[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
_______________________________________________________________________
40 CFR Part 247, et al.
_______________________________________________________________________
Comprehensive Guideline for Procurement of Products Containing
Recovered Materials and Issuance of a Draft Recovered Materials
Advisory Notice; Proposed Rule and Notice
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.
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\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.
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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