EPA-530-Z-98-005
           Wednesday
     J[    August 26, 1998
r  I   i
           Part II



           Environmental

           Protection Agency

           40 CFR Part 247
           Comprehensive Guideline for
           Procurement of Products Containing
           Recovered Materials; Proposed Rule
                                     45557

-------

-------
 45558
Federal Register/Vol.  63,  No. 165/Wednesday, August 26,  1998/Proposed Rules
 ENVIRONMENTAL PROTECTION
 AGENCY

 40 CFR Part 247
 [SWH-FRL-6151-8]
 RIN 2050-AE23

 Comprehensive Guideline for
 Procurement of Products Containing
 Recovered Materials

 AGENCY: Environmental Protection
 Agency.
 ACTION: Proposed rule.

 SUMMARY: The Environmental Protection
 Agency (EPA or the Agency) today is
 proposing an amendment to the May 1,
 1995 Comprehensive Procurement
 Guideline (CPG). EPA is proposing to
 designate the following 19 new items
 that are or can be made with recovered
 materials: nylon carpet with backing
 containing recovered materials, carpet
 cushion, flowable fill, railroad grade
 crossing surfaces, park and recreational
 furniture, playground equipment, food
 waste compost, plastic lumber
 landscaping timbers and posts, solid
 plastic binders, plastic clipboards,
 plastic file folders, plastic clip
 portfolios, plastic presentation folders,
 absorbents and adsorbents, awards and
 plaques, industrial drums, mats,
 signage, and manual-grade strapping.
  The CPG implements section 6002 of
 the Resource Conservation and
 Recovery Act (RCRA), which requires
 EPA to designate items that are or can
 be made 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.
                        DATES: EPA will accept public
                        comments on this proposed rule until
                        October 26, 1998.
                        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 Street,  SW., Washington, DC 20460.
                        Please place the docket number F-98-
                        CP3P-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 (RIC), located at:
                        U.S. Environmental Protection Agency,
                        1235 Jefferson Davis Highway, Ground
                        Floor, Crystal Gateway One, Arlington,
                       VA 22202. The RIC is open from 9 a.m.
                       to 4 p.m. Monday through Friday,
                       except for Federal holidays. The public
                       must make an appointment to review
                       docket materials. Call (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 TDD (800)
 553-7672 (hearing impaired). In the
 Washington, DC metropolitan area, call
 (703) 412-9810 or TDD (703) 412-3323.
 For technical information on individual
 item designations, contact Terry Grist at
 (703) 308-7257.
 SUPPLEMENTARY INFORMATION :

 Regulated Entities

   This action may potentially affect
 those "procuring agencies"—a term
 defined in RCRA section 1004(17)—that
 purchase the following: nylon carpet,
 carpet cushion, flowable fill, railroad
 grade crossing surfaces, park and
 recreational furniture, playground
 equipment, food waste compost,
 landscaping timbers and posts, binders,
 clipboards, file folders, clip portfolios,
 presentation folders, absorbents and
 adsorbents, industrial drums, awards
 and plaques, mats, signage, and manual-
 grade strapping. 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 REQUIREMENTS TRIGGERED BY CPG AMENDMENTS
                Category
                                                 Examples of regulated entities
Federal Government

State Government ....

Local Government....

Contractor  	
                        Federal departments or agencies that procure $10,000 or more worth of a designated item in
                          a given year.
                        A State agency that uses appropriated Federal funds to procure $10,000 or more worth of a
                          designated item in a given year.
                        A local agency that uses appropriated 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 appropriated Federal  funds that purchases
                          $10,000 or more worth of a designated 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
                       this action to a particular entity, consult
                       the individuals listed in the preceding
                       FOR FURTHER INFORMATION CONTACT
                       section.

                       Preamble Outline
                       I. Authority
                       II. Background
  A. Criteria for Selecting Items for
    Designation
  B. Request for Comments
  C. Additional Information
III. Definitions
IV. Construction Products
  A. Nylon Carpet with Backing Containing
    Recovered Materials
  1. Background
  2. Rationale for Designation
  3. Preference Program
  B. Carpet Cushion

-------
               Federal Register /Vol. 63. No.  165/Wednesday, August 26,  1998/Proposed Rules
                                                                      45559
  1, Background
  2, Rationale Tor Designation
  C, Flowable Fill
  1. Background
  2. Rationale for Designation
  D, Railroad Grade Crossing Surfaces
  1. Background
  2. Rationale for Designation
  3. Preference Program
V. Park and Recreation Products
  A= Park and Recreational Furniture
  I, Background
  2, Rationale for Designation
  B. Playground Equipment
  1. Background
  2, Rationale for Designation
VI, Landscaping Products
  A, Plastic Lumber Landscaping Timbers
    and Posts
  1, Background
  2. Rationale for Designation
  B, Food Waste Compost
  1, Background
  2, Rationale for Designation
VII. Non-Paper Office Products
  A. Plastic Binders, Clipboards, File
    Folders, Clip Portfolios, and Presentation
    Folders
  1. Background
  2, Rationale for Designation
VBK Miscellaneous Products
  A. Sorbents
  1, Background
  2. Rationale for Designation
  B, Industrial Drums
  I, Background
  2, Rationale for Designation
  C, Awards and Plaques
  1. Background
  2, Rationale for Designation
  D. Mats
  1, Background
  2. Rationale for Designation
  E. Slgnage
  1, Background
  2. Rationale for Designation
  F. Strapping and Stretch Wrap
  1. Background
  2. Rationale for Designation
IX. Designated Item Availability
X, Items Dropped from Further Consideration
XI, Regulatory Assessments
  A. Requirements of Executive Order 12866
  1, Summary of Costs
  2, Product Cost
  3. Summary of Benefits
  B. Unfunded Mandates Reform Act of 1995
    and Consultation with State, Local, and
    Tribal Governments
  C. Impacted Entitles
  D. Regulatory Flcjdblllty Act
  E, Executive Order 13045: Protection of
    Children from Environmental Health
    Risks and Safety Risks
  F. The National Technology Transfer and
    Advancement Act
  G.Exccutlve Order 13084
XII. 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 RCRA 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 RCRA
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 first CPG (CPG
I) was published on May 1, 1995 (60 FR
21370). It established 8 product
categories, designated 19 new items,
and consolidated 5 earlier item
designations. The first CPG update (CPG
II) was published on November 13, 1997
(62 FR 60962), and designated an
additional 12 products.
  Today, in CPG HI, EPA is proposing
to designate the following 19  additional
items:
Construction Products
Nylon carpet with backing containing
  recovered materials
Carpet cushion
Flowable fill
Railroad grade crossing surfaces

Park and Recreation Products
Park benches and picnic tables
Playground equipment

Landscaping Products
Food waste compost
Plastic lumber landscaping timbers and
  posts
Non-Paper Office Products
Solid plastic binders
Plastic clipboards
Plastic file folders
Plastic clip portfolios
Plastic presentation folders

Miscellaneous
Absorbents and adsorbents
Industrial drums
Awards and plaques
Mats
Non-road signs, including sign supports
  and posts
Manual-grade strapping
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 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) the item fails to meet
the performance standards set forth in
the agency's specification, or (3) the
item is available only at an
unreasonable price.
  EPA recognized that the above 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 RCRA 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 III.
Thus, the Agency developed the
following criteria for use in selecting

-------
 45560	Federal Register/Vol. 63, No. 165/Wednesday. August  Z6,  1998/Proposed Rules
 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 II of the
 document entitled,  "Background
 Document for Proposed CPG III and
 Draft RMAN III." 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 paper and  paper
 products, the Agency designates broad
 categories of items and provides
 information in the related RMAN as to
 their appropriate applications or uses.
 For other items, such as plastic trash
 bags, EPA designates specific items,
 and, in some instances, includes in the
 designation the specific types of
 recovered materials or applications to
 which the designation applies. The
 Agency explained these approaches to
 designating items in the preamble to
 CPG I (60 FR 21373, May  1, 1995).
  EPA sometimes had 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 erroneously
believe that the designation of a broad
category of items in a 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 CPGs and
  RMANs. 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 the 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 V-X of the  "Supporting
 Analyses" background document.
 Sections IV-VIII of this preamble
 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 IV through VIII.
  EPA also is requesting comment on
 the draft RMAN III published 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.
  Section 503 of E.O. 12873 directs EPA
to issue guidance that recommends
principles that Executive agencies
should use in making determinations for
the preference and purchase of
environmentally preferable products
(EPP). On September 29, 1995, EPA  .
issued guides on environmentally
  preferable product purchasing (see 60
  FR 50721-50735) and has undertaken a
  series of case studies on various
  products to identify multi-faceted
  environmental performance
  characteristics and attributes that
  should be considered when purchasing
  products that are considered
  environmentally preferable. The agency
  is interested in identifying
  environmental attributes considered
  important when buying
  environmentally preferable sorbent
  materials (i.e., absorbents and
  adsorbents) and is requesting comments
  in this regard in today's notice.
   Specifically, the Agency is interested
  in developing an approach for
  presenting information related to the
  reusability of sorbents and the disposal
  options for sorbents. Information on
  reusability and disposal is relevant to
  the environmental impact of sorbents
  and is of interest to many purchasers,
  but the interpretation of information on
  these attributes is often complicated by
  the specific circumstances of the user.
  The Agency would appreciate ideas on
  how standard measures or descriptors
  for reusability and disposal could be
  coupled with appropriate qualifiers and
  other explanatory materials to convey
 useful information to purchasers.
 Commenters should take note that this
 request is for information pertaining to
 the Agency's EPP program and that
 information obtained through this
 request is not in any way related to, nor
 will it be used for the purposes of
 today's proposed designation of
 sorbents under the CPG. Information
 obtained by this request will be used to
 help the agency evaluate the
 appropriateness of issuing future
 guidance on the environmental
 attributes of sorbents under the
 Agency's program for EPP.

 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 "Background Document for
 Proposed CPG III and Draft RMAN HI."
 Information on obtaining this
 background document is provided in
 Section XII, Supporting Information and
 Accessing Internet.

 III. Definitions
  For several items being proposed for
 designation, EPA recommends two-part
content levels in the draft RMAN III—
a postconsumer recovered content
component and a total recovered

-------
               Federal  Register/Vol. 63, No. 165/Wednesday. August 26. 1998/Proposed  Rules
                                                                    45561
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
lo acknowledge the contribution to the
reduction in solid waste made by the
use by one manufacturer of another
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 here as a
reference for the convenience of the
reader, These definitions can be found
in 40 CFR 247.3. The Agency is not
proposing to change these definitions
and will not consider any comments
submitted on these terms,
  PosKoasumer 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 that 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.
IV. Construction Products
  A= Nylon Carpet With Backing
Containing Recovered Materials
  The information obtained by EPA
demonstrates that nylon carpet tiles and
broadloom carpet made with backing
containing recovered materials are
commercially available. Today, in
§247.12(h), EPA proposes to designate
nylon carpet (broadloom and tiles) made
with backing containing recovered
materials as an  item whose procurement
will carry out the objectives of section
6002ofRCRA.
  A final designation would not
preclude a procuring agency from
purchasing broadloom carpet or carpet
tiles made from other materials, such as
wool. It simply requires that a procuring
agency, when purchasing nylon carpet
tiles or nylon broadloom carpet,
purchase these  items with backing
containing recovered materials when
they meet applicable specifications and
performance requirements. EPA
reminds procuring agencies, however,
that the Agency had previously
designated polyester carpet for use in
low- and medium-wear applications.
See 60 FR 21370, May 1. 1995.
   EPA is not aware of manufacturers of
other types of carpet (e.g., wool,
polyester) using backing containing
recovered materials. For this reason,
EPA Is limiting the scope of today's
proposed designation to nylon carpet.
EPA requests information about
manufacturers of other types of carpet
using recycled-content backing.

1. Background
  Carpet backing is a layer of woven or
nonwoven material used to hold carpet
fibers in place and provide structural
support. Broadloom carpet, meaning roll
goods in 12-foot widths, for wall-to-wall
installation, generally is comprised of
face fibers inserted into a primary
backing, which is usually made of
polypropylene materials. The fibers are
then locked or glued into place by a
layer of latex adhesive. A secondary
backing made of polypropylene or jute
fiber then is applied to provide stability.
Carpet squares or tiles are manufactured
first as broadloom carpet. A sheet made
of polypropylene or other material is
added for stability, and a secondary
backing made of polyvinyl chloride
(PVC),  polyurethane, or other hardback
material is applied. The carpet is then
cut into squares, usually 18"x 18". The
tiles are used in modular flooring
systems, such as in office settings, and
can offer more flexibility than
broadloom carpet because individual
tiles can be replaced when they become
worn.
  When EPA proposed to designate
carpet in the 1994 CPG I, the Agency
had identified only one manufacturer
using recovered materials to make
carpet backing, and this company used
its own manufacturing scrap. EPA stated
that it was not considering carpet
backing for designation because only
one manufacturer had been identified.
See 59 FR 18873, April 20, 1994.
  Since then, a carpet manufacturer has
developed a process to use material
from old carpet to produce new backing
for its nylon carpet tiles and broadloom
carpet. Both the carpet tiles and
broadloom carpet made with backing
containing recovered materials are now
commercially available and are sold at
the same price as conventional nylon
carpet tiles and nylon broadloom carpet.

2. Rationale for Designation
  EPA believes that nylon carpet tiles
and broadloom carpet made with
backing containing recovered materials
meet the statutory criteria for selecting
items for designation.
  a. Use of materials in solid waste.
Carpets and rugs account for 2.2 million
tons, or 1.1% of municipal solid waste
generated annually. About 2 pounds of
recovered materials can be used in the
backing for each carpet tile. Thus, for
each 1,000 square yards of carpet tiles
with recovered-content backing
purchased, approximately 2,000 pounds
of materials are diverted from the waste
stream.
  b. Technically proven uses. One
manufacturer has developed the
technology to use recovered carpet to
manufacture new PVC carpet backing,
and at least two other manufacturers are
experimenting with using recovered
materials in vinyl backing. According to
the manufacturer, recovered-content
PVC carpet backing performs as well as
virgin backing and meets the company's
performance specifications. The
manufacturer provides a 15-year
warranty with the product and plans to
use the recovered-content backing as its
standard tile backing.
  Nylon broadloom carpet and carpet
tiles made with recovered-content
backing are available nationally. This
item also is available to Federal agencies
through the U.S. General Services
Administration's (GSA) contract GS-
OOF-8453-A .
  Recovered materials can be used only
in PVC backing at this time.
Manufacturers of polypropylene
primary and secondary backings have
found it to be technologically and
economically infeasible to manufacture
carpet backing with recycled
polypropylene at this time. EPA
requests current information from
manufacturers of polypropylene
backings on the technological feasibility
of using recovered  materials in their
backings.
  c. Impact of government procurement.
Although EPA was not able to obtain
any quantitative information, virtually
all government agencies purchase
broadloom carpet and/or carpet tiles.
Use of broadloom carpet and carpet tiles
made with recovered content backing
will create  a market for this item and
demonstrate its performance.
3. Preference Program
  EPA recognizes that the choice of
carpet fiber—wool, nylon, polyester—
depends on the performance needs for
a given application. EPA is not requiring
procuring agencies to limit their choices
to polyester carpet containing recovered
materials or to nylon carpet made with
backing containing recovered materials.
Rather, the effect of the previous
designation of polyester carpet and
today's proposed designation of nylon
carpet with backing containing
recovered materials is to require
procuring agencies to determine their
performance needs, determine whether
carpet products containing recovered
materials meet those  needs, and to
purchase carpet products containing
recovered materials to the maximum
extent practicable,  as required by RCRA
section 6002.

-------
 45562
Federal  Register/Vol. 63,  No. 165/Wednesday, August 26,  1998/Proposed Rules
 B. Carpet Cushion
   The information obtained by EPA
 demonstrates that bonded polyurethane
 foam carpet cushion, carpet cushion
 made from jute and synthetic fibers, and
 rubber carpet cushion containing
 recovered materials are commercially
 available. Today, in §247.12(1), EPA
 proposes to designate carpet cushion
 made from bonded polyurethane, jute,
 synthetic fibers, or rubber containing
 recovered materials as an item whose
 procurement will carry  out the
 objectives of section 6002 of RCRA.
   A final designation would not
 preclude a procuring agency from
 purchasing carpet cushion made from
 other types of materials, such as prime
 polyurethane foam. It simply requires
 that a procuring agency, when
 purchasing bonded polyurethane, jute,
 synthetic fiber, or rubber carpet
 cushion, purchase this item containing
 recovered materials when it meets
 applicable specifications and
 performance requirements.
 1. Background
   Carpet cushion, also known as carpet
 underlay, is padding placed beneath
 carpet. Carpet cushion improves the
 acoustical and thermal insulation
 properties of carpet, reduces the impact
 caused by foot traffic or furniture
 indentation, enhances comfort, and
 prolongs appearance. It  is available in a
 variety of thicknesses and is used in
 both residential and commercial
 settings. Cushions made from bonded
 polyurethane, jute, synthetic fiber,  and
 rubber can be made with recovered
 materials.
  When EPA proposed to designate
 carpet in the 1994 CPG I, the Agency
 was aware of only one manufacturer
 using recovered materials to make
 carpet cushion. EPA stated that it was
 not considering carpet cushion for
 designation because only one
 manufacturer had been identified. See
 59 FR 18873, April 20, 1994. EPA has
 now identified at least 12 manufacturers
 of carpet cushion containing recovered
 materials.
 2. Rationale for Designation
  EPA believes that carpet cushion
 containing recovered materials meets
 the statutory criteria for selecting items
 for designation.
  a. Use of materials in solid waste.
 About 70 percent of all bonded
 polyurethane is made from recovered
 materials, including postconsumer
recovered carpet cushion. Jute carpet
cushion can be made from
postconsumer burlap. Synthetic fiber
cushions are made from  100 percent
                        recovered scrap from the carpet
                        fabrication process or purchased from
                        processors. Rubber carpet cushions
                        contain up to 90 percent postconsumer
                        rubber from old tires. Thus,
                        procurement of carpet cushion
                        containing recovered materials can
                        create markets for postconsumer carpet
                        cushion, burlap, and tire rubber, as well
                        as carpet manufacturing scrap.
                          b. Technically proven uses. At least
                        12 companies manufacture carpet
                        cushion from recovered materials.
                        According to the manufacturers, their
                        products perform as well as carpet
                        cushions made with virgin materials in
                        terms of cushioning and durability and
                        meet standards set by the Carpet and
                        Rug Institute and the Carpet Cushion
                        Council. These standards include
                        requirements for density, thickness,
                        tensile strength, and elongation.
                          The manufacturers distribute their
                        products nationwide through
                        distributors. Additionally, GSA offers
                        urethane, jute, synthetic fiber,  and
                        rubber carpet cushions through its
                        carpet schedule.
                          c. Impact of government procurement.
                        Although not all government agencies
                        use carpet cushion, GSA informed EPA
                        that Federal agencies spent slightly
                        more than $1 million on carpet cushion
                        between October 1992 and May 1997.
                        Federal agencies purchase carpet
                        cushion either directly or through the
                        GSA schedule. Use of carpet cushion
                        containing recovered materials,
                        particularly postconsumer materials,
                        will expand markets for this item and,
                        thereby, create additional markets for
                        the recovered materials used by the
                        carpet cushion manufacturers.
                        C. Flowable Fill
                         The information  obtained by EPA
                       demonstrates that flowable fill  (or
                       controlled low-strength materials)
                       containing coal fly  ash and/or ferrous
                       foundry sands are commercially
                       available. Today, in §247.120), EPA
                       proposes to designate flowable  fill
                       containing coal fly  ash and/or ferrous
                       foundry sands as an item whose
                       procurement will carry out the
                       objectives of section 6002 of RCRA. A
                       final designation would not preclude a
                       procuring agency from purchasing other
                       types of fill materials, such as
                       conventional concrete or compacted
                       soil. It simply requires that a procuring
                       agency, when purchasing or contracting
                       for the use of flowable fill, purchase this
                       item containing recovered materials
                       when it meets applicable specifications
                       and performance requirements.
                         EPA is aware of one manufacturer
                       using ground blast furnace slag  in
                       flowable fills. Because EPA has only
 limited information from one company
 on the use of ground blast furnace slag
 in flowable fill applications, the Agency
 is not proposing to designate this item
 in today's notice. However, EPA
 requests information on (1)  other
 manufacturers or users of flowable fills
 containing blast furnace slag and (2) the
 performance and availability of this
 item.

 1. Background
   Flowable fill, or controlled low-
 strength material, is a wet, flowable
 slurry that is used as an economical fill
 or backfill material. Flowable fill flows
 like a liquid, sets like a solid, is self-
 leveling, and requires no compaction or
 vibration to achieve maximum density.
 It can take the place of concrete,
 compacted soils, or sand commonly
 used to fill around pipes and in utility
 trenches or other void areas. Although
 it can replace concrete, flowable fill is
 not considered to be a low strength
 concrete or a compacted soil-cement.
 Other names for flowable fill include
 flowable mortar, controlled low-strength
 material, lean mix backfill, lean fill,
 controlled density fill, unshrinkable fill,
 flowable fly ash, hydraulic cement, low
 strength slurry backfill, flowable
 backfill, and flowable grout.
   Applications for flowable fill include
 backfill in sewer and utility trenches,
 building excavations, bridge abutments,
 and conduit trenches; and
 miscellaneous uses such as retaining
 wall backfill and filling abandoned
 wells, sewers, manholes, and
 underground storage tanks.
  Because it does not require
 compaction or vibration, flowable fill
 can be a cost-effective fill material.
 According to the American Concrete
 Institute, advantages of flowable fill
 include reduced labor and equipment
 requirements because it is self-leveling;
 versatility in terms of flowability,
 strength, and setting times; higher load-
 carrying capacity than compacted soil or
 granular fill; reduced excavation costs;
 and improved worker safety because
 flowable fill can be placed without
 workers entering the trench.1

 2. Rationale for Designation
  EPA believes that flowable fill
 containing recovered materials meets
 the statutory criteria for selecting items
 for designation.
  a. Use of materials in solid waste. The
 two primary recovered materials used in
 flowable fill are coal fly ash and spent
ferrous foundry sands. Only 25 percent
  i ACI229R-94, "Controlled Low Strength
Materials (CLSM)," American Concrete Institute,
December 1994.

-------
               Federal Register/Vol.  63.  No. 165/Wednesday, August 26, 1998 /Proposed Rules
                                                                    45563
of the coal fly ash and 20 percent of the
foundry sand generated annually
currently are recovered and used.
Therefore, EPA believes it is appropriate
to develop additional markets for these
materials.
  Either Class F or Class C coal fly ash
can be used In flowable fill. While both
ferrous and non-ferrous foundry sands
can be used in flowable fill mixtures,
typically non-ferrous foundry sands are
hazardous waste due to their lead  and
cadmium content. Accordingly, heavy
metal content may preclude their use in
flowable fill mixtures. In contrast,
ferrous foundry sands are not known to
be hazardous waste. For this reason,
EPA is limiting today's proposed
designation to flowable fill containing
ferrous foundry sands.
  b. Technically proven uses.
Substantial information about using coal
fly ash has been accumulated by the
Federal Highway Administration and
state highway and transportation
departments. The American Concrete
Institute has developed a specification
for flowable fill containing coal fly ash.
EPA is aware that both the American
Society for Testing and Materials
(ASTM) and the American Association
of State Highway and Transportation
Officials (AASHTO) are developing
specifications for flowable fill
containing coal fly ash. ASTM has
developed several test methods for
flowable fill containing coal fly ash. In
addition, the American Concrete
Institute Is revising its report on
controlled low strength materials (i.e.,
flowable fill). These test methods are
listed in "Background Document for
Proposed CPG III and Draft RMAN III"
and Table C-lOc of the draft RMAN III
published in the Notice section of
today's Federal Register. In addition,
more than 20 states have specifications
for flowable fill containing coal fly ash,
including California. Colorado,
Delaware, Florida, Georgia, Illinois,
Indiana, Kansas, Kentucky, Maryland,
Massachusetts, Michigan, Minnesota,
Nebraska, New Hampshire, New
Mexico. North Carolina, Ohio,  Texas,
Washington, West Virginia, and
Wisconsin.
  There currently are no national  test
methods or specifications for flowable
fill mixtures containing ferrous foundry
sand. At least one state, Ohio, has a
specification for flowable fill containing
foundry sand, and several other states
and FHWA are developing
specifications or guidelines.
   c. Impact of government procurement.
State and local transportation
departments are one of the largest
markets for flowable fill, and they use
federal funds for road repair and
construction. Their use of flowable fill
containing coal fly ash and/or ferrous
foundry sands will create markets for
these recovered materials as well as
provide additional information about
the performance of this product.
  Coal fly ash and ferrous foundry
sands are not universally available
throughout the United States. In
addition, in some parts of the U.S., they
might not be economically competitive
with local fill materials. EPA reminds
procuring agencies that, under RCRA
section 6002, they are not required to
purchase an EPA-designated item
containing recovered materials if that
item is not reasonably available or only
available at an unreasonable price.
However,  EPA believes that, as
procuring agencies learn more about the
performance of flowable fill and its
positive impact on in-place costs, they
will be more willing to use it.
D. Railroad Grade Crossing Surfaces
  The information obtained by EPA
demonstrates that railroad grade
crossing surfaces containing recovered
materials are commercially available.
Today, in §247.12(k), EPA proposes to
designate  railroad grade crossing
surfaces containing coal fly ash,
recovered rubber, or recovered 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 railroad grade crossing
surfaces manufactured from another
material, such as asphalt or wood. It
simply requires that a procuring agency,
when purchasing concrete, rubber, or
steel railroad grade crossing surfaces,
purchase these items made with
recovered materials when they meet
applicable specifications and
performance requirements. In particular,
EPA is aware that many states have
developed guidelines or criteria for use
in selecting a crossing surface. Different
crossing grade surfaces may be
appropriate for different settings, based
on highway traffic and functional
classification, types of vehicles using
the crossing, railroad traffic and truck
classification, condition of the approach
surface, engineering judgment, costs,
and the expected life of the surface.
  The information obtained by EPA
indicates that it is not feasible to use
reclaimed asphalt in asphalt railroad
grade surface crossings because asphalt
recycling equipment is designed for
operation on highways and roads, not
on smaller projects such as railroad
crossings. EPA does not believe that
crumb rubber modified asphalt can be
used in railroad grade crossings because
of cost and performance constraints.
EPA requests information on the use of
either reclaimed asphalt or crumb
rubber modified asphalt in railroad
grade crossing surfaces.
  EPA did not identify any
manufacturers using ground granulated
blast furnace (GGBF) slag or other
recovered materials in concrete railroad
grade crossing surfaces. EPA requests
information about the feasibility of
using GGBF slag or other recovered
materials in this application.
  Plastic lumber is being used in the
manufacture of railroad ties and could
be used as a component  of grade
crossings in the future. Testing of plastic
lumber railroad ties at the Association
of American Railroads' test track near
Pueblo, Colorado currently is underway.
Depending on the test results, EPA will
consider designating this item in the
future.
1. Background
  Railroad grade crossings are surfacing
materials placed between railroad
tracks, and between the track and the
road at highway and street railroad
crossings, to enhance automobile and
pedestrian safety. Railroad grade
crossings can be made of wood, asphalt,
concrete, rubber, metal, or
unconsolidated materials, such as
crushed stone. Currently, over half of
existing railroad grade crossing surfaces
are asphalt, followed by  wood (32%),
unconsolidated materials (10%), rubber
(4%), and concrete (2%). However, the
use of concrete and rubber surfaces is
increasing.
2. Rationale for Designation
  EPA believes that railroad grade
crossing surfaces containing recovered
materials meet the statutory criteria for
selecting items for designation.
  a.  Use of materials in solid waste.
Concrete, rubber, and steel railroad
grade crossing surfaces can be made
with recovered materials. Concrete
railroad grade crossing surfaces can
contain coal fly ash, which is either
used by the manufacturer of the
concrete railroad crossing or by the
ready mix concrete company supplying
the crossing to distributors. While there
are other applications for coal fly ash,
including concrete used in highway and
building construction, only 25% of the
coal fly ash generated annually is
recovered. Therefore, EPA believes that
other markets for coal fly ash should be
developed. Each railroad crossing could
use as much as 1.5 tons of coal fly ash.
  Rubber railroad grade  crossing
surfaces contain tire buffings from tire
retreading operations, crumb rubber
from scrap tires, and off-specification
virgin rubber. As with coal fly ash, there

-------
  45564
Federal Register/Vol.  63, No.  165/Wednesday, August 26, 1998/Proposed Rules
 are other uses for scrap tires and other
 applications for crumb tire rubber.
 However, additional markets for crumb
 rubber are needed.
   All domestic steel contains recovered
 materials. Depending on the process
 used to manufacture the steel, the
 railroad grade crossing surface can
 contain up to 100 percent recovered
 steel.
   b. Technically proven uses. As
 discussed in "Background Document for
 Proposed CPG III and Draft RMAN III,"
 concrete, rubber, and steel railroad
 grade crossing surfaces containing
 recovered materials are available and in
 use throughout the United States. At
 least two companies use coal fly ash in
 the manufacture of concrete railroad
 grade crossing surfaces, and EPA
 believes that many concrete crossing
 surface distributors may sell products
 containing coal fly ash because more
 than half of the concrete suppliers in the
 U.S. use coal fly ash. There are three
 manufacturers of rubber railroad grade
 crossing surfaces that use tire buffings
 and/or crumb rubber, while a fourth
 manufacturer uses off-specification
 virgin rubber. As previously noted, all
 steel railroad grade crossing surfaces
 contain  recovered steel.
   EPA found conflicting information
 about the performance of concrete and
 rubber railroad grade crossing surfaces
 containing recovered materials. Users
 generally are satisfied with concrete
 surfaces. The weight of concrete systems
 can be a problem during track
 maintenance, however, although
 equipment exists to remove the concrete
 slabs. In addition, as the wooden
 railroad ties under concrete systems
 deteriorate over time, the concrete can
 become unstable. It is believed that, if
 the performance of plastic lumber
 railroad  ties is proven, their use, in
 conjunction with concrete surfaces, will
 eliminate this problem.
   Proper installation and the use of full-
 depth rubber crossings appear to be key
. factors in the successful use of these
 items. Rubber crossings also seem to  be
 preferable for roads with lighter traffic
 flow and lighter vehicles.
   Both concrete and rubber railroad
 grade crossing surfaces can cost more
 initially  than traditional wood or
 asphalt crossing surfaces but generally
 last longer and can be reused after track
 maintenance, which reduces their cost
 over their life cycle.
   EPA did not identify any national
 specifications or standards that either
 require or preclude the use of recovered
 materials in railroad crossings. The
 ASTM and AASHTO specifications for
 blended hydraulic cement and the
 ASTM test methods for coal  fly ash can
                        be used for concrete railroad grade
                        crossings. There are nine ASTM test
                        methods and a classification system for
                        rubber products that can be used when
                        purchasing rubber railroad grade
                        crossing surfaces. These are listed in
                        "Background Document for Proposed
                        CPG III and Draft RMAN III" and in
                        Section D-4 of the draft RMAN III
                        published in the Notice section of
                        today's Federal Register.
                          c. Impact of government procurement.
                        All levels of government install or
                        contract for the installation of railroad
                        grade crossing surfaces. Funds for the
                        purchase of railroad grade crossings are
                        available under the  Surface
                        Transportation Program of the
                        Intermodal Surface Transportation
                        Efficiency Act of 1991. At least 10
                        percent of these funds must be set aside
                        for Rail-Highway Crossings and Hazard
                        Elimination programs, which can
                        include improvements to crossing
                        surfaces. By considering the use of
                        concrete, rubber, or  steel surfaces
                        containing recovered materials,
                        procuring agencies will increase
                        markets for these items and demonstrate
                        their performance.
                        3. Preference Program
                          Based on comments  submitted on the
                        proposed CPG I, EPA is aware that
                        procuring agencies will be concerned
                        that the designation  of a product such
                        as railroad grade crossing surfaces,
                        instead of a component of that product,
                        would dictate design decisions based
                        solely on recovered materials content
                        and not upon engineering
                        considerations of each  individual
                        project. Procuring agencies should keep
                        in mind that neither RCRA section 6002,
                        Executive Order 12873, nor the Federal
                        Acquisition Regulation (FAR)2 require
                        recovered materials content to
                       supersede engineering  considerations.
                        Both RCRA section 6002 and Executive
                        Order 12873 require  a procuring agency
                       to purchase EPA-designated items
                       containing recovered materials to the
                       maximum extent practicable, unless the
                       items "fail to meet the performance
                       standards set forth in the applicable
                       specifications or fail  to  meet the
                       reasonable performance standards of the
                       procuring agencies." RCRA section
                       6002(c)(l)(B).
                         Procuring agencies and their
                       engineers and contractors are required,
                       however, to affirmatively consider the
                        2 Recent revisions to the FAR provide that
                       procuring agencies must require engineers to
                       specify the "use of the maximum practicable
                       amount of recovered materials consistent with the
                       performance requirements, availability, price
                       reasonableness, and cost-effectiveness." 48 CFR
                       §36.601-3(a).
  use of items containing recovered
  materials for the specified application.
  In the case of railroad grade crossing
  surfaces, this might require
  reconsideration of the agency's
  guidelines or criteria used in selecting a
  crossing surface in order to permit the
  use of products containing recovered
  materials where appropriate.

  V. Park and Recreation Products

  A. Park Benches and Picnic Tables
   The information obtained by EPA
  demonstrates that park benches and
  picnic tables made with recovered
  materials  are commercially available.
  Today, in §247.14(c), EPA proposes to
  designate park benches and picnic
  tables containing recovered steel,
  aluminum, plastic, or concrete 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 park benches  and picnic
 tables made from other materials. It
 simply requires that a procuring agency,
 when purchasing steel, aluminum,
 plastic, or concrete park benches and
 picnic tables, purchase these items
 containing recovered materials when
 they meet applicable specifications and
 performance requirements.
   When studying park and recreational
 furniture, EPA concentrated its research
 on park benches and picnic tables, but
 requests comments on any other items
 in this category  that commenters believe
 are made with recovered materials and
 that may be purchased in  appreciable
 quantities by procuring agencies.
 1. Background
   Park benches and picnic tables can be
 found in parks, outdoor recreational
 facilities, and the grounds of office
 buildings and other facilities. Park
 benches are manufactured from a
 variety of materials, including concrete,
 brick,  aluminum, steel, wood, or
 plastic—usually in the form of plastic
 lumber. Picnic tables are also
 manufactured from a variety of
 materials, primarily including wood,
 aluminum, concrete, or plastic. Some
 manufacturers also make these products
 from composite materials such as wood
 and plastic or wood and fiberglass.
 Although some manufacturers may
 make park benches and picnic tables
 entirely of steel,  most steel included in
 these products is used in the framing.

 2. Rationale for Designation
  EPA believes that park benches and
 picnic  tables containing recovered
materials meet the statutory criteria for
selecting items for designation.

-------
               Federal Register/Vol. 63, No. 165/Wednesday, August 26, 1998/Proposed Rules
                                                                    45565
  a. Us& of materials in solid waste.
Park benches and picnic tables can be
made from a variety of recovered
materials including aluminum, steel,
wood, high density polyethylene
(HOPE), low density polyethylene
(LDPE), polyethylene, polyethylene
terephthalate (PET), polypropylene (PP),
and other plastic resins. Although EPA's
research did not identify any
manufacturers of concrete park benches
and picnic tables made from recovered
materials, the agency sees no technical
or performance reasons why these items
could not be made from concrete
containing recovered materials. While
the agency is aware that some
manufacturers may use recovered wood
in the manufacture of indoor furniture,
EPA's research did not identify any
manufacturers making park benches or
picnic tables from recovered wood for
outdoor use except when used as a
composite with plastic. The agency is
not aware of any manufacturers that
make park benches or picnic tables from
recovered wood except in the form of
composite materials and requests
comment on whether this is indeed the
case in the industry. No manufacturers
were Identified that made these items
from bricks containing recovered
materials. Except for HDPE, markets for
recovered plastics have been weak for
the past year. Use of recovered plastic
resins In park benches and picnic tables
can expand markets for plastics, as well
as other materials used in to make these
products such as steel, aluminum,
wood, and concrete.
  b.  Technically proven uses. EPA
identified over 50 manufacturers and/or
distributors of park benches and picnic
tables containing recovered materials. A
vast  majority of the manufacturers/
distributors identified by EPA use
recovered plastic in their park benches
and picnic tables. A number of technical
and performance issues exist with
respect to the different materials used to
make park benches and picnic tables. In
particular, wood and plastic outdoor
and recreational furniture can differ
significantly in terms of longevity and
durability, the effects of temperature,
maintenance requirements, strength,
weight and other issues.  Different kinds
of plastic lumber (plastics vs.
composites) also differ with respect to
these performance issues. For example,
plastic lumber timbers and posts may
last longer and require less maintenance
than wood timbers and posts, but wood
timbers weigh 2 to 3 times less. Wood
and plastic lumber also differ in tensile
strength, creep, and reaction to
temperature fluctuations. To address
these issues, ASTM Subcommittee D-
20.20.01 developed several test methods
for plastic lumber. These test methods
are discussed in "Background
Document for Proposed CPG III and
Draft RMAN III" and are listed in
Section E-3 of the draft RMAN HI
published in the Notice section of
today's Federal Register.
  c. Impact of government procurement.
There are no data on the quantity of
steel, aluminum, wood, or plastics used
in outdoor and recreational furniture in
general or in the park benches and
picnic tables purchased by government
agencies. GSA reported that in 1996,
GSA-tracked purchases of park benches
and picnic tables totaled nearly $3.2
million. This figure includes items
made from all types of materials.
According to a GSA representative,
federal spending may be as much as 20
higher than this figure since some large
purchasers, such as the Department of
Defense (DOD) and the U.S.  Postal
Service (USPS), often buy these items
"off schedule." Park benches and picnic
tables are purchased by all levels of
government, but the quantities or dollar
values are not known. The National
Park Service has purchased  park
benches made of various materials,
including plastic lumber for use in
parks throughout the United States, as
has DOD for use at military installations
and naval bases. The States of Georgia,
Wisconsin, and Washington also have
purchased plastic lumber park benches
and picnic tables containing recovered
materials. Other potential federal
purchasers include the U.S.  Forest
Service, the U.S. Fish and Wildlife
Service, and the Department of Housing
and Urban Development (HUD).

B. Playground Equipment

  The information obtained by EPA
demonstrates that playground
equipment made with recovered
materials is commercially available.
Today, in §247.14(d), EPA proposes to
designate playground equipment
containing recovered plastic, steel, or
aluminum as an item whose
procurement will carry out the
objectives of section 6002 of RCRA.
  A final designation would not
preclude a procuring agency from
purchasing playground equipment made
from other materials. It simply requires
that a procuring agency, when
purchasing steel, aluminum, or plastic
playground equipment, purchase these
items containing recovered materials
when they meet applicable
specifications and performance
requirements.
1. Background
  Playground equipment is found in
parks, schools, child care facilities,
institutions, multiple family dwellings,
restaurants, resort and recreational
developments, and other public use
areas. Major types of playground
equipment include slides, swings,
climbing equipment, merry-go-rounds,
seesaws, and spring rocking equipment.
Other playground components include
stairways and ladders, rungs and other
hand gripping components, handrails,
protective barriers, and platforms.
Playground equipment is usually
designed to be age appropriate and is
often divided into equipment for 2 to 5
year olds and 5 to 12 year olds.
  Playground equipment can be made
with a number of different materials.
Many playgrounds have railings and
structural support pieces made out of
one material, fittings made out of
another, and decks and platforms made
of a third material. Galvanized steel is
often used for railings and structural
support, but these items can also be
made with aluminum. Fittings, such as
the bolts that hold chains to swings, are
usually made from stainless steel or
aluminum. Decks, platforms, and slides
can be made from steel, aluminum,
plastic,  wood, and plastic lumber.
2. Rationale for Designation
  EPA believes that playground
equipment containing recovered
materials meets the statutory criteria for
selecting items for designation.
  a.  Use of materials in solid waste.
Playground equipment can be made
from a variety of recovered materials
including aluminum, steel, wood,
HDPE, LDPE, polyethylene, PET, PP,
and other plastic resins. Recovered
wood used in the manufacture of
playground equipment is generally used
to make a wood/plastic or a wood/
fiberglass composite. The agency is not
aware of any manufacturers that make
playground equipment from recovered
wood except in the form of composite
materials and requests comment on
whether this is indeed the case in the
industry.
  There are many different
configurations for playground
equipment using varying amounts of
plastic lumber. One private purchaser of
100 percent HDPE plastic lumber
playground equipment notes that the
playground set they purchased, which
includes three slides, used 86,000 milk
jugs. A standard set of playground
equipment sold by one manufacturer,
including four slides, climbing
equipment, and a number of platforms,
uses 10,000 pounds of recycled plastic,

-------
 45566
Federal  Register/Vol. 63, No. 165/Wednesday, August 26, 1998/Proposed  Rules
 1,500 pounds of aluminum, and 2,000
 pounds of recycled steel.
   b. Technically proven uses. EPA
 identified 18 manufacturers and/or
 distributors of playground equipment
 containing recovered materials. A vast
 majority of the manufacturers/
 distributors identified use recovered
 plastic in their equipment.
   Playground equipment is subject to
 Consumer Product Safety Commission
 (CPSC) guidelines and ASTM standard
 F-1487-95, "Safety Performance
 Specification for Playground Equipment
 for Public Use." Both of these standards
 note that playground equipment should
 be "manufactured and constructed only
 of materials which have a demonstrated
 record of durability in the playground or
 similar outdoor setting." The CPSC
 guidelines do not preclude the use of
 recovered materials.  The ASTM
 standards note that "any new materials
 shall be documented or tested
 accordingly for durability by the
 playground equipment manufacturer."
   Both CPSC and ASTM note issues
 with regard to the metal fittings and
 structural pieces used in playground
 equipment. The ASTM specification
 states that "metals subject to structural
 degradation such as rust and corrosion
 shall be painted, galvanized, or
 otherwise treated." Similarly CPSC
 notes that "ferrous metals should be
 painted, galvanized,  or otherwise
 treated to prevent rust."
   In addition to ASTM and CPSC
 standards, playground equipment must
 also meet state and local codes and
 standards as well as federal child safety
 laws.
   A number of technical and
 performance issues exist with respect to
 the different materials used to make
 playground equipment. In particular,
 wood and plastic playground equipment
 can differ significantly in terms of
 longevity and durability, the effects of
 temperature, maintenance requirements,
 strength, weight and  other issues.
 Different kinds of plastic lumber
 (plastics vs. composites) also differ with
 respect to these performance issues. For
 example, plastic lumber equipment may
 last longer and require less maintenance
 than wood playground equipment, but
 wood playground equipment can weigh
 2 to 3 times less. Wood and plastic
 lumber also differ in tensile strength,
 creep, and reaction to temperature
fluctuations. To address these  issues,
ASTM Subcommittee D-20.20.01
developed several test methods for
plastic lumber. These test methods are
discussed in "Background Document for
Proposed CPG III and Draft RMAN III"
and are listed in Section E-4 of the draft
                        RMAN III published in the Notice
                        section of today's Federal Register.
                          c. Impact of government procurement.
                        There are no data on the quantity of
                        steel, aluminum, wood, or plastics used
                        in playground equipment purchased by
                        government agencies. GSA reported that
                        in 1996, GSA-tracked purchases of
                        playground equipment totaled $4.1
                        million. This figure includes items
                        made from all types of materials.
                        According to a GSA representative,
                        federal spending may be as much as 20
                        percent higher than this figure since
                        some large purchasers, such as DOD and
                        USPS, often buy these items "off
                        schedule." Playground equipment is
                        purchased by all levels of government,
                        but aggregate quantities or dollar values
                        are not known.
                          Purchase of playground equipment by
                        HUD is done by individual housing
                        projects. Purchasers of playground
                        equipment include the U.S. Army and
                        other branches of the Armed Services
                        and the GSA child care facilities. Recent
                        military purchasers include Langley Air
                        Force Base and Fort Smith Naval Base,
                        among other U.S. military purchases.
                        VI. Landscaping Products

                        A. Plastic Lumber Landscaping Timbers
                        and Posts
                          The information obtained by EPA
                        demonstrates that plastic lumber
                        landscaping timbers and posts
                        containing recovered materials are
                        commercially available.  Today, in
                        § 247.15 (e), EPA proposes to designate
                        plastic lumber landscaping timbers and
                        posts containing recovered materials as
                        an item whose procurement will carry
                        out the objectives of section 6002 of
                        RCRA. A final designation would not
                        preclude a procuring agency from
                        purchasing landscaping timbers and
                        posts manufactured  from another
                        material, such as wood.
                        1. Background
                         Landscaping timbers and posts are
                       used to enhance the appearance of and
                       control erosion in parks, highways,
                       housing developments, urban plazas,
                       zoos, and the exteriors of office
                       buildings, military facilities, schools,
                       and other public use areas. Timbers and
                       posts are used for such landscaping
                       applications as raised beds, retaining
                       walls, and terracing.
                       2. Rationale for Designation
                         EPA believes that plastic lumber
                       landscaping timbers and posts
                       containing recovered materials meets
                       the statutory criteria for selecting items
                       for designation.
                         a. Use of materials in solid waste.
                       Plastic lumber can be made from a
 variety of recovered materials. The
 product commonly is made from
 postconsumer HOPE. It also can be
 made from mixes of commingled
 plastics, such as HOPE, LDPE,
 polyethylene, PP, and linear low-
 density polyethylene; fiberglass-
 reinforced polyethylene; and
 composites of plastic and recovered
 wood chips and/or sawdust. At least
 one manufacturer uses composites of
 plastic and ground tire rubber. Plastic
 lumber timbers and posts have the
 potential to use large amounts of
 recovered materials. For example, it can
 take up to 45,000 milk jugs to produce
 1,000 linear feet of a 4 x 6 timber.
   b. Technically proven uses. There are
 50 manufacturers and/or distributors of
 plastic lumber, although not all of them
 sell landscaping timbers and posts. At
 least 11 companies manufacture either
 specialized plastic lumber landscaping
 timbers and posts or plastic lumber that
 can be used for landscaping
 applications.
   Wood and plastic lumber landscaping
 timbers and posts differ in terms of
 longevity and durability, the effects of
 temperature, maintenance, strength,
 weight, and other issues. Different kinds
 of plastic lumber (i.e., plastics vs.
 composites) also differ with respect to
 these performance issues.  For example,
 plastic lumber timbers and posts may
 last longer and require less maintenance
 than wood timbers and posts, but wood
 timbers can weigh 2 to 3 times less.
 Wood and plastic lumber also differ in
 tensile strength,  creep, and reaction to
 temperature fluctuations. To address
 these issues, ASTM Subcommittee D-
 20.20.01 developed several test methods
 for plastic lumber. These test methods
 are discussed in "Background
 Document for Proposed CPG III and
 Draft RMAN III" and are listed in
 Section F-5 of the draft RMAN III
 published in the Notice section of
 today's Federal Register.
   c. Impact of government procurement.
 There are  no data on the volumes of
 wood used in landscaping applications
 in general or in government landscaping
 projects. Landscaping materials are
 purchased by all levels of government,
 but the quantities or dollar values are
 not known. According to the National
 Park Service, there are currently 14
 proposed landscaping projects that plan
 to use plastic lumber. Other potential
 federal purchasers include the Forest
 Service, HUD, and the armed services
 for use on military installations.
 B. Food Waste Compost
  The information obtained by EPA
demonstrates that food waste compost
contains recovered materials  (food

-------
               Federal Register/Vol. 63, No. 165/Wednesday, August 26, 1998/Proposed Rules
                                                                    45567
waste mixed with other organic
materials) and is commercially
available. EPA previously designated
yard trimmings compost in CPGI in 40
CFR §247.15(b). Today. EPA is
proposing to revise the yard trimmings
compost designation to include compost
made from food waste or commingled
food waste and yard trimmings as an
item whose procurement will carry out
the objectives of section 6002 of RCRA.

1. Background
  Composting is the biological process
of converting organic matter under
controlled conditions into a product
that Is rich in humus and provides
organic matter and nutrients to the soil.
Mature compost (in which the
composting process is completed) is
composed of small brown particles,
resembles soil, and is free of pathogens
and weed seeds. Compost has been
defined by the Compost Council, the
trade association for the composting
industry, in its "Composting Glossary,"
as follows:
  Compost is the stabilized and sanitized
product of composting:  compost is largely
decomposed material and is in the process of
humificatton (curing). Compost has little
resemblance In physical form to the original
material from which it was made. Compost
Is a soil amendment, to improve soils.
Compost Is not a complete fertilizer unless
•mended, although composts contain
fertilizer properties, e.g., nitrogen,
phosphorus, and potassium, that must be
Included In calculations for fertilizer
application.
  Compost added to soil improves the
ability of the soil to support plant
growth. The organic matter in compost
Is particularly beneficial to poor soil
Infrastructure. Adding compost to clay
soil, for example, reduces soil density
and compaction, increases aeration, and
increases soil porosity and drainage.
These soil changes make plants less
susceptible to root rot disease. Compost
added to sandy soil increases the soil's
ability to retain water and nutrients, as
well as Increasing its resistance to
drought and erosion.
  Compost can be used in a wide range
of applications. It can be used as a
substitute for peat moss, potting soil.
topsoil, or other organic materials in
agriculture, horticulture, silviculture
(growing of trees), and in landscaping.
In landscaping, compost is used as a soil
conditioner, soil amendment, lawn top
dressing, potting soil mixture, rooting
medium, and mulch for shrubs and
trees, and for restoration and
maintenance of golf course turf and
other sports turf. Tailor-made compost
(i.e., compost designed and made for
specific uses) also can be used for
bioremediation of contaminated soils,
treatment of contaminated stormwa'ter
runoff, volatile organic compound
(VOC) emission reduction, and
reclamation of mining sites.
  It is difficult to talk about "food waste
compost" as a completely separate item,
since most food waste composting
programs add other available organic
materials such as wood chips, sawdust,
manure, or yard trimmings to their
mixes. Different types of compost are
better suited to different applications,
making information about the
composition of the compost feedstocks
important to purchasers. Thus, there is
no consensus among compost experts
about how compost made with a
significant amount of food waste should
be classified. There is agreement,
however, that all types of mature
compost have great value due to humus
and micro-organism content as a soil
amendment and fertilizer.

2. Rationale for Designation
  EPA believes that food  waste compost
containing recovered organic materials
meets the statutory criteria for selecting
items for designation.
  a. Use of materials in solid waste.
Food waste comprises nearly 7 percent
(14 million tons per year) of municipal
solid waste. Virtually all of this waste is
potentially compostable. Institutions
such as prisons, universities, and
hospitals are excellent sources of food
waste for large-scale or regional
composting projects.  Commercial
establishments, such as grocery stores,
restaurants, and cafeterias, also provide
materials for use in commercial
composting. In addition, a few curbside
programs provide food waste to
community-based composting programs.
Fruit and vegetable trimmings are the
most common feedstock composted,
followed by kitchen preparation
residuals, which can  include
overcooked pasta, stale rolls, and soups.
As previously noted,  most food waste
compost programs mix other organic
materials, such as sawdust, wood chips,
yard trimmings, or manure, with food
wastes to produce compost. These other
added materials vary depending upon
what is available to the composting
program, and what nutrients or bulking
agents are needed to make a high quality
compost. Yard trimmings are the most
popular amendment to food waste
compost, followed by wood chips and
sawdust.
  b. Technically proven uses. The
Composting Council is helping to define
and develop industry-wide standards
for composts made from various
combinations of materials, including
food wastes. The Composting Council
publishes these standards in an
operating guide for composting facilities
entitled, "Test Methods for Examination
of Composting and Compost." The
guide also provides standards for the
suitability of different types of composts
made for different applications,
depending on the compost mix. In the
U.S. Department of Transportation's
(DOT) "Standard Specifications for
Construction of Roads and Bridges on
Federal Highway Projects 1996," the
agency specifies mature compost for use
in road construction and does not
specifically preclude the use of food
waste in its required composition of
compost. Many State Departments of
Transportation have adopted these
standards for highway construction
projects.
  The nutrient and organic carbon
content of compost serves as a food
source for microorganisms in soil, thus
increasing the availability of the soil's
organic and nutrient content to plants
and aiding faster recycling of nutrients
within the system. In addition to
returning organic materials and
nutrients to the soil, other advantages of
amending soil with compost include:
  • Moderates soil temperature, so that
plant roots are warmed in winter and,
through water retention, cooled in dry,
hot conditions.
  • Suppresses some plant diseases,
such as wilt and root rot, reducing the
need for chemical pesticides and
fungicides. Compost has been shown to
be important in controlling wilt disease
in certain flowers commonly grown for
indoor use. Specifically, compost
prevents fusarium wilt disease on
cyclamens, a disease that is not
otherwise treatable.
  • Replaces part or, in some cases, all
of the fumigants and fungicides used on
food crops or landscape projects,
according to research conducted at Ohio
State University and verified by
researchers in Florida, Pennsylvania,
and Alabama.
  • Releases nutrients in organic form,
such as nitrogen, into the soil slowly
over time. This property of compost
allows for a significant reduction in
fertilizer use and is compatible with the
rate of plant root uptake.
  • Reduces nonpoint source runoff by
preventing siltation and by degrading
pollutants in the run-off.
  • Restores contaminated, eroded, or
compacted soil.
  Compost's organic composition
increases the soil's water-holding
capacity. Compost also increases water
infiltration into the soil. Compost helps
to reduce soil compaction and increase
soil friability, thus decreasing the
erodability of soil. Finally, compost can

-------
 45568
Federal Register/Vol.  63,  No. 165/Wednesday, August  26,  1998/Proposed Rules
 prevent the crusting of soil surfaces,
 which can otherwise inhibit seedling
 growth.
   c. Impact of government procurement.
 Military installations alone contain
 about 20 million acres of land that
 needs to be maintained. The potential
 compost usage (at 40 cubic yards per
 acre) for even a portion of this acreage
 would be significant. A Marine Corps
 base in Camp Lejeune, North Carolina,
 for example, has been composting food
 waste for more than two years. The
 operation mixes food waste from mess
 halls on the base with shredded paper,
 cardboard and yard and wood waste.
 The facility accepts an average of 10
 tons of food waste per week, generating
 more than 2,400 tons of yard trimmings
 and food waste compost per year for use
 on the base's more than 150,000 acres.
 Compost is used on landscaping
 projects and made available to
 contractors for use in construction
 projects.
   As part of a one-year demonstration
 project, the DOD District Depot in New
 Cumberland, Pennsylvania partnered
 with a nearby state correctional facility
 to compost its food waste. The depot
 mixed the food waste with scrap wood
 from its pallet reclamation operation in
 two aerated static piles. The finished
 product was used onsite for landscaping
 projects and made' available to project
 partners, including the local townships.
 Other correctional institutions have had
 tremendous success with composting.
 Of the 70 correctional facilities in New
 York State, 48 compost food waste. In
 fiscal year 1996, these institutions
 diverted approximately 8,300 tons of
 food waste for a savings of more than $ 1
 million, including avoided disposal
 costs, hauling fees, and equipment
 maintenance and storage  costs.
  Whiteman Air Force Base in Missouri
 generated 42 tons of food waste compost
 through a pilot program in the fall of
 1995. Using an in-vessel system, the
 base mixed yard trimmings with the
 food waste generated at a recycling
 conference in Kansas City. They have
 used the compost on the base and given
 at least 40 cubic yards to the local solid
 waste district for a local land
 improvement program.  By the fall of
 1998, the base plans to establish a
 permanent in-vessel food waste
 composting operation.
  Other federal markets for compost
 made with food waste could be
substantial. As of 1997, the U.S. Forest
Service and Park Service maintain
 500,000 miles of roadsides and
embankments and millions of acres of
land. The U.S. Forest Service manages
more than 190 million acres of land at
 156 national forests, while the U.S. Park
                        Service manages more than 83 million
                        acres and 369 national parks. At John
                        Muir National Historic Site, for
                        example, fruit residuals from the 8 acres
                        of orchards and vineyards are
                        composted with wood chips, yard
                        trimmings and paper waste. The site
                        composts approximately 6 tons per year
                        in three 20 cubic yard containers. In
                        addition, universities, hospitals, and
                        prisons may be using appropriated
                        federal funds for their composting
                        operations and purchases.
                          To assist in the development of
                        federal markets for compost, President
                        Clinton issued a memorandum entitled,
                        "Environmentally and Economically
                        Beneficial Practices on Federal
                        Landscaped Ground" on April 26, 1994.
                        Agencies are encouraged to develop
                        practical and cost-effective landscaping
                        methods that preserve and enhance the
                        local environment. This memorandum
                        requires the use of mulches and
                        compost by federal agencies and in
                        federally funded projects.

                        VII. Non-Paper Office Products

                        A. Plastic Binders, Clipboards, File
                        Folders, Clip Portfolios, and
                        Presentation Folders
                          The information obtained by EPA
                        demonstrates that solid plastic binders,
                        clipboards, file folders, clip portfolios,
                        and presentation folders are available
                        containing recovered plastics. EPA
                        previously designated binders in CPG I.
                        Today,  in §247.16(d), EPA proposes to
                        amend the existing designation of
                        binders to include solid plastic binders
                        containing recovered plastic. In
                        § 247.16(h)-(k), EPA proposes to
                        designate plastic clipboards, plastic file
                        folders, plastic clip portfolios, and
                        plastic presentation folders containing
                        recovered plastic, respectively, 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 these
                        items manufactured from another
                        material. It simply requires that a
                        procuring agency, when purchasing
                        plastic binders, clipboards, file folders,
                        clip portfolios, and presentation folders,
                       purchase these items made with
                       recovered plastic when these items meet
                       applicable specifications and
                       performance requirements.
                         EPA previously designated "binders"
                       in CPG I in 40 CFR §247.16(d). In  the
                       background document for the final CPG
                       I, EPA explained that the  "binder"
                       designation includes plastic-covered
                       binders  containing recovered plastic,
                       chipboard and pressboard binders, and
                       the paper component of covered
                       binders. In order to clearly define the
 scope of the binder designation, EPA is
 revising §247.16(d) to list the types of
 binders within the scope of the
 designation.

 1. Background
   Binders, clipboards, file folders, clip
 portfolios, and presentation folders are
 commonly used office products made
 from a variety of materials, such as
 paper, plastic, paperboard, and wood
 fiber.

 2. Rationale for Designation
   EPA believes that solid plastic
 binders, plastic clipboards, plastic file
 folders,  plastic clip portfolios, and
 plastic presentation folders meet the
 statutory criteria for selecting items for
 designation.
   a. Use of materials in solid waste.
 Solid plastic binders, clipboards, file
 folders,  clip portfolios, and presentation
 folders can be made from HDPE,
 polyethylene, PET, polystyrene, and
 various other types of recovered
 plastics. Except for HDPE, markets for
 recovered  plastics have been weak for
 the past year, and additional markets for
 HDPE are needed, as well.
   b. Technically proven uses. Each of
 the items is available commercially from
 several sources. EPA is aware of five
 distributors of binders, file folders,
 clipboards, clip portfolios, and
 presentation folders containing
 recovered HDPE. HDPE binders,
 clipboards, and presentation folders
 currently are available through GSA's
 New Item Introductory Schedule. EPA
 also is aware of five manufacturers and
 distributors of solid plastic binders,
 clipboards, and file folders containing
 other types of plastics.
   c. Impact of government procurement.
 All government agencies purchase
 binders,  clipboards, file folders, clip
 portfolios,  and presentation folders.
 EPA was not able to quantify purchases
 of these items, but EPA believes that
 they are purchased in substantial
 quantities that support the proposed
 designations of these items.
 VIII. Miscellaneous Products

 A. Sorbents
   The information obtained by EPA
 demonstrates that sorbents (i.e.,
 absorbents and adsorbents) containing
 recovered materials are commercially
 available. Today, in §247.17(b), EPA
proposes to designate sorbents
containing recovered materials for use
 in oil and solvent clean-ups and as
animal bedding,  as items whose
procurement will carry out the
objectives of section 6002 of RCRA.
Based on EPA's research, sorbents can

-------
               Federal Register/Vol. 63, No.  165/Wednesday,  August 26,  1998/Proposed Rules
                                                                     45569
be made containing recovered paper,
rubber, yard trimmings, wood, gypsum,
plastics, and textiles. A final
designation would not preclude a
procuring agency from purchasing
sorbents manufactured from other
materials, such as clay, perlite, or sand.
The agency requests comments on
whether sorbents used for oil/solvent
clean-ups and/or animal beddings are
made containing any other types of
recovered materials.
1, Background
  Absorbents and adsorbents are used
In a diverse number of environmental.
Industrial, agricultural, medical, and
scientific applications to retain liquids
and gases. While absorbents and
adsorbents are often used in the same
applications, they perform
fundamentally different functions.
Absorption is "the incorporation of a
substance throughout the body of the
absorbing material," whereas adsorption
Is the "gathering of substances over the
surface of the adsorbing material." Since
absorbent and adsorbent products are
often used interchangeably in many
applications, EPA has chosen to use the
term "sorbent(s}" to describe  all items
In this category.
  Sorbents are most often used to clean
up Industrial and environmental oil and
solvent spills. They are also used in
wastewater treatment, odor control, food
processing, septic system maintenance,
resource recovery, dust and erosion
control, photography, hazardous waste
remediation, precious metal recovery,
chemical processing, and leachate
control of phosphates and nitrates from
fertilizers. In addition, sorbents are used
In packaging materials, animal bedding,
cat litter, protective clothing,  gas masks.
and personal hygiene products. After
reviewing the government procurement
of sorbent products. EPA believes that
oil and solvent spill cleanup and animal
bedding are the most common
government applications for sorbents
and, therefore, proposes to limit the
item designation to these applications.
These products are commercially
available and are made with various
types of recovered materials.
  Sorbent used for oil/solvent clean-up
spills are manufactured from  a variety of
organic, inorganic, and synthetic
materials, or a combination thereof. In
general, these sorbents can be classified
into three categories as follows:
  •  Organic sot bents can be manufactured
from virgin materials, but most commercially
available sorbents  are made from materials
recovered from municipal and industrial
solid waste streams.
  •  Inorganic sorbents are generally mined
virgin materials, such as perlite or
vermiculite. Most inorganic materials can
also be recovered and used again through a
laundering process.
  • Synthetic sorbents are made from either
virgin synthetic materials or synthetics
recovered from the municipal and industrial
solid waste streams.

2. Rationale for Designation
  EPA believes that sorbents used for
oil/solvent clean-ups and animal
bedding containing recovered materials
meets the statutory criteria for selecting
items for designation.
  a.  Use of materials in solid waste.
Sorbents used in spill applications are
manufactured from a variety of
recovered materials, including 100
percent postconsumer newspapers,
tires, yard trimmings, and construction
and demolition (C&D) debris, such as
wood waste and gypsum. These
sorbents can also be made with 100
percent recovered material from the
plastics, textile, lumber, and pulp and
paper industries. Animal bedding is
generally made from  recovered wood or
other cellulosic fiber sources, such as
paper. One sorbent manufacturer
estimated that the company uses 2,400
pounds of old newspaper each year to
make its sorbent products. Another
company from which EPA obtained
information estimates that it uses
between 600 and 1,000 tons of lumber
mill waste each year to manufacture
sorbent products. Two other companies
estimate that they each use 8,000 tons
per year of paper fines from paper mill
sludge in their sorbent products. Other
companies for which EPA has
information report using both wood and
gypsum from construction and
demolition wastes in their products.
  b.  Technically proven uses. EPA
identified 43 companies that
manufacture and/or distribute sorbents
containing recovered materials for oil/
solvent clean-ups and for use as animal
bedding.  The type of sorbents used for
spill applications generally depends  on
the type of substance being sorbed,
where the spill occurs, and worker
health and safety issues.
  The type of material (s) used to
manufacture sorbents is very important
to consider when choosing a sorbent
product. Sorbents made from materials
that are incompatible with the substance
being sorbed can potentially
disintegrate, create a fire hazard, or pose
problems for worker safety. Organic
sorbents, for example, are incompatible
with, and should not be used to clean
up substances such as inorganic acids,
caustics, or hydrazines and hydrazides.
Sorbents  made from organic materials
can,  however, be used to clean up most
oils and fuels (e.g., mineral oil, gasoline,
and hydraulic fluid), coolants (e.g.,
antifreeze), transformer oils (including
Polychlorinated Biphenyls), paints (e.g.,
latex based, lacquers, and thinner),
alcohols, solvents, toxins (e.g., cyanides
and battery acid), and insecticides and
herbicides.
  According to one manufacturer, using
products made with recovered materials
can pose some potential concerns.
Postconsumer wastes can contain
residuals that are incompatible with
aggressive materials (e.g., highly
flammable jet fuels). This manufacturer
also indicated that products used to
absorb some types of jet fuel need to
have specific nonstatic characteristics.
  Where the spill occurs will also affect
the type of sorbent that is used. To clean
up spills on water, for example, the
sorbent used should be hydrophobic, or
water resistant, so it will float on water.
Sorbents that are not hydrophobic (i.e.,
hydrophillic) are generally not used for
spills on water, as they will sink,
causing problems when removing the
product from the water body. Thus, for
spills on water, polypropylene and a
small number  of organic sorbent
products that are treated to make them
hydrophobic—are the most commonly
used and are available with recovered
materials. Particulate and loose sorbents
are also not recommended for use on
open water because they too may absorb
water and sink or be lost to recovery
because of winds, waves, and currents.
  End-users also must consider how a
sorbent product may effect the
environment, particularly when
cleaning up spills in environmentally
sensitive areas (e.g., salt marshes and
wildlife refuges). Sorbents should not be
used which could cause entanglement
or digestive problems if ingested by
wildlife or marine animals. Products
with recovered materials are being made
that satisfy these environmental
concerns, however.
  Worker health and safety issues also
can play a role in the selection of
sorbent products. Sorbent mats, pads,
and rolls may be best suited for the
routine spills that occur during machine
maintenance operations. These products
are easier to handle because they lie flat
and keep walking surfaces safe for
workers. Particulate sorbent materials,
on the other hand, may be difficult to
clean up and may cause workers to slip.
Again, sorbents containing recovered
materials are being made that satisfy
concerns.
  Under certain conditions, some
sorbent materials can be reused or
recycled. Some manufacturers of
synthetic sorbents, for example, market
products that can be reused up to 100
times. Under pressure, synthetic

-------
 45570
Federal  Register/Vol. 63, No. 165/Wednesday, August 26, 1998/Proposed Rules
 sorbents will release the sorbed
 substance, allowing it to be recovered
 and the sorbent to be reused.
 Manufacturers of organic sorbents, on
 the other hand, claim their sorbents can
 be incinerated for energy recovery and
 that this process leaves very little ash
 residue. In addition, clay sorbents can
 be put through a "laundering" process
 through which the sorbed substance and
 clay can both be reclaimed for reuse.
   EPA is aware of two government
 specifications for sorbent products;
 however, at present both preclude the
 use of organic sorbents in applications
 where the type of sorbent material is not
 otherwise an issue. The GSA
 specification, "Absorbent Material, Oil
 and Water (For Floors and Decks)," for
 example, states that "the absorbent
 material shall consist of a uniform
 mixture of minerals of the silicate type."
 This specification is used when
 ordering from the GSA stock item
 program. Government agencies can
 procure sorbent products through the
 GSA's stock contracts and the Multiple
 Award Federal Supply Schedule. GSA
 stock contractors must meet GSA's
 Commercial Item Description
 specification, "Absorbent Materials, Oil
 and Water (For Floors and Decks)."
 Thus, when purchasing sorbent
 products from GSA warehouses,
 government agencies are limited to
 purchasing sorbents made from silicate
 minerals. When ordering sorbent
 products directly from a multiple award
 contractor, however, there are no
 procurement specifications. Instead,
 government agencies rely on the
 manufacturers specifications, and a full
 range of sorbent products (e.g., organic,
 inorganic, and synthetic) are available
 for purchase.
  The National Institutes of Health
 specification, "Laboratory Animal
 Bedding, Softwood," precludes the use
 of recovered materials. The specification
 states that sorbents used for "contact
 bedding for animals . . . shall be from
 unused white pine (or related species of
 low resin soft pine) lumber."
  ASTM has test methods for both
 absorbents and adsorbents used to
 remove oils and other compatible fluids
 from water. These are "Standard
 Methods of Testing Sorbent
 Performance of Absorbents (F716-82)"
 and  "Standard Method of Testing
 Sorbent Performance of Adsorbents
 (F716-81)." Neither of them mention
 any exceptions or differences for testing
 of sorbents made from recovered
 materials, however.
  EPA's research on sorbents did not
 identify any technical basis for the
exclusion of recovered materials in
these items. The Agency, therefore,
                        requests comments on whether there are
                        technical and/or performance-related
                        reasons why specifications for sorbents
                        should preclude the use of recovered
                        materials.
                          c. Impact of government procurement.
                        EPA does not have aggregate figures for
                        the amount or cost spent each year by
                        government agencies for sorbent
                        materials, but believes the amount to be
                        significant. As previously mentioned,
                        government agencies can procure
                        sorbent products through the GSA's
                        stock contracts and the Multiple Award
                        Federal Supply Schedule.
                          A number of federal and state
                        agencies purchase a variety of sorbent
                        products. The U.S. Coast Guard's
                        Marine Safety and Environmental
                        Protection Division typically uses
                        polypropylene sorbents to clean up
                        spills on water, and paper or cellulosic
                        sorbents to clean up spills on land (i.e.,
                        spills that occur during maintenance of
                        vehicles and boats). The National Park
                        Service purchases a variety of sorbent
                        products used to clean up routine and
                        emergency spills on water, and for spills
                        that occur during fleet (i.e., vehicles and
                        boats) maintenance. Although they do
                        not track the purchase of absorbent
                        products, a contact for the National Park
                        Service claims they spend well over
                        $10,000 on sorbent products each year.
                       The U.S. Army Corps of Engineers at
                       Dworshak Dam in Idaho is using a
                       sorbent made from 100 percent
                       recovered wood waste from the lumber
                       industry for emergency spill response
                       activities. The U.S. Department of
                       Energy and Lockheed-Martin have a
                       contract with a manufacturer for sorbent
                       materials which are made from
                       recovered paper pulp waste. According
                       to information from Lockheed-Martin,
                       they recently purchased more than
                       $ 100,000 of these products.
                        EPA believes that many government
                       agencies purchase sorbent materials,
                       including all branches of the military
                       and agencies that maintain motor pools.
                       B. Industrial Drums
                        The information obtained by EPA
                       demonstrates that industrial drums are
                       available containing postconsumer and
                       other recovered materials, including
                       steel, HOPE, and  old corrugated
                       containers. Today, in §247.17(c), EPA
                       proposes to designate industrialdrums
                       containing recovered steel, plastic, or
                       paper 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 industrial drums
                       manufactured from another material. It
                       simply requires that a procuring agency,
                       when purchasing steel, plastic, or
  pressed fiberboard industrial drums,
  purchase these items made with
  recovered materials when these items
  meet applicable specifications and
  performance requirements. Applicable
  requirements include the U.S.
  Department of Transportation (DOT)
  hazardous material packaging
  requirements.

  1. Background
    Industrial drums are cylindrical
  containers used for shipping and storing
  hazardous and nonhazardous liquid or
  solid materials. Industrial drums are
  manufactured from a variety of
  materials, including steel, plastic, and
  pressed fiberboard. The different
  materials used in the manufacture of
  industrial drums provide slightly
  different performance or cost benefits.

  2. Rationale for Designation
   EPA believes that industrial drums
  containing recovered materials meet the
  statutory criteria for selecting items for
  designation.
   a. Use of materials in solid waste.
  Steel, plastic, and fiber drums are or can
  be manufactured with recovered
 materials. All steel drums contain at
 least 25 percent recovered materials.
 Plastic drums can be manufactured with
 HOPE from postconsumer plastic
 drums. Fiber drums are manufactured
 from old corrugated containers and
 other sources of paperboard.
   Industrial drums also can be reused
 within a controlled distribution chain or
 reconditioned and reused. Partners in
 EPA's WasteWi$e program have found
 that drum reconditioning can reduce
 waste disposal. For example, in 1995,
 Dow Corning reconditioned 150,000
 steel drums, eliminating 7.8 million
 pounds of steel. Dow Corning also
 eliminated 1,100 pounds of HOPE by
 cleaning and selling plastic drums.
   b. Technically proven uses. There are
 26 manufacturers of steel drums, all of
 whom use recovered steel. EPA
 identified two plastic drum
 manufacturers that use recovered
 materials. One manufacturer uses up to
 100 percent postconsumer HOPE, while
 the other manufacturer produces a
 multi-layer drum that includes a 100
 percent postconsumer recovered HOPE
 layer sandwiched between two virgin
 plastic layers. EPA also identified one
 manufacturer of fiber drums that uses
 recovered materials. Additionally, there
 are over 100 drum reconditioners in the
 United States.
  The U.S. DOT specifies drum
performance criteria for each of its
hazardous material packing group
classifications. DOT currently requires
virgin plastic  for drums that will be

-------
               Federal Register/Vol. 63,  No. 165/Wednesday. August 26,  1998/Proposed Rules
                                                                   45571
used to transport or store hazardous
materials because plastic absorbs small
quantities of some materials, which
could react with materials subsequently
stored in the drums. However, the latest
United Nations "Recommendations on
the Transport of Dangerous Goods"
allows the use of recovered plastics in
hazardous materials packaging. It is
likely that DOT will adopt the UN
recommendations but has not yet done
so. In the interim, DOT provides
exemptions allowing the use of
recovered content in plastic drums.
  Other national specifications (e.g., the
performance specifications issued by
the National Motor Freight Traffic
Association) do not preclude the use of
recovered materials in industrial drums.
  c. Impact of government procurement.
Government agencies and their
contractors purchase industrial drums
for the transport of hazardous and
nonhazardous materials. Thus,
government procurement of industrial
drums containing recovered materials
will create or expand markets for this
Item, Additionally. EPA is aware that
some DOD  installations reuse or
refurbish steel drums, and the Defense
Reutllization and Marketing Office
(DRMO) frequently provides triple-
rinsed steel drums previously used to
transport nonhazardous materials.
C. Awards and Plaques
  The information obtained by EPA
demonstrates that plaques and awards
made with  recovered materials are
commercially available. Today, in
§247.14(d), EPA proposes to designate
awards and plaques containing
recovered glass, wood, paper, or plastic
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 awards and plaques made
from other materials. It simply requires
that a procuring agency, when
purchasing glass, wood, paper, or
plastic awards and plaques, purchase
these items containing recovered
materials when they meet applicable
specifications and performance
requirements.
1. Background
  Awards and plaques are articles of
recognition for outstanding performance
or service and are generally given for
job-related duties. For the purposes of
this designation, awards refer to free-
standing statues while plaques refer to
"board-like" products generally used as
wall-hangings.
  Awards and plaques are
manufactured from a variety of
materials including glass, wood, paper,
and plastic. Some products are also
made of a composite consisting of
plastic and wood (e.g., sawdust). The
agency requests comments on whether
these items are made with other types
of recovered materials.

2. Rationale for Designation
  EPA believes that awards and plaques
containing recovered materials meet the
statutory  criteria for selecting items for
designation.
  a. use of materials in solid waste.
Awards and plaques can be made from
a variety of recovered materials
including glass, wood, paper, and
plastic (LDPE, HOPE, and other plastic
resins). According to one manufacturer,
a standard 8" x 10" plaque diverts
approximately one pound of materials
from the waste stream.
  b. Technically proven uses. Awards
and plaques are sold by manufacturers
and distributors of promotional
products. According to a 1995 survey,
there are  approximately 13,000 such
distributors and manufacturers in the
United States. EPA identified six
companies that manufacture or
distribute awards and plaques made
from recovered materials. According  to
four of the companies contacted,
recovered content awards are generally
made from blown glass, while plaques
are made from various materials,
including compressed newsprint and
sawdust.
  The promotional products industry
has grown from $5 billion a year in 1990
to more than $8 billion in 1995. A
survey conducted by the Promotional
Products Association (PPA) estimates
that awards and plaques account for
almost 8 percent, or approximately $62
million, of promotional product sales.
No discrete data are available on the
percentage of awards and plaques
manufactured with recovered materials.
Distributors of awards made from
recovered glass indicate these products
are manufactured only on an as-needed
basis. Three manufacturers of plaques
made from recovered materials, on the
other hand, state their products are
produced on a regular basis, but not in
large volumes.
  c. Impact of government procurement.
Government agencies purchase awards
and plaques through the GSA Federal
Supply Service's Multiple Awards
Contract  (MAC) for "Trophies, Awards,
Plaques, Plaques with  Clocks, Pins,
Ribbons,  Medals, Pen Sets, and Plates/
Bowls Suitable for Engraving." GSA
does not  track  the number of awards  or
plaques purchased under this contract,
but informed EPA that government
agencies  purchased approximately $10
million worth of products under the
subcategory "awards, plaques, trophies,
plaques with clocks, pins, ribbon, and
medals" between 1990 and 1993.
Between 1993 and 1996, $12 million
worth of products were purchased.
Although EPA was unable to obtain
specific information on purchasing
volume, information obtained from GSA
indicates that awards and plaques are
the most popular items within the
product category.

D. Mats
  The information obtained by EPA
demonstrates that mats made with
recovered materials are commercially
available. Today, in §247.17(e), EPA
proposes to designate mats containing
recovered rubber and/or plastics 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 mats made from other
materials. It simply requires that a
procuring agency, when purchasing
rubber and/or plastic mats, purchase
these items containing recovered
materials when they meet applicable
specifications and performance
requirements.

1. Background
  Mats are temporary or semi-
permanent protective floor coverings
used for numerous applications. They
are used to protect carpeting by
reducing wear and tear in heavy traffic
areas and by removing moisture, dirt,
and grime from people's shoes. They are
used to protect car and truck floor
boards from dirt or accidental spills,
and office carpeting from wheel damage
caused by swivel chairs. Mats are used
to provide traction on stairs, ship decks,
docks, around pools, or on  marble or tile
floors; to reduce worker fatigue in
occupational work areas that require
excessive standing; and to reduce the
risk of injury during athletic events.
Mats are also used for many specialty
applications, such as protecting truck
beds and the teeing areas of golf driving
ranges.
  Mats are manufactured in a wide
variety of designs and from numerous
materials. Some of the most common
materials used include HOPE, LDPE,
nylon, PET, polycarbonate, PP, PVC,
rubber, cocoa fiber, tempered
hardboard, and wood. Multiple
materials may be used in a  single mat.
Vinyl or rubber "links," for example,
can be joined together with steel or
aluminum rods. EPA's research found
that mats made with recovered materials
are limited to rubber and/or plastic mats
which can also  include aluminum or

-------
 45572
Federal  Register/Vol. 63, No. 165/Wednesday, August 26, 1998/Proposed  Rules
 steel linkages or frames made from
 recovered metals.
 2. Rationale for Designation
   EPA believes that mats containing
 recovered materials meet the statutory
 criteria for selecting items for
 designation.
   a. Use of materials in solid waste.
 Mats are made with recovered and
 postconsumer rubber and or plastic,
 including PVC, HOPE, LDPE, PET, and
 PP. In addition, some mats contain steel
 or aluminum links or frames, which
 contain recovered metals. Some mats
 are manufactured from a mixture of
 rubber and plastics. According to
 manufacturers from which EPA
 obtained information, most mats contain
 at least some postconsumer materials.
   b. Technically proven uses.
 Manufacturers estimate that between 75
 and 95 percent of all mats manufactured
 in the United States are made with some
 percentage of postconsumer material
 content. According to all of the
 manufacturers contacted by EPA,
 recovered content mats perform as
 effectively as their virgin counterparts,
 although virgin materials are sometimes
 added to provide color or product
 consistency. EPA identified 44
 manufacturers, distributors, or suppliers
 of recovered content mats. They are
 located throughout the United  States
 and supply both domestic and
 international markets. At least  25
 manufacturers of the 44 manufacturers
 identified produce rubber mats from at
 least 90 percent postconsumer  tires.
 Several manufacturers also produce
 mats that contain 100 percent
 postconsumer PVC, 100 percent
 postconsumer mixtures of HDPE and
 PP, 100 percent postconsumer mixtures
 of rubber and PVC, and up to 97 percent
 postconsumer HDPE, LDPE, PET, and
 PP.
   With the exception of competition
 wrestling mats, EPA did not identify
 any industry, government, or
 independent specifications for  mats.  •
 ASTM developed a wrestling mat
 specification for mats used in high
 schools and colleges. The specification
 addresses the construction of closed-cell
 foam cores with PVC, PVC coatings, or
 both; foam cores, either open- or closed-
 cell enclosed in sewn, loose covers; and
 molded open-cell PVC foam with a
 dense skin on one surface that is an
 integral part of the mat. The ASTM
specification does not preclude the use
of recovered materials.
  c. Impact of government procurement.
EPA was unable to obtain any
information regarding the quantity of
mats procured by government agencies.
An individual from USPS explained
                        that, although each of the 40,000 USPS
                        facilities probably uses antifatigue mats,
                        USPS, like many procuring agencies,
                        does not have a centralized procurement
                        system.
                          The GSA Supply Catalog lists 36
                        products in 9 mat categories, including
                        chair, door, deck, dental floor, porch
                        floor, anti-fatigue, insulating, ribbed
                        floor, and stair tread mats. The GSA
                        catalog identifies 2 of the 36 products as
                        containing recovered materials, both of
                        which are door mats containing 100
                        percent postconsumer recovered rubber.
                        The number of categories and products
                        on the GSA schedule suggests that there
                        is a sizable government market for mats.
                        Most federal buildings, for example,
                        contain numerous entrance, floor, and
                        chair mats. The U.S. DOD procures a
                        variety of mats, including antislip mats
                        for boat and ship decks and docks,
                        helicopter landing mats, and truck bed
                        mats.
                        E. Signage
                         The information obtained by EPA
                        demonstrates that signs and sign
                        supports/posts made with recovered
                        materials are commercially available.
                        Today, in §247.17(f), EPA proposes to
                        designate non-road signs containing
                        recovered plastic or aluminum and road
                        signs containing recovered aluminum as
                        items whose procurement will carry out
                        the objectives of section  6002 of RCRA.
                        In addition, this proposed designation
                        includes sign supports and posts made
                        from recovered plastic or steel.
                         A final designation would not
                       preclude a procuring agency from
                       purchasing signage or supports/posts
                       made from other materials. It simply
                       requires that a procuring agency, when
                       purchasing plastic or aluminum signs
                       for specific applications, purchase these
                       items containing recovered materials
                       when they meet applicable
                       specifications and performance
                       requirements. This designation pertains
                       to plastic signs (and any associated
                       plastic or steel supports/posts) used for
                       non-road applications (e.g., buildings,
                       parking lots, trails, etc.) and aluminum
                       road signs (and any associated steel
                       supports/posts).
                       1. Background
                         Signs made from recovered materials
                       are used for public roads and highways,
                       and inside and outside office buildings,
                       museums, parks, and other public
                       places. The Federal government
                       procures four types of signs: (1)
                       conventional road signs,  (2) expressway
                       signs, (3) freeway signs, and (4)
                       miscellaneous non-road signs. Highway
                       and other road signs are purchased by
                       state and local governments primarily
 with federal government transportation
 funds. Non-road signs are procured at
 the federal and state levels on an as
 needed basis. Both road and non-road
 signs may require the use of supports/
 posts depending on the location of the
 sign.

 2. Rationale for Designation
   EPA believes that signage containing
 recovered materials meets the statutory
 criteria for selecting items for
 designation.
   a. Use of materials in solid waste.
 Sign blanks, posts, and supports
 containing recovered materials are
 primarily manufactured using recovered
 aluminum and postconsumer or
 recovered plastics, including HDPE,
 LDPE, PET, PP, polycarbonate.
 Although the research conducted by
 EPA did not identify any manufacturers
 of signs, supports, or posts containing
 postconsumer or recovered wood, some
 manufacturers may use recovered wood
 to make signs and supports/posts. The
 Agency requests comments on the
 prevalence and use of postconsumer or
 recovered wood in the manufacture of
 signs and supports/posts. EPA obtained
 information on the use of steel for sign
 supports/posts; however, the agency did
 not identify any manufacturers of signs
 made from steel. The agency requests
 comments on the prevalence or use of
 recovered steel in the manufacture of
 signs.
   b. Technically proven uses. EPA
 identified nine manufacturers and
 distributors of signs and supports/posts
 containing recovered materials, seven of
 which use various postconsumer and/or
 recovered plastics and two of which use
 recovered aluminum.
 (1) Road Signs
   While almost any rigid material can
 be used for any type of road sign, most
 state agencies use aluminum because it
 has a high strength-to-weight ratio, costs
 less than other materials, and
 withstands extreme temperatures.
 Aluminum's strength-to-weight ratio is
 an important consideration. Road signs
 are usually more than 3 feet wide, so
 they must be strong but lightweight.
 States occasionally use smaller road
 signs, which could be made of a weaker
 material, but they prefer to use the same
 material for all signs to achieve
 economies of scale. States also prefer
 aluminum because it resists
 environmental damage. EPA obtained
 information that suggested that plywood
 is also occasionally used for road signs,
 but that its use has declined over the
years. Road signs are normally
 constructed of several extruded
 aluminum planks, formed into flat-

-------
vvEPA
    United States
    Environmental Protection Agency
    (5305W)
    Washington, DC 20460

    Official Business
    Penalty for Private Use
    $300

-------