[Federal Register Volume 59, Number 76 (Wednesday, April 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9420]


[[Page Unknown]]

[Federal Register: April 20, 1994]


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Part III





Environmental Protection Agency





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40 CFR Part 247, et al.



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Comprehensive Guideline for Procurement of Products Containing 
Recovered Materials and Issuance of a Draft Recovered Materials 
Advisory Notice; Proposed Rule and Notice
ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 247, 248, 249, 250, 252, and 253

[FRL-4875-6]
RIN 2050-AE16

 
Comprehensive Guideline for Procurement of Products Containing 
Recovered Materials

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) today is proposing a 
Comprehensive Procurement Guideline designating items that are or can 
be made with recovered materials. The Comprehensive Procurement 
Guideline implements section 6002(e) of the Resource Conservation and 
Recovery Act (RCRA), as amended by the Hazardous and Solid Waste 
Amendments of 1984, and section 502 of Executive Order 12873. RCRA 
section 6002 requires EPA to designate items that are or can be 
produced with recovered materials and to recommend practices for the 
procurement of designated items by procuring agencies. Executive Order 
12873 sets forth procedures for EPA to follow in implementing section 
6002(e) of RCRA. The Executive Order requires EPA to designate items in 
a Comprehensive Procurement Guideline and to recommend procurement 
practices in a related Recovered Materials Advisory Notice. Once EPA 
designates an item, RCRA section 6002 requires any procuring agency 
using appropriated Federal funds to procure that item to purchase it 
with the highest percentage of recovered materials practicable. In 
addition to designating new items, the Comprehensive Procurement 
Guideline incorporates and reorganizes the five procurement guidelines 
previously issued by EPA. These guidelines are: paper and paper 
products, re-refined lubricating oil, retread tires, building 
insulation, and cement and concrete. Today's proposed action will 
foster markets for materials recovered from solid waste by using 
government purchasing power to stimulate use of these materials in the 
manufacture of new products.

DATES: EPA will accept public comments on this proposed rule until June 
20, 1994.

ADDRESSES: The public must send an original and two copies of their 
comments to: RCRA Information Center (5305), U.S. Environmental 
Protection Agency, 401 M Street, SW., Washington, DC 20460.
    Please place the docket number (F-94-PRMP-FFFFF) on your comments.
    If any information is confidential, it should be identified as 
such. An original and two copies of Confidential Business Information 
(CBI) must be submitted under separate cover to: Document Control 
Officer (5305), Office of Solid Waste, U.S. Environmental Protection 
Agency, 401 M Street, SW., Washington, DC 20460.
    Documents related to today's rule are available for viewing at the 
RIC, located at: U.S. Environmental Protection Agency, RCRA Information 
Center, room M2616, 401 M Street, SW., Washington, DC 20460.
    The RIC is open from 9 a.m. to 4 p.m. Monday through Friday, except 
for Federal holidays. The public must make an appointment to review 
docket materials. Call (202) 260-9327 for appointments. Copies cost 
$.15 per page.

FOR FURTHER INFORMATION CONTACT: For general information, contact the 
RCRA Hotline at (800) 424-9346, or, in the Washington metropolitan 
area, (703) 412-9810. For technical information on individual item 
designations, contact the following EPA staff: Plastic Pipe and 
Fittings, Geotextiles, Carpet, Floor Tile and Patio Blocks, Playground 
Surfaces and Running Tracks--Robin Moran, (202) 260-5066; Engine 
Coolant, Structural Fiberboard and Laminated Paperboard, Rockwool and 
Fiberglass Insulation, Cement Containing Blast Furnace Slag, and 
Hydraulic Mulch--Dana Arnold, (202) 260-8518; Yard Trimmings Compost--
Hope Pillsbury, (202) 260-2797; Temporary Traffic Control Devices, 
Office Recycling Containers and Waste Receptacles, Plastic Desktop 
Accessories, Remanufactured Toner Cartridges, Binders, and Plastic 
Trash Bags--Beverly Goldblatt, (202) 260-7932. For all other technical 
information, contact Beverly Goldblatt at (202) 260-7932, or Dana 
Arnold at (202) 260-8518.

SUPPLEMENTARY INFORMATION:

Preamble Outline

I. Authority
II. Background
     A. Materials in Solid Waste
    1. Paper and Paperboard
    2. Plastics
    3. Glass
    4. Yard Trimmings
    5. Wood
    6. Rubber
    7. Engine Coolant
    8. Blast Furnace Slag
    B. Benefits of Recycling
    C. Requirements
    1. RCRA Section 6002
    2. Executive Order 12873
    3. Other Requirements and Policies
    D. Criteria for Selecting Items for Designation
    E. Methodology for Selecting Items for Designation
    F. Request for Comments
III. Consolidation of Procurement Guidelines into 40 CFR Part 247
IV. Purpose, Scope, and Applicability
    A. Purpose and Scope
    B. Applicability
    1. Statutory Provisions
    2. Who Is a Procuring Agency?
    3. To Which Purchases Does Section 6002 Apply?
    4. What Is the $10,000 Threshold?
V. Definitions
VI. Affirmative Procurement Program
    A. Specifications
    B. Preference Program
    1. Minimum Content Standards
    2. Case-by-Case Policy Development
    3. Substantially Equivalent Alternative
    4. Requirements for Contractors and Grantees
    5. Exceptions
    C. Promotion Program
    1. Internal Promotion
    2. External Promotion
    D. Estimation, Certification, and Verification
    E. Procedures to Monitor and Review the Procurement Program
    1. Monitoring and Annual Review
    2. Reporting
VII. Proposed Categories of Item Designations
VIII. Paper and Paper Products
IX. Vehicular Products
    A. Re-Refined Lubricating Oil and Retread Tires
    B. Engine Coolants
    1. Background
    2. Rationale for Designation
    3. Designation
X. Construction Products
    A. Building Insulation
    B. Structural Fiberboard and Laminated Paperboard
    1. Background
    2. Rationale for Designation
    3. Designation
    C. Plastic Pipe and Fittings
    1. Background
    2. Rationale for Designation
    3. Designation
    D. Geotextiles
    1. Background
    2. Rationale for Designation
     3. Designation
    E. Cement and Concrete
    1. Background
    2. Rationale for Designation
    3. Designation
    F. Carpet
    1. Background
    2. Rationale for Designation
    3. Designation
    G. Floor Tiles and Patio Blocks
    1. Background
    2. Rationale for Designation
    3. Designation
XI. Transportation Products
    A. Temporary Traffic Control Devices
    1. Background
    2. Rationale for Designation
    3. Designation
XII. Park and Recreation Products
    A. Playground Surfaces and Running Tracks
    1. Background
    2. Rationale for Designation
    3. Designation
XIII. Landscaping Products
    A. Hydraulic Mulch
    1. Background
    2. Rationale for Designation
    3. Designation
    B. Yard Trimmings Compost
    1. Background
    2. Rationale for Designation
    3. Designation
XIV. Non-Paper Office Products
    A. Office Recycling Containers and Office Waste Receptacles
    1. Background
    2. Rationale for Designation
    3. Designation
    B. Plastic Desktop Accessories
    1. Background
    2. Rationale for Designation
    3. Designation
    C. Remanufactured Toner Cartridges
    1. Background
    2. Rationale for Designation
     3. Designation
    D. Binders
    1. Background
    2. Rationale for Designation
    3. Designation
    E. Plastic Trash Bags
    1. Background
    2. Rationale for Designation
    3. Designation
    XV. Miscellaneous Products
XVI. Potential Items for Future Designation
XVII. Availability
XVIII. Economic Impact Analysis
XIX. Supporting Information

I. Authority

     This guideline is proposed under the authority of sections 2002(a) 
and 6002 of the Solid Waste Disposal Act, as amended by the Resource 
Conservation and Recovery Act of 1976, as amended, 42 U.S.C. 6912(a) 
and 6962, and section 502 of Executive Order 12873 (58 FR 54911, 
October 20, 1993).

II. Background

     Today, the Environmental Protection Agency (EPA) is proposing a 
Comprehensive Procurement Guideline designed to encourage the purchase 
and use of products containing recovered materials. Section 6002 of the 
Solid Waste Disposal Act, as amended by the Resource Conservation and 
Recovery Act of 1976 (RCRA or the Act) and the Hazardous and Solid 
Waste Amendments of 1984 (HSWA), requires EPA to designate items that 
are or can be made with recovered materials and to recommend practices 
to assist procuring 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 or E.O.) sets forth the 
procedure for EPA to follow in implementing RCRA section 6002(e). 
Section 502 of the Order requires EPA to designate items in a 
Comprehensive Procurement Guideline (CPG) and to recommend procurement 
practices in a related Recovered Materials Advisory Notice (RMAN). 
Today's proposed rule fulfills the CPG requirement of the Executive 
Order. The proposed RMAN also appears in today's Federal Register.
     Since 1983, EPA has issued five guidelines for the procurement of 
products containing recovered materials. The guidelines issued to date 
are listed in Table 1. 

     Table 1.--EPA Guidelines for Procurement of Products Containing    
                          Recovered Materials                           
------------------------------------------------------------------------
       Guideline                CFR part                Date (FR)       
------------------------------------------------------------------------
 Cement and concrete      40 CFR Part 249.....  January 28, 1983 (48 FR 
 containing fly ash.                             4230).                 
Paper and paper products  40 CFR Part 250.....  June 22, 1988 (53 FR    
                                                 23546).                
Re-refined lubricating    40 CFR Part 252.....  June 30, 1988 (53 FR    
 oils.                                           24699).                
Retread tires...........  40 CFR Part 253.....  November 17, 1988 (53 FR
                                                 46558).                
Building insulation.....  40 CFR Part 248.....  February 17, 1989 (54 FR
                                                 7327).                 
------------------------------------------------------------------------

    Today, EPA is proposing to designate 21 additional items and to 
amend the building insulation guideline to establish recovered 
materials content levels for fiberglass and increase the levels for 
rockwool. The new items that EPA is proposing for designation are: 
engine coolant, structural fiberboard and laminated paperboard, plastic 
pipe and fittings, geotextiles, cement containing blast furnace slag, 
carpet, floor tile and patio blocks, traffic cones and traffic 
barricades, playground surfaces and running tracks, hydraulic mulch, 
yard trimmings compost, office recycling containers and office waste 
receptacles, plastic desktop accessories, remanufactured toner 
cartridges, binders, and plastic trash bags.
    This preamble describes the requirements of RCRA section 6002 and 
Executive Order 12873, explains the basis for designating specific 
products as procurement items subject to RCRA section 6002, describes 
the proposed changes to the building insulation guideline, and 
incorporates and recodifies the existing five guidelines into a revised 
40 CFR part 247. The related RMAN, which also appears in today's 
Federal Register, discusses EPA's proposed recommendations for 
implementing RCRA section 6002 with respect to procurement of the 
designated items. The RMAN also provides information regarding the 
price, availability, and performance of these products.
    For the convenience of the reader, Table 2 lists acronyms 
referenced throughout this preamble.

                 Table 2.--Commonly Referenced Acronyms                 
------------------------------------------------------------------------
   Acronym                                Term                          
------------------------------------------------------------------------
AASHTO          American Association of State Highway and Transportation
                 Officials.                                             
APC             American Plastics Council.                              
ASHRAE          American Society for Heating, Refrigeration and Air     
                 Conditioning Engineers.                                
ASTM            American Society for Testing and Materials.             
BOCA            Building Officials Council of America.                  
CABO            Council for American Builders Association.              
CPG             Comprehensive Procurement Guideline.                    
C&D             Construction and Demolition Debris.                     
E.O.            Executive Order 12873.                                  
EPA             Environmental Protection Agency.                        
FHWA            Federal Highway Administration.                         
GGBF            Ground Granulated Blast Furnace (Slag).                 
GSA             General Services Administration.                        
HDPE            High Density Polyethylene.                              
HSWA            Hazardous and Solid Waste Amendments of 1984.           
ICBO            International Conference of Building Officials.         
LDPE            Low Density Polyethylene.                               
LLDPE           Linear Low Density Polyethylene.                        
METRO           Metro Portland Solid Waste Department.                  
OFPP            Office of Federal Procurement Policy.                   
PET             Polyethylene Terephthalate.                             
PP              Polypropylene.                                          
PS              Polystyrene.                                            
PVC             Polyvinyl Chloride.                                     
RCRA            Resource Conservation and Recovery Act of 1976.         
RMAN            Recovered Materials Advisory Notice.                    
------------------------------------------------------------------------

A. Materials in Solid Waste

    As discussed in section II.E of this preamble, RCRA section 6002 
provides criteria for EPA to consider when selecting items for 
designation. One of these criteria is the impact of procurement of the 
item on the solid waste stream: EPA's designation of an item should 
promote the statute's underlying objective of using the stimulus of 
government procurement to foster markets for items containing materials 
recovered from solid waste. Consistent with this objective, each of the 
items that EPA proposes to designate today is made with one or more 
materials recovered from solid waste. This section briefly discusses 
these materials and, where applicable, alternative uses for them.
    Generally, solid waste has several components, such as municipal 
solid waste, construction and demolition debris, and non-hazardous 
industrial waste. EPA produces biennial characterizations of the 
generation and recovery of municipal solid waste in the United States. 
Similar national characterizations of the other components of non-
hazardous solid waste are unavailable, although some state and local 
governments have characterized one or more of these other components 
within their jurisdiction. Under RCRA section 6002, EPA considers 
materials recovered from any component of solid waste for purposes of 
designating items containing recovered materials.
    EPA's latest municipal solid waste characterization study, which 
presents 1990 waste generation and recovery data, addresses the 
following materials: paper and paperboard, glass, metals, plastics, 
rubber and leather, textiles, wood, food wastes, yard trimmings, 
miscellaneous inorganic wastes, and other materials. Table 3 shows the 
1990 generation and recovery of these materials. The largest components 
of the municipal solid waste stream are paper and paperboard (37.5 
percent), yard trimmings (17.9 percent), plastics (8.3 percent), and 
glass (6.7 percent). Paper, paperboard, and yard trimmings alone 
accounted for over 55 percent of the materials generated in 1990.

 Table 3.--Materials Generation and Recovery in the U.S. Municipal Waste
                              Stream, 1990                              
                         [In millions of tons]                          
------------------------------------------------------------------------
                                                    Generation          
                     Materials                                  Recovery
------------------------------------------------------------------------
Paper and Paperboard..............................       73.3       20.9
Glass.............................................       13.2        2.6
Metals............................................  ..........  ........
Ferrous...........................................       12.3        1.9
Aluminum..........................................        2.7        1.0
Other Nonferrous..................................        1.2        0.8
Plastics..........................................       16.2        0.4
Rubber and Leather................................        4.6        0.2
Textiles..........................................        5.6        0.2
Wood..............................................       12.3        0.4
Other.............................................        3.2        0.8
Food Wastes.......................................       13.2      (\1\)
Yard Trimmings....................................       35.0        4.2
Misc. Inorganic Wastes............................        2.9      (\1\)
       Totals.....................................      195.7       33.4
------------------------------------------------------------------------
Source: ``Characterization of Municipal Solid Waste in the U.S.: 1992   
  Update,'' U.S. EPA, July 1992.                                        
\1\Negligible.                                                          

    EPA's existing procurement guidelines foster markets for several of 
the municipal solid waste components identified in Table 3--paper and 
paperboard, rubber (tires), and plastics and glass (used in building 
insulation)--as well as used oil and fly ash generated by coal burning 
utilities. The proposed revisions and new item designations address 
paper, plastics, glass, yard trimmings, wood, rubber, and other 
materials.
1. Paper and Paperboard
    As shown in Table 4, paper and paperboard are major components of 
the solid waste stream. In 1990, the municipal waste stream included 
over 73 million tons of waste paper, or 37.5 percent of total municipal 
solid waste generated. Paper waste includes office papers, newspapers, 
corrugated containers and other paper packaging, and a mixture of other 
papers (e.g., direct mail). In 1990, the United States generated nearly 
13 million tons of newspapers, 6 million tons of office papers, and 
nearly 33 million tons of containers and packaging.
    A significant portion of paper is recovered and used in the 
manufacture of new paper and paperboard products. In 1992, the American 
paper industry recovered nearly 40 percent of paper and paperboard 
generated in the U.S., or approximately 34 million tons. Of this, 26.5 
million tons were used in U.S. mills to make recycled paper and 
paperboard products, 0.8 million tons were used in the manufacture of 
other products, and 6.3 million tons were exported. Table 4 provides 
the tonnage of various grades of paper and paperboard recovered in 
1992, as reported by the American Forest & Paper Association.

           Table 4.--Recovery of Paper and Paperboard in 1992           
                      [In millions of short tons]                       
------------------------------------------------------------------------
                           Grade                                Tonnage 
------------------------------------------------------------------------
Newspapers..................................................         7.2
Mixed papers................................................         4.0
Corrugated..................................................        15.4
Pulp substitutes............................................         3.7
High grade deinking.........................................         3.3
      Totals................................................        33.6
------------------------------------------------------------------------
Source: American Forest & Paper Association.                            

    In 1993, the American paper industry set a goal of recovering 50 
percent of paper and paperboard generated by the year 2000. The 
industry estimates that 78 percent of all paper and paperboard 
recovered domestically in the year 2000 will be used in the manufacture 
of new paper and paperboard, 7 percent will be used in other products, 
and 15 percent will be exported. The industry projects that much of the 
growth in use of recovered paper will be in containerboard (corrugated 
medium and linerboard) and tissue products, although use in newsprint 
and printing and writing paper is expected to grow as well.
    In addition to use in new paper products, recovered paper and 
paperboard can be used to make such items as hydraulic mulch and board 
products used in the construction industry for insulation and 
structural applications. Increasing demand for products made with 
recovered paper may help increase the supply of these products and can 
lead to an increase in the price of these materials. For technical 
performance and economic reasons, the paper industry is not now capable 
of using 100 percent recovered paper in all of its products. Also, 
despite the significant investment made by the paper industry over the 
last several years in equipment and capacity to use recovered paper, it 
is still difficult to find markets for recovered paper in some parts of 
the United States.
2. Plastics
    Plastics in the waste stream include non-durable goods such as 
consumer packaging, containers, toys, and housewares; durable goods 
such as furniture, appliances, and computers; and commercial/industrial 
goods such as pipe, cable, siding, and auto parts. Plastics made up 8.3 
percent by weight (16.2 million tons) of municipal solid waste 
according to EPA's 1992 characterization study. By volume, plastics 
were the second highest component (21 percent) of municipal solid 
waste. The EPA characterization study also showed that plastics were 
recovered at a rate of 2.2 percent by weight in 1990.
    The American Plastics Council (APC) reported that the 1992 
recycling rate for postconsumer plastic bottles and rigid containers 
was 15.4 percent; for other types of plastic packaging, the recycling 
rate was 6.5 percent. The report, entitled, ``Post-Consumer Plastics 
Recycling Rates: 1991 and 1992,'' is based on data compiled from 229 
companies involved in the reclamation of postconsumer plastics. 
Information was compiled from plastic reclaimers who carried out the 
last value-added step before remanufacture, and plastics handlers, 
reclaimers, or brokers who were exporting the materials for recycling. 
According to APC, the most commonly recycled postconsumer products are 
polyethylene terephthalate (PET) soft drink bottles, with a 40.6 
percent recycling rate, and high density polyethylene (HDPE) milk and 
water jugs, with a 23.5 percent recycling rate. Other postconsumer 
resins, including polyvinyl chloride (PVC), low density polyethylene 
(LDPE) (including linear low density polyethylene (LLDPE)), and 
polystyrene (PS) are recycled at rates lower than 1 percent; 
polypropylene (PP) is recycled at a somewhat higher rate of 3 percent.
    PET has the highest recycling rate of all postconsumer resins. APC 
reported a 23.8 percent overall recycling rate (460.5 million pounds) 
for postconsumer PET. This rate reflects the high recycling rate for 
PET soft drink bottles, which are the most widely recycled plastic 
product. PET custom bottles (e.g., peanut butter jars and cooking oil 
bottles), other PET packaging, and non-packaging materials (e.g., x-ray 
film) are recycled at much lower rates (4.6 percent, 0.3 percent, and 
12.6 percent, respectively). Currently, the primary market for 
postconsumer PET is fiber for use in products such as ski jackets, 
sleeping bags, and carpet. Other markets for postconsumer PET include 
geotextiles, soft drink bottles, and household product containers.
    There is a large potential supply of HDPE from postconsumer 
sources, as well as preconsumer sources. APC reported that 443.9 
million pounds of postconsumer HDPE were recycled in 1992. The supply 
of postconsumer HDPE is mainly from recycled milk and water jugs, 
detergent bottles and other household products bottles. Other sources 
reported that 427.6 million pounds of preconsumer (or post-industrial) 
HDPE were recycled in 1990. The availability of postconsumer HDPE is 
expected to increase as more communities include HDPE products in their 
recycling collection programs and as improvements in recovered plastics 
processing are achieved.
    There is also a supply of recovered PVC, although relatively small 
amounts of postconsumer PVC are available. PVC bottles make up a small 
percentage of the consumer container market and typically have not been 
collected in local recycling programs. APC reported that 20.6 million 
pounds of postconsumer PVC was recycled in 1992. Other sources estimate 
that the amount of preconsumer recovered PVC were approximately 130.9 
million pounds in 1990, and the supply of preconsumer recovered PVC now 
is expected to be greater due to increased diversion from the waste 
stream. Sources of preconsumer PVC include industrial scraps from the 
manufacture of vinyl siding, blister packs and floor tiling. EPA was 
unable to obtain estimates of post-industrial plastic recovery rates.
    Currently, the price of most recovered resins is not competitive 
with virgin resin; thus, many communities are discouraged from 
including plastics in their collection programs. Further, there are 
still many technical barriers to the efficient processing of recovered 
plastics. For example, the various plastic resins are not mutually 
compatible, requiring that they be separated during processing. The 
development of higher value end-markets for the plastics that are 
currently being collected may off-set the costs of processing the 
recovered plastic and encourage more communities to recover plastics 
from the waste stream, which, in turn, will increase supply.
3. Glass
    The glass found in municipal solid waste is primarily in the form 
of containers, although glass is also found in durable goods such as 
furniture, appliances, and consumer electronics. The chemical 
composition of glass varies with its use. For example, container glass 
differs from glass used in automotive windshields. For this reason, 
glass from one product may not be used easily in the manufacture of 
other products.
    In 1990, approximately 22 percent of glass containers were 
recovered for recycling, with a 20 percent recovery rate for all glass 
in municipal solid waste. By 1992, 27 percent of all glass containers 
manufactured and sold in the U.S. were recycled. If refillables are 
counted, the glass recycling rate increases to 33 percent.
    The major market for recovered container glass is the glass 
container manufacturing industry. There are 75 container plants in the 
U.S., but they are not distributed uniformly across the country. They 
are not now using all of the container glass being recovered.
    A potential alternative market for recovered container and other 
glass is the fiberglass insulation manufacturing industry. EPA's 1989 
building insulation products procurement guideline included fiberglass 
insulation, but EPA did not recommend recovered materials levels for 
this item. Today, EPA is recommending recovered materials levels for 
fiberglass insulation in order to foster use of recovered glass in this 
product.
4. Yard Trimmings
    Roughly 35 million tons per year of yard debris (leaves, lawn 
clippings, bush and tree trimmings) and kitchen scraps (fruit and 
vegetable scraps) together comprise about 28 percent of municipal solid 
waste. Yard materials alone comprise 18 percent of the municipal waste 
stream.
    These materials can be composted to produce a usable product, 
rather than landfilled or incinerated. Today, 26 states have laws or 
regulations that prohibit yard materials from being landfilled.
5. Wood
    EPA estimates that approximately 12.3 million tons of wood were 
generated as municipal solid waste in 1990. Only 3 percent (400,000 
tons) was recovered. The sources of wood include furniture, 
miscellaneous durables, wood packaging (including pallets), and other 
miscellaneous products.
    Wood also is present in construction and demolition (C&D) debris--
materials generated as a result of construction, renovation, or 
demolition of structures. C&D debris is disposed in both municipal and 
C&D landfills. Generation of C&D debris fluctuates with seasons, 
climate, weather, and the local and national economy. As a result, 
there are no generally accepted estimates of C&D debris generation. 
According to one report, various studies estimated generation rates 
ranging from 0.12 to 3.52 pounds/person/day. [``Construction Waste & 
Demolition Debris Recycling . . . A Primer,'' prepared for SWANA/EPA/
MITE by Gershman, Brickner & Bratton, Inc.]
    Wood can account for as much as 30 percent of C&D debris, 
particularly if land has been cleared for construction. According to 
one article, Maine and Oregon reported that more than 97 percent of 
their wood waste was landfilled as recently as 1988. (Gitlin, Lisa, 
``Integrating Wood into the Recycling Loop,'' Recycling Today, June 
1991) However, as landfill tipping fees increase and landfill space 
becomes limited in some states, wood chipping and reclamation of wood 
from C&D is increasing. Communities with public or private wood 
reclamation programs include Baltimore (the Loading Dock), the Bronx 
(Urban Solutions), Berkeley (Urban Ore), San Jose, Chicago, Milwaukee, 
Portland, Cleveland, and San Diego. Some of these programs reclaim 
parts for reuse, while others chip wood for new applications, or both. 
Much of the wood is turned into fuel, compost, or mulch, including 
hydraulic mulch.
    Recovery of wood is increasing, however. In particular, in the 
West, there is growing demand for secondary sources of wood fiber due 
to restrictions on timber harvesting. In 1993, the Metro Portland Solid 
Waste Department (METRO) reported that more than 216,000 tons of wood 
were generated in 1992, including wooden shipping containers and 
pallets, untreated dimensional lumber and finishing pieces from C&D 
activities, and large stumps from landclearing. METRO estimated that 46 
percent of these materials were recovered, excluding wood that was 
salvaged for reuse.
    Although a comprehensive list of C&D debris recovery programs is 
not available, published reports indicate that programs exist in all 
parts of the U.S. and that it is technologically and economically 
feasible to recover wood wastes for use in such items as board 
products, industrial boiler fuel, landscaping and hydraulic mulches, 
sludge bulking media, and animal bedding.
6. Rubber
    The predominant source of rubber in municipal solid waste is rubber 
tires. There are approximately 2-3 billion scrap tires currently 
stockpiled across the U.S., and over 240 million more are generated 
annually. Improperly operated stockpiles can create serious health and 
environmental threats from fires and insect- or rodent-borne diseases. 
Most states now have scrap tire management legislation fostering 
alternatives to tire stockpiling and disposal. One of these 
alternatives is tire retreading, which is the focus of EPA's 1988 tire 
procurement guideline. Another alternative is to use crumb rubber, 
either alone or mixed with plastics, to produce new products. Several 
of the items proposed for designation today contain recovered crumb 
rubber from tires.
    Crumb rubber, a fine granular or powdered material capable of being 
used to make traffic cones and other products, is currently recovered 
from whole scrap tires using thermal and/or mechanical processing 
techniques. Crumb rubber is also derived from the tire retreading 
process, when a worn tire tread is removed from a retreadable tire 
casing during a buffing process before a new tread surface is affixed. 
Rubber materials derived from this process are frequently referred to 
as ``buffings'' or ``buffing dust.'' Approximately 200 million tons of 
tire buffings are generated each year by the tire retreading industry 
in the United States.
7. Engine Coolants
    Annually, more than 200 million gallons of engine coolant are sold 
in the United States. After purchase, engine coolant is diluted 50 
percent with water before placement in the engine. If the majority of 
engine coolant sold annually is replacing spent engine coolant (rather 
than refilling leaking radiators), then 400 million gallons of spent 
engine coolant mixtures require disposal each year. Engine coolant is 
disposed by discharging it into a sewage treatment system, dumping it 
on the ground, recycling it, or managing it as a hazardous waste.
    Some sewage treatment systems are designed in such a manner that 
they can treat spent engine coolant without a problem. Increasingly, 
sewage treatment plants require notification prior to or even restrict 
the discharge of spent engine coolant to their systems. In addition, 
engine coolant can cause damage to a septic treatment system if it is 
flushed into the system, and can cause harm to the environment if it is 
dumped on the ground.
    Used engine coolant may become contaminated by heavy metals 
(predominately lead and copper) to such a degree that it is a hazardous 
waste according to EPA's regulations. Some engine coolant has failed 
the Toxicity Characteristic Leaching Procedure (TCLP) test because of 
heavy metals and, therefore, is subject to regulation as a hazardous 
waste in accordance with Federal and state hazardous waste management 
regulations. States such as New Jersey have chosen to list spent engine 
coolant as a hazardous waste.
    The concentration of hazardous contaminants in spent engine coolant 
seems to depend on many factors, including: the maintenance and use of 
the vehicle, the design of the engine, the amount of corrosion 
inhibitor additives. The amount of heavy metals in spent coolant should 
greatly decrease in the next few years because of a trend in the 
automotive industry to use aluminum and plastic in radiators rather 
than brass. Use of plastic and/or aluminum parts reduces or eliminates 
the need for lead solder, thereby reducing or removing the source of 
lead and copper contamination. This industry trend may reduce, if not 
eliminate, the issue of contaminated engine coolant and disposal as a 
hazardous waste.
    Spent engine coolant can be recycled by removing contaminants and 
breakdown products of the original ingredients and replacing corrosion 
inhibitors. Generators of spent engine coolant can either purchase 
equipment to reclaim the fluid themselves or contract with an engine 
coolant reclaimer.
8. Blast Furnace Slag
    Iron blast furnace slag, or ground granulated blast furnace slag 
(GGBF slag), is a by-product of the production of iron in a blast 
furnace. It is produced when water quenches molten blast-furnace slag. 
Approximately 16 million tons of it are generated annually and are not 
reused within the original manufacturing process.
    Approximately 75 percent of GGBF slag is used in aggregate 
applications such as fill, road bases, and the coarse aggregate 
component of asphalt and concrete, while the remaining 25 percent (3-4 
million tons) is stockpiled. In other words, by the year 2000, as much 
as an additional 24 million tons of slag will have accumulated in 
stockpiles. GGBF slag can be used in cement and concrete for a variety 
of applications.

B. Benefits of Recycling

    By all measures, the United States generates more solid waste 
(including municipal solid waste, construction and demolition debris 
and non-hazardous industrial waste) than any other country in the 
world. While the rate of increase of waste generation has slowed over 
the last 10 years, amounts generated measured on a per capita or total 
basis continue to grow. The occurrence of regional waste disposal 
capacity shortages and the difficulty in siting new disposal facilities 
continue to plague State and local decision-makers responsible for 
managing solid waste--creating national concern. In RCRA, Congress 
acknowledged the importance of recycling in helping to alleviate these 
problems and recognized that recycling is not merely the collection of 
materials, but includes the need for products to be made from these 
materials and purchased by consumers.
    Section 6002 was added to RCRA to foster markets for products made 
from materials diverted from the solid waste stream by using Federal 
purchasing power to stimulate the demand for products made with 
recovered materials. The statute does this by requiring EPA to issue 
guidelines to be used by Federal agencies to procure recycled products. 
President Clinton's Executive Order 12873 further bolsters the Federal 
government's commitment to buy products containing recovered materials 
by ``streamlining'' the process used by EPA in fulfilling its 
obligation under RCRA section 6002 to designate items that are or can 
be made with recovered materials.
    Executive Order 12873 was issued with recognition that the Nation's 
interest is served when the Federal government makes more efficient use 
of natural resources by maximizing recycling and preventing waste 
wherever possible and that the Federal government should--through cost-
effective waste prevention and recycling activities--work to conserve 
disposal capacity, and serve as a model in this regard for private and 
other public institutions. The use of recovered materials in 
manufacturing can result in significantly lower energy and material 
input costs than when virgin raw materials are used. Aluminum 
recycling, for instance, can save up to 97 percent of the energy 
requirements for making new aluminum, as compared to the use of 
bauxite. Use of recovered materials can reduce the generation and 
release of air and water pollutants often associated with manufacturing 
(including air emissions that contribute to the level of ``greenhouse 
gases'' and ozone depletion). Air pollutant reductions of nearly 25 
percent have been associated with the manufacture of glass from 
recovered materials, while reductions from the manufacture of steel and 
aluminum can be as high as 85 percent and 95 percent, respectively, 
when recovered materials are used. Additionally, water pollutant 
reductions in the manufacture of steel and aluminum can be as high as 
75 percent and 95 percent, respectively, when recovered materials are 
used. Using recovered materials also reduces the environmental impacts 
of mining, harvesting, and other extraction of natural resources, while 
conserving non-renewable resources for future use. Recycling can also 
divert large amounts of materials from landfills, conserving 
increasingly valuable space for the management of materials that truly 
require disposal. This reduces the need to expand existing or site new 
disposal facilities, allowing local officials to devote more attention 
to health, education, and safety issues.
    Executive Order 12873 also points out that the use of recycled 
products by the Federal government can spur private sector development 
of new technologies and the use of such products, thereby creating 
business and employment opportunities that enhance local, regional and 
national economies. Technological innovation associated with the use of 
recovered materials can translate into economic growth and make 
American industry more competitive in the global economy.
    Both RCRA and the E.O. recognize the interdependence between buying 
recycled products and the success of recycling. For recycling to occur, 
industry must use recovered materials as feedstock for the manufacture 
of new products. Despite the environmental and economic efficiencies 
that can be realized by using recovered materials as feedstock, a 
manufacturer's primary responsibility remains to produce products that 
meet the demand of the consumer. The Federal government, through its 
purchasing decisions as a consumer, can play a key role in influencing 
manufacturer's decisions on products made with recovered materials. By 
purchasing products containing recovered materials pursuant to the 
guidelines established under RCRA and Executive Order 12873, the 
Federal government has the opportunity to increase markets for 
recovered materials and to contribute significantly to an increased 
level of recycling in this country. These guidelines also serve to 
stimulate the purchase of recycled products nationwide, since many 
State and local governments, as well as the private sector, use these 
guidelines as a framework for their purchases.
    Executive Order 12873 also requires Federal agencies to consider 
waste prevention in their acquisition of products and services. Waste 
prevention is the design, manufacture, purchase, or use of materials or 
products to reduce the volume or toxicity of the waste stream. EPA has 
not yet issued guidance on how to incorporate the concept of waste 
prevention in purchasing decisions. The Agency will be addressing this 
matter when EPA issues its guidance on ``environmentally preferable-
products,'' as required by section 503 of the Executive Order. Today's 
notice pertains only to the issuance of a Comprehensive Procurement 
Guideline designating items that are or can be made with recovered 
materials. A Recovered Materials Advisory Notice, which recommends 
recycled content levels at which the designated items are available, is 
published separately in today's Federal Register.

C. Requirements

    RCRA section 6002 and Executive Order 12873 set forth requirements 
for the procurement of products containing recovered materials. The 
requirements of RCRA section 6002 apply to ``procuring agencies,'' as 
defined in section V; Executive Order requirements apply only to 
Federal ``Executive agencies,'' as defined in section 202 of Executive 
Order 12873.
1. RCRA Section 6002
    RCRA section 6002 requires EPA to designate items that are or can 
be made with recovered materials and to recommend practices to assist 
procuring agencies in purchasing the designated items. Once an item is 
designated by EPA, procuring agencies that use appropriated Federal 
funds to purchase the item are required to purchase it composed of the 
highest percentage of recovered materials practicable (and in the case 
of paper, the highest percentage of postconsumer recovered materials), 
taking into consideration the limitations set forth in section 
6002(c)(1) (A) through (C) (i.e., competition, price, availability, and 
performance). The requirement applies when the purchase price of the 
item exceeds $10,000 or when the total cost of such items, or of 
functionally equivalent items, purchased during the preceding fiscal 
year was $10,000 or more. Within one year after EPA designates an item, 
RCRA section 6002(d)(2) requires that Federal agencies revise their 
specifications to require the use of recovered materials to the maximum 
extent possible without jeopardizing the intended end-use of the item. 
Section 6002(d)(1) further requires Federal agencies responsible for 
drafting or reviewing specifications to review all of their product 
specifications to eliminate both provisions prohibiting the use of 
recovered materials and requirements specifying the exclusive use of 
virgin materials. This revision process should have been completed by 
May 8, 1986.
    Once EPA designates an item, responsibility for complying with RCRA 
section 6002 rests with the procuring agencies. For each item 
designated by EPA, RCRA section 6002(i) requires each procuring agency 
to develop an affirmative procurement program, which sets forth the 
agency's policies and procedures for implementing the requirements of 
RCRA section 6002. The program must assure that the agency purchases 
items composed of recovered materials to the maximum extent practicable 
and that these purchases are made consistent with applicable provisions 
of Federal procurement law. In accordance with RCRA section 6002(i), 
the affirmative procurement program must contain at least four 
elements:
    (1) A recovered materials preference program;
    (2) An agency promotion program;
    (3) A program for requiring vendors to reasonably estimate, 
certify, and verify the recovered materials content of their products; 
and
    (4) A program to monitor and annually review the effectiveness of 
the affirmative procurement program.
    Finally, RCRA section 6002(g) requires the Office of Federal 
Procurement Policy to implement the requirements of RCRA section 6002 
and to coordinate this policy with other Federal procurement policies 
in order to maximize the use of recovered materials. RCRA further 
requires OFPP to report to Congress every two years on actions taken by 
Federal agencies to implement such policy.
2. Executive Order 12873
    Executive Order 12873, entitled ``Federal Acquisition, Recycling, 
and Waste Prevention,'' was signed by President Clinton on October 20, 
1993. Section 502 of the Order establishes a new, two-part process for 
EPA to use when developing and issuing the procurement guidelines for 
products containing recovered materials, as required by RCRA section 
6002(e). The first part, the Comprehensive Procurement Guideline, 
involves designating items that are or can be made with recovered 
materials, an activity requiring rulemaking. As with the previous 
guidelines, the CPG is to be developed using formal notice-and-comment 
rulemaking procedures. The final CPG is to be codified in the Code of 
Federal Regulations. Today's proposed CPG is being developed under the 
procedures established in the Executive Order.
    The second part, the Recovered Materials Advisory Notice, provides 
recommendations to procuring agencies on purchasing the items 
designated in the CPG. The E.O. directs EPA to propose the RMAN in the 
Federal Register and to take comment on the proposal. The RMAN for 
items proposed for designation in today's CPG also appears in today's 
Federal Register.
    EPA is also required to provide guidance to Executive agencies on 
procuring environmentally-preferable products. Section 503 of the 
Executive Order requires EPA to develop and issue guiding principles 
that Executive agencies should use in purchasing environmentally-
preferable products. EPA is developing these guiding principles 
separately from the CPG and RMAN and will provide an opportunity for 
the public to participate in their development.
    Section 401 requires Executive agencies to consider the use of 
recovered materials and other environmental factors in acquisition 
planning for all procurements and in the evaluation and award of 
contracts.
    Section 402 directs the head of each Executive agency to implement 
the affirmative procurement program requirements of RCRA section 
6002(i) and to include in the affirmative procurement programs a 
requirement that all purchases of EPA-designated items meet or exceed 
the EPA-recommended levels. It further requires agency affirmative 
procurement programs to encourage that (1) documents be transferred 
electronically, (2) all government documents printed internally be 
printed double-sided, and (3) contracts, grants, and cooperative 
agreements issued after October 20, 1993, include provisions that 
require documents to be printed double-sided on recycled paper that 
meets or exceeds the standards established in the Executive Order or in 
future EPA Recovered Materials Advisory Notices.
    Sections 501, 504, 505, and 506 of the Executive Order describe 
requirements for Executive agencies to incorporate the provisions of 
RCRA section 6002(d)(1) and requires specific actions to be taken by 
certain agencies. Section 501 of the Executive Order requires Executive 
agencies to review and, where applicable, revise their specifications, 
product descriptions, and standards to enhance Federal procurement of 
products containing recovered materials. When agencies convert to 
Commercial Item Descriptions (CIDs), they are required to ensure that 
the CIDs meet or exceed the recovered materials requirements of the 
specifications or product descriptions that they replace.
    Section 504 requires Executive agency heads to purchase uncoated 
printing and writing paper with a minimum of 20 percent postconsumer 
content beginning December 31, 1994. Section 505 further requires the 
General Services Administration and other Federal agencies to revise 
their paper specifications to eliminate barriers, unrelated to 
performance, to purchasing paper or paper products made by production 
processes that minimize emissions of harmful by-products.
    Section 506 reinforces the procurement guidelines for re-refined 
oil and retread tires by requiring commodity managers to finalize 
specification revisions for the products and to develop and issue 
specifications for tire retreading services. Once these specifications 
are finalized, commodity and fleet managers are required to take 
affirmative steps to procure retread tires and re-refined oil.
    Section 602 of the Executive Order directs Executive agencies to 
set goals for purchasing recycled and other environmentally-preferable 
products and to maximize the number of recycled products purchased, 
relative to non-recycled alternatives.
    Finally, section 301 requires the Federal Environmental Executive 
to submit an annual report to the Office of Management and Budget on 
the actions taken by agencies to comply with the requirements of the 
Executive Order, including the affirmative procurement program 
requirements set forth in RCRA section 6002. To enable the Federal 
Environmental Executive to develop this report, Executive agencies are 
required to provide information on their implementation actions.
3. Other Requirements and Policies
    There are several other policies and procedures that may affect the 
procurement of products containing recovered materials by Federal and 
other government agencies. For the convenience of the reader, EPA has 
briefly summarized requirements and policies set forth in the Federal 
Acquisition Regulation, OFPP Policy Letter 92-4, and OMB Circulars A-
102, A-119, and A-131.
    a. Federal Acquisition Regulation. The Federal Acquisition 
Regulation (FAR) (48 CFR part 1) is the primary regulation used by 
Executive agencies in their acquisition of supplies and services. Part 
23 sets forth requirements and procedures for Federal agencies to use 
when procuring EPA-designated items.
    b. OFPP Policy Letter 92-4. OFPP's Policy Letter 92-4, 
``Procurement of Environmentally-Sound and Energy-Efficient Products 
and Services'' (57 FR 53362), establishes Executive branch policies for 
the acquisition and use of environmentally-sound, energy-efficient 
products and services. In addition to reiterating the requirements of 
RCRA section 6002, the Policy Letter requires Executive agencies to: 
(1) Identify and procure products and services that, all factors taken 
into consideration, are environmentally-sound and energy-efficient, and 
(2) employ life cycle cost analysis to assist in making product and 
service selections.
    c. OMB Circular A-102. On August 5, 1992, OMB published proposed 
revisions to OMB Circular A-102, ``Grants and Cooperative Agreements 
with State and Local Governments'' (57 FR 34599). If finalized as 
proposed, paragraph 7(h) of the proposed revision will require state 
and local government recipients of Federal assistance funding to comply 
with RCRA section 6002.
    d. OMB Circular A-119. OMB Circular A-119, ``Federal Participation 
in the Development and Use of Voluntary Standards'' (54 FR 57645), sets 
forth policy for Executive agencies to follow in working with voluntary 
standards bodies and in adopting and using voluntary standards. 
Paragraph 7(a)(4) recommends that Federal agencies give preference to 
adopting and using standards that ``foster materials, products, 
systems, or practices that are environmentally-sound and energy-
efficient.''
    e. OMB Circular A-131. OMB Circular A-131, ``Value Engineering'' 
(58 FR 31056), requires Executive agencies to use value engineering as 
a management tool to reduce program and acquisition costs. Paragraph 
8(b) requires agencies to develop guidelines for both in-house 
personnel and contractors to identify programs/projects with the most 
potential to yield savings from the application of value engineering 
techniques. Paragraph 3(b)(4) further requires this guidance to ensure 
that the application of value engineering to construction and other 
projects/programs includes consideration of environmentally-sound and 
energy-efficient results.

D. Criteria for Selecting Items for Designation

    RCRA section 6002(e) requires EPA to consider the following 
criteria when determining which items it will designate:
    (1) Availability of the item;
    (2) Potential impact of the procurement of the item by procuring 
agencies on the solid waste stream;
    (3) Economic and technological feasibility of producing the item; 
and
    (4) Other uses for the recovered materials used to produce the 
item.
    EPA also consulted with Federal procurement and requirement 
officials to identify other criteria to consider when selecting items 
for designation. Based on the information obtained from these sources, 
the Agency decided that the limitations set forth in RCRA section 
6002(c) should also be factored into its selection decisions. The 
criteria of RCRA section 6002(c) fit within the considerations of 
availability called for by RCRA section 6002(e). That section requires 
each procuring agency that procures an item designated by EPA to 
procure the item composed of the highest percentage of recovered 
materials practicable, while maintaining a satisfactory level of 
competition. The decision not to procure an EPA-designated item 
containing recovered materials may be based only on the following:
    (1) The item is not reasonably available within a reasonable period 
of 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 limitations could restrict procuring 
agencies from purchasing EPA-designated items with recovered materials 
content, and thereby, could limit the potential impact of an individual 
item designation. For this reason, EPA considered the limitations cited 
in RCRA section 6002(c) along with the statutory criteria when 
selecting items for designation in today's proposed CPG. Thus, the 
Agency developed the following considerations to use as guidance when 
selecting items for designation: use of materials found in solid waste, 
economic and technological feasibility and performance, impact of 
government procurement, availability and competition, and other uses 
for recovered materials.
1. Use of Materials Found in Solid Waste
    All items that EPA designates in the CPG are manufactured with 
materials recovered or diverted from the solid waste stream. These 
include both materials recovered from municipal solid waste and 
materials recovered from other solid waste streams, such as 
construction and demolition debris and other non-hazardous industrial 
waste streams. Once recovered or diverted, these materials are 
reclaimed and refined, disassembled and remanufactured, or separated 
and processed for use as feedstock to manufacture a new product.
    The potential impact that procuring agencies may have on the solid 
waste stream by procuring an EPA-designated item varies depending on 
the sophistication of the process used to recover or refine the 
material used in the manufacture of the item and on the recovered 
materials content of the final product. Additionally, although 
designating a single item may not have a significant impact on the 
amount of solid waste recovered or diverted from the waste stream, EPA 
believes that designating several items made from the same recovered 
material in the CPG can lead to the diversion of substantial quantities 
of that material from the waste stream.
    Information on the materials used to produce each item EPA proposes 
for designation is presented in subsection a, ``Use of Materials in 
Solid Waste,'' in the individual item designation discussions in 
sections VIII-XV of this preamble.
2. Economic and Technological Feasibility and Performance
    Before selecting an item for designation, EPA determines that, 
based on its market research, it is economically and technologically 
feasible to use recovered materials to produce the item. EPA uses 
several indicators in making this determination. Availability of the 
item in the marketplace and procurement of the item by Federal and/or 
other government agencies are primary indicators that it is 
economically and technologically feasible to produce that product with 
recovered materials content. Other indicators include ability of the 
item to meet performance specifications, general acceptance of the item 
by consumers and purchasers, and use of recovered feedstock by 
manufacturers.
    Prior to selecting an item for designation, EPA also considers the 
ability of the item to meet the standards, specifications, or 
commercial item descriptions set forth by Federal agencies or national 
standard-setting organizations.
    Information on the economic and technological feasibility of 
producing each item EPA proposes for designation, including the 
availability of the item and the number of manufacturers that produce 
the item, the ability of the item to meet Federal or national 
specifications, the recovered materials content levels used by 
manufacturers to produce the item, and other information relevant to 
the economic and technological feasibility of producing and using the 
item, is discussed in subsection b, ``Technically Proven Uses,'' in the 
individual item designation discussions in sections VIII-XV of this 
preamble.
3. Impact of Government Procurement
    The impact of government procurement of products containing 
recovered materials is a combination of: (1) Direct purchases by 
Federal agencies, (2) purchases made by state and local agencies using 
Federal monies, and (3) purchases made by contractors to these 
government agencies. Thus, when considering items for designation, EPA 
examines whether government agencies and their contractors purchase the 
items.
    Government procurement also has an impact that extends far beyond 
the Federal, state, and local levels. As encouraged in Executive Order 
12873, the Federal government often serves as a model for private and 
other public institutions. Because of this secondary effect, EPA 
includes items that are not unique to or primarily used by government 
agencies. Many of the items that EPA selects for designation are 
selected because they have broad application both in government and in 
the private sector.
    Information on the potential impact of government procurement for 
each item EPA proposes for designation is presented in subsection c, 
``Impact of Government Procurement,'' in the individual item 
designation discussions in sections VIII-XV of this preamble.
4. Availability and Competition
    The items EPA selects for designation are available nationally 
either from national distributors or manufacturers or from regional or 
local sources. The relative availability of an item influences the 
ability of a procuring agency to secure an adequate level of 
competition when procuring an item. In the event that a satisfactory 
level of competition is unattainable, a procuring agency may elect to 
waive the requirement to purchase an EPA-designated item with recovered 
materials content based on the limitations listed in RCRA section 
6002(c).
    Information on the availability of each item EPA proposes for 
designation, including the number of manufacturers that produce the 
items, is presented in subsection b, ``Technically Proven Uses,'' in 
the individual item designation discussions in sections VIII-XV of this 
preamble.
5. Other Uses for Recovered Materials
    In selecting items for designation, EPA also considers the 
following:
    (1) The possibility of one recovered material displacing another 
recovered material as feedstock, thereby resulting in no net reduction 
in materials requiring disposal;
    (2) The diversion of recovered materials from one product to 
another, possibly creating shortages in feedstocks for one or both 
products; and
    (3) The ability of manufacturers to obtain recovered materials in 
sufficient quantity to produce the item under consideration.
    While other uses for recovered materials are a consideration, they 
were not a determining factor when selecting items for designation in 
today's proposed rule because there is a need for additional markets 
for all recovered materials used to manufacture the proposed designated 
items.
6. Other Considerations
    As mentioned in the introduction to section II.D, EPA also 
considers price as a factor affecting the availability of an item. 
However, the price of products, whether virgin or recycled, is affected 
by many variables, including availability and costs of material 
feedstocks, energy costs, labor costs, rate of return on capital, 
transportation charges, and the quantity of the item ordered. In 
addition, price may vary depending on whether the product is a common 
stock item or requires a special order. Price can also be affected by 
the geographical location of the purchaser because some products may 
not be uniformly available throughout the United States. Therefore, the 
best sources of current price information for quantities of items to be 
delivered to specific locations are the manufacturers and vendors of 
the recycled products.
    Relative prices of recycled products compared to prices of 
comparable virgin products also vary. In many cases, recycled products 
may be less expensive than their virgin counterparts. In other cases, 
virgin products may have lower prices than recycled products. However, 
other factors can also affect the price of virgin products. For 
example, temporary fluctuations in the overall economy can create 
oversupplies of virgin products, leading to a decrease in prices for 
these items. Therefore, while price is a consideration, in most cases, 
it is not a determining factor when selecting items for designation. It 
becomes a determining factor only when EPA obtains evidence that the 
relative price of an item with recovered materials content is 
significantly higher than the relative price of a comparable virgin 
product. For this reason, EPA did not address price in the individual 
item designation discussions presented in sections VIII-XV of this 
preamble.
    EPA also considered the feasibility of designating experimental or 
developmental products containing recovered materials. In the Agency's 
experience, such designations do not result in Federal procurement of 
products containing recovered materials, because the items are not 
reasonably available, or there is only one source; this leads to an 
unsatisfactory level of competition. For this reason, EPA does not 
intend to designate experimental or developmental products until it can 
be shown that they meet all of EPA's selection criteria, as described 
above. (For additional discussion of designating experimental and 
developmental products, see EPA's comments on General Accounting Office 
Report No. B-251080, ``Solid Waste: Federal Program to Buy Products 
with Recovered Materials Proceeds Slowly.'')

E. Methodology for Selecting Items for Designation

    As described in section II.C.2, Executive Order 12873 directs EPA 
to propose a Comprehensive Procurement Guideline and related Recovered 
Materials Advisory Notice. This section explains the methodology EPA 
used to select items for designation and the rationale used to develop 
the recommended recovered materials content levels for the items 
proposed for designation in today's CPG. The recommended recovered 
materials content levels can be found in the related RMAN, which also 
appears in today's Federal Register.
1. Selection of Items for Designation
    EPA began its efforts to develop the CPG and RMAN by first creating 
an interagency working group consisting of technical, research and 
development, environmental, and procurement officials from several of 
the major Federal purchasing agencies.
    The Agency then compiled a broad list of potential products made 
from recovered materials. In developing this list, EPA initially 
consulted publicly-available sources of information including the 
``Official Recycled Products Guide,'' GSA's ``Recycled Products 
Guide,'' the McDonald's Corporation's ``McRecycle Database,'' 
and over 50 other information sources. To this list, EPA added items 
which, prior to the issuance of the Executive Order, EPA considered 
designating (i.e., fiberboard, hydraulic mulch, plastic pipe, 
geotextiles, and compost). EPA next distributed its broad list of 
candidate items to the working group for review and evaluation. Working 
group representatives, based on their experiences in setting product 
specifications and their knowledge of the marketplace and the 
procurement practices of their respective agencies, identified other 
items to be added to the candidate list of products. Finally, based on 
a review of publicly-available information, EPA's own product research, 
and input from the working group, EPA developed a final candidate list.
    Next, for each item on the final candidate list, EPA considered the 
following questions that relate to the key criteria described 
previously in section II.D:
    (1) Use of Materials in Solid Waste:
     Is the item made using a material that represents a 
significant portion of the solid waste stream or presents a solid waste 
disposal problem?
    (2) Economic and Technological Feasibility and Performance:
     Does the item perform as well as necessary to meet a 
procuring agency's needs?
     Are there standards or specifications that would enable a 
procuring agency to buy the item containing recovered materials?
     Is the item available at a reasonable price considering 
normal market fluctuations?
    (3) Impact of Government Procurement:
     Is the item purchased in appreciable quantities by the 
Federal government or by State and local governments?
    (4) Availability and Competition:
     Is the item available from an adequate number of sources 
to ensure competition?
     Is the item generally available, rather than available in 
a limited market area?
    For each item meeting one or more of these key criteria, EPA sought 
additional information and conducted further analyses to determine 
whether the item met all or most of the remaining criteria. For some 
items, EPA was unable to obtain sufficient information to determine if 
all or most of the criteria were met. These products are still under 
investigation at this time. Thus, based on product reviews and 
additional analyses, EPA developed three product lists:
    (1) A list of items that EPA is proposing for designation in 
today's Federal Register,
    (2) A list of items that might be designated in the near future 
pending receipt of additional information and further review, and
    (3) A list of items that EPA determined cannot be designated at 
this time because of limited availability, unreasonable price, or the 
inability of manufacturers at this time to produce these items with 
recovered materials content.
    The items in the first list are discussed in detail in sections 
VIII-XV of today's preamble. The second list, those that may be 
designated pending the receipt of additional relevant information, is 
presented in section XVI. The third list, those that cannot be 
designated at this time, is presented in section XVIII, along with a 
brief explanation of the basis for EPA's determination that the item 
cannot be designated at this time.
2. Recommended Recovered Materials Content Levels
    For most of the item designations proposed today, EPA is proposing 
recommended recovered materials content levels. These recommendations 
are contained in the RMAN, which is also published in today's Federal 
Register. The purpose of the recommendations is to assist procuring 
agencies in fulfilling their obligations under RCRA section 6002 and 
Executive Order 12873 to purchase designated items composed of the 
highest percentages of recovered materials practicable. To determine 
the percentages of recovered materials contained in the proposed items, 
EPA identified and evaluated pertinent data sources and information. 
First, for the items EPA previously considered for designation, EPA 
reviewed the previously-gathered data. EPA also gathered and evaluated 
publicly-available information and information provided by other 
Federal agencies. Additionally, in the case of items considered for 
designation subsequent to issuance of the Executive Order, EPA reviewed 
and evaluated information obtained from product manufacturers. Based on 
this information, EPA established a range of recovered materials 
content levels within which each of the designated items is available. 
In establishing the range, EPA's objective was to ensure the 
availability of the item, while challenging manufacturers to increase 
their use of recovered materials.
    EPA believes that a range of content levels is appropriate at this 
time for three reasons. First, EPA has only limited information on 
recovered materials content levels for the newly-designated items. 
Second, rather than being purchased centrally, many of the newly-
designated items will be purchased locally, meaning that the recovered 
materials content of these designated items is likely to vary 
substantially, making it problematic to recommend a single content 
level at this time. Third, the Executive Order directs EPA to propose a 
Recovered Materials Advisory Notice that presents ``the range of 
recovered materials content levels within which the designated recycled 
items are currently available.'' In recommending a range, EPA believes 
that it is providing sufficient information to enable procuring 
agencies to set appropriate procurement specifications when purchasing 
newly- designated items.
    It is EPA's intention to provide procuring agencies with the best 
and most current information available to assist them in fulfilling 
their statutory obligations under RCRA section 6002. To do this, EPA 
will monitor the progress made by procuring agencies in purchasing 
designated items with the highest recovered materials content 
practicable and revise the recommended content ranges accordingly. 
Revisions to recovered materials content ranges will be published in a 
RMAN. EPA anticipates that, over time, the recommended ranges will 
narrow.
    Today, EPA also proposes to increase the recommended recovered 
materials content level for rock wool insulation and add recommended 
content levels for fiberglass insulation. Both items were designated in 
the existing building insulation guideline. In the existing procurement 
guidelines, EPA recommended a single content level for each designated 
item. When proposing changes to these recommendations today, in those 
instances where there is sufficient information on current 
manufacturing practices to determine that a single recovered materials 
content level is appropriate (e.g., rock wool insulation), EPA will 
propose one. In other instances, EPA will recommend a range of 
recovered materials content levels (e.g., for fiberglass insulation).
3. Updates of the CPG and RMAN
    Section 502 of Executive Order 12873 directs EPA to quickly propose 
a list of items that are available with recovered materials content and 
to recommend recovered materials content levels for these items. As 
described above, EPA relied on a streamlined process for conducting 
research and obtaining product information. To meet the 180-day 
deadline, EPA determined that it would be necessary to rely on 
information already in its possession or readily available. Therefore, 
EPA focused its efforts on obtaining publicly-available information, 
and information that EPA could quickly obtain from other Federal 
agencies.
    The E.O. requires EPA to update the CPG annually. EPA will also 
update the RMAN periodically to reflect changes in market conditions. 
The Agency will establish a process for the public to suggest items for 
consideration and to provide information on products made from 
recovered materials. EPA intends to issue a Federal Register notice 
that will describe this process and provide information on how the 
public can participate. Today, the Agency is soliciting options for 
increasing public participation in developing the updates of the CPG 
and the RMAN.

F. Request for Comments

    EPA requests information and comment throughout this preamble. In 
general, the Agency is requesting comments on: (1) The items selected 
for designation in sections VIII-XV; (2) the items selected for 
potential future designation as listed in section XVI; and (3) the 
accuracy of the information presented in the item designations 
themselves. Requests for specific comments and information are included 
in the narrative discussions for each of the designated items, which 
follow in sections VIII-XV.
    In addition to the proposed CPG, EPA is requesting comment on a 
draft RMAN. The RMAN, which can be found in the notice section of 
today's Federal Register, recommends recovered materials content levels 
or ranges of levels and methods of procuring each of the items EPA is 
proposing to designate.

III. Consolidation of Procurement Guidelines Into 40 CFR Part 247

    Currently, EPA's five existing procurement guidelines are codified 
in 40 CFR parts 248, 249, 250, 252, and 253. In addition, 40 CFR part 
247 contains general guidance for purchasing products containing 
recovered materials; however, part 247 pre-dates the 1984 amendments to 
RCRA and, therefore, does not address the statutory provisions 
requiring agencies to establish affirmative procurement programs.
    Today, EPA proposes to delete the outdated general guidance in part 
247 and to consolidate the existing five guidelines and new item 
designations into a new part 247. The proposed new part 247, 
Comprehensive Procurement Guideline, will contain two subparts: Subpart 
A--General, which will include the requirements of RCRA section 6002 
and definitions, and Subpart B--Item Designations. This consolidation 
will allow EPA to: (1) Specify the statutory requirements once, instead 
of repeating them in each individual guideline, (2) define all 
applicable terms in one subpart, instead of in each individual 
guideline, and (3) provide procuring agencies with one, central list of 
the designated products. Consolidating these provisions into one Part 
will make them easier for procuring agencies to locate and use. In 
addition, each of the five existing guidelines contains general 
sections addressing its purpose, scope, and applicability. The 
applicability sections of the guidelines do not contain identical text, 
which has created confusion among procuring agencies. By consolidating 
the procurement guidelines into one part, EPA will be avoiding 
duplication and ambiguity.
    RCRA section 6002 and Executive Order 12873 require agencies to 
establish affirmative procurement programs for items designated by EPA. 
In addition, section 6002 requires agencies to review their 
specifications for designated items and revise them as necessary to 
permit the use of recovered materials to the maximum extent 
practicable. These requirements have been explained in each of EPA's 
earlier guidelines and will be found in subpart A of the proposed part 
247. Subpart A also will contain applicable definitions found in RCRA, 
definitions used in the five existing procurement guidelines, and 
definitions for the items that EPA proposes to designate today. Subpart 
B will contain EPA's designated list of items that are or can be made 
with recovered materials. The items will be grouped into eight product 
categories: paper and paper products, vehicular products, construction 
products, transportation products, park and recreation products, 
landscaping products, non-paper office products, and miscellaneous 
products. The first category will contain the existing designation of 
paper and paper products, while the existing designations of 
lubricating oil containing re-refined oil and retread tires will be 
found in the vehicular products category, and the construction products 
category will include the existing designations of cement and concrete 
containing fly ash and building insulation products containing 
recovered materials.
    While this proposal includes both existing and new designations and 
existing and new definitions, EPA is specifically requesting comment on 
the proposed framework of part 247 and the proposed item designations 
and definitions. The existing designations and definitions were 
included today for convenience, to enable the reader to see all of the 
contents of the proposed new part. It is not EPA's intent to re-examine 
the existing provisions.
    The following sections of the preamble discuss each of the sections 
of the proposed part 247. They indicate which provisions are 
consolidations of the existing procurement guidelines and which 
sections are proposed additions.

IV. Purpose, Scope, and Applicability

    Subpart A of proposed part 247 is primarily a consolidation of the 
general provisions of the five existing guidelines. As discussed in the 
previous section of the preamble, it is not EPA's intent to use today's 
proposal to re-examine the existing guidelines. Instead, these 
provisions are included in proposed part 247 for the convenience of the 
reader. In the following discussion, EPA discusses the provisions of 
subpart A, identifying which regulatory provisions and preamble 
discussions are repeated from earlier procurement guidelines and which 
are new provisions for which EPA requests comment.

A. Purpose and Scope

    Proposed Sec. 247.1 is primarily a consolidation of the purpose and 
scope sections of the five existing procurement guidelines. In 
addition, paragraph (b) references the Recovered Materials Advisory 
Notice, consistent with the procurement guidelines process being 
implemented today.

B. Applicability

    Proposed Sec. 247.2 is a consolidation of the applicability 
sections of the five existing procurement guidelines. This section of 
the preamble addresses who is a ``procuring agency'' and to which 
purchases the statutory requirements apply. Most of the following 
discussion is repeated from the preambles of the five existing 
procurement guidelines for the convenience of the reader. The only 
change is in subsection 2, which is new and responds to concerns raised 
by other Federal agencies regarding the applicability of RCRA section 
6002 to private party recipients of Federal monies other than through 
contracts.
1. Statutory Provisions
    Many of the requirements of RCRA section 6002 apply to ``procuring 
agencies,'' which are defined in RCRA section 1004(17) as ``any Federal 
agency, or any State agency or agency of a political subdivision of a 
State that is using appropriated Federal funds for such procurement, or 
any person contracting with any such agency with respect to work 
performed under such contract.'' Under the statute, responsibility for 
complying with RCRA section 6002 rests with each individual procuring 
agency.
    Under RCRA section 6002(a), the procurement requirements apply to 
any purchase by procuring agencies of an item costing more than $10,000 
or when the procuring agencies purchased $10,000 worth of the item or 
of functionally equivalent items during the preceding fiscal year. The 
requirements apply to both direct and indirect purchases.
2. Who is a Procuring Agency?
    The statutory definition of procuring agency identifies three types 
of ``agencies'': (1) Federal agencies, (2) State or local agencies 
using appropriated Federal funds, and (3) contractors. Based on the 
statutory language, EPA believes that government agencies and their 
contractors are ``procuring agencies,'' but private recipients of 
Federal funds other than through contracts are not procuring agencies 
and, therefore, are not subject to RCRA section 6002.
    EPA concluded that, under the statutory definition, Federal 
agencies are always procuring agencies because the requirements of RCRA 
section 6002 apply to Federal agencies whether or not appropriated 
Federal funds are used for procurement of designated items. It should 
be noted, however, that the requirements of section 6002 apply only 
when Federal agencies procure designated items. The statutory 
requirements do not apply to Federal agencies when they simply disburse 
funds to State or local agencies because, in that instance, the Federal 
agencies are not purchasing or acquiring anything. In this case, the 
State or local agencies are procuring agencies and must comply with 
these guidelines if they use the appropriated Federal funds for 
procurement of designated items.
    The statutory definition of procuring agency also includes any 
person contracting with the defined Federal, State, or local agencies. 
A contractor is a ``procuring agency'' and subject to section 6002 when 
procuring designated items for work performed under contracts with 
Federal agencies, or contracts with State and local agencies where 
appropriated Federal funds are used.
    Because RCRA is explicit in identifying only government agencies 
and their contractors as ``procuring agencies,'' EPA concluded that 
private party recipients (e.g., non-profit organizations, individuals) 
of Federal loans, grants, or funds under a cooperative agreement are 
not procuring agencies. This is true whether the originator of the 
grant, loan, or cooperative agreement is a Federal agency or a State or 
local agency recipient of Federal funds. In proposed Sec. 247.2, EPA is 
adding a new subparagraph (c)(2) regarding private party recipients of 
Federal funds to reflect this revised interpretation of RCRA section 
6002. EPA requests comment on this interpretation.
3. To Which Purchases Does Section 6002 Apply?
    As previously noted, the following discussion is a consolidation of 
similar discussions in the existing procurement guidelines and is 
included for the convenience of the reader.
    Purchases made as a result of a solicitation by procuring agencies 
for their own general use or that of other agencies (e.g., purchases by 
GSA's Federal Supply Service) are ``direct'' purchases. Purchases of 
items as part of a contract are also ``direct'' purchases.
    The definition of ``procuring agency'' makes it clear that the 
requirements of section 6002 also apply to ``indirect purchases,'' 
i.e., purchases by a State or local agency using appropriated Federal 
funds or, in some instances, its contractors. In other words, section 
6002 applies to purchases of designated items meeting the $10,000 
threshold made by States, political subdivisions of States, or their 
contractors.
    However, the guideline does not apply to such purchases if they are 
unrelated to or incidental to the Federal funding, i.e., not the direct 
result of the grant, loan, or funds disbursement. For example, if an 
entity has a Federal grant or contract to do research and builds or 
expands a laboratory to conduct the research, the construction is 
incidental to the grant or contract, as is the purchase of construction 
materials.
    The guideline applies whenever Federal monies, including block 
grants, are used, whether or not they are commingled with non-Federal 
funds.
4. What is the $10,000 Threshold?
    As previously noted, the following discussion is a consolidation of 
similar discussions in the existing procurement guidelines and is 
included for the convenience of the reader.
    RCRA section 6002(a) provides that the procurement requirements of 
the statute apply: (1) When the purchase price of an item exceeds 
$10,000 or (2) when the quantity of such items or of functionally 
equivalent items purchased during the preceding fiscal year was $10,000 
or more. Thus, RCRA section 6002 clearly sets out a two-step procedure 
for determining whether the $10,000 threshold has been reached. First, 
procuring agencies must determine whether they purchased $10,000 worth 
of a designated item or functionally equivalent items during the 
preceding fiscal year. If so, the requirements of section 6002 apply to 
all purchases of these items occurring in the current fiscal year. 
Second, if the procuring agencies did not procure $10,000 worth of a 
designated item during the preceding fiscal year, they are not subject 
to RCRA section 6002 unless, in the current fiscal year, they make a 
purchase of the item exceeding $10,000. The requirements of RCRA 
section 6002 then apply to the $10,000 purchase of the designated item; 
to all subsequent purchases of the item made during the current fiscal 
year, regardless of size; and to all procurements of the designated 
item made in the following fiscal year.
    Section 6002(a) does not specify that the procurement requirements 
are triggered when the aggregate quantity of items purchased during the 
current fiscal year is $10,000 or more. Therefore, EPA does not believe 
that Congress intended to require procuring agencies to keep a running 
tally during the year of procurements of designated items. Maintaining 
such a running tally would be very burdensome. Rather, procuring 
agencies need only compute their total procurements of a designated 
item once at the end of the fiscal year and only if they intend to 
claim an exemption from the requirements of RCRA section 6002 in the 
following fiscal year.
    Finally, Federal agencies should note that the requirements of RCRA 
section 6002 apply to each Federal agency as a whole. This point is 
particularly important in determining whether the $10,000 threshold has 
been reached. During each fiscal year, each major Federal agency as a 
whole, purchases, or causes the purchase of, more than $10,000 worth of 
many of the designated items. Therefore, the requirements of section 
6002 will apply to all procurements of these items by these agencies 
and their subunits.

V. Definitions

    Most of the definitions found in Sec. 247.3 are the same as those 
used in the five existing procurement guidelines. The terms ``recovered 
materials,'' ``procuring agency,'' ``person,'' and ``Federal agency'' 
are defined the same as in RCRA. ``Postconsumer material'' is defined 
as in Executive Order 12873, while ``Postconsumer paper'' has the same 
definition as currently provided in EPA's paper procurement guideline. 
Other terms are standard industry or purchasing definitions (e.g., 
purchasing, purchasing activities, Commercial Item Description, 
Invitation for Bid, Request for Proposal, specification). EPA requested 
comment on these definitions and the definition of ``practicable'' 
during the development of the existing five procurement guidelines and, 
therefore, is not requesting comment on them today.
    EPA is proposing to add the following item-specific new terms: 
fittings, geotextiles, hydraulic mulch, hydroseeding, laminated 
paperboard, plastic pipe and fittings, and structural fiberboard. They 
are based on industry definitions, including ASTM or other standard 
specifications, or represent descriptions of the scope of items being 
designated. EPA specifically requests comment on each of these 
definitions.

VI. The Affirmative Procurement Program

    Within one year after EPA designates an item, RCRA section 6002(i) 
requires each procuring agency purchasing more than $10,000 of that 
item, or functionally equivalent items, in a fiscal year to establish 
an affirmative procurement program for that item. (``Procuring agency'' 
is discussed in section IV.B.2; $10,000 threshold and functionally 
equivalent are discussed in section IV.B.4) section 402 of Executive 
Order 12873 reinforces this requirement and further provides that 
Executive agencies ``shall ensure that their affirmative procurement 
programs require that 100 percent of their purchases of products meet 
or exceed the EPA guideline standards,'' considering the limitations 
set forth in section 6002(c)(1) (A) through (C) (i.e., competition, 
price, availability, and performance). As described in section II.E.2, 
EPA is proposing, in a Recovered Materials Advisory Notice, recommended 
recovered materials content levels within which the designated items 
are available. These content levels, referred to as ``standards'' in 
section 402 of the Executive Order, are proposed in the RMAN that also 
appears in today's Federal Register.
    An affirmative procurement program is an agency's strategy for 
maximizing its purchases of an EPA-designated item. The affirmative 
procurement program should be developed in a manner that assures that 
items composed of recovered materials are purchased to the maximum 
extent practicable consistent with Federal procurement law. RCRA 
section 6002(i) requires that, at a minimum, an affirmative procurement 
program consist of four elements: (1) A preference program; (2) a 
promotion program; (3) procedures for obtaining estimates and 
certifications of recovered materials content and, where appropriate, 
reasonably verifying those estimates and certifications; and (4) 
procedures for monitoring and annually reviewing the effectiveness of 
the affirmative procurement program. In addition, section 402 of 
Executive Order 12873 requires an agency affirmative procurement 
program to encourage the electronic transfer of documents, the two-
sided printing of government documents, and the inclusion of provisions 
in contracts, grants, and cooperative agreements that require documents 
to be printed two-sided on recycled paper.
    In previous guidelines, EPA recommended that specific actions be 
taken by requesting officials, contracting officers, and architects and 
engineers when purchasing designated items. In consulting with 
acquisition policy and requirements officials from several major 
Federal agencies, EPA determined that these item-specific 
recommendations did not provide enough flexibility for procuring 
agencies to determine the appropriate delineation of responsibilities 
for implementing the requirements of RCRA section 6002. Based on this 
information and because of the broad array of products proposed for 
designation in today's rule, EPA will no longer make specific 
recommendations for individuals within an agency to implement the 
requirements of RCRA section 6002 and Executive Order 12873. Instead, 
EPA is recommending that the Environmental Executive within each major 
procuring agency take the lead in developing the agency's affirmative 
procurement program and in implementing the requirements set forth in 
this CPG. This recommendation is consistent with the basic 
responsibilities of an Agency Environmental Executive as described in 
sections 302 and 402 of Executive Order 12873. Section 302 charges each 
Agency Environmental Executive with coordinating all environmental 
programs in the areas of acquisition, standard and specification 
revision, facilities management, waste prevention, recycling, and 
logistics. Section 402(c) of the E.O. further requires each Agency 
Environmental Executive to track and report, to the Federal 
Environmental Executive, agency purchases of EPA-designated items. In 
the absence of such an individual, EPA recommends that the head of the 
implementing agency appoint an individual who will be responsible for 
ensuring the agency's compliance with RCRA section 6002 and Executive 
Order 12873.
    RCRA and the Executive Order require procuring agencies to 
establish affirmative procurement programs for each item EPA 
designates. In fulfilling this requirement, EPA recommends that each 
agency develop one comprehensive affirmative procurement program with a 
structure that provides for the integration of new items as they are 
designated. EPA encourages agencies to implement preference programs 
for non-designated items as well, in order to maximize their purchases 
of recycled products and foster markets for recovered materials.

A. Specifications

    RCRA section 6002(d)(1) requires Federal agencies responsible for 
drafting and reviewing specifications for procurement items purchased 
by Federal agencies to review and revise their specifications and 
remove requirements specifying virgin materials only or excluding the 
use of recovered materials. This revision process should have been 
completed by May 8, 1986. For items designated by EPA, section 
6002(d)(2) directs Federal agencies to revise their specifications to 
require the use of recovered materials to the maximum extent possible 
without jeopardizing their intended end-use. For the items previously 
designated by EPA (i.e., paper and paper products, re-refined 
lubricating oil, retread tires, building insulation, and cement and 
concrete containing fly ash), procuring agencies were required to have 
completed their revisions within one year of each item designation. For 
items proposed for designation in today's CPG, agencies must complete 
these revisions within one year after the date of publication of the 
final CPG, as required by RCRA section 6002(d)(2).
    As discussed in section II.C.2, sections 501, 504, 505, and 506 of 
Executive Order 12873 also address Federal specification requirements. 
Section 501 of the Order requires Executive agencies to review and 
revise their specifications, product descriptions, and standards to 
enhance Federal procurement of products containing recovered materials. 
When agencies convert to Commercial Item Descriptions, they are 
required to ensure that the Commercial Item Descriptions meet or exceed 
the recovered materials requirements in the specifications or product 
descriptions they replace.
    Section 505 requires the General Services Administration and other 
Executive agencies to revise their paper specifications to eliminate 
barriers, unrelated to performance, to purchasing paper or paper 
products made by production processes that minimize emissions of 
harmful by-products. Section 504 requires Executive agency heads to 
purchase uncoated printing and writing paper with a minimum of 20 
percent postconsumer content beginning December 31, 1994, and 30 
percent postconsumer content beginning December 31, 1998. In lieu of 
these postconsumer content levels for paper, Section 504(c) of the 
Order allows Executive agencies, under specific circumstances, to 
purchase printing and writing paper that contains 50 percent recovered 
materials. The levels contained in the Executive Order replace the 
corresponding standards now contained in the paper guideline. In the 
next several months, EPA intends to issue a draft RMAN which will 
contain revisions to EPA's recommended recovered materials content 
levels for paper and paper products. The draft RMAN will incorporate 
the recovered materials content levels required in the Executive Order. 
Executive agencies should note, however, that, beginning December 31, 
1994, the standards in the Executive Order are applicable to their 
paper purchases even if EPA does not incorporate them into the paper 
guideline.
    Section 506 reiterates the requirements in the procurement 
guidelines for re-refined lubricating oil and retread tires. This 
section specifically requires commodity managers for tires and 
lubricating oils to finalize their specification revisions for those 
products, to develop and issue specifications for tire retreading 
services, and to take affirmative steps to procure these items. It also 
requires fleet managers to take affirmative steps to procure retread 
tires and re-refined oil once they become available.

B. Preference Program

    A preference program is the system by which an agency implements 
its stated ``preference'' for purchasing products containing recovered 
materials. RCRA section 6002(i)(3) requires procuring agencies to 
consider the following options when implementing their preference 
programs: minimum content standards, case-by-case policy development, 
or a substantially equivalent alternative.
    To assist procuring agencies in establishing their preference 
programs, when EPA designates an item, it examines these statutory 
options and recommends the approach it believes to be the most 
effective for purchasing the designated item. Procuring agencies may 
elect either to adopt EPA's recommended approach or to develop their 
own approaches, provided that, in accordance with section 402 of the 
Executive Order, the selected approach meets or exceeds EPA's 
recommended approach. The approach that EPA recommends for each of the 
items designated in today's CPG is described in the Recovered Materials 
Advisory Notice which also appears in today's Federal Register.
1. Minimum Content Standards
    One approach that RCRA section 6002(i)(3) requires procuring 
agencies to consider is the establishment of minimum content standards. 
When a procuring agency establishes a minimum recovered materials 
content standard for an item designated by EPA, RCRA section 
6002(i)(3)(B) requires the procuring agency to assure that its standard 
requires the maximum amount of recovered materials content available 
for that item, without jeopardizing the intended end use of the item.
    To assist procuring agencies with establishing their minimum 
content standards, EPA recommends recovered materials content levels, 
where appropriate, for most of the items it designates. EPA notes that 
under RCRA section 6002(i), it is the procuring agency's responsibility 
to establish minimum content standards, while EPA provides 
recommendations regarding the levels of recovered materials in the 
designated items. To make it clear that EPA does not establish minimum 
content standards for other agencies, EPA will no longer refer to its 
recommendations as ``minimum content standards,'' as was done in 
previous guidelines. Instead, EPA will refer to its recommendations as 
``recovered materials content levels,'' consistent with RCRA section 
6002(e) and Executive Order 12873.
    EPA also notes a change in its approach to establishing recovered 
materials content levels. For items designated in previous guidelines, 
with the exception of retread tires, EPA recommended single number 
recovered materials content levels that represented the national 
minimum levels for procuring agencies to use when requesting designated 
items. Henceforth, EPA is recommending recovered materials content 
ranges within which the items are available. EPA recommends that 
procuring agencies use these ranges, in conjunction with their own 
research into the recovered materials content of items available to 
them, to establish their minimum content standards. In some instances, 
EPA will recommend one level (e.g., 100 percent recovered materials), 
rather than a range, because the item is universally available at the 
recommended level. The methodology that EPA uses to establish recovered 
materials content ranges for the items that the Agency designates is 
described in section II.E. The recommended recovered materials content 
levels for the items proposed for designation in this CPG can be found 
in the RMAN which also appears in today's Federal Register.
2. Case-by-Case Policy Development
    A second approach that RCRA section 6002(i)(3) requires procuring 
agencies to consider is case-by-case policy development. RCRA section 
6002(i)(3)(A) describes case-by-case policy development as ``a policy 
of awarding contracts to the vendor offering an item composed of the 
highest percentage of recovered materials practicable,'' subject to the 
limitations of RCRA section 6002(c)(1) (A) through (C) (i.e., 
competition, price, availability, and performance). The case-by-case 
approach is appropriate where a procuring agency determines that the 
minimum content standard it has established for a particular designated 
item is not appropriate for a specific procurement action (i.e., the 
procuring agency is unable to acquire the item within the limitations 
described in RCRA section 6002(c)(1) (A) through (C)). The case-by-case 
approach allows a procuring agency to specify different (usually lower) 
minimum content standards for specific procurement actions, while still 
ensuring that the agency fulfills its responsibility to procure the 
designated item containing the highest amount of recovered materials 
practicable.
    This approach is not intended to obviate the need for an agency 
minimum recovered materials content standard. It should be applied to 
singular procurement actions only where the agency's minimum content 
standard is unattainable. If a procuring agency determines that it is 
consistently unable to procure an EPA-designated item using the minimum 
content standard it establishes, then the agency should evaluate its 
needs and adjust its content standard accordingly.
3. Substantially Equivalent Alternative
    A third approach that RCRA section 6002(i)(3) requires procuring 
agencies to consider is a substantially equivalent alternative to 
minimum content standards and case-by-case policy development. For some 
items, the use of minimum content standards is inappropriate because 
the product is remanufactured, reconditioned, or rebuilt (e.g., 
remanufactured toner cartridges). In these instances, EPA will 
recommend that procuring agencies use a substantially equivalent 
alternative. For example, as discussed in the draft RMAN which also 
appears in today's Federal Register, in the case of toner cartridges, 
EPA recommends that procuring agencies establish a two-pronged program 
consisting of: (1) Remanufacturing their expended toner cartridges and 
(2) purchasing remanufactured toner cartridges when new cartridges are 
needed. Minimum content standards are inapplicable because the 
recovered material is the expended toner cartridge, rather than the 
individual components used to produce a new cartridge.
4. Requirements for Contractors and Grantees
    Government contractors and State and local government agency 
recipients of appropriated Federal funds, including assistance funds, 
are also subject to the requirements of RCRA section 6002. These 
requirements are applicable where the contractor or state or local 
government agency uses $10,000 of appropriated Federal funds, or used 
$10,000 or more of appropriated Federal funds the previous year, to 
purchase an EPA-designated item. Section IV.B.2 describes the 
applicability of RCRA section 6002 to government contractors and state 
and local governments in further detail.
5. Exceptions
    A procuring agency may not always be able to purchase a designated 
item with recovered materials content. RCRA section 6002(c)(1) allows a 
procuring agency to except its purchase of an EPA-designated item with 
recovered materials content based on the following determinations:
    (1) The agency is unable to secure a satisfactory level of 
competition.
    (2) The item is not reasonably available within a reasonable period 
of time.
    (3) The item fails to meet the performance standards set forth in 
the agency's specification.
    (4) The item is available only at an unreasonable price.
    Section 402 of Executive Order 12873 further requires that, if a 
procuring agency waives its requirement to purchase an EPA-designated 
item with recovered materials content, it must provide a written 
justification specifying one or more of the exceptions listed above.

C. Promotion Program

    RCRA section 6002(i)(2)(B) requires each procuring agency to adopt 
a program to promote its preference to buy EPA-designated items with 
recovered materials content. The promotion component of the affirmative 
procurement program educates staff and notifies an agency's current and 
potential vendors, suppliers, and contractors of the agency's intention 
to buy recycled products.
    In the previous guidelines, EPA targeted its recommendations for 
promoting the affirmative procurement program at the agency's vendors 
and contractors. EPA has determined that the education of an agency's 
employees is also an important part of the promotion program. 
Therefore, EPA believes that an agency's promotion program should 
consist of two components: An internal promotion program and an 
external promotion program.
1. Internal Promotion
    There are several methods that procuring agencies can use to 
educate their employees about their affirmative procurement programs. 
These methods include preparing and distributing agency affirmative 
procurement policies, publishing articles in agency newsletters and 
publications, including discussions of an agency's affirmative 
procurement program in staff and technical manuals, and conducting 
workshops and training sessions to educate employees about their 
responsibilities under an agency's affirmative procurement program.
2. External Promotion
    Methods for educating existing contractors and potential bidders of 
an agency's preference to purchase products containing recovered 
materials include publishing articles in appropriate trade 
publications, participating in vendor shows and trade fairs, placing 
statements in solicitations, and discussing an agency's affirmative 
procurement program at bidders' conferences.

D. Estimation, Certification, and Verification

    RCRA section 6002(i)(2)(C) requires the affirmative procurement 
program to include procedures for estimating, certifying, and, where 
appropriate, reasonably verifying the amount of recovered materials 
content utilized in the performance of a contract. RCRA section 
6002(c)(3) further provides ``the contracting officer shall require 
that vendors: (A) Certify that the percentage of recovered materials to 
be used in the performance of the contract will be at least the amount 
required by applicable specifications or other contractual requirements 
and (B) estimate the percentage of the total material utilized for the 
performance of the contract which is recovered materials.''

E. Procedures to Monitor and Review the Procurement Program

    Procuring agencies should monitor their affirmative procurement 
programs to ensure that they are fulfilling their requirements to 
purchase items composed of recovered materials to the maximum extent 
practicable. RCRA section 6002(i)(2)(D) requires the affirmative 
procurement program to include procedures for annually reviewing and 
monitoring the effectiveness of an agency's affirmative procurement 
program. Section 402 of Executive Order 12873 requires the 
Environmental Executive of each Executive agency to track and report on 
agency purchases of EPA-designated items. Additionally, RCRA section 
6002(g) requires the Office of Federal Procurement Policy (OFPP) to 
submit a report to Congress every two years on actions taken by Federal 
agencies to implement the affirmative procurement requirements of the 
statute. Also, section 301 of Executive Order 12873 requires the 
Federal Environmental Executive to submit a report annually, at the 
time of agency budget submission, to the Office of Management and 
Budget (OMB) on Executive agency compliance with the Order. In order to 
fulfill their responsibilities, EPA anticipates that the Federal 
Environmental Executive and OFPP will request information from 
appropriate agencies on their affirmative procurement practices. 
Therefore, it is important for agencies to monitor their affirmative 
procurement programs to ensure compliance with RCRA section 6002 and 
Executive Order 12873.
    In order to comply with the Executive Order, agencies will need to 
evaluate their purchases of products made with recovered materials 
content. This will also allow them to establish benchmarks from which 
progress can be assessed. To evaluate their procurements of products 
containing recovered materials, procuring agencies may choose to 
collect data on the following:
    (1) The percentages of recovered materials content in the items 
procured or offered;
    (2) Comparative price information on competitive procurements;
    (3) The quantity of each item procured over a fiscal year;
    (4) The availability of each item with recovered materials content; 
and
    (5) Performance information related to recovered materials content 
of an item.
    EPA recognizes that a procuring agency may be unable to obtain 
accurate data for all items designated by EPA. However, EPA believes 
that estimates will be sufficient to determine the overall 
effectiveness of an agency's affirmative procurement program. In the 
cost estimates for this proposal, EPA estimates that Federal agencies 
will spend an average of 10 hours per product per year to perform 
recordkeeping and reporting tasks associated with this affirmative 
procurement program requirement and potential information requests from 
EPA, OMB, and the Federal Environmental Executive.

VII. Proposed Categories of Item Designations

    To organize the products that EPA selected for designation, we 
developed the following product categories: Paper and office paper, 
vehicular, construction, transportation, park and recreation, 
landscaping, non-paper office, and miscellaneous. The categories were 
developed to describe the application of each designated item.
     Paper and Office Paper Products--as defined in 40 CFR 
250.4(aa). This category does not include paper and paper products used 
in construction applications.
     Vehicular Products--products used in repairing and 
maintaining automobiles, trucks, and other vehicles. Examples of 
vehicular products include lubricants, bumpers, mud flaps, and engine 
coolant.
     Construction Products--products used in constructing roads 
and the interior and exterior components of commercial and residential 
buildings.
     Transportation Products--products used for directing 
traffic, alerting drivers, and containing roadway noise and pollution. 
Examples of transportation products include safety cones, traffic 
signs, and sound barriers.
     Park and Recreation Products--products used in operating 
and maintaining parks and recreational areas. Examples of park and 
recreation products include playground equipment and running tracks.
     Landscaping Products--products used to contain, maintain, 
or enhance decorative and protective vegetation or areas surrounding 
buildings and roadways. Examples of landscaping products include 
compost, garden implements, and landscape timbers.
     Non-Paper Office Products--equipment and accessories used 
by government agencies and businesses to perform daily operational and 
administrative functions of an office. Examples of non-paper office 
products include toner cartridges, desktop accessories, and waste 
receptacles.
     Miscellaneous Products--includes all other products not 
covered by the categories listed above.

VIII. Paper and Paper Products

    As previously discussed, EPA issued a paper procurement guideline 
in 1988. The guideline establishes recovered materials content levels 
for various paper products, including printing and writing paper. In 
addition, section 504 of Executive Order 12873 establishes minimum 
content standards for specified uncoated printing and writing papers 
purchased by Federal executive agencies. These standards replace the 
corresponding standards in the paper guideline.
    In today's proposed CPG, EPA includes the existing paper and paper 
products designation and related definitions only for purposes of 
showing readers what will be included in the final CPG. In the draft 
Recovered Materials Advisory Notice published elsewhere in the Federal 
Register today, however, EPA is not including revisions to the existing 
recommended recovered materials content levels for paper products. In 
the next several months, EPA intends to issue another draft Recovered 
Materials Advisory Notice for public comment. This additional draft 
RMAN will incorporate the minimum content standards established by the 
Executive Order, amend the recommended recovered materials levels for 
other paper products, and address a variety of issues that have been 
raised as procuring agencies have implemented affirmative procurement 
programs for paper products containing recovered materials. Federal 
executive agencies should note, however, that, beginning December 31, 
1994, the standards in the Executive Order are applicable to their 
paper purchases even if EPA does not incorporate them into the paper 
guideline.

IX. Vehicular Products

A. Re-Refined Lubricating Oil and Retread Tires

    EPA issued procurement guidelines for re-refined lubricating oil 
and retread tires in 1988. Proposed Sec. 247.12 will include the 
existing designations of these two items and a new designation of 
engine coolants. EPA is including the existing designations and 
definitions of re-refined lubricating oil and retread tires in the 
proposed part 247 today only for purposes of showing readers where they 
will be placed in the new CPG. EPA is not re-opening the item 
designations or related definitions for public comment.

B. Engine Coolants

1. Background
    Engine coolant, also known as antifreeze, is a necessary automotive 
chemical. Engine coolants are manufactured from one of two chemicals: 
Ethylene glycol or propylene glycol. Coolant additives are then added 
to inhibit corrosion within the engine.
    Spent engine coolants can be reclaimed by removing contaminants and 
breakdown products of the original ingredients and replacing corrosion 
inhibitors. Engine coolant reclamation results in both waste reduction 
and materials recovery benefits.
    Engine coolant reclamation units are readily available in a range 
of capacities and prices. GSA offers engine coolant reclamation units 
from three sources through the New Item Introductory Schedule program.
    There is one potential impediment to reclamation of engine 
coolants: the mixing of the two types of engine coolant, ethylene 
glycol and propylene glycol. Propylene glycol-based engine coolant has 
just recently been marketed nationwide for consumer purchase. 
Reclaimers will reject spent engine coolants if they contain more than 
one percent propylene glycol because it interferes with reclamation of 
ethylene glycol due to differences in the chemistry of the two 
materials.
2. Rationale for Designation
    EPA believes that engine coolant satisfies the statutory criteria 
for selecting items for designation.
    a. Use of materials in solid waste. As discussed above in section 
II.A, significant quantities of spent engine coolants require disposal 
annually. In some instances, spent engine coolant can exhibit the 
toxicity characteristic of hazardous waste by failing EPA's Toxicity 
Characteristic Leaching Procedure (TCLP). If a procuring agency 
determines that its spent engine coolant is a hazardous waste, it must 
manage the engine coolant in accordance with applicable Federal or 
state hazardous waste management requirements, including the generator 
requirements found in 40 CFR Part 262 and the requirements for 
recyclable materials found in 40 CFR Sec. 261.6. Because state 
hazardous waste regulations generally apply in lieu of the Federal 
regulations, procuring agencies should contact their state 
environmental agency (or, if the state is not authorized, the 
appropriate EPA Regional Office) for specific information on applicable 
requirements.
    b. Technically proven uses. Reclamation of engine coolants is done 
in one of two ways: filtration or distillation. Data from both types of 
reclamation strongly support the designation of reclaimed engine 
coolants. Both the Navy and the Postal Service are reclaiming engine 
coolants and have not encountered performance problems with the 
reclaimed product. The American Society for Testing and Materials' 
(ASTM) D15 committee on engine coolants has published standards for 
reclaimed engine coolants (see ASTM D 3306, D 4985).
    c. Impact of government procurement. Government agencies operate a 
large number of vehicles. The Federal government alone, including the 
U.S. Postal Service, operates a fleet of more than 500,000 vehicles of 
all types: passenger vehicles, light and heavy trucks, buses, 
ambulances, off-road vehicles, etc.
    Military installations, the Postal Service, and some Federal 
civilian agencies have motor pools or vehicle maintenance facilities at 
which vehicles are serviced. The Navy informed EPA that it established 
engine coolant reclamation at some installations to recover this 
material and reduce liability if spent engine coolants were to be 
mismanaged. Limited EPA research revealed that one naval shipyard has 
been able to recover 6,000 gallons of engine coolant annually, 
resulting in a cost savings of about $5 per gallon, factoring in 
avoided disposal costs and the cost of purchasing new engine coolant. 
If all government agencies were to establish engine coolant reclamation 
programs, the potential recovery of used engine coolant could be 
significant.
    However, not all agencies have motor pools or vehicle maintenance 
centers where engine coolant recycling could be established. In fact, 
maintenance of the majority of the Federal civilian fleet occurs at 
commercial service centers. Nevertheless, EPA believes that it is 
important to begin to establish engine coolant reclamation programs 
throughout the Federal fleet in order to recover this material. EPA 
further believes that state and local government fleets and private 
sector fleets will follow the Federal lead, thus reducing the amount of 
engine coolants requiring disposal each year.
3. Designation
    Today, in Sec. 247.12(c), EPA proposes to designate reclaimed 
engine coolant as an item that is or can be made with recovered 
materials.

X. Construction Products

    In proposed part 247, Sec. 247.13 contains designations of the 
following construction products: building insulation, structural 
fiberboard and laminated paperboard, plastic pipe and fittings, 
geotextiles, cement and concrete, carpet, and floor tiles and patio 
blocks. The following subsections discuss each of these items. EPA 
previously designated building insulation products and cement and 
concrete containing fly ash in 1989 and 1983 procurement guidelines, 
respectively. These designations are included in Sec. 247.13 (a) and 
(e) for the convenience of the reader and, therefore, EPA is not 
requesting comment on them. However, as explained in sections X.A and 
X.E below, EPA today proposes to amend the scope of these two item 
designations.

A. Building Insulation Products

    The 1989 building insulation products procurement guideline 
designated a variety of insulation products, including loose-fill, 
blanket and batt, board, and spray-in-place. These products are made 
with a variety of materials, including cellulose fiber, mineral wool 
(fiberglass and rock wool), perlite composite board, and plastic foams. 
Today, in subparagraph (3) of proposed Sec. 247.13(a), EPA is proposing 
to add structural fiberboard and laminated paperboard products to the 
list of board insulations. EPA discusses these two products in section 
X.B below and requests comment on adding them to the building 
insulation products designation.
    Further, EPA notes that there has been confusion about whether the 
1989 procurement guideline included fiberglass insulation, although it 
was listed in the item designation under both loose-fill and blanket 
and batt insulations, because the Agency did not recommend recovered 
materials content levels for it. Procuring agencies should note that an 
item is designated if it is listed in the designation, whether or not 
EPA recommends a recovered materials level. Procuring agencies should 
further note that, in the companion Recovered Materials Advisory Notice 
published in the Federal Register today, EPA is recommending recovered 
materials content levels for fiberglass insulation.

B. Structural Fiberboard and Laminated Paperboard

1. Background
     a. Prior proposal to designate ``cellulosic'' fiberboard. In the 
proposal to the building insulation products procurement guideline (53 
FR 29165, August 2, 1988), EPA proposed to designate ``cellulose 
fiberboard'' and recommend a recovered materials content level of 50 
percent postconsumer recovered paper for this item. Cellulose 
fiberboard was not included in the final building insulation guideline, 
because several questions regarding definitions and recovered materials 
content were unresolved.
    Specifically, there are several categories of fiberboard: 
particleboard, medium density fiberboard, hardboard, and structural 
fiberboard. Of these, EPA's proposed ``cellulose fiberboard'' is a type 
of structural fiberboard. Because ``structural fiberboards'' have both 
insulating and structural applications, however, commenters stated that 
it was unclear whether EPA was proposing to include both applications. 
They also stated that it was unclear whether the proposed guideline 
applied to laminated paperboard, which also can be made with recovered 
materials, because structural fiberboard and laminated paperboard have 
different definitions and recovered materials content. They pointed out 
that EPA proposed a definition of ``cellulosic fiberboard'' based on 
ASTM Standard Specification C 208, ``Insulating Board (Cellulosic 
Fiber), Structural and Decorative,'' which does not apply to laminated 
paperboard.
    In light of the commenters' concerns, EPA decided to conduct 
additional research into ``cellulose fiberboard'' products. Based on 
this research and additional information provided by product 
manufacturers, EPA now proposes to designate both structural fiberboard 
and laminated paperboard products for both insulating and structural 
applications.
    b. Overview of structural fiberboard and laminated paperboard 
products. Structural fiberboard products have a lower density than 
other fiberboards. Historically, both structural fiberboard and 
laminated paperboard were considered to be insulating products. Because 
they have structural applications, as well, the industry considers them 
to be ``structural fiberboard,'' rather than ``cellulosic'' or 
``insulating'' fiberboard. Therefore, EPA now proposes to use the term 
``structural'' fiberboard, rather than ``cellulosic'' fiberboard.
    The industry further differentiates laminated paperboard products 
because of their higher densities than structural fiberboard products. 
ASTM specification C 208 defines ``cellulosic'' fiberboard products as 
having a density between 10 lbs/ft\3\ and 31 lbs/ft\3\. By contrast, 
laminated paperboard products have a density in the range of 42 lbs/
ft\3\.
    Structural fiberboard and laminated paperboard products are used in 
construction for both insulating and structural purposes. They can be 
used as overlay board in built-up roofing, wall sheathing, sound-
deadening under flooring and in wall assemblies, acoustical and non-
acoustical wall and ceiling coverings, and insulation board.
    c. Use of recovered materials in other board products. 
Manufacturers of particleboard, hardboard, and medium density 
fiberboard also are beginning to use recovered materials. EPA knows of 
one manufacturer producing hardboard from wood recovered from 
demolition debris and one manufacturer producing particleboards using 
recovered cotton stalks and cotton burrs. METRO Portland reports that 
one-fourth of the wood recovered in the metropolitan Portland area in 
1992 was processed into feedstock for hardboard, particleboard, and 
medium density fiberboard. (See ``1992/93 Wood Market Profile,'' METRO 
Solid Waste Department, August 1993.) EPA requests additional 
information about the use of recovered materials to produce 
particleboard, hardboard, and medium density fiberboard. In particular, 
EPA requests comment on the following issues:
     What is the size (in expenditures or volume) of the 
Federal government market for these items?
     What is the availability of each of these items produced 
with recovered materials--national, regional, or local?
     What type(s) of recovered materials are used? What volume 
of these materials is used to produce each item?
     What are the applicable ASTM or other performance 
standards for each item? Do the standards preclude the use of recovered 
materials? Do items containing recovered materials meet the performance 
requirements in these standards?
     What is the price of these items relative to the price of 
similar items made with virgin materials?
     How many manufacturers of each item are there?
2. Rationale for Designation
    EPA believes that structural fiberboard and laminated paperboard 
products satisfy the statutory criteria for selecting items for 
designation.
    a. Use of materials in solid waste. As discussed above in section 
II.A, both paper and wood are significant components of municipal solid 
waste, and wood is a significant component of construction and 
demolition debris. Although recovered paper is used by the pulp and 
paper industry, there continues to be a need for additional markets for 
this material.
    b. Technically proven uses. Both structural fiberboard and 
laminated paperboard can be produced with high levels of recovered 
materials without compromising product performance. Five of the seven 
manufacturers of structural fiberboard and all of the laminated 
paperboard manufacturers use recovered materials, and the other two 
structural fiberboard manufacturers are experimenting with using 
recovered materials.
    In addition, both structural fiberboard and laminated paperboard 
containing recovered materials are established products with 
established specifications. ASTM specification C 208 applies to 
structural fiberboard products containing recovered materials. Both 
structural fiberboard and laminated paperboard meet other applicable 
performance requirements, such as those established by the American 
National Standards Institute (ANSI), American Society of Heating, 
Refrigeration and Air Conditioning Engineers (ASHRAE), Federal Housing 
Administration, and the various building code organizations.
    c. Impact of government procurement. Government agencies purchase 
structural fiberboard and laminated paperboard products for 
residential, institutional, and commercial applications. In 1990, $5.3 
million worth of these products were purchased with appropriated 
Federal funds. Many Federal agencies disburse funds to State and local 
agencies for using in building construction, renovation and repair--
activities for which use of structural fiberboard and laminated 
paperboard are appropriate. Therefore, EPA expects both direct and 
indirect procurement of these items to increase as a result of today's 
proposed designation.
3. Designation
    Today, in Sec. 247.13(b), EPA proposes to designate structural 
fiberboard and laminated paperboard products, including building board, 
insulating formboard, sheathing, shingle backer, sound-deadening board, 
roof insulating board, acoustical and non-acoustical ceiling tile, 
insulating wallboard, acoustical and non-acoustical lay-in panels, 
floor underlayments, and roof overlay (coverboard). The proposed 
designation includes both insulating and structural uses of structural 
fiberboard and laminated paperboard products.

C. Plastic Pipe and Fittings

1. Background
    Plastic pipe is used to collect and transport liquids, gases, and 
slurries from one point to another. Plastic fittings are used when 
installing piping systems. Plastic pipe is used in drain, waste, and 
vent (DWV) applications, sewer systems, water distribution, gas 
distribution, oil and gas production, electrical conduit, and 
industrial, agricultural, and mining operations. The use of plastic 
pipe in various applications increased dramatically in the last 20 
years, due primarily to its ability to resist corrosion.
    Plastic pipe applications predominantly fall into two categories: 
pressure and non-pressure uses. Pressure-rated applications include the 
oil, gas and mining industries, and pipe used for the transport of 
potable water. Pressure-rated pipe must be able to handle significant 
internal pressure, necessitating greater structural strength than non-
pressure applications.
    Most pressure-rated pipe and pipe rated for carrying potable water 
uses are not currently good candidates for using recovered resins. 
Several industry experts have expressed concern about potential 
contamination of potable water from pipe made from non-virgin plastic 
materials. Also, because the quality and performance of recovered 
resins in plastic pipe are only now being evaluated, manufacturers 
generally have been unwilling to risk the use of recovered resins in 
pressure-rated pipe. The fear of pipe failure, which could result in 
physical and chemical hazards and expensive repairs, has led 
manufacturers to concentrate primarily on non-pressure and non-potable 
water pipe applications for recovered plastic. Therefore, applications 
requiring pressure-rated pipe are not included in today's proposed 
guideline.
    Compared to pressure applications, non-pressure applications, 
including sewer, drainage, DWV, and conduit, generally have lower 
stresses and, thus, would not impede the use of recovered materials in 
plastic pipe and fittings. Sewer pipe is used in sanitary and storm 
sewer applications. Drainage pipe is used in surface and subsurface 
applications, such as building foundations, highway construction, and 
general land drainage to collect and convey water by gravity flow. DWV 
pipe is somewhat similar to drainage pipe, but is used primarily in 
residential housing and other building projects. Conduit is used in 
power and communications ducts and to house electrical wires.
    Plastic pipe is classified as either reinforced thermosetting resin 
pipe or thermoplastic pipe, depending on the manufacturing processes 
and resins used. EPA found no information indicating that pipe made 
from thermoset resins is being made with recovered materials.
    Thermoplastic pipe has the largest share of the plastic pipe 
market. Thermoplastic resins include polyvinyl chloride (PVC), 
polyethylene (PE), acrylonitrile-butadiene-styrene (ABS), polypropylene 
(PP), polybutylene (PB), and chlorinated polyvinyl chloride (CPVC). The 
resins are formed into pipe by an extrusion process in which molten 
resins are continuously forced through a mold. The formed pipe is then 
sized and hardened by cooling the pipe with water. Fittings are 
manufactured using an injection-molding process that forces the molten 
plastic under pressure into metal molds and then cools the mold. 
Recovered materials may be used in either the extrusion or the 
injection-molding process.
    A few variations in the manufacturing processes for thermoplastic 
pipe are used to increase the stiffness of the pipe. Two types of 
thermoplastic pipe are corrugated and smoothwall. Corrugated pipe is 
extruded and vacuum-suctioned into molds to make the corrugations 
(i.e., ridges and recesses). The corrugation adds strength to the pipe 
and makes it flexible so that it may be rolled onto spools for 
transport. Smoothwall pipe is extruded and sent through a sizing ring 
to obtain the desired thickness. Strength is obtained by increasing the 
thickness of the wall. For the purposes of this guideline, 
thermoplastic pipe includes both corrugated and smoothwall pipes.
    PVC and HDPE resins alone comprise over 90 percent of the total 
thermoplastic pipe market. The majority of all plastic pipe (about 75 
percent) is made from PVC materials. About 3.1 billion pounds of PVC 
pipe were manufactured in 1991. The largest use (48 percent) of PVC 
pipe is in sewer and drain applications, including sanitary and storm 
sewers, subsurface drain systems, building connections, drainage, and 
DWV systems. PVC pipe also is used as conduit in power and 
communications ducts. Conduit, or electrical conduit, is a type of 
plastic tubing with predominantly smaller diameters than typical pipe 
applications and is used to house buried or submerged wire and cable.
    Pipe produced from polyethylene, mainly HDPE, occupies the second 
largest domestic market for plastic pipe. Corrugated drain pipe 
accounts for about 18 percent of the HDPE pipe market and is used in 
surface and subsurface drainage applications for collecting and 
conveying water by gravity flow. Corrugated drain pipe is used in 
building foundations, highways, land and agricultural drainage 
applications, and communications ducts. Installation involves placement 
in soil and gravel beds which provide support to the flexible pipe 
walls. Solid wall HDPE pipe is inserted into existing pipes for slip-
lining applications and is used in the rehabilitation of existing 
systems and in new drainage systems.
2. Rationale for Designation
    EPA believes that plastic pipe and fittings satisfy the statutory 
criteria for selecting items for designation.
    a. Use of materials in solid waste. Non-pressure plastic pipe 
manufacturers can use recovered HDPE and PVC. As discussed above in 
section II.A, plastics are a significant component of municipal solid 
waste, and PVC is present in construction and demolition debris (e.g., 
scraps from installation of vinyl siding).
    b. Technically proven uses. Recovered plastics have been used 
successfully in the manufacture of non-pressure plastic pipe and 
fittings for use in sewer, drainage, DWV, and electrical conduit 
applications. PVC is the predominant resin used to manufacture all of 
these except drainage pipe, which is commonly made of HDPE. EPA has 
identified 10 manufacturers of plastic pipe that use recovered resins.
    Pipe fittings are manufactured by the injection-molding process, a 
process which generally can use recovered resins. The information 
available to EPA indicates that no technical barriers preclude the use 
of recovered PVC or HDPE resin in the manufacture of fittings.
    EPA is seeking information about use of recovered materials in the 
manufacture of conduit. Although it is technically feasible to 
manufacture conduit with recovered resins, EPA has been unable to 
identify manufacturers marketing their conduit as containing recovered 
materials. EPA believes that at least one manufacturer currently uses 
recovered resin in producing conduit, but the manufacturer does not 
market the product as such. Therefore, EPA requests information on the 
extent to which conduit is produced from recovered resins.
     Numerous organizations set performance and product specifications 
for plastic pipe, including ASTM. There are currently about 20 ASTM 
standards for non-pressure HDPE and PVC pipe. The materials 
specifications in some of these standards explicitly require the use of 
virgin resin; others neither allow nor disallow recovered materials 
content. However, all of these standards allow the use of rework 
materials (e.g., industrial scrap commonly reused within the 
manufacturing process). While manufacturers using recovered resin 
cannot meet the virgin materials requirements of some ASTM standards, 
they can receive verification by independent testing labs that their 
products meet the performance requirements contained within those 
standards. For the past few years, many ASTM members have been 
interested in allowing the use of recovered materials, either by 
revising existing materials requirements or developing new standards. 
However, the process of revising or developing an ASTM standard often 
takes several years. There are currently a few projects within ASTM to 
develop new standards for non-pressure pipe containing recovered resin.
    Some industry opponents of the use of recovered resin in pipe 
manufacturing claim that performance tests designed for virgin resin 
may not adequately assess recovered materials, because requirements for 
virgin resin (e.g., molecular weight, stabilizers) may not be 
equivalent for the mixed characteristics of recovered resin. They 
contend that it may be incorrect to state that a product containing 
recovered materials ``passes ASTM performance specifications'' because 
the original tests were designed only to account for the consistency of 
virgin resin inputs. Further, they claim that the tests do not 
guarantee long-term performance because they are conducted over a short 
time period. Of course, the validity of short-term testing is also at 
issue for virgin materials.
    Several pipe manufacturers have conducted research demonstrating 
that pipe made with recovered materials meets ASTM performance 
specifications. One company has demonstrated repeatedly that its HDPE 
corrugated drain pipe meets the requirements of ASTM standard F 405, 
``Standard Specification for Corrugated Polyethylene (PE) Tubing and 
Fittings,'' including the ultra-violet additive test, crush test, and 
stress-crack test, with no recorded failures. In 1993, the University 
of Toledo Polymer Institute conducted testing, funded in part by an EPA 
grant, on the suitability of using recovered HDPE resin for drainage 
pipe applications. The results showed that pipes manufactured from 
postconsumer resin blends of 25-75 percent (virgin resin comprised the 
remaining material) demonstrated acceptable performance in terms of 
stiffness, flattening, brittleness, and environmental stress crack 
resistance.
    While there remains some disagreement among industry experts on the 
appropriate testing of pipe containing recovered materials, EPA 
believes there is sufficient performance evidence to propose 
designating certain non-pressure plastic pipe. EPA seeks information on 
performance testing relating to sewer, drainage, DWV and conduit 
plastic pipes and fittings made of recovered materials.
    c. Impact of government procurement. Several Federal agencies 
purchase, either directly or indirectly, plastic pipe and fittings. 
Federal agencies are not required to track the level of detailed 
information on purchases of individual construction materials necessary 
to determine the Federal government's actual share of the pipe market. 
Direct purchases of some materials are tracked by the General Services 
Administration's Federal Procurement Data System (FPDS), which tracks 
direct purchases of $25,000 or greater made by Federal agencies. FPDS 
indicated that $1.1 million was spent on plastic pipe products in 1991.
    The direct purchases recorded by any agency in FPDS are only a 
fraction of the total purchases made through actions taken by the 
Federal government. The majority of the Federal government's plastic 
pipe purchases are made indirectly through grants or contracts. Because 
Federal expenditures on pipe products are not well-tracked, and because 
pipe products and their uses are so diverse, it is not possible to 
assess the extent to which Federal purchasing power can influence the 
market for plastic pipe containing recovered materials. However, 
anecdotal information obtained from discussions with Federal purchasing 
officials indicates that the Federal government purchases large 
quantities of plastic pipe. Federal agencies expected to be the largest 
purchasers of plastic pipe and fittings, and their uses of plastic 
pipe, are described below.
    The Federal Highway Administration (FHWA) disburses approximately 
$19 billion per year in Federal funding for highway projects. Plastic 
pipe is an integral part of many of these projects, serving primarily 
drainage functions on bridges and under and along roads. One 
manufacturer alone claimed to have supplied approximately $40 million 
of plastic pipe to Federally-funded highway projects.
    The Department of Housing and Urban Development (HUD) funds several 
programs for the renovation of existing housing and the construction of 
new housing, including the installation and renovation of water and 
sewer systems. The Public Housing Development Program, the Public 
Housing Modernization Program, and the Community Development Block 
Grants Program account for over $4.5 billion of HUD's total budget. 
Many of these projects involve the installation of plastic pipe.
    In the Department of Agriculture, one branch of the U.S. Forest 
Service is responsible for maintenance and construction projects on 
National Forest lands, including the building of public facilities, 
irrigation and planting projects, and drainage systems. In addition, 
the Soil Conservation Service uses corrugated HDPE drainage pipe and 
corrugated and solid wall PVC drain and sewer pipe in subsurface 
drainage systems.
    While exact data are not available on Federal market share, this 
anecdotal information indicates that the Federal government may have a 
substantial impact on the procurement of non-pressure plastic pipe made 
with recovered materials.
3. Designation
    Today, in Sec. 247.13(c), EPA proposes to designate plastic pipe 
and fittings made from thermoplastic resins, including PVC and HDPE, 
for the following applications: sewer, drainage, conduit, and drain, 
waste and vent (DWV).

D. Geotextiles

1. Background
    Geotextiles are permeable civil engineering fabrics that are used 
in a variety of construction applications. The four main functions of a 
geotextile are separation, drainage, filtration, and slope 
reinforcement. Depending on the application, a geotextile may serve one 
or more of these functions. The five main applications for geotextiles 
are: road building, drainage, erosion control, soil stabilization, and 
waste containment (e.g., landfill construction).
    The physical, mechanical, and hydraulic properties of a geotextile 
depend on the materials used to make the fiber, and the manufacturing 
process used to construct the fiber. Most geotextiles are made of 
plastic polymers, although some are made of natural fibers such as 
jute. Of the many different types of plastic polymers that can be used 
to make geotextiles, polyolefins and polyesters are used most often. 
Currently, in North America, 83 percent of all geotextiles are made of 
polypropylene, 14 percent of polyester, 2 percent of polyethylene, and 
1 percent of other plastic resins.
    Geotextiles may be made of woven or nonwoven fabrics. Woven 
geotextiles generally are stronger than nonwoven fabrics of the same 
weight, and dominate the drainage, asphalt overlay, and lining systems 
markets. Nonwoven geotextiles generally are permeable to moisture, 
resistant to rot and mildew, and conform to the subgrade soils. 
Nonwoven fabrics dominate the stabilization and separation, and 
subgrade and base reinforcement markets. Both woven and nonwoven 
geotextiles are produced using postconsumer recovered plastic and in-
house plastic scrap, including postconsumer PET bottles.
    Products related to geotextiles include geogrids, geonets, and 
geocomposites. These products are used in similar applications as 
geotextiles, but they have distinctly different basic properties. 
Geogrids are used in high-strength applications, primarily for 
reinforcement. They are made from either high density polyethylene, 
high tenacity polyester, or polypropylene. Geogrids are distinguished 
from other geotextile products by their large openings (called 
``apertures'') which allow soil to pass through from one side of the 
geogrid to the other. Geonets are similar in appearance to geogrids; 
however, geonets have diamond-shaped apertures rather than square 
apertures and are almost always made of polyethylene. Geonets are used 
almost exclusively for their drainage capability and are always used in 
conjunction with another geosynthetic material, such as a geotextile. 
Specifications do not prohibit the use of recovered materials in these 
products. EPA has not identified any manufacturers of geogrids or 
geonets that use recovered resin. Although there appear to be no 
technical reasons why recovered resins cannot be used to manufacture 
these products, EPA understands that manufacturers may be reluctant to 
use recovered resins in geonets and geogrids because of their higher 
strength applications (e.g., reinforcement). Therefore, EPA requests 
information on manufacturers of geogrids or geonets using recovered 
materials, and information on their performance.
    Geocomposites combine the best features of different civil 
engineering materials. They are almost always made of synthetic 
materials; however, it is also possible to make a geocomposite by 
combining a synthetic material with a nonsynthetic material, such as 
bentonite clay. Examples of synthetic geocomposites include geotextile-
geomembrane composites, geotextile-geonet composites, geotextile-
polymer-core composites, and geomembrane-geogrid composites. Like 
geotextiles and related products, geomembranes are classified as a 
geosynthetic material. However, geomembranes are not considered in this 
guideline because there are no technically proven examples of 
geomembranes made with recovered materials, and there are 
specifications that prohibit the use of recovered plastic in the 
manufacture of geomembrane liners.
    Geocomposites may be formed either by laying one material over the 
other or by welding them together. For example, geotextiles and geonets 
can be laid next to each other to form a geotextile-geonet-geotextile 
``sandwich'' for conveying landfill leachate or conducting air beneath 
pond liners. In contrast, geomembranes and geogrids made of the same 
polymer can be welded together to form a geocomposite with enhanced 
strength and friction capabilities. Two geocomposite manufacturers 
advertise their products as being made with postconsumer recovered 
materials. These manufacturers reportedly make their geocomposites 
using a polyester geotextile that contains postconsumer PET.
2. Rationale for Designation
    EPA believes that geotextiles satisfy the statutory criteria for 
selecting items for designation.
     a. Use of materials in solid waste. Both woven and nonwoven 
geotextiles are produced using postconsumer recovered PET and recovered 
PP. As discussed above in section II.A, plastics are a significant 
component of municipal solid waste.
     b. Technically proven uses. EPA has identified seven geotextile 
manufacturers and two geocomposite manufacturers who claim to use 
recovered plastic to make their products. Three geotextile 
manufacturers produce needlepunched, nonwoven polyester geotextiles 
from recovered PET. Another company produces woven and nonwoven 
geotextiles containing postconsumer polypropylene. A fifth manufacturer 
produces geotextiles from recovered polypropylene scrap for use in 
erosion control applications. Two other companies reportedly use 
recovered plastic to make geotextiles. Two manufacturers of 
geocomposites use recovered PET as well. These products are available 
to government procuring agencies, as they are made by some of the 
largest geotextile manufacturers. No manufacturers of geogrids or 
geonets containing recovered materials have been identified.
    Standards for the manufacture and use of geotextiles are governed 
primarily by ASTM's Committee D-35 on Geosynthetics, which has 
developed 13 applicable to geotextiles. All but one of these geotextile 
standards describe procedures for testing geotextiles for certain 
properties, such as tensile strength and ultraviolet light resistance. 
These test methods are used mainly to compare different types of 
geotextiles and for acceptance testing. The one ASTM geotextile 
standard that is not a test method provides instructions on how to 
accept, store, and handle geotextiles. None of these standards preclude 
the manufacture of geotextiles from recovered resin.
    Other organizations that oversee the use of geotextiles include the 
American Association of State Highway and Transportation Officials 
(AASHTO), State departments of transportation, and several Federal 
agencies such as the Federal Highway Administration and EPA. None of 
these organizations require that geotextiles be made of virgin resin.
    EPA has been extensively involved in the research and application 
of geosynthetic materials for use in waste containment systems. Any use 
of geotextiles in municipal solid waste or hazardous waste containment 
applications must comply with applicable EPA regulations and technical 
guidance.\1\ Although these regulations do not specifically require 
their use, geotextiles are being used for several purposes in waste 
containment applications.\2\ Application of geosynthetics to the 
containment of municipal or hazardous waste involves a variety of 
screening tests to properly select a material for use at a specific 
location to contain a specific waste. EPA has found that virtually no 
data exist on the performance of geotextiles containing recovered 
materials in waste containment applications. The EPA guidance document 
entitled, ``Technical Guidance Document--Quality Assurance and Quality 
Control for Waste Containment Facilities'' (EPA/600/R-93/182), states 
that geotextiles containing recovered materials may be appropriate, for 
example, in the gas collection layer above the waste and in the 
protection layer between the drainage stone and geomembrane, taking 
into consideration the design parameters. EPA seeks information on 
performance data of geotextiles containing recovered materials in waste 
containment applications, and requests comment on whether geotextiles 
containing recovered materials should be recommended for other uses in 
waste containment applications.
---------------------------------------------------------------------------

    \1\EPA's municipal solid waste landfill regulations are found in 
40 CFR part 258. EPA's regulations for hazardous waste landfills, 
surface impoundments, and waste piles are found in 40 CFR part 264, 
subparts N, K and L, respectively.
    \2\Additional information on the use of geotextiles in waste 
containment applications is provided in the background information 
document, ``Procurement Guideline for Geosynthetic Materials: Draft 
Final Feasibility Study'' which has been placed in the RCRA docket.
---------------------------------------------------------------------------

    c. Impact of government procurement. Government agencies purchase 
geotextiles and related products. EPA estimates the 1990 expenditures 
for these products purchased with appropriated Federal dollars to be 
$216 million, or about 63 percent of the Agency's estimate of the 
geotextile industry's total output value. The Federal government 
represents such a large share of the geotextile market because 
geotextiles are used extensively in highway construction. Eighty 
percent of highway construction and maintenance is funded from the 
Federal Highway Trust Fund, which is distributed to States by the 
Federal Highway Administration.
    Other Federal agencies that use geotextiles include the Department 
of Defense, Army Corps of Engineers, and the U.S. Forest Service. Uses 
of geotextiles by these agencies include drainage applications, 
building roads, constructing retaining walls, supporting backfill, 
landfill applications and constructing dams.
3. Designation
    Today, in Sec. 247.13(d), EPA proposes to designate geotextiles for 
use in road building, drainage, erosion control, and soil 
stabilization, and for use in the gas collection layer and the 
protection layer between the drainage stone and the geomembrane liner 
in waste containment systems. EPA is not proposing to designate 
geocomposites as a separate guideline item; however, a geotextile layer 
of a geocomposite would be covered under this designation.

E. Cement and Concrete

1. Background
    In 1983, EPA issued a procurement guideline designating cement and 
concrete containing fly ash generated by coal burning utilities for use 
in concrete products such as pipe and block (48 FR 4229, January 28, 
1983). In the preamble to that guideline, EPA noted that it considered 
including the use of ground granulated iron blast furnace slag (GGBF 
slag) in cement and concrete. EPA stated that GGBF slag was not 
sufficiently available to warrant a guideline on a national scale. EPA 
further noted that GGBF slag was being reused at a very high rate as an 
aggregate and as fill material.
    In the 1983 guideline, EPA encouraged procuring agencies to apply 
the general provisions of the guideline in those cases where GGBF slag 
suitable for use in cement becomes available (48 FR 4236). However, it 
has since been EPA's experience that, as a general rule, procuring 
agencies are unwilling to try a product containing recovered materials 
unless EPA specifically designates that product in a procurement 
guideline. Despite the language in the 1983 guideline encouraging its 
use and despite the availability of ASTM and AASHTO specifications for 
its use, EPA was recently informed that fewer than 10 states have 
specifications which include or allow GGBF slag. One slag producer 
informed EPA that it has experienced significant hesitance on the part 
of state transportation agencies to use cement and concrete containing 
GGBF slag.
    The GGBF slag producers are located in the Eastern U.S. and, 
because of transportation costs, their products generally are available 
in the Eastern states. However, the slag producers recently informed 
EPA that Portland cement manufacturers are able to produce GGBF slag, 
which expands the national availability of cement and concrete 
containing GGBF slag. According to the slag producers, GGBF slag is 
available in over 30 states.
    GGBF slag clearly falls within the statutory definition of 
``recovered materials.'' It is a by-product of the production of iron 
in a blast furnace and is not reused within the original manufacturing 
process.
    Based on this information and the information presented below, EPA 
now concludes that the scope of the cement and concrete guideline 
should include GGBF slag.
2. Rationale for Designation
    EPA believes that cement and concrete containing GGBF slag satisfy 
the statutory criteria for selecting items for designation.
    a. Use of materials in solid waste. As discussed in section II.A of 
this preamble, approximately 75 percent of the GGBF slag generated 
annually is used in aggregate applications, but significant additional 
quantities are not currently used and must be stockpiled.
    b. Technically proven uses. It is technologically and economically 
feasible to process blast furnace slag into an additive for cement and 
concrete. The slag is ground into a consistency somewhat finer than 
Portland cement. In concrete, GGBF slag replaces a portion of the 
Portland cement. In some concrete mixtures, GGBF slag can replace up to 
75 percent of the Portland cement, on a pound for pound basis. Most 
concrete mixtures containing GGBF slag use between 25 and 50 percent 
slag.
    Like coal fly ash, GGBF slag can improve the performance of 
concrete. According to information provided by the slag producers, GGBF 
slag can result in higher strength; lower heat; lower permeability; 
better durability in marine, salt, and chemical environments; and 
lighter color. The producers also state that GGBF slag can be used 
compatibly with coal fly ash and other cementitious and pozzolanic 
materials when used in concrete.
    There are approximately 1.2 million tons of domestic cement 
industry grinding capacity specifically devoted to the manufacture of 
GGBF slag. In addition, several Portland cement manufacturers have 
devoted grinding capacity to GGBF slag. Currently, five companies 
operate six grinding plants to produce GGBF slag. Additionally, two 
Portland cement companies may begin producing GGBF slag at three 
locations, and a third company recently bought a GGBF slag plant.
    Consensus and state specifications are evidence of the performance 
of GGBF slag in cement and concrete. ASTM and AASHTO each have two 
specifications applicable to use of GGBF slag: ASTM C 989, Ground 
Granulated Blast-Furnace Slag for Use in Concrete Mortars; ASTM C 595, 
Blended Hydraulic Cements; AASHTO M 302, Ground Granulated Blast 
Furnace Slag for Use in Concrete and Mortars; and AASHTO M 240, Blended 
Hydraulic Cements. In addition, there is an American Concrete Institute 
Standard Practice, ACI 226.R1, Ground Granulated Blast-Furnace Slag as 
a Cementitious Constituent in Concrete. The States of Maryland, West 
Virginia, Pennsylvania, Virginia, Georgia, South Carolina, and Florida 
also have adopted specifications which allow use of GGBF slag.
    c. Impact of government procurement. In the 1983 guideline, EPA 
noted that almost one-half of total U.S. cement consumption is in 
public construction projects, many of which are funded with Federal 
funds. Factoring in usage of cement containing fly ash and uses for 
which recovered materials may be inappropriate, the potential impact of 
designating GGBF slag still could be substantial.
3. Designation
    Today, in Sec. 247.13(e), EPA proposes to add GGBF slag to the 
existing designation of cement and concrete containing fly ash.

F. Carpet

1. Background
    Broadloom carpet, meaning roll goods in 12-foot widths, for wall-
to-wall installation, generally is comprised of face fibers (made of 
nylon, polyester, wool, or polyethylene) inserted into a primary 
backing, which is usually made of polypropylene materials. The fiber is 
then locked or glued into place by a layer of latex adhesive; a 
secondary backing made of polypropylene or jute fiber then is applied 
to provide stability. Carpet squares or tiles are manufactured first as 
broadloom carpet; however, after inserting the fiber into the primary 
backing, a sheet made of polypropylene or other material is added for 
stability, and a secondary backing made of PVC, polyurethane, or other 
hardback material is applied. Finally, the carpet is cut into squares, 
usually 18'' x 18''.
    The majority of carpet manufactured in the U.S. is made of nylon 
carpet fibers, with a smaller percentage (about 10 percent) being made 
of polyester. Currently, recovered materials are being used to produce 
carpet fiber, carpet backing, and carpet cushioning.
    Although nylon comprises a much larger share of the carpet fiber 
market than polyester, at this time, carpet containing recovered 
materials is being manufactured only from recovered PET. In addition, 
one major manufacturer of nylon and nylon carpet fibers has initiated a 
pilot project to recover nylon from old carpet and remanufacture it 
into new products, including new carpet fiber. Because this process is 
only now being developed, it is premature to include carpet made from 
recovered nylon within the scope of the item designation proposed 
today. EPA seeks information regarding other manufacturers of carpet 
fiber, or other carpet components, that are or can be made with 
recovered materials (e.g., recovered polypropylene or rubber backing).
    EPA is aware of only one manufacturer that uses recovered materials 
to make carpet backing; this company uses its own waste. The Agency 
aware of one company that makes carpet cushioning of recovered 
materials, including postconsumer materials. EPA requests information 
on other manufacturers of carpet backing or cushioning using recovered 
materials. EPA currently is not considering these items for designation 
because only one manufacturer of each has been identified.
2. Rationale for Designation
    EPA believes that polyester carpet fiber meets the statutory 
criteria for selecting items for designation.
    a. Use of materials in solid waste. Both manufacturers identified 
by EPA make carpet fiber from postconsumer PET (i.e., polyester). The 
main source of postconsumer PET is recovered soft drink bottles, which 
are washed, ground, melted, and then spun into fiber. As discussed 
above in section II.A, plastic, including PET, is a significant portion 
of the nation's municipal solid waste.
    b. Technically proven uses. Of the two manufacturers of carpet 
containing recovered PET, one offers carpet in one commercial style and 
100 to 150 residential styles of carpet; the carpet is marketed 
nationally. The other manufacturer offers carpet in 1,800 patterns and 
in 70 colors; the carpet also is marketed nationwide. This manufacturer 
currently has a contract under GSA's New Item Introductory Schedule for 
polyester carpet containing recovered materials. Additionally, carpet 
containing recovered materials has been installed in at least two 
Federal government buildings, and several State government buildings. 
Both companies claim that their products meet applicable performance 
requirements.
    There are numerous specifications that must be considered when 
purchasing carpet; however, EPA is not aware of any specifications that 
explicitly prohibit the use of carpet fiber made of recovered 
materials.
    ASTM has several test methods for carpet fiber, including abrasion 
resistance, electrostatic propensity, flammability, specific optical 
density of smoke, colorfastness, pilling and fuzzing resistance, and 
fiber tuft bind. Other organizations that have standards pertaining to 
carpet include the American Association of Textile Chemists and 
Colorists, and the Carpet and Rug Institute. ASTM does not have any 
standards that preclude the use of recovered materials in carpet, and 
EPA is not aware of such standards from any other organizations.
    EPA knows of one Federal agency specification (issued by the 
Department of Army, Army Corps of Engineers) that requires the use of 
only nylon or wool carpet, and thereby prohibits the purchase of 
polyester carpet. The requirement to use nylon or wool carpet may be 
due to the particular application, and differences in the material's 
resiliency, appearance retention, and other properties. EPA requests 
information on whether there are specific carpet applications for which 
use of polyester carpet is inappropriate.
    c. Impact of government procurement. Although EPA was not able to 
obtain any quantitative information, virtually all Federal agencies 
purchase carpet. Use of polyester carpet containing recovered materials 
both will create a market for this item and demonstrate its 
performance.
3. Designation
    Today, in Sec. 247.13(f), EPA proposes to designate carpet made of 
polyester fiber for use in low- and medium-wear applications. The 
proposed designation does not include polyester carpet for use in 
heavy-wear applications.

G. Floor Tiles and Patio Blocks

1. Background
    a. Floor tiles. Floor tiles are used in a variety of applications, 
including office spaces, entranceways, bathrooms, laboratories, and 
hallways. EPA has identified 10 manufacturers and/or distributors of 
floor tiles containing recovered materials. The recovered materials 
used in these products include rubber derived from old tires, and 
various plastic resins, most commonly PVC (i.e., vinyl). Five of the 10 
companies make floor tiles with postconsumer tire rubber. Some of the 
companies add a small amount of virgin rubber, adhesive fabric, or 
coloring agents to their products. All five companies market their 
products nationally for applications such as entrance ways in airports 
and stores, furniture showrooms, skating rinks, and fitness centers. In 
addition, five companies nationally market floor tiles made from 
recovered PVC, including some postconsumer resin. A few types of floor 
tile are made with preconsumer PVC from swimming pool liners, roof 
membranes, and automobile dashboard cutouts. These interlocking tiles 
are used in various applications, such as fitness centers, bathrooms, 
and cafeterias. Another type of tile is made of postconsumer PVC from 
car doors and fender strips. These interlocking tiles are used for 
heavy-duty applications such as entrance vestibules, work areas behind 
cashier counters, and under heavy equipment in fitness centers.
    b. Patio blocks. Patio blocks are used in the construction of patio 
areas and walkways for gardens and trails. EPA has identified six 
manufacturers of patio blocks made with recovered materials. The 
recovered materials used to make these products include rubber derived 
from old tires and blends of plastics resins (e.g., HDPE and LDPE), 
rubber/plastic, and rubber/wood.
2. Rationale for Designation
    EPA believes that floor tiles and patio blocks containing recovered 
rubber or plastic meet the statutory criteria for selecting items for 
designation.
    a. Use of materials in solid waste. As discussed above in section 
II.A, both plastic and tires are significant components of solid waste. 
While both are being recovered, additional markets are needed.
    b. Technically proven uses. Floor tiles made of recovered rubber or 
plastic have been used in a variety of applications, including fitness 
centers, bathrooms, cafeterias, entrance vestibules, work areas, and 
laboratories. These uses are consistent with the potential uses by 
procuring agencies. Patio blocks made of recovered materials have been 
used in the construction of garden walkways and trails. EPA is not 
aware of any specifications that prohibit the use of recovered 
materials in the manufacture of floor tiles or patio blocks; thus, the 
Agency requests comment on this issue.
    c. Impact of government procurement. Floor tiles are used by 
Federal agencies in a variety of building applications. Patio blocks 
are used in the design of walkways, such as for gardens or trails. 
Federal agencies that may use patio blocks include the U.S. Park 
Service, U.S. Forest Service, and Housing and Urban Development.
3. Designation
    Today, in Sec. 247.13(g), EPA proposes to designate floor tiles and 
patio blocks containing rubber or plastic. This designation does not 
preclude a procuring agency from purchasing floor tiles or patio blocks 
manufactured using other materials. It simply requires that a procuring 
agency, when purchasing floor tiles or patio blocks manufactured from 
rubber or plastic, purchases such items made with recovered materials. 
EPA requests comment on whether there are any particular uses or 
applications of floor tiles and patio blocks that would preclude the 
use of recovered materials.

XI. Transportation Products

A. Temporary Traffic Control Devices

1. Background
    Temporary traffic control devices are used in a variety of 
situations where it is necessary to re-direct, channel, or restrict 
traffic in areas of highway construction or repairs. They may also be 
used to mark a road hazard that may exist in the way of traffic. For 
purposes of controlling traffic, such devices must be stable and 
clearly visible. Traffic cones must be able to withstand impact without 
damage to themselves or to vehicles. In addition, temporary traffic 
control devices must be manageable by work crews responsible for 
transporting, handling, and storing them. Definitions, applications, 
and requirements for traffic control devices are found in the ``Manual 
on Uniform Traffic Control Devices'' (MUTCD), which is published by the 
Federal Highway Administration.
    Today, EPA proposes to designate two types of temporary traffic 
control devices--traffic cones and traffic barricades.
    a. Traffic cones. Traffic cones are conical in shape with a 
broadened and weighted base, making them able to withstand significant 
wind gusts without tipping or blowing away. In order to be able to 
withstand an impact without damaging a vehicle, the upper component of 
a traffic cone is typically made from LDPE or PVC. The lower component 
of the traffic cone is typically made from a rubber or plastic material 
capable of providing ballast and friction with the surface of the 
roadway. Typical applications for traffic cones are described in 
section 6C-4 of the MUTCD.
    EPA identified several manufacturers and distributors of traffic 
cones containing postconsumer LDPE and PVC resins, as well as crumb 
rubber from scrap tires. In general, both recovered and postconsumer 
recovered plastics are used in the upper component of the cones, and 
crumb rubber is used in the base. EPA requests information on use of 
other recovered materials in the manufacture of traffic cones.
    b. Traffic barricades. There are three types of traffic barricades: 
Type I, Type II, or Type III. Type I or Type II barricades are intended 
for use in situations where traffic is maintained through an area being 
constructed and/or reconstructed. Type III barricades are used when a 
road section is closed-off to traffic. Applications for traffic 
barriers are described in section 6C-9 of the MUTCD.
    Traffic barricades are typically made from wood, metal, plastic, or 
a combination of these materials. The traditional design of the 
barricades typically involves the use of metal in the supporting frame 
and wood in the cross rails. In past years, many manufacturers of 
traffic barricades have shifted to the use of recovered materials in 
both the supporting frame and rails of the barricades. Manufacturers 
use recovered materials to manufacture the housing and lenses used in 
lighting devices affixed to the barricades as well.
    EPA identified several manufacturers and distributors of Type I and 
Type II traffic barricades containing recovered fiberglass and 
plastics, including HDPE, and blends of HDPE and PET or LDPE. EPA 
requests information on use of other recovered materials in the 
manufacture of Type I, Type II, or Type III traffic barricades.
    EPA acknowledges that the metal frames and wood panels used in the 
manufacture of certain traffic barricades may contain recovered scrap 
metal or wood. EPA does not intend to limit the use of such items and 
requests information on the use of recovered metals or wood in the 
manufacture of traffic barricades.
    c. Other devices. Other temporary traffic control devices, such as 
tubular markers, drums, or vertical panels, can serve the same purposes 
as traffic cones and barricades. Tubular markers are defined in section 
6C-3, vertical panels in section 6C-5, and drums in section 6C-7 of the 
MUTCD.
    EPA identified one manufacturer of vertical panels using recovered 
polypropylene and crumb rubber and one manufacturer of tubular markers 
using recovered PVC and crumb rubber. Because there would be 
insufficient competition in supplying these two items containing 
recovered materials, EPA is not proposing to designate them today. In 
addition, because EPA was unable to identify any manufacturers of drums 
using recovered materials, the Agency also is not proposing to 
designate drums today.
    Although no manufacturers of drums containing recovered materials 
were identified, EPA recognizes the common practice of using recovered 
commercial tire sidewalls around the base of drums to stabilize them on 
the roadway. EPA requests information on use of recovered materials in 
the manufacture of traffic control drums, tubular markers, or vertical 
panels.
2. Rationale for Designation
    EPA believes that temporary traffic control devices satisfy the 
statutory criteria for selecting items for designation.
    a. Use of materials in solid waste. As discussed above in section 
II.A, plastic and rubber are significant components of the solid waste 
stream. Both of these materials are technically and economically 
feasible to recover for reuse, and additional markets for them are 
needed.
    Many manufacturers of traffic control devices are currently working 
to increase the amounts of postconsumer plastic and rubber used in 
their products.
    b. Technically proven uses. Temporary traffic control devices made 
with recovered materials have been produced in the U.S. for several 
years. Manufacturers have been using high percentages of crumb rubber 
buffings in the lower component of traffic cones since the conception 
of this device, but have not advertised this fact. The substitution of 
recovered resins in the plastic components of traffic control devices 
is technically and economically feasible in this application. This is 
evidenced by the substantial increase in the procurement of these items 
by state agencies. A recent multi-state procurement led by the State of 
New York involved more than 30,000 traffic cones made with 50 percent 
total recovered materials and 6 percent postconsumer materials. A 
recent procurement by a large city involved more than 300 traffic 
barricades made with 100 percent postconsumer recovered content.
    As previously stated, temporary traffic control devices must be 
stable and clearly visible. Traffic cones must be able to withstand 
impact without damage to themselves or to vehicles. In addition, 
temporary traffic control devices must be manageable by work crews 
transporting, handling, and storing them. General performance 
requirements for temporary traffic control devices involve appearance, 
size, weight, and durability. Manufacturers are currently able to use 
recovered materials successfully in the production of these devices and 
meet applicable performance specifications.
    Section 635 of ``Standard Specifications for Construction of Roads 
and Bridges on Federal Highway Projects, FP-85'' contains the Federal 
specifications for temporary traffic control devices. EPA examined the 
specifications, and found that section 635.02 does not preclude the use 
of recovered materials in temporary traffic control devices. Further, 
the Federal specifications reference the requirements contained in the 
MUTCD, which also do not preclude the use of recovered materials.
    In addition to the Federal specifications, state procuring agencies 
may have additional materials or performance requirements for temporary 
traffic control devices. Several state procuring agencies have 
additional requirements and programs to test or confirm material 
properties of traffic control devices prior to acceptance of shipment. 
Most of the currently available traffic barricades containing recovered 
materials are able to meet or exceed specific state requirements. In 
addition, at least five states explicitly specify a preference for 
traffic control devices made from recovered materials.
    EPA believes that, as procuring agencies begin to obtain current 
information about traffic control devices made with recovered 
materials, they will find that these devices meet their performance 
requirements and will increase usage of these products.
    c. Impact of government procurement. Government agencies purchase, 
or use appropriated Federal funds to purchase, temporary traffic 
control devices. The Federal government represents a large share of the 
market for traffic control devices, including traffic cones and 
barricades. State highway departments use monies from the Federal 
Highway Trust Fund to complete major construction and renovation 
projects, in which the use of traffic control devices is extensive. 
Other major users of traffic control devices include the Department of 
Transportation, Army Corps of Engineers, and Department of Interior. 
EPA requests information on other government entities that use 
temporary traffic control devices.
3. Designation
    Today, in Sec. 247.14, EPA proposes to designate two types of 
temporary traffic control devices used in controlling or restricting 
vehicular traffic--traffic cones and traffic barricades. As discussed 
above, EPA also requests information about the use of recovered 
materials in the manufacture of other types of temporary traffic 
control devices.

XII. Park and Recreation Products

A. Playground Surfaces and Running Tracks

1. Background
    a. Playground surfaces. EPA has identified 20 manufacturers/
distributors of playground surfaces made with recovered materials. 
These companies offer products made of postconsumer rubber derived from 
old tires. Three of these companies use other recovered materials as 
well, including blends of rubber/asphalt, rubber/compost, and rubber/
PVC. One of these companies also makes playground surfaces containing 
postconsumer PVC.
    Playground surfaces made of rubber are often more desirable than 
other surfacing materials, such as wood chips, sand, and asphalt, 
because they can provide more cushioning, reduce injuries and 
abrasions, and may be safer for children.
    b. Running tracks. Some of the companies that make playground 
surfaces also make running tracks containing postconsumer tire rubber. 
EPA obtained information from four of these companies, which indicated 
that they offer running tracks made of high percentages of postconsumer 
rubber. Some of the companies use either a layer of virgin resin to 
provide added spike resistance, or small percentages of preconsumer 
recovered rubber for coloring. One of these companies constructed the 
1984 Olympic running tracks with recovered materials, and has 
constructed running tracks for universities, schools, and state 
governments.
2. Rationale for Designation
    EPA believes that playground surfaces and running tracks satisfy 
the statutory criteria for selecting items for designation.
    a. Use of materials in solid waste. Playground surfaces and running 
tracks can contain recovered rubber and PVC. As discussed above in 
section II.A, both of these materials are significant components of 
municipal solid waste, and PVC is also found in construction and 
demolition debris.
    b. Technically proven uses. The companies surveyed by EPA have sold 
playground surfaces made with recovered materials for a variety of 
installations, including McDonalds' playgrounds, schools, and military 
bases. Running tracks made of recovered rubber have also been 
constructed at universities, schools, military bases, the U.S. 
Olympics, and the White House.
    GSA does not have specifications for playground surfaces or running 
tracks; however, Federal agency installations of these products must 
comply with applicable State or local construction codes, as well as 
the Consumer Product Safety Commission standards and the Americans With 
Disabilities Act. The Consumer Products Safety Commission requires that 
playground surfaces meet certain performance standards to reduce head 
injuries, including ASTM specification F 1292, pertaining to impact 
attenuation standards. Playground surfacing and running tracks must 
also comply with the Americans With Disabilities Act, which provides 
that mobility-impaired persons cannot be prohibited from access to 
public places.
    EPA requests information on any other specifications that apply to 
the use and manufacture of playground surfaces and running tracks, and 
what impact these specifications would have on the use of recovered 
materials in the manufacture of these items.
    c. Impact of government procurement. Playground surfaces and 
running tracks are used by Federal agencies for installation at 
military bases and parks and recreation facilities. Playground surfaces 
are also used in day care centers and housing developments.
3. Designation
    Today, in Sec. 247.15, EPA proposes to designate playground 
surfaces and running tracks containing recovered rubber or plastic. 
This designation does not preclude a procuring agency from purchasing 
playground surfaces or running tracks manufactured using other 
materials. It simply requires that a procuring agency, when purchasing 
playground surfaces or running tracks manufactured from rubber or 
plastic, purchases such items made with recovered materials.

XIII. Landscaping Products

A. Hydraulic Mulch

1. Background
    Hydraulic mulch is a landscaping and erosion control product. It is 
made of small pieces of cellulose fibers, which can be either wood or 
paper. It is applied to a soil surface by mechanical spraying, usually 
in a process known as hydroseeding, which involves spraying a mixture 
of water, seeds, and the hydraulic mulch over soil. The mulch provides 
stability for the soil, preventing erosion, and provides protection and 
warmth for the seeds, facilitating germination. Other ingredients also 
may be added to the mixture, such as a non-toxic green dye, fertilizer, 
a tacking agent, or a wetting agent.
    a. Paper-based hydraulic mulch. Paper-based hydraulic mulch is 
produced using recovered paper as a feedstock. Old newspapers are the 
primary recovered paper used, but some manufacturers also are mixing in 
over-issue newspapers and/or magazines, and postconsumer corrugated 
containers, office paper, and telephone books.
    Paper-based hydraulic mulch is manufactured primarily by cellulose 
insulation manufacturers. EPA is aware of 37 manufacturers that produce 
both cellulose insulation and hydraulic mulch. In 1990, hydraulic mulch 
manufacturers consumed 98,000 tons of recovered newspaper, and the 
American Forest & Paper Association (AFPA) projects consumption to 
increase to 180,000 tons by 1995. The majority of these manufacturers 
use up to 100 percent postconsumer and recovered paper.
    b. Wood-based hydraulic mulch. Wood-based hydraulic mulch generally 
is manufactured with wood fibers, which are recovered from wood scraps, 
wood chips, and bark. At least one manufacturer of wood-based hydraulic 
mulch produces a blended product containing 50 percent recovered paper. 
Another manufacturer produces wood-based hydraulic mulch containing 100 
percent postconsumer recovered wood and blends of postconsumer 
recovered wood and paper.
    c. Applications. Hydraulic mulch is used for re-seeding and soil 
stabilization during highway construction; seeding during mine site 
reclamation, pipeline installation, and landfill closure; residential 
and industrial landscaping; temporary erosion control at construction 
sites; and seeding of athletic fields and golf courses.
    It can be used alone or in conjunction with straw or hay. Hydraulic 
mulch is preferred for steep slopes and embankments where seed is blown 
into place, rather than applied with mechanical seeding machines. It 
also works best with low-growing ground cover seeds that are frequently 
planted for erosion control. In general, straw mulch is considered the 
best product for erosion control and promoting vegetative growth; 
however, depending on climate, hydraulic mulch or a combination of 
straw and hydraulic mulch is preferred. In the latter situation, 
hydraulic mulch is used to anchor the straw to prevent it from blowing 
away.
2. Rationale for Designation
    EPA believes that hydraulic mulch products satisfy the statutory 
criteria for selecting items for designation.
    a. Use of materials in solid waste. As discussed above in section 
II.A, paper is a significant component of the solid waste stream, but 
one that is technically and economically feasible to recover for reuse. 
Construction and demolition debris contains a significant percentage of 
wood. Although recovered paper is used by the pulp and paper industry, 
there continues to be a need for additional markets for this material.
    b. Technically proven uses. Production of hydraulic mulch products 
has grown steadily over the past six years. There are at least 37 
manufacturers of paper-based hydraulic mulch located throughout the 
U.S. There also are several manufacturers of wood-based hydraulic mulch 
using recovered wood.
    The hydraulic mulch industry is divided on the benefits and 
drawbacks of paper-based and wood-based hydraulic mulch. Manufacturers 
of each item claim superior performance of their products. It is EPA's 
understanding that the International Erosion Control Association is 
developing performance standards for hydraulic mulch to resolve the 
dispute over performance. The standards will be based on the amount of 
vegetation produced, not on physical specifications of the product. As 
of early 1994, these standards were still under development.
    c. Impact of government procurement. Government agencies purchase, 
or use appropriated Federal funds to purchase, hydraulic mulch 
products. EPA estimated the 1990 expenditures for these products to be 
$10-15 million, or approximately 50 percent of the hydraulic mulch 
industry's total revenues. The Federal government represents a large 
share of this market, because hydraulic mulch products are used 
extensively in highway construction, funded with monies from the 
Federal Highway Trust Fund. Other major users of seeding products are 
the General Services Administration, Forest Service, Army Corps of 
Engineers, and several bureaus within the Department of Interior. In 
addition, Federal grant monies from the Department of Housing and Urban 
Development can be used in landscaping and other soil management 
activities.
    Federal and state specifications can be a barrier to increased use 
of hydraulic mulch products. A 1990 survey conducted by a mulch 
manufacturer revealed that 19 states either disallowed the use of 
paper-based hydraulic mulch or had specifications that did not 
specifically include this product in the list of approved materials. 
EPA examined this information and found that some state and Federal 
specifications prohibit the use of paper-based hydraulic mulch. Reasons 
provided ranged from lack of information to previous performance 
problems with paper-based hydraulic mulch. Some of the agencies' 
experience with performance was more than ten years old, however, and 
did not reflect improvements to quality made by manufacturers of paper-
based hydraulic mulch since the agencies last tested the product.
    Other states and Federal agencies permit paper-based hydraulic 
mulch to be used. Limited research conducted for EPA revealed that at 
least the States of California, Illinois, Michigan, Pennsylvania, 
Texas, Virginia, and Washington allow the use of paper-based hydraulic 
mulch. EPA requests information about other state specifications 
allowing the use of paper-based hydraulic mulch.
    Based on the successful usage of paper-based hydraulic mulch by 
these other states and by Federal agencies, EPA believes that usage of 
this product will increase as procuring agencies begin to obtain 
current information about the performance characteristics of paper-
based hydraulic mulch, and begin to use the products currently 
available.
3. Designation
    Today, in Sec. 247.16(a), EPA proposes to designate hydraulic mulch 
products used for landscaping and erosion control in hydroseeding 
applications and as an over-spray for straw mulch. This designation 
includes both paper-based hydraulic mulch and wood-based hydraulic 
mulch containing recovered materials. Potential uses include re-seeding 
and soil stabilization during highway construction; seeding during 
pipeline installation, mine site reclamation, and landfill closure; 
residential, institutional, and commercial landscaping; temporary 
erosion control at construction sites; and seeding of athletic fields 
and golf courses.

B. Yard Trimmings Compost

1. Background
    Composting is a biological process of stabilizing organic matter 
under controlled conditions into a product that is rich in humus and 
provides organic matter and nutrients to the soil. Compost has been 
defined by the Compost Council, the trade association for the 
composting industry, in its ``Composting Glossary,'' as follows:

     Compost is the stabilized and sanitized product of composting; 
compost is largely decomposed material and is in the process of 
humification (curing). Compost has little resemblance in physical 
form to the original material from which it was made. Compost is a 
soil amendment, to improve soils. Compost is not a complete 
fertilizer unless amended, although composts contain fertilizer 
properties, e.g., nitrogen, phosphorus, and potassium, that must be 
included in calculations for fertilizer application.

    Composting serves as an alternative method of managing those 
organics that would otherwise be landfilled. Although up to 60 percent 
of municipal solid waste is potentially compostable (including food and 
paper), yard trimmings are the least controversial feedstock for 
compost. Yard trimmings composting returns yard trimmings and leaves to 
the soil. When grass clippings are included with leaves and other yard 
trimmings, the resulting compost can serve as a suitable nitrogen 
source with an optimal carbon/nitrogen ratio for most applications.
    The amount of compost produced from mixed municipal solid waste 
produced in the U.S. is currently not high. As of February 1993, there 
were 20 mixed municipal solid waste composting facilities in operation, 
10 pilot programs, and about 60 projects under development. The amount 
of compost being produced from food scraps is even smaller, with much 
of the current production coming from pilot projects. For this reason, 
EPA is not including compost made with mixed municipal solid waste and/
or food scraps in today's proposed item designation.
    High quality compost is fully ``mature,'' which means that the 
composting process is completed. Mature compost is free of pathogens 
and weed seeds. Compost is used as a soil conditioner, soil amendment, 
lawn top dressing, potting soil mixture, rooting medium, and mulch for 
shrubs and trees, and for improvement of golf and other sports turf. It 
can also be used in erosion control and soil reclamation. Compost can 
be used in agriculture, horticulture, silviculture (growing of trees), 
and in landscaping. Compost can also be used in land reclamation and 
revegetation of roadsides after road construction. As a result, compost 
should have wide applicability to procuring agencies for landscaping, 
gardening, seeding, and other applications.
    An important consideration for the compost purchaser is the 
availability of sufficient quantities of high quality compost and 
certainty that it is of sufficiently high quality for its intended use. 
Because of the high volume of yard trimmings currently discarded each 
year, there is no shortage of raw materials that would preclude 
composting facilities from supplying large volumes of yard trimmings 
compost. A significant portion of the yard trimmings is being 
composted, and the percentage is increasing. Only 651 yard trimmings 
composting facilities were operating in 1988. This increased to more 
than 2,200 yard trimmings composting facilities at the end of 1991, 
continuing to increase to nearly 3,000 facilities at the end of 1992. 
Thus, the quantity of compost available from local sources is expected 
to increase in the near future.
2. Rationale for Designation
    EPA believes that yard trimmings compost satisfies the statutory 
criteria for selecting items for designation.
    a. Use of materials in solid waste. As discussed above in section 
II.A, yard debris (leaves, lawn clippings, bush and tree trimmings) 
comprise 18 percent of the municipal waste stream. These materials can 
be composted and used as soil amendments, rather than landfilled or 
incinerated. Thus, the use of compost can significantly reduce the 
amount of yard trimmings, grass clippings, and leaves disposed in 
landfills.
    b. Technically proven uses. Adding compost to soils can improve 
their suitability for plant growth. The organic matter in compost is 
particularly beneficial in poor soils. Adding compost to clay soils 
reduces soil density and compaction, increases aeration, and increases 
soil porosity and drainage. These changes lessen the danger of root rot 
disease. Compost added to sandy soils binds soil particles to increase 
water and nutrient retention, as well as resistance to drought and 
erosion.
    The Composting Council is helping to define and develop industry-
wide standards for composts made from various combinations of these 
materials. The standards will include a Standard Operating Guide for 
composting facilities, which is currently available in draft form from 
The Composting Council, as well as standards for suitability of 
different types of composts for different markets, depending on the 
content of the compost.
    Other advantages of compost, in addition to organic materials and 
nutrients being returned to the soil are the following:

     The soil tilth and soil structure are improved.
     Soil temperature is moderated, so that plant roots are 
warmed in winter and, through water retention, are cooled in dry, hot 
conditions.
     Increased organic content increases soil microbial 
activity, which fosters plant growth.
     Compost creates a favorable environment for earthworms 
that aerate soil and allow water to reach plant roots.
     Mature composts suppress some plant diseases, such as wilt 
and root rot, which reduces the need for chemical pesticides and 
fungicides.
     All compost nutrients, such as nitrogen, are in organic 
form and, therefore, are released slowly over time. The use of compost 
can reduce the need for fertilizer by 30 percent.
     Because less fertilizer and fewer pesticides are needed, 
non-point source run-off can be reduced.
    (i) Disease control. Research conducted at Ohio State University 
and verified in Florida, Pennsylvania, Alabama, and elsewhere, shows 
that compost can replace part and, in some cases, all of the fumigants 
and fungicides used on food crops or landscape projects on Federal 
lands. When compost of bark and other materials is used in potting 
mixes, this will prevent rotting of seedlings and roots caused by 
certain organisms. Also, compost has been shown to be important in 
controlling wilt disease in certain flowers commonly grown for indoor 
use. Specifically, compost prevents fusarium wilt disease on cyclamens, 
which is important because there are no fungicides available which can 
do so. Other projects have demonstrated that the use of compost can 
control disease and result in reduced use of fertilizers, which can 
leach into surface waters.
    (ii) Benefits for soil reclamation. Compost can be used in soil 
reclamation projects. The fine organic composition increases the soil's 
water-holding capacity. Compost also increases water infiltration into 
the soil. The formation of compost-soil aggregates reduces soil 
compaction, increases soil friability and, therefore, decreases the 
erodability of soil. The nutrient and organic carbon content of compost 
serve as a food source for soil microbes, thus increasing the 
availability of the soil's organic and nutrient content to plants and 
aiding faster recycling of nutrients within the system. Finally, there 
are water-stable aggregates that are formed from the microbial by-
products that prevent the formation of surface crusts on soil, which 
can inhibit seedling growth.
    c. Impact of government procurement. Military installations alone 
have about 20 million acres of land. The potential compost usage (at 40 
cubic yards per acre) for even part of this acreage would be immense. 
In addition, the Forest Service and Park Service maintain 500,000 miles 
of roadsides and embankments. Therefore, the Federal market for compost 
made with yard trimmings, leaf compost, and/or grass clippings could be 
substantial.
3. Designation
    Today, in Sec. 247.16(b), EPA proposes to designate compost made 
from yard trimmings, leaves, and/or grass clippings for use in 
landscaping, seeding of grass or other plants on roadsides and 
embankments, as a nutritious mulch under trees and shrubs, and in 
erosion control and soil reclamation.

XIV. Non-Paper Office Products

A. Office Recycling Containers and Office Waste Receptacles

1. Background
    Office recycling containers and office waste receptacles are 
similar in their manufacture and basic materials content. The most 
common types of these containers are made from paper, plastic, or 
steel. They include all indoor receptacles used for the collection and 
transport of waste and/or recyclable materials, such as deskside 
containers, centralized containers, and other containers for collecting 
and transporting waste and/or recyclables. Desk tray style recycling 
containers are covered under section XIV.B, which discusses plastic 
desktop accessories.
    a. Paper containers. GSA has fiberboard office recycling containers 
available through its Special Order Program. Recycling containers made 
from fiberboard or other papers are covered under the paperboard 
section of EPA's procurement guideline for paper and paper products (40 
CFR part 250).
    Currently, EPA has information on fiberboard recycling containers 
only. However, since office recycling containers and office waste 
receptacles are similar in their manufacture and basic materials 
content, this information is also applicable to office waste 
receptacles made from recovered paper.
    b. Plastic containers. Plastic office recycling containers and 
office waste receptacles are made primarily from HDPE or LDPE, but EPA 
is aware of at least one vendor that manufactures the product using 
commingled plastic resins.
    c. Steel containers. EPA does not have specific data on office 
recycling containers or office waste receptacles made from recovered 
steel. However, all steel products are universally made with at least 
some recovered steel. EPA requests information on the levels of 
recovered materials contained in steel containers and receptacles.
2. Rationale for Designation
    EPA believes that office recycling containers and office waste 
receptacles satisfy the statutory criteria for selecting items for 
designation.
    a. Use of materials in solid waste. As discussed in Section II.A, 
plastics and paper are significant components of the solid waste 
stream. Steel is also a significant component of the solid waste 
stream. It is recovered in significant quantities and used in the 
manufacture of most new steel products.
     b. Technically proven uses. EPA is aware of at least four 
manufacturers that produce office recycling containers and office waste 
receptacles using recovered plastic. In addition, containers are 
available through GSA's Federal Supply Schedule 72 VII B, ``Recycling 
Collection Containers and Specialty Waste Receptacles.'' Also, GSA has 
fiberboard recycling containers available through its Special Order 
Program. EPA is aware that there are manufacturers that produce office 
recycling containers and office waste receptacles made from steel and 
is interested in obtaining information on these items.
    According to the information available to EPA, there are no 
national or Federal specifications that preclude the use of recovered 
materials in the manufacture of office recycling containers and office 
waste receptacles. In lieu of referencing national or Federal 
specifications, procuring agencies usually incorporate recovered 
materials content requirements into their solicitation or contract 
documents when purchasing these products.
     c. Impact of government procurement. Government agencies purchase, 
or use appropriated Federal funds to purchase, office recycling 
containers and office waste receptacles. EPA does not have specific 
data on the number of office recycling containers and office waste 
receptacles procured by government agencies, although EPA expects that 
the quantities are significant. Thus, the Agency believes that these 
items are procured in sufficient quantities to support the designation 
of these items.
3. Designation
    Today, in Sec. 247.17(a), EPA proposes to designate office 
recycling containers and office waste receptacles made from plastic, 
paper, and steel, as items that are or can be made with recovered 
materials. This designation includes all indoor receptacles used for 
the collection and transport of waste and/or recyclable materials, such 
as deskside containers, centralized containers, and other containers 
for collecting and transporting waste and/or recyclables, and other 
items as determined by the procuring agency. This designation does not 
preclude a procuring agency from purchasing containers or receptacles 
manufactured using other materials, such as wood. It simply requires 
that a procuring agency, when purchasing office recycling containers or 
office waste receptacles manufactured from plastic, paper, or steel, 
purchase such containers made with recovered materials.

B. Plastic Desktop Accessories

1. Background
     Plastic desktop accessories include desk organizers, desk sorters, 
desk trays, letter trays, memo pad holders, note pad holders, and 
pencil holders. They are typically made from polystyrene and are 
manufactured by injection-molding. These items are grouped together due 
to their similarity in manufacture and composition.
     Currently, EPA has information on plastic desktop accessories made 
from postconsumer recovered polystyrene only. EPA requests information 
on desktop accessories made from other recovered materials and the 
recovered materials content levels of those products.
2. Rationale for Designation
     EPA believes that plastic desktop accessories satisfy the 
statutory criteria for selecting items for designation.
     a. Use of materials in solid waste. As discussed in Section II.A, 
plastics are a significant component of the solid waste stream.
     b. Technically proven uses. EPA is aware of at least three 
manufacturers that produce plastic desktop accessories with 
postconsumer recovered materials content. In addition, several office 
products distributors carry these accessories as part of their product 
lines. GSA also makes these products available through its Federal 
Supply Schedule.
     According to the information available to EPA, there are no 
national or Federal specifications that preclude the use of recovered 
materials in the manufacture of plastic desktop accessories. In lieu of 
referencing national or Federal specifications, procuring agencies 
usually incorporate recovered materials content requirements into their 
solicitation or contract documents when purchasing these products.
     c. Impact of government procurement. Government agencies purchase, 
or use appropriated Federal funds to purchase, plastic desktop 
accessories. EPA does not have specific data on the number of plastic 
desktop accessories procured by government agencies. However, EPA 
believes that these items are procured in sufficient quantities to 
support the designation of these items.
3. Designation
     Today, in Sec. 247.17(b), EPA proposes to designate plastic 
desktop accessories as items that are or can be made with recovered 
materials. This designation includes desk organizers, desk sorters, 
desk trays, letter trays, memo pad holders, note pad holders, and 
pencil holders, and other items as determined by the procuring agency. 
This designation does not preclude a procuring agency from purchasing 
desktop accessories manufactured from another material, such as wood. 
It simply requires that a procuring agency, when purchasing plastic 
desktop accessories, purchase these accessories made with recovered 
materials. EPA encourages agencies purchasing desktop accessories made 
with other materials to seek these items containing recovered materials 
as well.

C. Remanufactured Toner Cartridges

1. Background
     For purposes of today's rule, remanufactured toner cartridges are 
defined as toner cartridges used in laser printers, photocopiers, 
facsimile machines, or microphotographic printers that have been 
remanufactured in accordance with the procedures set forth in GSA's 
Standard Procedure FCG-STD-111.
     Section 630 of the Treasury, Postal Service, and General 
Government Appropriations Act, 1993 (Pub. L. 102-123), amended 42 
U.S.C. 6962 by adding a new section requiring Federal agencies to 
purchase recycled toner cartridges (42 U.S.C. 6962j). Section 401 of 
the Treasury, Postal Service and General Government Appropriations Act, 
1994 (Pub. L. 103-123), amended and replaced 42 U.S.C. 6962j. Federal 
agencies are no longer ``required'' to purchase recycled toner 
cartridges, but they are ``authorized to give preference to'' 
remanufactured toner cartridges.
     It is clear that remanufacturing toner cartridges diverts a 
significant number of expended toner cartridges from the solid waste 
stream and that they are readily available in the marketplace. 
Therefore, today EPA is proposing to designate remanufactured toner 
cartridges for purchase by procuring agencies.
2. Rationale for Designation
     EPA believes that remanufactured toner cartridges satisfy the 
statutory criteria for selecting items for designation.
     a. Use of materials in solid waste. Although EPA does not have 
specific data on the actual number of expended toner cartridges 
requiring disposal each year, the Agency is convinced that a 
significant number of expended toner cartridges are diverted from the 
solid waste stream by toner cartridge remanufacturing efforts.
     b. Technically proven uses. Remanufactured toner cartridges are 
commonly used by government agencies and private businesses. Toner 
cartridge remanufacturing services are available and increasing in 
usage as well. Over the past few years, the number of vendors that 
offer toner cartridge remanufacturing services has increased 
substantially. As of January 1994, GSA maintained a New Item 
Introductory Schedule for remanufactured toner cartridges. In addition, 
GSA has two vendors that provide remanufactured toner cartridges to its 
supply program.
     The performance of a remanufactured toner cartridge can vary based 
on the condition of the cartridge and the process used to remanufacture 
it. Currently, there is no Federal testing program for remanufactured 
toner cartridges. However, GSA has set forth procedures by which 
remanufacturers providing remanufactured toner cartridges to its supply 
program are to disassemble, clean, refill, and reassemble expended 
cartridges. Several states, including Wisconsin, Connecticut, and 
Mississippi, also have performance requirements in their specifications 
for remanufactured toner cartridges.
     c. Impact of Government procurement. Government agencies purchase, 
or use appropriated Federal funds to purchase, toner cartridges. EPA 
does not have specific data on the number of toner cartridges procured 
by government agencies, although EPA anticipates that the quantities 
are substantial. Thus, the Agency believes that these items are 
procured in sufficient quantities to support the designation of these 
items.
3. Designation
     Today, in Sec. 247.17(c), EPA proposes to designate toner 
cartridges as items that are or can be made with recovered materials. 
This designation includes both remanufactured toner cartridges and 
toner cartridge remanufacturing services.

D. Binders

1. Background
     According to the information available to EPA, there are three 
types of binders: chipboard, vinyl or plastic-covered chipboard or 
paperboard, and cloth-covered chipboard or paperboard. The paperboard 
or chipboard component of all three binder types is made from high 
percentages of postconsumer recovered cardboard or paper. Many binders, 
such as the three-ring binders, also contain steel components which, as 
explained previously in this section, are universally made from 
recovered steel.
     EPA is interested in obtaining information on other types of 
binders made with recovered materials and the levels of recovered 
materials contained in these binders.
     a. Chipboard binders. Chipboard binders are manufactured with high 
percentages of postconsumer recovered cardboard or paper. Chipboard 
binders are covered under the paperboard section of EPA's guideline for 
paper and paper products (40 CFR part 250).
     b. Plastic-covered binders. In plastic-covered binders, the 
paperboard or chipboard is usually covered with vinyl or plastic, such 
as polyethylene, and may have another clear plastic coating over the 
vinyl or plastic. The chipboard or paperboard component of a plastic-
covered binder is covered under the paperboard section of EPA's 
guideline for paper and paper products (40 CFR part 250).
     c. Cloth-covered binders. The chipboard or paperboard component of 
a cloth-covered binder is made with high percentages of postconsumer 
recovered cardboard or paper. Chipboard and paperboard are covered 
under the paperboard section of EPA's guideline for paper and paper 
products (40 CFR part 250). EPA is not aware of any manufacturers of 
cloth-covered binders that use recovered materials when producing the 
cloth cover and requests comment on the validity of this information.
2. Rationale for Designation
     EPA believes that binders satisfy the statutory criteria for 
selecting items for designation.
     a. Use of materials in solid waste. As discussed in Section II.A, 
plastics and paper are significant components of the solid waste 
stream.
     b. Technically proven uses. EPA is aware of at least three 
manufacturers that produce plastic-covered binders with recovered 
plastic content in the covering, and two manufacturers that produce 
chipboard binders with recovered paper content. At least one of the 
manufacturers of plastic-covered binders with recovered plastic content 
sells its binders through GSA's New Item Introductory Schedule. As 
previously discussed, the paperboard or chipboard component of the 
binders for which EPA has information is made from high percentages of 
postconsumer recovered cardboard or paper. Several states have also 
issued solicitations for plastic-covered and chipboard binders 
containing recovered materials.
    According to the information available to EPA, there are no 
national or Federal specifications that preclude the use of recovered 
paper in the manufacture of chipboard binders. GSA's specification for 
binders, A-A-2549A, ``Binder, Loose-Leaf (Ring),'' covers four types of 
binders, including cloth bound, flexible cover; cloth bound, stiff 
cover; plastic bound, flexible cover; and plastic bound, stiff cover. 
In the specification, GSA requires its binders to contain ``a minimum 
of 100% waste paper, including a minimum of 30% postconsumer recovered 
materials.'' Based on EPA's information, there are no requirements in 
this specification that preclude the use of recovered materials in the 
plastic covering of plastic-covered binders. However, one manufacturer 
stated that one test method cited in the specification, the Cold Crack 
test, may prohibit the use of recovered plastic in the covering for 
plastic-covered binders. EPA requests information on the ability of 
vendors to meet this specification.
    c. Impact of government procurement. Government agencies purchase, 
or use appropriated Federal funds to purchase, binders. EPA does not 
have specific data on the number of binders procured by government 
agencies, although EPA anticipates that the quantities are significant. 
Thus, EPA believes that these items are procured in sufficient 
quantities to support the designation of these items.
3. Designation
    Today, in Sec. 247.17(d), EPA proposes to designate binders as 
items that are or can be made with recovered materials. This 
designation includes plastic-covered binders with recovered plastic 
content and chipboard binders with postconsumer recovered paper 
content. This designation does not preclude a procuring agency from 
purchasing a binder covered with or manufactured using another 
material, such as cloth. It simply requires that a procuring agency, 
when purchasing plastic-covered or chipboard binders, purchase these 
binders made with recovered materials.

E. Plastic Trash Bags

1. Introduction
    Plastic trash bags, also called trash can liners, are widely 
available with recovered materials content. They come in a wide variety 
of colors, ranging from clear to black; sizes, ranging from 11 gallon 
to 55 gallon; and thicknesses, ranging from 0.5 mil to 1.7 mil. 
According to the information available to EPA, HDPE, LDPE, and LLDPE 
are the recovered materials most commonly used to manufacture these 
items. The actual amount of recovered materials contained in a bag is 
affected by the color, size, and thickness of the bag.
    Currently, EPA has information on trash bags made from postconsumer 
recovered plastic only. EPA is interested in obtaining information on 
trash bags made from other recovered materials and the recovered 
materials content levels of those products.
2. Rationale for Designation
    EPA believes that plastic trash bags satisfy the statutory criteria 
for selecting items for designation.
    a. Use of materials in solid waste. As discussed in Section II.A, 
plastics are a significant component of the solid waste stream.
    b. Technically proven uses. EPA is aware of at least five 
manufacturers that produce trash bags with recovered materials content. 
In addition, trash bags with recovered materials content are available 
from the GSA ``Supply Catalog.'' Also, the National Association of 
State Purchasing Officials' Recycled Product Database, which provides 
detailed information on state purchases of products containing 
recovered materials, lists 88 different contracts for plastic liners 
with recovered materials content.
    GSA's Commercial Item Description (CID) for general purpose plastic 
bags, A-A-2299B, covers plastic trash bags. This CID is based on 
performance requirements. According to the information available to 
EPA, CID A-A-2299B does not preclude the use of recovered materials in 
the manufacture of plastic trash bags. In addition, several states, 
including Michigan, Nebraska, Minnesota, Delaware, and Wisconsin, have 
their own specifications for plastic trash bags containing recovered 
materials.
    c. Impact of government procurement. Government agencies purchase, 
or use appropriated Federal funds to purchase, trash bags. EPA does not 
have specific data on the number of trash bags procured by government 
agencies, although EPA anticipates that the quantities are significant. 
Thus, the Agency believes that these items are procured in sufficient 
quantities to support the designation of these items. As previously 
discussed, the National Association of State Purchasing Officials' 
Recycled Product Database lists 88 different contracts for plastic 
liners with recovered materials content.
3. Designation
    Today, in Sec. 247.17(e), EPA proposes to designate plastic trash 
bags as items that are or can be made with recovered materials. This 
designation does not preclude a procuring agency from purchasing a 
trash bag manufactured using another material, such as paper. It simply 
requires that a procuring agency, when purchasing trash bags, purchase 
these items made from recovered materials. EPA encourages agencies 
purchasing trash bags made with other materials to seek these items 
containing recovered materials as well.

XV. Miscellaneous

    In the proposed Part 247, EPA is establishing Sec. 247.18 for item 
designations that do not fall within any other product category. 
However, EPA is not currently proposing to designate any items in this 
category.

XVI. Other Items Considered for Designation

    As explained above in section II.E, in selecting the list of items 
to designate today, EPA began with a broad list of items known to 
contain recovered materials. EPA developed three smaller lists from 
this broad list: items to designate today, items potentially to 
designate depending on receipt of further information, and items that 
are not candidates for designation. This section addresses the second 
and third list.
    As also discussed in section II.E, EPA plans to establish a process 
for the public to provide us with information about use of recovered 
materials to manufacture products. This process will enable us to 
obtain current information about designated items, the items discussed 
in this section, and any other products that are or can be made with 
recovered materials. EPA will issue a separate Federal Register notice 
regarding this process.
    EPA believes that the following items are potential candidates for 
designation, but the Agency currently has insufficient information 
about them. For many of these items, EPA has information pertinent to 
only one or two of the item selection criteria. The available 
information has been placed in the RCRA docket. EPA requests that 
product manufacturers, vendors, government agencies, and others, 
provide information pertinent to all of the selection criteria, the 
types and percentage(s) of recovered materials used in the items, and 
applicable specifications or specifications provisions that present a 
barrier to use of recovered materials in the items. Refer to Section 
II.D of this preamble for the selection criteria.
    Vehicular Products--grease containing re-refined oil, truck bed 
mats containing recovered rubber or plastic, and mud flaps containing 
recovered rubber.
    Construction Products--plastic lumber products, shower dividers 
containing recovered HDPE, carpet runners, curbing/parking stops 
containing recovered plastic, snow fence containing recovered plastic, 
stoneware and other floor tile, acoustical panels other than fiberboard 
panels, particleboard, hardboard, medium density fiberboard, downspout 
splashblocks, wall coverings, and asphalt patching and paving materials 
made from recovered asphalt roofing materials.
    Landscaping Products--garden and soaker hoses, and lawn and garden 
edging containing recovered plastic.
    Non-paper Office Products--Tyvek envelopes, reinked printer 
ribbons, audio/video cassette tape cases, and rulers and other 
accessories containing recovered materials.
    Miscellaneous Products--dock bumpers, latex paint, mattresses/
mattress pads/pillows, and absorbents containing recovered paper and 
other recovered materials.
    In addition, EPA considered the following items for designation 
but, based on the available information, has determined that it would 
be inappropriate to designate them at this time. Included is a brief 
description of the basis for this determination. EPA requests 
additional information about these products that would demonstrate that 
they are candidates for designation as procurement items under RCRA 
section 6002.
    Glass Fiber--Glass fiber is a component of a product rather than a 
product itself. The existing building insulation products procurement 
guideline applies to two items containing glass fiber: fiberglass 
insulation and glass fiber-reinforced plastic rigid foam.
    Pallet Stretch Wrap--According to the information available to EPA, 
this item is recyclable but is not currently available containing 
recovered materials.
    Sheet Glass--According to the information available to EPA, this 
item currently is not commonly available containing recovered 
materials.
    Strapping--According to the information available to EPA, there is 
only one source for strapping containing recovered materials.

XVII. Availability

    Once the item designations in today's proposed CPG are finalized, 
EPA will develop lists of manufacturers or vendors of these items. 
These lists will be updated periodically as new sources are identified 
and product information changes. Procuring agencies should contact the 
manufacturers directly to discuss their specific needs and to obtain 
detailed information on the availability and price of recycled products 
meeting those needs. To assist procuring agencies, the lists will be 
made available at no charge by calling EPA's RCRA Hotline at (800) 424-
9346, or, in the Washington, DC area, at (703) 412-9810. They also will 
be available for review in the RIC. For additional details about the 
location and schedule of the RIC, see the Addresses section at the 
beginning of this preamble.
    The General Services Administration (GSA) also publishes 
``Environmental Products Guide,'' which lists items available through 
its Federal Supply Service. This Guide is updated periodically as new 
items become available. Copies of the GSA ``Environmental Products 
Guide'' can be obtained by contacting GSA's Centralized Mailing List 
Service in Fort Worth, Texas at (817) 334-5215.
    In addition to the information provided by EPA and GSA, there are 
other publicly-available sources of information about products 
containing recovered materials. For example, the ``Official Recycled 
Products Guide'' (RPG) was established in March 1989 to provide a broad 
range of information on recycled products. Listings include product, 
company name, address, contact, telephone, fax, type of company 
(manufacturer or distributor), and minimum recycled content. Price 
information is not included. The RPG is available on a subscription 
basis from American Recycling Market, Inc., (800) 267-0707. Private 
corporations that have researched recycled product availability may 
also be willing to make this information publicly available. For 
instance, as part of their McRecycle USA program, the 
McDonald's Corporation established a Registry Service for manufacturers 
and suppliers of recycled products. The Corporation has compiled a 
database of registrants and makes this information available upon 
request. More information on the McRecycle USA Registry 
Service is available by calling (800) 220-3809.
    State and local recycling programs are also a potential source of 
information on local distributors and availability. In addition, state 
and local government purchasing officials that are contracting for 
recycled products may have relative price information. A list of state 
purchasing/procurement officials has been placed in the RCRA public 
docket and will be updated periodically. Also included in the public 
docket is a list of States with recycled products purchasing programs, 
current as of April 1994.
    Information is also available from trade associations whose members 
manufacture or distribute products containing recovered materials. A 
list of trade associations with members that manufacture or distribute 
recycled products is included in the RCRA public docket for this 
notice.

XVIII. Economic Impact Analysis

A. Requirements of Executive Order 12866

    Executive Order 12866 requires agencies to determine whether a 
regulatory action is ``significant.'' The Order defines a 
``significant'' regulatory action as one that is likely to result in a 
rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect, in a material way, the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of 
recipients; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    The cost of the proposed rule is below the $100 million threshold. 
However, EPA believes that the rule may raise policy issues and, 
therefore, is considering it a significant regulatory action. To enable 
the Agency to evaluate the potential impact of today's action, EPA has 
conducted an Economic Impact Analysis (EIA), discussed below. For more 
information on the EIA, see the technical background document for the 
CPG in the docket for today's proposed rule.

B. Summary of Benefits

    As stated in Section II.B, ``Benefits of Recycling,'' there are 
many benefits to this rule. In particular, this rule will result in 
more efficient use of natural resources by encouraging recycling and 
preventing waste. By purchasing products containing recovered materials 
pursuant to the guidelines established under RCRA and Executive Order 
12873, the Federal government will be increasing the amount of 
recovered materials used in making these designated products, thus 
increasing markets for recovered materials.
    These guidelines may further stimulate the purchase of recycled 
products nationwide, since many State and local governments, as well as 
members of the private sector, use these guidelines as a framework for 
their purchases. Because of the increased Federal and State demand for 
products made from recovered materials, EPA anticipates that this rule 
will stimulate recycling businesses and local government recycling 
programs. Finally, the increase in recovery of post-consumer materials 
will result in a conservation of municipal landfill and incineration 
capacity since less material will be going to these disposal 
facilities.

C. Summary of Costs

    EPA estimates that the annualized costs of today's proposed rule 
will range from $1.6 to $4 million, with costs being spread across 
procuring agencies (i.e., Federal agencies, State and local agencies 
that use appropriated Federal funds to procure designated items, and 
contractors to both). EPA estimates that the annualized cost for each 
product designated in the CPG will average approximately $430 for each 
Federal agency ($600 for each Federal agency that writes product 
specifications), $140 for each State, $50 for each local government 
entity, and approximately $20 per contractor.
    Table 5 below presents the estimated annualized costs to procuring 
agencies for today's proposed rule. The table presents costs annualized 
over 10 years at a three percent discount rate. Because there is 
considerable uncertainty regarding several of the parameters that drive 
the costs, EPA conducted a sensitivity analysis to identify the range 
of potential costs of this rule. Thus, high-end and low-end estimates 
are presented along with the best estimate. The primary parameters 
affecting the range of cost estimates are the number of products each 
procuring agency is assumed to procure each year and the number of 
contractors that will be affected by this rule. EPA is requesting 
comment on both these variables and any other assumptions in the 
analysis. Details on specific assumptions are presented in the 
technical background document.

          Table 5.--Summary of Annualized Costs of Proposed CPG         
------------------------------------------------------------------------
                                                                  Best  
                                                      Best      estimate
                                         Total      estimate    average 
          Procuring agency             annualized     total      annual 
                                         costs     annualized  costs per
                                        ($1000)       costs     item per
                                                    ($1000)      entity 
------------------------------------------------------------------------
Federal Agencies....................     $340-170        $340       $430
States..............................       160-80         160        140
Local Governments...................  2,700-1,300       2,110         50
Contractors.........................       800-20         240         20
                                     -----------------------------------
    Total...........................  4,000-1,600       2,900           
------------------------------------------------------------------------

D. Impacted Entities

    RCRA section 6002 applies to procuring agencies that use at least a 
portion of Federal funds to procure over $10,000 worth of a designated 
product in a given year. EPA estimates that this would apply to 35 
Federal agencies, all 56 States and territories and 1900 local 
governments. EPA based the assumptions on the number of local entities 
that would be impacted on information regarding the amount of Federal 
funds that are dispersed to specific counties. A description of this 
information is provided in the technical background document for this 
proposed rule. In addition, EPA assumed that between 100 and 1,000 
contractors may be affected. EPA requests comments on these 
assumptions.

E. CPG Requirements

    Cost incurred by procuring agencies are divided into five 
subsections relating to the affirmative procurement program 
requirements of RCRA section 6002(i). The subsections are initial 
review; affirmative procurement program modification; specification 
review; estimation, certification, and verification; and recordkeeping 
and reporting. A summary of each requirement is presented below. Costs 
were developed assuming a 10-year time frame, a social discount rate of 
three percent and an average loaded hourly wage of approximately $32 
per hour (the equivalent of a mid-level Federal Grade Series--GS-12).
1. Initial Review
    EPA estimates that costs to procuring agencies to complete their 
initial review in the first year would be $1.2 million. These costs 
include the costs incurred by a procuring agency to review today's 
proposed rule and determine the actions needed to implement the rule. 
EPA estimates that Federal, State, and local governments will require 
approximately 18 hours to complete this initial review activity. This 
cost will be incurred in the first year only.
2. Affirmative Procurement Modification
    EPA estimates that the costs to procuring agencies to modify their 
affirmative procurement programs to incorporate the requirements of 
today's proposed rule would be $1.4 million and would occur in the 
first year. These activities can include developing or modifying agency 
policies and procedures; revising staff, contracts, and grants manuals; 
and including requirements in assistance agreements and standard 
solicitation documents. EPA estimates that procuring agencies will 
require approximately two hours per item designated in the CPG to 
accomplish these activities.
3. Specification Review
    EPA estimates that the costs to procuring agencies to review their 
specifications to incorporate the requirements of today's proposed rule 
would be $240,000. These costs include the costs incurred by Federal 
procuring agencies to review and revise their specifications for 
designated items to incorporate recovered materials content standards, 
as required in RCRA section 6002(d)(2). Specification review can 
include reviewing specifications to identify provisions requiring 
revision, conducting necessary research to support specification 
revisions, and revising the specifications. Of the 35 Federal agencies 
that could be significantly impacted by today's proposed rule, EPA 
estimates that 11 agencies will revise their specifications to 
incorporate recovered materials content requirements.
    For most product categories, EPA estimates the potential time for a 
Federal specification-writing agency to review and revise its product 
specifications would average 40 hours per product in the first year. 
However, for construction products, the potential cost could be more 
significant because of the complexity of the specifications for these 
products. Therefore, EPA has estimated that the time required to review 
and revise specifications for construction products would be twice that 
required for the other product categories (i.e., an average of 80 
hours). Table 6 below presents the potential costs to Federal agencies 
for reviewing and revising specifications. EPA requests comment on its 
estimate of the number of hours allocated for each category of items.
    The statute does not require State and local governments and 
contractors to review and revise their specifications for designated 
items. However, State and local governments will have to consider the 
inclusion of requirements for procuring designated items in 
solicitation documents and other contract vehicles. EPA anticipates 
that these costs would be the incremental cost of incorporating these 
additional requirements into existing documents where procurement of 
designated items is a concern. EPA believes that these costs would be 
minimal.
    Contractors will be affected by the incorporation of recovered 
materials requirements in government solicitations and contract 
documents. All potential contractors will spend additional resources 
reading the additional procurement language in these documents. 
Potential contractors must seek out information about products that 
contain recovered materials and must verify that they conform with the 
content standards required in the solicitation. They also must ensure 
that the use of recovered materials is compatible with other aspects of 
their proposal. Thus, the incorporation of these additional 
requirements in solicitation and contract documents will increase the 
potential contractor's cost of preparing a bid. All bidders, including 
unsuccessful bidders, will bear these additional information collection 
costs, which may be passed on to the government in the form of higher 
bid prices. EPA requests comment on the additional time necessary for 
contractors to construct bids involving products containing the 
proposed recovered materials content requirements. The Agency also 
requests comment on the number of contracts and contractors that will 
be affected by this proposal and asks for additional information in 
order to estimate more accurately the costs that may be borne by 
contractors as a result of today's proposal.

                         Table 6.--Potential Federal Costs for Specification Revisions                          
----------------------------------------------------------------------------------------------------------------
                                                                                   Specification                
                                                                   Total No. of     review and       Costs per  
                  Product category                       No. of      agencies      revision time      product   
                                                         items      potentially    per item (in    category (In 
                                                                     affected         hours)          $1000)    
----------------------------------------------------------------------------------------------------------------
Vehicular Products...................................          1               2              40              $3
Construction Products................................          8              10              80             207
Transportation Products..............................          2               1              40               3
Park and Recreation Products.........................          2               4              40              10
Landscaping Products.................................          2               5              40              13
Non-Paper Office Products............................          6               1              40              8 
----------------------------------------------------------------------------------------------------------------
Since today's proposed rule does not address paper and paper products, there will be no costs incurred in this  
  category.                                                                                                     

4. Estimation, Certification and Verification
    EPA estimates that the costs to procuring agencies to perform the 
estimation, certification, and verification requirements resulting from 
today's proposed rule are $1.4 million. These costs include costs 
incurred by establishing procedures for estimating, certifying, and, 
where appropriate, verifying the amount of recovered materials utilized 
in the performance of a contract. EPA estimates that procuring agencies 
will require approximately two hours per item per year to accomplish 
these activities.
5. Annual Review and Preference Program Modification
    EPA estimates that the annual costs to procuring agencies to 
annually review and modify their preference programs are $750,000. 
These costs include costs incurred by procuring agencies to annually 
review and modify their preference programs to ensure that when they 
purchase designated items, they purchase them containing the highest 
percentage of recovered materials practicable. EPA anticipates that as 
procuring agencies determine, through their market research, that 
products are available with higher percentages of recovered materials, 
that they will adjust their preference programs, including their 
minimum content standards, accordingly, and that this process will 
occur on a continual, rather than annual basis. Where this is the case, 
procuring agencies then modify their preference programs to incorporate 
the new recovered materials content levels. To accomplish this task, 
EPA estimates that procuring agencies will require approximately one 
hour per product per year.
6. Recordkeeping and Reporting
    EPA estimates that the annual costs to procuring agencies for 
additional recordkeeping and reporting requirements resulting from 
today's proposed rule are $240,000. These costs include costs incurred 
by procuring agencies to ensure their compliance with RCRA section 6002 
and Executive Order 12873. Based on the Office of Federal Procurement 
Policy's current reporting format, EPA anticipates that Federal 
agencies would expend approximately 10 hours per item to complete this 
activity. Other procuring agencies are not subject to this requirement.

F. Product Cost

    Another potential cost of today's proposed action is the possible 
price differential between an item made with recovered materials and 
equivalent item manufactured using virgin materials. As discussed in 
section II.D.6, relative prices of recycled products compared to prices 
of comparable virgin products vary. In many cases, recycled products 
may be less expensive than their virgin counterparts. In other cases, 
virgin products may have lower prices than recycled products. However, 
other factors can also affect the price of virgin products. For 
example, temporary fluctuations in the overall economy can create 
oversupplies of virgin products, leading to a decrease in prices for 
these items. Under RCRA section 6002(c), procuring agencies are not 
required to purchase a product containing recovered materials if it is 
only available at an unreasonable price. However, the decision to pay 
more or less for such a product is left to the procuring agency which 
may or may not incur additional costs due to price differentials. EPA 
requests comment on the potential impact of today's proposed rule on 
the costs to procuring agencies to purchase designated items containing 
recovered materials versus those same items made with virgin materials.

G. Regulatory Flexibility Analysis

    The primary purpose of the Regulatory Flexibility Analysis is to 
identify if there is an adverse impact to small businesses that are 
directly regulated by the rule and to examine regulatory alternatives 
that fall within the scope of the statutory requirements that would 
reduce impacts to small businesses, small organizations, or small 
governmental jurisdictions subject to the regulation. The RCRA 
procurement requirements apply to procuring agencies that procure more 
than $10,000 of a designated product. No exemption is included in the 
statute for small businesses. Therefore, EPA has decided that 
alternative regulatory approaches for small businesses are not 
appropriate for this rule.
    With regard to possible impacts to small businesses, there may be 
both positive and negative impacts to individual businesses. EPA 
anticipates that this rule will provide additional opportunities for 
small recycling businesses to begin supplying recovered materials to 
manufacturers and products made from recovered materials to procuring 
agencies. In addition, other small businesses that do not directly 
contract with procuring agencies may be affected positively by the 
increased demand for recovered materials. These include small 
businesses involved in materials recovery programs and materials 
recycling. Municipalities that run recycling programs are also expected 
to benefit from the increased demand for certain recovered materials.
    EPA is unable to determine the number of small businesses that may 
be adversely impacted by this proposed rule. It is possible that if a 
small business that currently supplies products to a procuring agency 
uses virgin materials only, today's proposed CPG may reduce its ability 
to compete for future contracts. However, the proposed CPG will not 
affect existing purchase orders, nor will it preclude businesses from 
adapting their product lines to meet new specification or solicitation 
requirements for products containing recovered materials. Thus, many 
small businesses that market to procuring agencies have the option to 
adapt their product lines to meet specifications.

XIX. Supporting Information

Materials in Solid Waste

``Post-Consumer Plastics Recycling Rates: 1991 and 1992,; American 
Plastics Council, 1993.
``Construction Waste & Demolition Debris Recycling . . . A Primer,'' 
Solid Waste Association of North America.
``Integrating Wood into the Recycling Loop,'' Lisa Gitlin, Recycling 
Today, June 1991.

Multi-Material

``Summary Report: Development of Preliminary Products List for the 
Comprehensive Procurement Guideline,'' prepared for EPA by Science 
Applications International Corporation, Inc., March 1994.
``Recycled Products Research for the Comprehensive Procurement 
Guideline,'' prepared for EPA by Science Applications International 
Corporation, Inc., March 1994.

Engine Coolants

``Automotive and Heavy-Duty Engine Coolant Recycling by Filtration,'' 
prepared for EPA's Risk Reduction Engineering Laboratory by Battelle 
Columbus, October 1991.

Construction Products--General

``Feasibility of Federal Procurement Guidelines for Construction 
Products Containing Recovered Materials,'' Draft Report, prepared for 
EPA by E.H. Pechan & Associates, Inc., May 1990.

Fiberglass Insulation

``Research on Use of Postconsumer Cullet in the Manufacture of 
Fiberglass Insulation,'' prepared for EPA by E.H. Pechan & Associates, 
Inc., August 1993.
Letter to Dana Arnold, U.S. EPA, from George R. Phelps, Director of 
Government and Industry Affairs, North American Insulation 
Manufacturers Association, December 20, 1993.

Structural Fiberboard/Laminated Paperboard

``Draft Report on Fiberboard,'' prepared for EPA by Science 
Applications International Corporation, Inc., September 19, 1991.
``Background Information Summary for Guideline for Procurement of 
Fiberboard Containing Recovered Materials,'' Draft Report, prepared for 
EPA by Science Applications International Corporation, Inc., December 
6, 1991.
Minutes of Ex Parte Meeting Between EPA and Representatives of 
Fiberboard Manufacturers, November 14, 1988.

Plastic Pipe and Fittings

``Federal Procurement Guideline Feasibility Study for Plastic Pipe,'' 
Draft Report, prepared for EPA by Science Applications International 
Corporation, Inc., May 1993.
``Research on the Suitability of Recycled High Density Polyethylene 
(HDPE) Resins for Drain Pipe Applications,'' University of Toledo 
Polymer Institute, July 1, 1993.

Geotextiles and Related Products

``Procurement Guideline for Geosynthetic Materials: Draft Final 
Feasibility Study,'' Draft Report, prepared for EPA by Science 
Applications International Corporation, Inc., June 18, 1991.

Cement and Concrete

Letter to Dana Arnold, U.S. EPA, from E. David Doane, Director, Federal 
Relations, Koch Industries, Inc., January 25, 1994.

Temporary Traffic Control Devices

``Research on Traffic Cones,'' prepared by EPA Region 5, undated.
``Research on Traffic Barriers,'' prepared by EPA Region 5, undated.
``List of GSA Contractors,'' FAX to Paul Ruesch, U.S. EPA from Al 
Garza, U.S. General Services Administration, February 1, 1994.
``Standard Specifications for Construction of Roads and Bridges on 
Federal Highway Projects,'' FP-85, Section 635, Federal Highway 
Administration, U.S. Department of Transportation.
``Manual on Uniform Traffic Control Devices,'' Sections 6C-8, 6C-9, and 
6C-10, U.S. Department of Transportation, 1988.
``Military Specification, MIL-M-17321F, Markers, Traffic,'' U.S. Army, 
September 30, 1985.
Product information, Utility Plastic Recycling Inc., January 31, 1994.
Product information, WLI Industries, Inc.
Product information, The Roadmarket Company.
Product information, The Plastic Lumber Co., Inc.
Product information, Don Zwiers & Associates
Product information, Fender Enterprises.
Product information, Scientific Developments, Inc.
Excerpt from ``Detailed Product Listings,'' Indiana Energy Policy.

Hydraulic Mulch

``Hydraulic Mulch Feasibility Study,'' prepared for EPA by Science 
Applications International Corporation, Inc., June 1992.
``Paper Fiber Hydraulic Mulch Use and Performance,'' prepared for EPA 
by Science Applications International Corporation, Inc., September 
1991.

Compost

``A New Sense of Quality Comes to Compost,'' by Gene Logsden, Biocycle, 
December 1989, pp. 48-50.
``Where Will All the Compost Go?,'' Richard Kashmanian et al, Biocycle, 
October 1990.
``Using Compost for Plant Disease Control,'' Gene Logsden, Biocycle, 
October 1993.
``Plant Protection Through Compost,'' Gene Logsden, Biocycle, January 
1990.
``The Value of Composted Organic Matter in Building Soil Fertility,'' 
Robert Steffen, Compost Science and Land Utilization, September/October 
1979, pp. 34-37.
``Industrial Compost is a Microbial Banquet,'' Editorial, Environmental 
Technology World, October 1993.
``Abandoned Mines Pose High Costs,'' Mineral Policy Center, 
Environmental Technology Work, October 1993, p. 30.
``Municipal Solid Waste Composting: Markets for Your Compost,'' Peter 
Mezitt, Northeast Recycling Conference, Workshop 2, November 1993.
``Composting: What You Should Know,'' brochure of the Solid Waste 
Association of North America (SWANA), Silver Spring, Maryland 1992.
``Restaurant Industry Considers Composting,'' in Recycling Coordinator, 
October 1993, p. 4.
``Summary of Markets for Compost,'' U.S. EPA, EPA/530-SW-90-073B, 
November 1993.
``Yard Debris Compost for Erosion Control,'' Bill Stewart and Lauren 
Ettlin, Biocycle, December 1993, pp. 46-47.
``Use of Composts in Revegetating Acid Lands,'' C.A. Brandt and P.L. 
Hendrickson, Battelle Memorial Institute, September 1991.
``Look Who's Composting,'' Ron Alexander and Rod Tyler, Lawn and 
Landscape Maintenance, exclusive market report, November 1992, pp. 23-
33.
``Compost For Agricultural Land?,'' C. Tietjen and S.A. Hart, Journal 
of Sanitary Engineering Division, A.S.C.E., April 1969, pp. 269-287.
``Cadmium Lead, Zinc, Copper and Nickel in Agricultural Soils of the 
United States of America,'' by Rufus L. Chaney, et al., Journal of 
Environmental Quality, 22:335-348, 1993.
``Bioavailability of Arsenic and Lead in Soils from the Butte, Montana, 
Mining District,'' by A. Davis, et al, Environmental Science and 
Technology, 26(3):461-468, 1992.
``A Manual for Composting Sewage Sludge by the Beltsville Aerated--Pile 
Method,'' by J.J. Willson et al, U.S. EPA--600/8-80-022, 1980.
``National Gardening Survey,'' B.W. Butterfield, National Gardening 
Association, Inc., Burlington, Vermont, 1988.
``Zinc Phytotoxicity,'' Rufus L. Chaney, Proceedings of the 
International Symposium on Zinc in Soils and Plants, Sept. 27-28, 1993.
``The Flip Side of Compost: What's in It, Where to Use It and Why,'' R. 
Kashmanian and J.M. Keyser, The Environmental Gardener, Brookly Botomic 
Garden, Inc., 1992, pp. 15-21.
``Environmental Impact of Composting Yard Trimmings,'' Michael A. Cole, 
Indiana Yard Waste Solutions Conference, January 27, 1993.

List of Subjects

40 CFR Part 247

    Carpet, Cement industry, Engine coolant, Floor tiles, Geotextiles, 
Government procurement, Insulation, Landscaping industry, Office 
products, Paper and paper products industry, Park and recreations, 
Patio blocks, Petroleum, Pipe, Recycling, Tires, Traffic control 
devices.

40 CFR Parts 248, 249, 250, 252, and 253

    Cement industry, Government procurement, Insulation, Paper and 
paper products industry, Petroleum, Recycling.

    Dated: April 13, 1994.
Carol M. Browner,
Administrator.
    For the reasons set out in the preamble, under the authority at 42 
U.S.C. 6912 and 6962 and EO 12873, subchapter I of title 40 of the Code 
of Federal Regulations is proposed to be amended as set forth below.

PARTS 248, 249, 250, 252, and 253 [REMOVED]

    1. Parts 248, 249, 250, 252 and 253 are removed.
    2. Part 247 is revised to read as follows.

PART 247--COMPREHENSIVE PROCUREMENT GUIDELINE FOR PRODUCTS 
CONTAINING RECOVERED MATERIALS

Subpart A--General

Sec.
247.1  Purpose and scope.
247.2  Applicability.
247.3  Definitions.
247.4  Affirmative procurement programs.

Subpart B--Item Designations

247.10  General.
247.11  Paper and paper products.
247.12  Vehicular products.
247.13  Construction products.
247.14  Transportation products.
247.15  Park and recreation products.
247.16  Landscaping products.
247.17  Non-Paper office products.
247.18  Miscellaneous products. [reserved]

    Authority: 42 U.S.C. 6912(a) and 6962; E.O. 12873, 58 FR 54911.

Subpart A--General


Sec. 247.1  Purpose and scope.

    (a) The purpose of this guideline is to assist procuring agencies 
in complying with the requirements of section 6002 of the Solid Waste 
Disposal Act, as amended by the Resource Conservation and Recovery Act 
of 1976 (RCRA), as amended, 42 U.S.C. 6962, and Executive Order 12873, 
as they apply to the procurement of the items designated in subpart B 
of this part.
    (b) This guideline sets forth the requirements of RCRA section 
6002, the U.S. Environmental Protection Agency's (EPA) designation of 
items that are or can be made with recovered materials, and 
definitions. EPA's recommendations for procuring the designated items 
are found in the companion Recovered Materials Advisory Notice(s).
    (c) EPA believes that adherence to the recommendations in the 
Recovered Materials Advisory Notice(s) constitutes compliance with RCRA 
section 6002. However, procuring agencies may adopt other types of 
procurement programs consistent with RCRA section 6002.


Sec. 247.2  Applicability.

    (a)(1) This guideline applies to all procuring agencies and to all 
procurement actions involving items designated by EPA in this part, 
where the procuring agency purchases $10,000 or more worth of one of 
these items during the course of a fiscal year, or where the cost of 
such items or of functionally equivalent items purchased during the 
preceding fiscal year was $10,000 or more.
    (2) This guideline applies to Federal agencies, to State and local 
agencies using appropriated Federal funds to procure designated items, 
and to persons contracting with any such agencies with respect to work 
performed under such contracts. Federal procuring agencies should note 
that the requirements of RCRA section 6002 apply to them whether or not 
appropriated Federal funds are used for procurement of designated 
items.
    (3) The $10,000 threshold applies to procuring agencies as a whole 
rather than to agency subgroups such as regional offices or subagencies 
of a larger department or agency.
    (b) The term ``procurement actions'' includes:
    (1) Purchases made directly by a procuring agency and purchases 
made directly by any person (e.g., a contractor) in support of work 
being performed for a procuring agency, and
    (2) Any purchases of designated items made ``indirectly'' by a 
procuring agency, as in the case of procurements resulting from grants, 
loans, funds, and similar forms of disbursements of monies.
    (c)(1) This guideline does not apply to purchases of designated 
items which are unrelated to or incidental to Federal funding, i.e., 
not the direct result of a contract or agreement with, or a grant, 
loan, or funds disbursement to, a procuring agency.
    (2) This guideline also does not apply to purchases made by private 
party recipients (e.g., individuals, non-profit organizations) of 
Federal funds other than contracts (i.e., grants, loans, cooperative 
agreements, and other funds disbursements).


Sec. 247.3  Definitions.

    As used in this Comprehensive Procurement Guideline and the related 
Recovered Materials Advisory Notice(s):
    Act or RCRA means the Solid Waste Disposal Act, as amended by the 
Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901 et 
seq;
    Blanket insulation means relatively flat and flexible insulation in 
coherent sheet form, furnished in units of substantial area. Batt 
insulation is included in this term;
    Bleached papers means paper made of pulp that has been treated with 
bleaching agents;
    Board insulation means semi-rigid insulation preformed into 
rectangular units having a degree of suppleness, particularly related 
to their geometrical dimensions;
    Bond paper means a generic category of paper used in a variety of 
end use applications such as forms (see form bond), offset printing, 
copy paper, stationery, etc. In the paper industry, the term was 
originally very specific but is now very general;
    Book paper means a generic category of papers produced in a variety 
of forms, weights, and finishes for use in books and other graphic arts 
applications, and related grades such as tablet, envelope, and 
converting papers;
    Brown papers means papers usually made from unbleached kraft pulp 
and used for bags, sacks, wrapping paper, and so forth;
    Building insulation means a material, primarily designed to resist 
heat flow, which is installed between the conditioned volume of a 
building and adjacent unconditioned volumes or the outside. This term 
includes but is not limited to insulation products such as blanket, 
board, spray-in-place, and loose-fill that are used as ceiling, floor, 
foundation, and wall insulation;
    Ceiling insulation means a material, primarily designed to resist 
heat flow, which is installed between the conditioned area of a 
building and an unconditioned attic as well as common ceiling floor 
assemblies between separately conditioned units in multi-unit 
structures. Where the conditioned area of a building extends to the 
roof, ceiling insulation includes such a material used between the 
underside and upperside of the roof;
    Cellular polyisocyanurate insulation means insulation produced 
principally by the polymerization of polymeric polyisocyanantes, 
usually in the presence of polyhydroxl compounds with the addition of 
catalysts, cell stabilizers, and blowing agents;
    Cellular polystyrene insulation means an organic foam composed 
principally of polymerized styrene resin processed to form a homogenous 
rigid mass of cells;
    Cellular polyurethane insulation means insulation composed 
principally of the catalyzed reaction product of polyisocyanurates and 
polyhydroxl compounds, processed usually with a blowing agent to form a 
rigid foam having a predominantly closed cell structure;
    Cellulose fiber loose-fill means a basic material of recycled wood-
based cellulosic fiber made from selected paper, paperboard stock, or 
ground wood stock, excluding contaminated materials which may 
reasonably be expected to be retained in the finished product, with 
suitable chemicals introduced to provide properties such as flame 
resistance, processing and handling characteristics. The basic 
cellulosic material may be processed into a form suitable for 
installation by pneumatic or pouring methods;
    Coarse papers means papers used for industrial purposes, as 
distinguished from those used for cultural or sanitary purposes;
    Commercial Item Descriptions means a series of simplified item 
descriptions under the Federal specifications-and-standards program 
used in the acquisition of commercial off-the-shelf and commercial type 
products;
    Computer paper means a type of paper used in manifold business 
forms produced in rolls and/or fan folded. It is used with computers 
and word processors to print out data, information, letters, 
advertising, etc. It is commonly called computer printout;
    Conditioned means heated and/or mechanically cooled;
    Corrugated boxes means boxes made of corrugated paperboard, which, 
in turn, is made from a fluted corrugating medium pasted to two flat 
sheets of paperboard (linerboard); multiple layers may be used;
    Cotton fiber content papers means paper that contains a minimum of 
25 percent and up to 100 percent cellulose fibers derived from lint 
cotton, cotton linters, and cotton or linen cloth cuttings. It is also 
known as rag content paper or rag paper. It is used for stationery, 
currency, ledgers, wedding invitations, maps, and other specialty 
papers;
    Cover stock or cover paper means a heavyweight paper commonly used 
for covers, books, brochures, pamphlets, and the like;
    Doilies means paper place mats used on food service trays in 
hospitals and other institutions;
    Duplicator paper means writing papers used for masters or copy 
sheets in the aniline ink or hectograph process of reproduction 
(commonly called spirit machines);
    Engine lubricating oils means petroleum-based oils used for 
reducing friction in engine parts;
    Envelopes means brown, manila, padded, or other mailing envelopes 
not included with stationery;
    Facial tissue means a class of soft absorbent papers in the 
sanitary tissue group;
    Federal agency means any department, agency, or other 
instrumentality of the Federal government; any independent agency or 
establishment of the Federal government including any government 
corporation; and the Government Printing Office;
    Fiber or fiberboard boxes means boxes made from containerboard, 
either solid fiber or corrugated paperboard (general term); or boxes 
made from solid paperboard of the same material throughout (specific 
term);
    Fiberglass insulation means insulation which is composed 
principally of glass fibers, with or without binders;
    Fittings refers to a piping component used to join or terminate 
sections of pipe, or to provide changes in direction or branching in a 
pipe system;
    Floor insulation means a material, primarily designed to resist 
heat flow, which is installed between the first level conditioned area 
of a building and an unconditioned basement, a crawl space, or the 
outside beneath it. Where the first level conditioned area of a 
building is on a ground level concrete slab, floor insulation includes 
such as material installed around the perimeter of or on the slab. In 
the case of mobile homes, floor insulation also means skirting to 
enclose the space between the building and the ground;
    Foam-in-place insulation is rigid cellular foam produced by 
catalyzed chemical reactions that hardens at the site of the work. The 
term includes spray-applied and injected applications such as spray-in-
place foam and pour-in-place;
    Folding boxboard means a paperboard suitable for the manufacture of 
folding cartons;
    Form bond means a lightweight commodity paper designed primarily 
for business forms including computer printout and carbonless paper 
forms (see manifold business forms);
    Foundation insulation means a material, primarily designed to 
resist heat flow, which is installed in foundation walls between 
conditioned volumes and unconditioned volumes and the outside or 
surrounding earth, at the perimeters of concrete slab-on-grade 
foundations, and at common foundation wall assemblies between 
conditioned basement volumes;
    Gear oils means petroleum-based oils used for lubricating machinery 
gears;
    Geotextiles means any permeable textile material used with 
foundation, soil, rock, earth, or any other geotechnical engineering 
related material, as an integral part of a manmade project, structure, 
or system;
    Glass fiber reinforced polyisocyanurate/polyurethane foam means 
cellular polyisocyanurate or cellular polyurethane insulation made with 
glass fibers within the foam core;
    Hydraulic fluids means petroleum-based hydraulic fluids;
    Hydraulic mulch means a mulch that is a cellulose-based (paper or 
wood) protective covering that is mixed with water and applied through 
mechanical spraying in order to aid the germination of seeds and to 
prevent soil erosion;
    Hydroseeding means the process of spraying seeds mixed with water 
through a mechanical sprayer (hydroseeder). Hydraulic mulch, 
fertilizer, a tacking agent, or a wetting agent can also be added to 
the water/seed mix for enhanced performance;
    Industrial wipers means paper towels especially made for industrial 
cleaning and wiping;
    Invitation for Bids means the solicitation for prospective 
suppliers by a purchaser requesting their competitive price quotations;
    Laminated paperboard means board made from one or more plies of 
kraft paper bonded together, with or without facers, that is used for 
decorative, structural, or insulating purposes;
    Ledger paper means a type of paper generally used in a broad 
variety of recordkeeping type applications such as in accounting 
machines;
    Loose-fill insulation means insulation in granular, nodular, 
fibrous, powdery, or similar form, designed to be installed by pouring, 
blowing or hand placement;
    Manifold business forms means a type of product manufactured by 
business forms manufacturers that is commonly produced as marginally 
punched continuous forms in small rolls or fan folded sets with or 
without carbon paper interleaving. It has a wide variety of uses such 
as invoices, purchase orders, office memoranda, shipping orders, and 
computer printout;
    Mill broke means any paper waste generated in a paper mill prior to 
completion of the papermaking process. It is usually returned directly 
to the pulping process. Mill broke is excluded from the definition of 
recovered materials;
    Mimeo paper means a grade of writing paper used for making copies 
on stencil duplicating machines;
    Mineral fiber insulation means insulation (rock wool or fiberglass) 
which is composed principally of fibers manufactured from rock, slag or 
glass, with or without binders;
    Newsprint means paper of the type generally used in the publication 
of newspapers or special publications like the Congressional Record. It 
is made primarily from mechanical wood pulps combined with some 
chemical wood pulp;
    Office papers means note pads, loose-leaf fillers, tablets, and 
other papers commonly used in offices, but not defined elsewhere;
    Offset printing paper means an uncoated or coated paper designed 
for offset lithography;
    Paper means one of two broad subdivisions of paper products, the 
other being paperboard. Paper is generally lighter in basis weight, 
thinner, and more flexible than paperboard. Sheets 0.012 inch or less 
in thickness are generally classified as paper. Its primary uses are 
for printing, writing, wrapping, and sanitary purposes. However, in 
this guideline, the term paper is also used as a generic term that 
includes both paper and paperboard. It includes the following types of 
papers: bleached paper, bond paper, book paper, brown paper, coarse 
paper, computer paper, cotton fiber content paper, cover stock or cover 
paper, duplicator paper, form bond, ledger paper, manifold business 
forms, mimeo paper, newsprint, office papers, offset printing paper, 
printing paper, stationery, tabulating paper, unbleached papers, 
writing paper, and xerographic/copy paper;
    Paper napkins means special tissues, white or colored, plain or 
printed, usually folded, and made in a variety of sizes for use during 
meals or with beverages;
    Paper product means any item manufactured from paper or paperboard. 
The term paper product is used in this guideline to distinguish such 
items as boxes, doilies, and paper towels from printing and writing 
papers. It includes the following types of products: corrugated boxes, 
doilies, envelopes, facial tissue, fiberboard boxes, folding boxboard, 
industrial wipers, paper napkins, paper towels, tabulating cards, and 
toilet tissue;
    Paper towels means paper toweling in folded sheets, or in raw form, 
for use in drying or cleaning, or where quick absorption is required;
    Paperboard means one of the two broad subdivisions of paper, the 
other being paper itself. Paperboard is usually heavier in basis weight 
and thicker than paper. Sheets 0.012 inch or more in thickness are 
generally classified as paperboard. The broad classes of paperboard are 
containerboard, which is used for corrugated boxes; boxboard, which is 
principally used to make cartons; and all other paperboard;
    Perlite composite board means insulation board composed of expanded 
perlite and fibers formed into rigid, flat, rectangular units with a 
suitable sizing material incorporated in the product. It may have on 
one or both surfaces a facing or coating to prevent excessive hot 
bitumen strike-in during roofing installation;
    Person means an individual, trust, firm, joint stock company, 
corporation (including a government corporation), partnership, 
association, Federal agency, State, municipality, commission, political 
subdivision of a State, or any interstate body;
    Phenolic insulation means insulation made with phenolic plastics 
which are plastics based on resins made by the condensation of phenols, 
such as phenol or cresol, with aldehydes;
    Plastic pipe and fittings means non-pressure rated uses of plastic 
pipe and fittings made from thermoplastic resins, including polyvinyl 
chloride (PVC) and high density polyethylene (HDPE), for the following 
applications: sewer, drainage, conduit, and drain, waste and vent 
(DWV);
    Plastic rigid foam means cellular polyurethane insulation, cellular 
polyisocyanurate insulation, glass fiber reinforced polyisocyanurate/
polyurethane foam insulation, cellular polystyrene insulation, phenolic 
foam insulation, spray-in-place foam and foam-in-place insulation;
    Postconsumer material means a material or finished product that has 
served its intended use and has been discarded for disposal or 
recovery, having completed its life as a consumer item. Postconsumer 
material is a part of the broader category of recovered materials.
    Postconsumer recovered paper means:
    (1) Paper, paperboard and fibrous wastes from retail stores, office 
buildings, homes and so forth, after they have passed through their 
end-usage as a consumer item including: Used corrugated boxes; old 
newspapers; old magazines; mixed waste paper; tabulating cards and used 
cordage; and
    (2) All paper, paperboard and fibrous wastes that enter and are 
collected from municipal solid waste;
    Practicable means capable of being used consistent with: 
Performance in accordance with applicable specifications, availability 
at a reasonable price, availability within a reasonable period of time, 
and maintenance of a satisfactory level of competition;
    Printing paper means paper designed for printing, other than 
newsprint, such as offset and book paper;
    Procurement item means any device, good, substance, material, 
product, or other item, whether real or personal property, which is the 
subject of any purchase, barter, or other exchange made to procure such 
item;
    Procuring agency means any Federal agency, or any State agency or 
agency of a political subdivision of a State, which is using 
appropriated Federal funds for such procurement, or any person 
contracting with any such agency with respect to work performed under 
such contract;
    Purchasing means the act of and the function of responsibility for 
the acquisition of equipment, materials, supplies, and services, 
including: Buying, determining the need, selecting the supplier, 
arriving at a fair and reasonable price and terms and conditions, 
preparing the contract or purchase order, and follow-up;
    Purchasing activities means all activities included in the 
purchasing function;
    Recovered materials means waste materials and byproducts which have 
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;
    Recovered materials, for purposes of purchasing paper and paper 
products, means waste material and by-products that have been recovered 
or diverted from solid waste, but such term does not include those 
materials and by-products generated from, and commonly reused within, 
an original manufacturing process. In the case of paper and paper 
products, the term recovered materials includes:
    (1) Postconsumer materials such as--
    (i) Paper, paperboard, and fibrous wastes from retail stores, 
office buildings, homes, and so forth, after they have passed through 
their end-usage as a consumer item, including: Used corrugated boxes; 
old newspapers; old magazines; mixed waste paper; tabulating cards; and 
used cordage; and
    (ii) All paper, paperboard, and fibrous wastes that enter and are 
collected from municipal solid waste, and
    (2) Manufacturing, forest residues, and other wastes such as--
    (i) Dry paper and paperboard waste generated after completion of 
the papermaking process (that is, those manufacturing operations up to 
and including the cutting and trimming of the paper machine reel in 
smaller rolls of rough sheets) including: Envelope cuttings, bindery 
trimmings, and other paper and paperboard waste, resulting from 
printing, cutting, forming, and other converting operations; bag, box, 
and carton manufacturing wastes; and butt rolls, mill wrappers, and 
rejected unused stock; and
    (ii) Finished paper and paperboard from obsolete inventories of 
paper and paperboard manufacturers, merchants, wholesalers, dealers, 
printers, converters, or others;
    (iii) Fibrous byproducts of harvesting, manufacturing, extractive, 
or wood-cutting processes, flax, straw, linters, bagasse, slash, and 
other forest residues;
    (iv) Wastes generated by the conversion of goods made from fibrous 
material (that is, waste rope from cordage manufacture, textile mill 
waste, and cuttings); and
    (v) Fibers recovered from waste water which otherwise would enter 
the waste stream.
    Recyclable paper means any paper separated at its point of discard 
or from the solid waste stream for utilization as a raw material in the 
manufacture of a new product. It is often called waste paper or paper 
stock. Not all paper in the waste stream is recyclable; it may be 
heavily contaminated or otherwise unusable;
    Request for Proposal means a request for an offer by one party to 
another of terms and conditions with reference to some work or 
undertaking; the initial overture or preliminary statement for 
consideration by the other party to a proposed agreement;
    Re-refined oils means used oils from which the physical and 
chemical contaminants acquired through previous use have been removed 
through a refining process;
    Retread tire means a worn automobile, truck, or other motor vehicle 
tire whose tread has been replaced;
    Rock wool insulation means insulation which is composed principally 
from fibers manufactured from slag or natural rock, with or without 
binders;
    Specification means a description of the technical requirements for 
a material, product, or service that includes the criteria for 
determining whether these requirements are met. In general, 
specifications are in the form of written commercial designations, 
industry standards, and other descriptive references;
    Spray-in-place insulation means insulation material that is sprayed 
onto a surface or into cavities and includes cellulose fiber spray-on 
as well as plastic rigid foam products;
    Spray-in-place foam is rigid cellular polyurethane or 
polyisocyanurate foam produced by catalyzed chemical reactions that 
hardens at the site of the work. The term includes spray-applied and 
injected applications;
    State means any of the several states, the District of Columbia, 
the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American 
Samoa, and the Commonwealth of the Northern Mariana Islands;
    Stationery means writing paper suitable for pen and ink, pencil, or 
typing. Matching envelopes are included in this definition;
    Structural fiberboard means a fibrous-felted, homogenous panel made 
from lignocellulosic fibers (usually wood, cane, or paper) and having a 
density of less than 31 lbs/ft\3\ but more than 10 lbs/ft\3\. It is 
characterized by an integral bond which is produced by interfelting of 
the fibers, but which has not been consolidated under heat or pressure 
as a separate stage of manufacture;
    Tabulating cards means cards used in automatic tabulating machines;
    Tabulating paper means paper used in tabulating forms for use on 
automatic data processing equipment;
    Tire means the following types of tires: Passenger car tires, 
light- and heavy-duty truck tires, high speed industrial tires, bus 
tires, and special service tires (including military, agricultural, 
off-the-road, and slow speed industrial);
    Toilet tissue means a sanitary tissue paper. The principal 
characteristics are softness, absorbency, cleanliness, and adequate 
strength (considering easy disposability). It is marketed in rolls of 
varying sizes or in interleaved packages;
    Unbleached papers means papers made of pulp that have not been 
treated with bleaching agents;
    Wall insulation means a material, primarily designed to resist heat 
flow, which is installed within or on the walls between conditioned 
areas of a building and unconditioned areas of a building or the 
outside, as well as common wall assemblies between separately 
conditioned units in multiple unit structures;
    Waste paper means any of the following materials:
    (1) Postconsumer materials such as:
    (i) Paper, paperboard, and fibrous wastes from retail stores, 
office buildings, homes, and so forth, after they have passed through 
their end-usage as a consumer item, including: Used corrugated boxes; 
old newspapers; old magazines; mixed waste paper; tabulating cards; and 
used cordage; and
    (ii) All paper, paperboard, and fibrous wastes that enter and are 
collected from municipal solid waste, and
    (2) Manufacturing wastes, forest residues, and other wastes such 
as--
    (i) Dry paper and paperboard waste generated after completion of 
the papermaking process (that is, those manufacturing operations up to 
and including the cutting and trimming of the paper machine reel in 
smaller rolls of rough sheets) including: Envelope cuttings, bindery 
trimmings, and other paper and paperboard waste, resulting from 
printing, cutting, forming, and other converting operations; bag, box, 
and carton manufacturing wastes; and butt rolls, mill wrappers, and 
rejected unused stock; and
    (ii) Finished paper and paperboard from obsolete inventories of 
paper and paperboard manufacturers, merchants, wholesalers, dealers, 
printers, converters, or others;
    Writing paper means a paper suitable for pen and ink, pencil, 
typewriter or printing; and
    Xerographic/copy paper means any grade of paper suitable for 
copying by the xerographic process (a dry method of reproduction).


Sec. 247.4  Affirmative procurement programs.

     (a) RCRA section 6002(d) required Federal agencies that have the 
responsibility for drafting or reviewing specifications for procurement 
items procured by Federal agencies to revise their specifications by 
May 8, 1986, to eliminate any exclusion of recovered materials and any 
requirement that items be manufactured from virgin materials.
    (b) RCRA section 6002(d) further requires that within one year 
after the effective date of each item designation by the EPA, each 
procuring agency must assure that its specifications for these items 
require the use of recovered materials to the maximum extent possible 
without jeopardizing the intended end use of these items.
    (c) RCRA section 6002(i) provides that each procuring agency which 
purchases items designated by EPA must establish an affirmative 
procurement program, containing the four elements listed below, for 
procuring such items containing recovered materials to the maximum 
extent practicable:
    (1) Preference program for purchasing the designated items;
    (2) Promotion program;
    (3) Procedures for obtaining estimates and certifications of 
recovered materials content and for verifying the estimates and 
certifications; and
    (4) Annual review and monitoring of the effectiveness of the 
program.
    (d)(1) For the items previously designated by EPA, procuring 
agencies were required to establish affirmative procurement programs by 
the following dates: Paper, 6/22/89; lubricating oil, 6/30/89; retread 
tires, 11/17/89; and building insulation products, 2/17/90.
    (2) For each additional item designated by EPA, procuring agencies 
must establish affirmative procurement programs within one year after 
EPA promulgates the item designation as a final rule.

Subpart B--Item Designations


Sec. 247.10  General.

    EPA designates the items listed in this subpart as items which are 
or can be produced with recovered materials and whose procurement by 
procuring agencies will carry out the objectives of RCRA section 6002.


Sec. 247.11  Paper and paper products.

    Paper and paper products, excluding building and construction paper 
grades.


Sec. 247.12  Vehicular products.

    (a) Lubricating oils containing re-refined oil, including engine 
lubricating oils, hydraulic fluids, and gear oils, excluding marine and 
aviation oils.
    (b) Tires, excluding airplane tires.
    (c) Reclaimed engine coolants.


Sec. 247.13  Construction products.

    (a) Building insulation products, including the following items:
    (1) Loose-fill insulation, including but not limited to cellulose 
fiber, mineral fibers (fiberglass and rock wool), vermiculite, and 
perlite;
    (2) Blanket and batt insulation, including but not limited to 
mineral fibers (fiberglass and rock wool);
    (3) Board (sheathing, roof decking, wall panel) insulation, 
including but not limited to structural fiberboard and laminated 
paperboard products, perlite composite board, polyurethane, 
polyisocyanurate, polystyrene, phenolics, and composites; and
    (4) Spray-in-place insulation, including but not limited to foam-
in-place polyurethane and polyisocyanurate, and spray-on cellulose.
    (b) Structural fiberboard and laminated paperboard products for 
applications other than building insulation, including the following: 
Building board, sheathing, shingle backer, sound deadening board, roof 
insulating board, insulating wallboard, acoustical and non-acoustical 
ceiling tile, acoustical and non-acoustical lay-in panels, floor 
underlayments, and roof overlay (coverboard).
    (c) Plastic pipe and fittings made from thermoplastic resins, 
including PVC and HDPE, for the following non-pressure applications: 
sewer, drainage, conduit, and drain, waste and vent (DWV).
    (d) Geotextiles for use in road building, drainage, erosion 
control, and soil stabilization, and for use in the gas collection 
layer and the protection layer between the drainage stone and the 
geomembrane liner in waste containment systems.
    (e) Cement and concrete, including concrete products such as pipe 
and block, containing coal fly ash or ground granulated blast furnace 
(GGBF) slag.
    (f) Carpet made of polyester fiber for use in low- and medium-wear 
applications.
    (g) Floor tiles and patio blocks containing recovered rubber or 
plastic.


Sec. 247.14  Transportation products.

    Traffic barricades and traffic cones used in controlling or 
restricting vehicular traffic.


Sec. 247.15  Park and recreation products.

    Playground surfaces and running tracks containing recovered rubber 
or plastic.


Sec. 247.16  Landscaping products.

    (a) Hydraulic mulch products containing recovered paper or 
recovered wood used for landscaping and erosion control hydroseeding 
applications and as an over-spray for straw mulch.
    (b) Compost made from yard trimmings, leaves, and/or grass 
clippings for use in landscaping, seeding of grass or other plants on 
roadsides and embankments, as a nutritious mulch under trees and 
shrubs, and in erosion control and soil reclamation.


Sec. 247.17  Non-paper office products.

    (a) Office recycling containers and office waste receptacles 
containing recovered plastic, paper, or steel.
    (b) Plastic desktop accessories.
    (c) Remanufactured toner cartridges.
    (d) Binders.
    (e) Plastic trash bags.


Sec. 247.18  Miscellaneous products. [Reserved]

[FR Doc. 94-9420 Filed 4-19-94; 8:45 am]
BILLING CODE 6560-50-P