges of recovered  ,  .
 materials content for each of the
 proposed designated items. In       .  .
 establishing the ranges, EPA's objective •.
 was to-ensure the availability of the •
 item, while nhallmigiTig manufacturers .
 to increase their use of recovered.
 materials. By recommending ranges,  -
 EPA believes that sufficient information
 will be provided taxenable procuring
 agencies to set appropriate procurement
 specifications when purchasing the
 newly designated items.            .
  It is EPA% 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 tins, EPA will monitor the     .
 progress made by procuring agencies in .
 purchasing designated items with the
 highest practical recovered materials
 content level and will adjust the
 recommended content ranges as
 appropriate. For some items, EPA
 recommends 100 percent recovered     -
 materials content levels because the
 items are already universally available
 at that level. EPA anticipates that other
 recommended ranges will narrow over
 time as other items become more
 available, although for technical
 reasons, many may never be available
 with 100 percent recovered materials  .
 content levels.
  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 refers to its
 recommendations as "recovered  .
 materials contentlevels," consistent
 with RCRA section 6002(e) and ,
 Executive Order 12873.
   More information on EPA's
 methodology for recommending
 recovered materials content levels for
 designated items, is contained in
 "Recovered Materials Advisory Notice
 (RMAN) H—Supporting Analyses,"
 located in the RCRA public docket for
 this notice.
 B. Definitions
   Today's draft RMAN contains
 recommendations on the recovered
 materials content levels and
 postconsumer materials content levels
 at which the designated items are
 generally available! For several items
 being proposed for designation, this
 RMAN recommends two-part content
 levels—a postconsumer recovered
 content component and a total
 recovered materials component. In these
 instances, EPA found that both types of
 materials were being used to
 manufacture a product Recommending
 only postconsumer content-levels would
 fail to acknowledge the contribution to
 solid waste management made by   •
 manufacturers using Other
 manufacturers' byproducts as feedstock.
 The terms "recovered materials" and
 "postconsumer materials" are defined
 in the CPG at 40 CFR 247.3. These .
 definitions are repeated-in this notice as
 a reference for the convenience of the
 reader. The Agency is not proposing to •
 change these definitions and will not
 'consider any comments submitted on •
 these terms.
'   Postconsumer materials means a material
 or finished product that has served its
 intended end use and has been diverted or
 recovered from waste destined for disposal,
 having completed its-life as a consumer item.
 Postconsumer material is part of the broader
 category of recovered materials.  '.
 '  Recovered materials means waste materials
 and byproducts which have been recovered
 or diverted from solid waste, but such term
 does not include those materials and
 byproducts generated from, and commonly
 used within an original manufacturing
 process.           •      '
 C. Request for Comments
   EPA requests comments, including
 additional supporting documentation
 and information, on the draft RMAN
 regarding the types of recovered .
 materials identified in the item'
-recommendations, the recommended
 recovered and postconsumer materials
 contentlevels, and procurement
 methods for each of the items. Requests .
 for specific comments and information

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 57762      .    Federal Register / Vol. 61, No. 217 / Thursday, November 7, 1996  / Notices
 are included in the narrative
 discussions for each, of the items.
 III. Supporting Information and
 Accessing Internet
   The index of supporting materials is
 available in the RIG and on the Internet.
 The address and telephone number of
" the RIG are provided in ADDRESSES
 above. The following supporting
 materials are available on the Internet:
   "Comprehensive Procurement
 Guideline (CPG) D—Supporting
 Analyses," August 1,1996.          .
   "Recovered Materials Advisory Notice
 (RMAN) H—Supporting Analyses,"
 August 1,1996.     -  _
   Copies of the following supporting
 materials are available for viewing at the
 RIG only:
   "Recovered Materials Product
 Research for the Comprehensive
 Procurement Guideline n," prepared for
 U.S. EPA by Eastern Research Group,
 July 24,1996.              .    :   . '
   ''Research on Kerns for Designation in
 the Comprehensive Procurement
 Guideline," December 19,1995.
   "Summary of Information Submitted.
 in Response to EPA's Request for
 Information on the Designation of Items
 for the CPG," prepared for U.S. EPA by
 Eastern Research Group, April 12^ 1998.
   Follow these instructions to access
 the information electronically:
 Gopher: gopher.epa.gov
 WWW: http://www.epa.gOY •
 Dial-up: 919 558-0335
   The materials c*»" be accessed off the
 main EPA Gopher menu, in the
 directory EPA Offices and Regions/
 Office of Solid Waste and Emergency
 Response (OSWERJ/Office of Solid    _
 Waste (RCRA)/[Non-Hazardous Waste—
 RCRA Subtitle D/Procurement/RMANJ.
 FTP: ftp.epa.gov
 Login: anonymous      ,,      .
 Password: your Internet address
   Files are located in/pub/gopher/
 OSWRCRA.
                                      Dated: November 1,1996.
                                    Carol M. Browner,
                                    Administrator.

                                    Draft Recovered Materials Advisory
                                    Notice
                                      The following represents EPA's draft
                                    recommendations to procuring agencies
                                    for purchasing the items proposed today
                                    for designation in the CPG in
                                    compliance with section 6002 of the
                                    Resource Conservation and Recovery
                                    Act (RCRA). These recommendations
                                    are intended to be used in conjunction
                                    with the RMAN issued on May 1,1995
                                    (60 FR 21386) and the Paper RMAN
                                    issued on May 29,1996 (61 FR 26985).
                                    Refer to the May 1,1995 RMAN or the
                                    Code of Federal Regulations at 40 CFR
                                    Part 247 for definitions, general
                                    recommendations for. affirmative
                                    procurement programs, and.
                                    recommendations for previously
                                    designated items. Acronyms used in this
                                    RMAN are defined: in the document
                                    entitled "Recovered Materials Advisory
                                    Notice (RMAN) H—Supporting
                                    Analyses," located in the public docket
                                    for this notice. Table C-5 of this draft
                                    RMAN repeats the recommendations
                                    made for patio blocks in the May 1,
                                    1995 RMAN. The Agency is not issuing
                                    any changes to these recommendations.
                                    The recommendations for patio blocks
                                    . are repeated here for the convenience of
                                    procuring agencies and readers, since
                                    patio blocks were included in the same
                                    table as floor tiles for which a
                                    clarification is being issued today.
                                     ProcnrementofDesignaiedltems^

                                     PartC. Construction Products,  ;
                                     Section C-5. Floor Tiles and Patio Blocks
                                          giniTTg Recovered Plastic or Rubber
                                    • Section G-6. Shower and Restroom Dividers
                                       Containing Recovered Plastic or Steel
                                     Section C-7. Latex Paint
                             .Part D. Transportation Products
                             Section D-2. Parking Stops Made from
                               Concrete or Containing Recovered Plastic
                             '  or Rubber
                             Section D-3. Channelizers, Delineators, and
                               Flexible Delineators Containing Recovered
                               Plastic, Rubber, or Steel
                             Part E. Park and Recreation Products
                             Section E-2. Snow Fencing Containing
                               Recovered Plastic

                             Part F. Landscaping Products
                             Section F-3. Garden and Soaker Hoses
                               Containing Recovered Plastic or Rubber
                             Section F-4. Lawn and Garden Edging
                               Containing Recovered Plastic or Rubber

                             Part G. Non-Paper Office Products
                             Section G-6. Printer Ribbons
                             Section G-7. Ink Jet Cartridges
                             Section G-8. Plastic Envelopes
                             Part H. Miscellaneous Products
                             Section H-l. Pallets Containing Recovered
                               Wood, Plastic, or Paperboard

                             I. Specific Recommendations for
                             Procurement of Designated Items

                             Port C—Construction Products

                               Note: Refer to Part F—Landscaping
                             Products for additional items that can be
                             used in construction.

                             Section C-5—Floor Tiles Containing
                             Recovered Plastic or Rubber

                               Preference Progiram:EPA.
                             recommends that, based on the'
                             recovered materials content levels
                             shown in Table C~5, procuring agencies
                             establish minimum content standards
                              for use in floor tiles and patio blocks.
                             The recommended use of floor tiles- •
                             containing recovered materials is
                             limited to the applications cited in the
                             table. The Agency requests additional
                             • information on floor tiles made with
                              recovered materials in other
                              applications such as standard office
                              flooring, •         '            •   .
       TABLE C-5 -RECOMMENDED RECOVERED MATERIALS CONTENT LEVELS FOR FLOOR TILES AND.PATO BLOCKS
                                  • CONTAINING RECOVERED PLASTIC OR RUBBER1
                    Product
Patto Blocks ~—-™..	'•	

Floor Tiles (heavy duty/commercial use)'
                                                                Material
Rubber or rubber blends	
Plastic or plastic blends	
Rubber
Plastic.
                                                                                        Pcstconsumer
                                                                                        materials^)
                                                                                               90-100
                                                        Total recov-
                                                        ered mate-
                                                        rials content
                                                                                                          90-100


                                                                               irpose uses (e.g., raised, open-web tiles for


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                 Federal Register / Vol. 61, No.  217 / Thursday, November 7, 1996 •/' Notices
                                                                     57763
                    Section C-6—Shower and Restroom Dividers Containing Recovered Plastic or Steel
    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 shower and restroom dividers.

     TABLE C-6.—RECOMMENDED RECOVERED MATERIALS CONTENT LEVELS FOR SHOWER AND RESTROOM DIVIDERS
                                     CONTAINING RECOVERED PLASTIC OR STEEL
Product
Shower/Restroom Dividers . 	 	 ; 	 ...

Material
Steel 	 . 	 '. 	
Plastic .......... .......
Postconsumer
content. (%).-
10-15
20-100
Total recov-
ered mate-
rials content
27—100
20-100
  Note: EPA's recommendation does not preclude procuring agencies from purchasing shower and restroom dividers manufactured from an-
 other material, such as wood. It simply recommends that a procuring agency, when purchasing shower and restroom dividers made from plastic
 or steel, purchase these items made with recovered materials when these items meet applicable specifications and performance requirements.
   Specifications: EPA recommends that
 procuring agencies use the following
 specifications when procuring shower .
 and restroom dividers:
   (1) The American Institute of
 Architects (AIA) has issued guidance for
 specifying construction materials,  -
 including plastic and steel dividers. The
 AIA guidance is known throughout the
 construction industry as the
 "Masterspec" and is available through -
 GSA.
   (2) U.S. Army Corps of Engineers'
 Guide Specification CEGS-10160, Toilet
 Partitions.
 Section C-7—Latex Paint

   Preference Program: EPA
 recommends that, based on the  -
 recovered materials content levels  _
 shown in Table C-7, procuring agencies
 establish Tnfniimmi content standards
 for use in purchasing latex paint. EPA
 recommends the use of consolidated.
 paint in limited applications, such as  -
 covering graffiti, where color and
.consistency of performance are not
 primary concerns. The Agency
 recommends the use of reprocessed
 paint for interior and exterior
 architectural applications.

 TABLE C-7.—RECOMMENDED  RECOV-
   ERED  MATERIALS CONTENT LEVELS
   FOR LATEX PAINT
Product
Consolidated
latex paint.
Reprocessed
latex paint.
Material
Left-over
latex paint.
Left-over
latex paint.
Postconsumer
content %
100
. '50-99
  1 Based on  comments received from  its
interagency workgroup, EPA believes that the
content levels recommended in this table may
represent a  limited range of colors, such as
gray, brown, and other  earthtones,  and  re-
quests comments on the availability  of "paint
with postconsumer content in white and lighter
colors.
   Specifications: EPA recommends that
 procuring agencies use the following •
 specifications when procuring
 reprocessed latex paint:.,
   (1) GSA specification TT-P-2846
 covers three types of latex paint
 (interior, exterior, and interior/exterior),
 three classes (fiat, eggshell, and
 semigloss) and three grades (A: 40
 percent Tm'niTrmm  volume solids, B: 30
 percent mfniTtinm  volume solids, and C:
 utility paint for graffiti abatement). GSA
 requires 50 percent postconsumer
 content for Grades A and Band 90
 percent postconsumer content for Grade
 C. GSA specifications also require that
 recycled latex paint contain no more
 than 200 grams per liter of VOCs.
   (2) EPA further recommends that
 procuring agencies refer to performance
 requirements in the GSA specification
 when purchasing reprocessed latex
 paint made from less than 50 percent •  -
 postconsumer content.

 Part D—Transportation Products-

 Section Dr-2-Parking Stops Made from
 Concrete or Containing Recovered
 Plastic or Rubber

   Preference Pro/pom: EPA       .
 recommends that, based on the
- recovered materials content ranges
 shown in Table D-2, procuring agencies
 establish minimum content standards
 for use when purchasing parking stops.'

 TABLE   D-2.-^RECOMMENDED  MATE-'
'  RIALS  CONTENT LEVELS FOR .PARK-
   ING STOPS MADE FROM CONCRETE
   OR  CONTAINING RECOVERED PLAS-
   TIC OR RUBBER
 TABLE  D-2.—RECOMMENDED  MATE-
   RIALS CONTENT LEVELS FOR PARK-
   ING STOPS MADE FROM  CONCRETE
   OR CONTAINING RECOVERED .PLAS-
   TIC OR RUBBER—Continued
Product .

Material
Concrete
containing
" fly ash or
GGBF.
Postconsumer
content (%)
e>
Product
Parking stops
Material
Plastic1 and/
or rubber.
Postconsumer
content (%)
100
  1 Parking stops made with recovered plas-
tics may also include other recovered mate-
rials: such as sawdust, wood, or fiberglass.
The percentage of these materials contained
in the product would also count toward the re-
covered materials content level of the item.
  2 See  recommendations  -for cement  and
concrete containing  recovered materials is-
sued in Section C-3 of the May 1,  1995
RMAN (59 FR 21390).
  Note: EPA's recommendation does not pre-
clude a procuring agency from  purchasing
parking stops •manufactured from another ma-
teriaf. ft simply requires that a procuring agen-
cy, when purchasing parking stops made from
rubber,  plastic, or concrete, .purchase these
items made with recovered materials when
these items meet applicable specifications and
performance requirements.

  Specifications: EPA is not aware of  .
any national specifications for parking
stops and requests information on this
topic.       .;• •    .           '

Section D-3—Temporary Traffic Control
Devices Containing Recovered Plastic,
Rubber, or Steel

  Preferenc&Progcam: EPA
recommends that, based on the
recovered materials content levels
shown in Table D-3, procuring agencies
establish minimum content standards
for use in purchasing channelizers,
delineators, and flexible delineators.

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 57764
Federal Register / Vol. 61, No. 217 / Tfaurso'ay, November  7, 1996 / Notices
TABLE  D-3.— RECOMMENDED  RECOV-
   ERED MATERIALS CONTENT LEVELS
•   FOR  CHANNELIZERS,  DELINEATORS,
   AND  FLEXIBLE  DELINEATORS  CON-
   TAINING RECOVERED PLASTIC, RUB-
   BER, OR STEEL

Product
ChanoeEzers ._


Delineators —




Flexible Delin-
'eators.

Material
Plastic 	
Rubber base
only.
Plastic ..............
Rubber (base
only).
Steel (base
only).
Plastic 	

Post-
consumer
content
25-95
100

25-90
100

25-50

25-65

   Note: EPA's recommendation does not pre>-
 duda a procuring agency from purchasing
 temporary traffic control devices manufactured
 from another material. It simply requires that a
 procuring-  .agency,   when    purchasing
 channelizers, delineators, and flexible delinea-
 tors made from rubber, plastic, or steel, pur-
 chase these items made with recovered mate-
 rials when these items meet applicable speci-
 fications and performance requirements..
   Specifications: EPA recommends that
 procuring agencies use the following
 specifications when procuring •
 temporary traffic control devices,
 including channelizers, delineators,'and
 flexible delineators:
   (1) Hie Federal Highway
 Administration publishes the Manual
 on Uniform Traffic Control Devices,
 which contains specifications used by
 most States for the size, shape;
 mounting, and placement of temporary
 traffic control devices.  . •
   (2) The-States of Florida and North
 Carolina have specifications that require
 the use, of recovered materials in their •,
 flexible delineators. The California
 Department of Transportation
 (CALTRANS) has specifications for
 "Drivable Flexible Plastic Guide Marker
 and Clearance Marker Posts." A copy of
 these specifications are available from
 the RCRA Hotline at 1-800^424-9346.
 Port E—Park and Recreation Products
 Section E-2—Snow Fencing Containing
 Recovered Plastic
   Preference Program: EPA
 recommends that, based on the
                      recovered materials content levels
                      shown in Table E-2, procuring agencies
                      establish minimum content standards
                      for use in purchasing snow fencing.

                      TABLE E-2.—RECOMMENDED RECOV-
                        ERED MATERIALS CONTENT LEVELS
                        FOR  SNOW  FENCING  CONTAINING
                        RECOVERED PLASTIC
TABLE F-3.—RECOMMENDED RECOV-
  ERED MATERIALS  CONTENT LEVELS
  FOR GARDEN  AND  SOAKER  HOSE
  CONTAINING  RECOVERED  PLASTIC
  OR RUBBER
Product
Snow
fencing.
Material
Plastic.....
Post-
consumer
content
60-100
Total re-
covered
mate-
rials
content
90-100
                        Note: EPA's recommendation does not pre-
                      clude  procuring agencies  from  purchasing.
                      snow fencing manufactured from another ma-
                      terial, such as wood. It simply requires that a
                      procuring  agency,  when purchasing snow.
                      .fencing made from plastic, purchase mis item
                      with recovered materials when this item meets
                      applicable specifications and performance re-
                      quirements.

                        Specifications: The State of New York
                      developed a specification for snow
                      fencing containing 50-100 percent
                      recovered material, but discontinued its
                      use because the state did not purchase
                      ' enough fencing to warrant maintaining
                      the specification. New York required
                      orange-colored snow fencing four feet
                      high and 100 feet long. Weight was
                      specified at 48 pounds per 100 foot
                      section, with porosity at 50 percent.
                      Temperature tolerance ranged from —50
                      .to +180 degrees F. Strength
                      specifications required machine
                      direction breaking loading of 1,210
                      pounds per foot-width and a transverse
                      direction breaking load or 340 pounds
                      per foot-width. A copy of this- , '
                      specification is available from the RCRA
                      Hotline at 1-800-424^-9346.

                      Part F—Landscaping Products

                      Section F-3—Garden and Soaker Hoses
                      Containing Recovered Plastic or Rubber

                         Preference Program: EPA
                      recommends that, based on the
                      recovered materials content levels
                      shown in Table F-3, procuring agencies
                      establish minimum content standards
                      for use in purchasing garden and soaker
                      hose.           .
Product
Garden Hose
Soaker Hose
Material
Rubber and/
. or plastic.
Rubber and/
or plastic.
Postconsumer
content (%)
60-65
60-70
  Note 1:  EPA's recommendation does not
preclude a procuring agency from purchasing
garden and soaker hoses manufactured from
another material. It simply requires that a pro-
curing agency, when purchasing garden and
soaker, hoses made from plastic or rubber,
purchase these items, made with  recovered
materials when these items meet  applicable
specifications and performance requirements.
  Note 2: While Green Seal's specification in-
cludes a 50 percent postconsumer content
level for watering hoses,  all companies from
which EPA obtained information, manufacture
gardtn and/or soaker hoses with at least 60
percent postconsumer content

  Specifications: EPA recommends that
procuring agencies use the following
specifications when procuring garden
and soaker hose:
  (1)-ASTMD3901: Consumer
Specification for Garden Hose. The
specification addresses physical and
' performance characteristics (pressure,
tensile, and ripping strength tests) and
states that the material components are
to be agreed upon by the purchaser.and
seller. .           ••'.'•
  (2) Green Seal GC-2: Watering Hoses.
The standard calls for the use of 50
percent postconsumer rubber material
in garden hoses and 6.5 percent
postconsumer rubber material in soaker-
hoses.                          .

 Section F—4—Lawn and Garden Edging
 Containing Recovered Plastic or Rubber

  Preference Program: EPA
 recommends that, based on the
 recovered materials content levels
 shown in Table F-4, procuring agencies
 establish minimum content standards
 for use in purchasing lawn and garden
 edging.

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                 Federal Register / Vol. 61, No. 217 / Thursday, November 7,  1996 / Notices
                                                                   57765
 TABLE  F-4.—RECOMMENDED RECOV-
   ERED MATERIALS CONTENT  LEVELS
   FOR  LAWN  AND  GARDEN EDGING
   CONTAINING  RECOVERED  PLASTIC
   OR RUBBER


Product

Lawn and
garden
edging.


Material

Plastic.
and/or
rubber.

Post-
consumer
content
X%)
30-100


Total re-
covered
mate-
rials
content
30-100


  Note: EPA's recommendation does not pre-
 clude procuring  agencies  from  purchasing
 lawn and garden edging manufactured from
 another material, such as wood. It simply re-'
 quires that a procuring agency, when purchas-
 ing lawn and garden edging made from plastic
 and/or rubber, purchase these  items made
 with  recovered materials when  these items
 meet applicable specifications and perform-
 ance requirements. .
  Specifications: EPA is not aware of
 any  national performance specifications
.for lawn and garden edging and requests
 information on this topic.

 Part G—Non-Paper Office Products

 Section G-6—Printer Ribbons
  Preference Program: Minimum
 content standards are not appropriate
 for remanufoctured items, such as
 printer ribbons, because a core part of
 the item  is reused .in-the new product,
 even though certain components of a
.printer ribbon may contain recovered
 materials. In lieu of content standards,
 EPA recommends that procuring
 agencies adopt one or bothxtf the
 following approaches: (1) procure
 printer ribbon ranking or reloading
 services or (2) procure reinked or
 reloaded printer ribbons. EPA further
. recommends that procuring agencies
 establish policies that give priority to
 reinking or reloading their expended
 printer ribbons. If reinking and
 reloading services are unavailable,
 procuring agencies should attempt to
 purchase reinked or reloaded printer :
 ribbons.
  Specifications: The State of Alabama
 has a specification for reinked ribbons
 which requires the ribbons to be
 vacuum cleaned, reinked, and rewound
 to proper tension. A copy of this
 specification is available from the RCRA
 Hotline at 1-800-424-9346.
 Section G—7—Ink Jet Cartridges
  Preference Program: Minimum
 content standards are not appropriate
 for remanufactured items, such as  .
 refilled ink jet cartridges, because a core
part of the item is reused hi the new
product, even though certain
components of an ink jet cartridge may
contain recovered materials, hi lieu of
minimum content standards, EPA
recommends that procuring agencies
adopt one or both of the following
approaches: (1) procure ink jet cartridge
refilling services or (2) procure refilled
ink jet cartridges. EPA further
recommends that procuring agencies
establish policies that give priority to  •
refilling their ink jet cartridges. If
refilling services are unavailable or
unpractical, then procuring agencies
'should attempt to purchase refilled ink
jet cartridges.
  Specifications: EPA is not aware of
any national specifications for refilled
ink jet cartridges. The Agency identified
a number of procuring agencies that
have purchased these items. For
example, the Internal Revenue Service
of South Florida has purchased the
items for the past five years for use in
the majority of that agency's ink jet
printers and facsimile machines. A copy
of the specification used by the Internal
Revenue Service is available from the
RCRA Hotline  at 1-800-424-9346.
  GSA made ink jet cartridges available
under the Multiple Award Schedule and
the Special Item Number Schedule in
1995.

Section G—8—Plastic Envelopes
  Preference Program: EPA
recommends that, based on the
recovered materials content levels
shown in Table G—8, procuring agencies
establish minimum content standards
for use in purchasing plastic envelopes.

TABLE G-8.—RECOMMENDED RECOV-
  ERED MATERIALS CONTENT LEVELS
  FOR PLASTIC, ENVELOPES


Product

Plastic en-
velopes.


Material

Plastic 	


Post-
consumer
content
(%)
25

Total re-
covered
mate- •
rials
content
25-35

  Note: EPA's recommendation does not pre-
clude a procuring agency from purchasing en-
velopes' manufactured from another material,
such as. paper. It simply requires that a pro-
curing agency, when purchasing envelopes
made  from  plastic, purchase these  items
made from recovered materials  when  these
items meet applicable specifications and per-
formance requirements. When purchasing en-
velopes made from paper, procuring agencies
should consult the Paper Products  RMAN
which was issued in the FEDERAL REGISTER on
May 29,1996 at 61 FR 26985.
  Specifications: The General Services
Administration (GSA), Government
Printing Office (GPO) and U.S. Postal
Service (TJSPS) all currently purchase
plastic envelopes made from Tyvek®
containing recovered HDPE. GSA
specifies "DuPont Tyvek® or equal."
TJSPS requires "DuPont Tyvek®," and
GPO requires "white spunbonded
polyethylene with the characteristics of
DuPont's product no. 1073." The title of
the solicitation, however, states
"Tyvek® envelopes or similar."
  The U.S. Navy requests that plastic
envelopes not be sent to ships in order
to minimize onboard disposal of plastic.

Port H—Miscellaneous Products

Part H-l—Pallets Containing Recovered
Wood, Plastic, or Paperboard

  Preference Program.-EPA
recommends that, based on the
recovered materials content levels
shown in Table H—1, procuring agencies
establish minimum content standards
for use in'purchasing pallets. EPA
requests additional information on the
performance of virgin versus recovered
content plastic pallets for non-military
Federal agency use and military
applications.     '

TABLE Hr-1 .—RECOMMENDED RECOV-
  ERED MATERIALS CONTENT LEVELS
  FOR. PALLETS CONTAINING  RECOV-
  ERED WOOD,  PLASTIC," OR PAPER-
  BOARD
Product
Wooden pallets
Plastic pallets
Paperboard pal-
lets.
Material
Wood ..„ 	
Plastic .: 	
Paperboard . —
Post-
consumer
content
95-100
100
50
  Note: EPA's recommendation does not pre-
clude a procuring agency from purchasing pal-
lets manufactured from another material.  It
simply requires that a procuring agency, when
purchasing pallets made from wood, plastic, or
paperboard, purchase these items made with
recovered materials  when these items meet
applicable specifications and performance re-
quirements.

-------
  Specifications: EPA recommends that
procuring agencies use the following
specifications when procuring pallets:
 •(I) The Grocery .Manufacturers of
America issued a widely used standard
for 48 by 40-inch stringer pallets known
as the "GMA spec." A copy of this
specification is available from the RCRA
Hotline at 1-800-424-9346.
  (2) The National Wooden Pallet and
Container Association is developing a
standard through the American National
Standards Institute (ANSI)  for repairable
48 by 40-inch lumber-deck pallets. The
ANSI standard is scheduled for release
in Fall 1996.
tFR Doc. 96-28735 Filed 11-6-96; 8:45 am]
BtUJHQ CODE 66W-50-P

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