£PA
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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
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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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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
-------
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
-------
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
-------
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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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.
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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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