[Federal Register Volume 63, Number 165 (Wednesday, August 26, 1998)]
[Proposed Rules]
[Pages 45558-45578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22793]



[[Page 45557]]

_______________________________________________________________________

Part II





Environmental Protection Agency





_______________________________________________________________________



40 CFR Part 247



Comprehensive Guideline for Procurement of Products Containing 
Recovered Materials; Proposed Rule

  Federal Register / Vol. 63, No. 165 / Wednesday, August 26, 1998 / 
Proposed Rules  

[[Page 45558]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 247

[SWH-FRL-6151-8]
RIN 2050-AE23


Comprehensive Guideline for Procurement of Products Containing 
Recovered Materials

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA or the Agency) today 
is proposing an amendment to the May 1, 1995 Comprehensive Procurement 
Guideline (CPG). EPA is proposing to designate the following 19 new 
items that are or can be made with recovered materials: nylon carpet 
with backing containing recovered materials, carpet cushion, flowable 
fill, railroad grade crossing surfaces, park and recreational 
furniture, playground equipment, food waste compost, plastic lumber 
landscaping timbers and posts, solid plastic binders, plastic 
clipboards, plastic file folders, plastic clip portfolios, plastic 
presentation folders, absorbents and adsorbents, awards and plaques, 
industrial drums, mats, signage, and manual-grade strapping.
    The CPG implements section 6002 of the Resource Conservation and 
Recovery Act (RCRA), which requires EPA to designate items that are or 
can be made with recovered materials and to recommend practices for the 
procurement of designated items by procuring agencies. Once EPA 
designates an item, RCRA requires any procuring agency using 
appropriated Federal funds to procure that item to purchase it with the 
highest percentage of recovered materials practicable. Today's proposed 
action will foster markets for materials recovered from solid waste by 
using government purchasing power to stimulate the use of these 
materials in the manufacture of new products.

DATES: EPA will accept public comments on this proposed rule until 
October 26, 1998.

ADDRESSES: To comment on this proposal, please send an original and two 
copies of comments to: RCRA Information Center (5305W), U.S. 
Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460. Please place the docket number F-98-CP3P-FFFFF on your comments.
    If any information is confidential, it should be identified as 
such. An original and two copies of Confidential Business Information 
(CBI) must be submitted under separate cover to: Document Control 
Officer (5305W), Office of Solid Waste, U.S. Environmental Protection 
Agency, 401 M Street, SW., Washington, DC 20460.
    Documents related to today's proposal are available for viewing at 
the RCRA Information Center (RIC), located at: U.S. Environmental 
Protection Agency, 1235 Jefferson Davis Highway, Ground Floor, Crystal 
Gateway One, Arlington, VA 22202. The RIC is open from 9 a.m. to 4 p.m. 
Monday through Friday, except for Federal holidays. The public must 
make an appointment to review docket materials. Call (703) 603-9230 for 
appointments. Copies cost $.15 per page.

FOR FURTHER INFORMATION CONTACT: For general information contact the 
RCRA Hotline at (800) 424-9346 or TDD (800) 553-7672 (hearing 
impaired). In the Washington, DC metropolitan area, call (703) 412-9810 
or TDD (703) 412-3323. For technical information on individual item 
designations, contact Terry Grist at (703) 308-7257.

SUPPLEMENTARY INFORMATION:

Regulated Entities

    This action may potentially affect those ``procuring agencies''--a 
term defined in RCRA section 1004(17)--that purchase the following: 
nylon carpet, carpet cushion, flowable fill, railroad grade crossing 
surfaces, park and recreational furniture, playground equipment, food 
waste compost, landscaping timbers and posts, binders, clipboards, file 
folders, clip portfolios, presentation folders, absorbents and 
adsorbents, industrial drums, awards and plaques, mats, signage, and 
manual-grade strapping. For purposes of RCRA section 6002, procuring 
agencies include the following: (1) any Federal agency; (2) any State 
or local agencies using appropriated Federal funds for a procurement; 
or (3) any contractors with these agencies (with respect to work 
performed under the contract). The requirements of section 6002 apply 
to such procuring agencies only when procuring designated items where 
the price of the item exceeds $10,000 or the quantity of the item 
purchased in the previous year exceeded $10,000. Potential regulated 
entities for this rule are shown in Table 1.


   Table 1.--Entities Potentially Subject to Section 6002 Requirements  
                       Triggered by CPG Amendments                      
------------------------------------------------------------------------
           Category                  Examples of regulated entities     
------------------------------------------------------------------------
Federal Government...........  Federal departments or agencies that     
                                procure $10,000 or more worth of a      
                                designated item in a given year.        
State Government.............  A State agency that uses appropriated    
                                Federal funds to procure $10,000 or more
                                worth of a designated item in a given   
                                year.                                   
Local Government.............  A local agency that uses appropriated    
                                Federal funds to procure $10,000 or more
                                worth of a designated item in a given   
                                year.                                   
Contractor...................  A contractor working on a project funded 
                                by appropriated Federal funds that      
                                purchases $10,000 or more worth of a    
                                designated item in a given year.        
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
action. This table lists the types of entities of which EPA is now 
aware that could potentially be subject to regulatory requirements 
triggered by this action. To determine whether your procurement 
practices are affected by this action, you should carefully examine the 
applicability criteria in 40 CFR Sec. 247.2. If you have questions 
regarding the applicability of this action to a particular entity, 
consult the individuals listed in the preceding FOR FURTHER INFORMATION 
CONTACT section.

Preamble Outline

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

[[Page 45559]]

    1. Background
    2. Rationale for Designation
    C. Flowable Fill
    1. Background
    2. Rationale for Designation
    D. Railroad Grade Crossing Surfaces
    1. Background
    2. Rationale for Designation
    3. Preference Program
V. Park and Recreation Products
    A. Park and Recreational Furniture
    1. Background
    2. Rationale for Designation
    B. Playground Equipment
    1. Background
    2. Rationale for Designation
VI. Landscaping Products
    A. Plastic Lumber Landscaping Timbers and Posts
    1. Background
    2. Rationale for Designation
    B. Food Waste Compost
    1. Background
    2. Rationale for Designation
VII. Non-Paper Office Products
    A. Plastic Binders, Clipboards, File Folders, Clip Portfolios, 
and Presentation Folders
    1. Background
    2. Rationale for Designation
VIII. Miscellaneous Products
    A. Sorbents
    1. Background
    2. Rationale for Designation
    B. Industrial Drums
    1. Background
    2. Rationale for Designation
    C. Awards and Plaques
    1. Background
    2. Rationale for Designation
    D. Mats
    1. Background
    2. Rationale for Designation
    E. Signage
    1. Background
    2. Rationale for Designation
    F. Strapping and Stretch Wrap
    1. Background
    2. Rationale for Designation
IX. Designated Item Availability
X. Items Dropped from Further Consideration
XI. Regulatory Assessments
    A. Requirements of Executive Order 12866
    1. Summary of Costs
    2. Product Cost
    3. Summary of Benefits
    B. Unfunded Mandates Reform Act of 1995 and Consultation with 
State, Local, and Tribal Governments
    C. Impacted Entities
    D. Regulatory Flexibility Act
    E. Executive Order 13045: Protection of Children from 
Environmental Health Risks and Safety Risks
    F. The National Technology Transfer and Advancement Act
    G.Executive Order 13084
XII. Supporting Information and Accessing Internet

I. Authority

    This guideline is proposed under the authority of sections 2002(a) 
and 6002 of the Solid Waste Disposal Act, as amended by the Resource 
Conservation and Recovery Act of 1976, as amended; 42 U.S.C. 6912(a) 
and 6962; and section 502 of Executive Order 12873, ``Federal 
Acquisition, Recycling, and Waste Prevention'' (58 FR 54911, October 
22, 1993).

II. Background

    Section 6002(e) of RCRA requires EPA to designate items that are or 
can be made with recovered materials and to recommend practices to 
assist procuring agencies in meeting their obligations with respect to 
designated items under RCRA section 6002. After EPA designates an item, 
RCRA requires that each procuring agency, when purchasing a designated 
item, must purchase that item composed of the highest percentage of 
recovered materials practicable.
    Executive Order 12873 (Executive Order) establishes the procedure 
for EPA to follow in implementing RCRA section 6002(e). Section 502 of 
the Executive Order directs EPA to issue a Comprehensive Procurement 
Guideline (CPG) that designates items that are or can be made with 
recovered materials. Concurrent with the CPG, EPA must publish its 
recommended procurement practices for purchasing designated items, 
including recovered materials content levels, in a related Recovered 
Materials Advisory Notice (RMAN). The Executive Order also directs EPA 
to update the CPG annually and to issue RMANs periodically to reflect 
changing market conditions. The first CPG (CPG I) was published on May 
1, 1995 (60 FR 21370). It established 8 product categories, designated 
19 new items, and consolidated 5 earlier item designations. The first 
CPG update (CPG II) was published on November 13, 1997 (62 FR 60962), 
and designated an additional 12 products.
    Today, in CPG III, EPA is proposing to designate the following 19 
additional items:

Construction Products

Nylon carpet with backing containing recovered materials
Carpet cushion
Flowable fill
Railroad grade crossing surfaces

Park and Recreation Products

Park benches and picnic tables
Playground equipment

Landscaping Products

Food waste compost
Plastic lumber landscaping timbers and posts

Non-Paper Office Products

Solid plastic binders
Plastic clipboards
Plastic file folders
Plastic clip portfolios
Plastic presentation folders

Miscellaneous

Absorbents and adsorbents
Industrial drums
Awards and plaques
Mats
Non-road signs, including sign supports and posts
Manual-grade strapping

A. Criteria for Selecting Items for Designation

    While not limiting consideration to these criteria, RCRA section 
6002(e) requires EPA to consider the following when determining which 
items it will designate:
    (1) Availability of the item;
    (2) Potential impact of the procurement of the item by procuring 
agencies on the solid waste stream;
    (3) Economic and technological feasibility of producing the item; 
and
    (4) Other uses for the recovered materials used to produce the 
item.
    EPA consulted with Federal procurement and requirement officials to 
identify other criteria to consider when selecting items for 
designation. Based on these discussions, the Agency concluded that the 
limitations set forth in RCRA section 6002(c) should also be factored 
into its selection decisions. This provision requires each procuring 
agency that procures an item designated by EPA to procure the item 
composed of the highest percentage of recovered materials practicable, 
while maintaining a satisfactory level of competition. A procuring 
agency, however, may decide not to procure an EPA-designated item 
containing recovered materials if it determines: (1) the item is not 
reasonably available within a reasonable period of time, (2) the item 
fails to meet the performance standards set forth in the agency's 
specification, or (3) the item is available only at an unreasonable 
price.
    EPA recognized that the above criteria limit the conditions under 
which procuring agencies must purchase EPA-designated items with 
recovered materials content, and, thereby, could limit the potential 
impact of an individual item designation. (The limitations of RCRA 
section 6002(c) also effectively describe the circumstances in which a 
designated item is ``available'' for purposes of the statute.) For 
these reasons, EPA is also taking into account the limitations cited in 
RCRA section 6002(c) in its selection of items for designation in 
today's proposed CPG III. Thus, the Agency developed the following 
criteria for use in selecting

[[Page 45560]]

items for designation: use of materials found in solid waste, economic 
and technological feasibility and performance, impact of government 
procurement, availability and competition, and other uses for recovered 
materials. These criteria are discussed in detail in Section II of the 
document entitled, ``Background Document for Proposed CPG III and Draft 
RMAN III.'' A copy of this document is included in the RCRA public 
docket for this rule.
    EPA has adopted two approaches in its designation of items that are 
made with recovered materials. For some items, such as paper and paper 
products, the Agency designates broad categories of items and provides 
information in the related RMAN as to their appropriate applications or 
uses. For other items, such as plastic trash bags, EPA designates 
specific items, and, in some instances, includes in the designation the 
specific types of recovered materials or applications to which the 
designation applies. The Agency explained these approaches to 
designating items in the preamble to CPG I (60 FR 21373, May 1, 1995).

    EPA sometimes had information on the availability of a 
particular item made with a specific recovered material (e.g., 
plastic), but no information on the availability of the item made 
from a different recovered material or any indication that it is 
possible to make the item with a different recovered material. In 
these instances, EPA concluded that it was appropriate to include 
the specific material in the item designation in order to provide 
vital information to procuring agencies as they seek to fulfill 
their obligations to purchase designated items composed of the 
highest percentage of recovered materials practicable. This 
information enables the agencies to focus their efforts on products 
that are currently available for purchase, reducing their 
administrative burden. EPA also included information in the proposed 
CPG, as well as in the draft RMAN that accompanied the proposed CPG, 
that advised procuring agencies that EPA is not recommending the 
purchase of an item made from one particular material over a similar 
item made from another material. For example, EPA included the 
following statement in the preamble discussion for plastic desktop 
accessories (59 FR 18879, April 20, 1994): ``This designation does 
not preclude a procuring agency from purchasing desktop accessories 
manufactured from another material, such as wood. It simply requires 
that a procuring agency, when purchasing plastic desktop 
accessories, purchase these accessories made with recovered 
materials * * *''

    The Agency understands that some procuring agencies may erroneously 
believe that the designation of a broad category of items in a CPG 
requires them (1) to procure all items included in such category with 
recovered materials content and (2) to establish an affirmative 
procurement program for the entire category of items, even where 
specific items within the category may not meet current performance 
standards. This is clearly not required under RCRA as implemented 
through the CPGs and RMANs. RCRA section 6002 does not require a 
procuring agency to purchase items with recovered materials content 
that are not available or that do not meet a procuring agency's 
specifications or reasonable performance standards for the contemplated 
use. Further, section 6002 does not require a procuring agency to 
purchase such items if the item with recovered materials content is 
only available at an unreasonable price or the purchase of such item is 
inconsistent with maintaining a reasonable level of competition. 
However, EPA stresses that, when procuring any product for which a 
recovered materials alternative is available that meets the procuring 
agency's performance needs, if all other factors are equal, the 
procuring agency should seek to purchase the product made with the 
highest percentage of recovered materials practicable.
    The items proposed for designation today have all been evaluated 
with respect to the EPA's criteria. Details of these evaluations are 
discussed in Sections V-X of the ``Supporting Analyses'' background 
document. Sections IV-VIII of this preamble provide a summary of EPA's 
rationale for designating these items.

B. Request for Comments

    EPA requests comments and information throughout this preamble. In 
general, the Agency is requesting comments on: (1) the items selected 
for designation and (2) the accuracy of the information presented in 
the discussions of the basis of the item designations. Requests for 
specific comments and information are included in the narrative 
discussions for each of the designated items, which follow in sections 
IV through VIII.
    EPA also is requesting comment on the draft RMAN III published in 
the notice section of today's Federal Register. It recommends recovered 
materials content levels and procurement methods for each of the items 
EPA proposes to designate today.
    Section 503 of E.O. 12873 directs EPA to issue guidance that 
recommends principles that Executive agencies should use in making 
determinations for the preference and purchase of environmentally 
preferable products (EPP). On September 29, 1995, EPA issued guides on 
environmentally preferable product purchasing (see 60 FR 50721-50735) 
and has undertaken a series of case studies on various products to 
identify multi-faceted environmental performance characteristics and 
attributes that should be considered when purchasing products that are 
considered environmentally preferable. The agency is interested in 
identifying environmental attributes considered important when buying 
environmentally preferable sorbent materials (i.e., absorbents and 
adsorbents) and is requesting comments in this regard in today's 
notice.
    Specifically, the Agency is interested in developing an approach 
for presenting information related to the reusability of sorbents and 
the disposal options for sorbents. Information on reusability and 
disposal is relevant to the environmental impact of sorbents and is of 
interest to many purchasers, but the interpretation of information on 
these attributes is often complicated by the specific circumstances of 
the user. The Agency would appreciate ideas on how standard measures or 
descriptors for reusability and disposal could be coupled with 
appropriate qualifiers and other explanatory materials to convey useful 
information to purchasers. Commenters should take note that this 
request is for information pertaining to the Agency's EPP program and 
that information obtained through this request is not in any way 
related to, nor will it be used for the purposes of today's proposed 
designation of sorbents under the CPG. Information obtained by this 
request will be used to help the agency evaluate the appropriateness of 
issuing future guidance on the environmental attributes of sorbents 
under the Agency's program for EPP.

C. Additional Information

    For additional background information, including information on 
RCRA requirements, Executive Order directives, the criteria and 
methodology for selecting the proposed designated items, and a list of 
other items considered for designation, please consult ``Background 
Document for Proposed CPG III and Draft RMAN III.'' Information on 
obtaining this background document is provided in Section XII, 
Supporting Information and Accessing Internet.

III. Definitions

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

[[Page 45561]]

materials component. In these instances, EPA found that both types of 
materials were being used to manufacture a product. Recommending only 
postconsumer content levels would fail to acknowledge the contribution 
to the reduction in solid waste made by the use by one manufacturer of 
another manufacturers' byproducts as feedstock.
    Because the item designations in today's action use the terms 
``postconsumer materials'' and ``recovered materials,'' the definitions 
for these terms are repeated here as a reference for the convenience of 
the reader. These definitions can be found in 40 CFR 247.3. The Agency 
is not proposing to change these definitions and will not consider any 
comments submitted on these terms.

    Postconsumer materials means a material or finished product that 
has served its intended end use and has been diverted or recovered 
from waste destined for disposal, having completed its life as a 
consumer item. Postconsumer material is part of the broader category 
of recovered materials.
    Recovered materials means waste materials and byproducts that 
have been recovered or diverted from solid waste, but such term does 
not include those materials and byproducts generated from, and 
commonly reused within an original manufacturing process.

IV. Construction Products

    A. Nylon Carpet With Backing Containing Recovered Materials
    The information obtained by EPA demonstrates that nylon carpet 
tiles and broadloom carpet made with backing containing recovered 
materials are commercially available. Today, in Sec. 247.12(h), EPA 
proposes to designate nylon carpet (broadloom and tiles) made with 
backing containing recovered materials as an item whose procurement 
will carry out the objectives of section 6002 of RCRA.
    A final designation would not preclude a procuring agency from 
purchasing broadloom carpet or carpet tiles made from other materials, 
such as wool. It simply requires that a procuring agency, when 
purchasing nylon carpet tiles or nylon broadloom carpet, purchase these 
items with backing containing recovered materials when they meet 
applicable specifications and performance requirements. EPA reminds 
procuring agencies, however, that the Agency had previously designated 
polyester carpet for use in low- and medium-wear applications. See 60 
FR 21370, May 1, 1995.
    EPA is not aware of manufacturers of other types of carpet (e.g., 
wool, polyester) using backing containing recovered materials. For this 
reason, EPA is limiting the scope of today's proposed designation to 
nylon carpet. EPA requests information about manufacturers of other 
types of carpet using recycled-content backing.
1. Background
    Carpet backing is a layer of woven or nonwoven material used to 
hold carpet fibers in place and provide structural support. Broadloom 
carpet, meaning roll goods in 12-foot widths, for wall-to-wall 
installation, generally is comprised of face fibers inserted into a 
primary backing, which is usually made of polypropylene materials. The 
fibers are then locked or glued into place by a layer of latex 
adhesive. A secondary backing made of polypropylene or jute fiber then 
is applied to provide stability. Carpet squares or tiles are 
manufactured first as broadloom carpet. A sheet made of polypropylene 
or other material is added for stability, and a secondary backing made 
of polyvinyl chloride (PVC), polyurethane, or other hardback material 
is applied. The carpet is then cut into squares, usually 18''  x  18''. 
The tiles are used in modular flooring systems, such as in office 
settings, and can offer more flexibility than broadloom carpet because 
individual tiles can be replaced when they become worn.
    When EPA proposed to designate carpet in the 1994 CPG I, the Agency 
had identified only one manufacturer using recovered materials to make 
carpet backing, and this company used its own manufacturing scrap. EPA 
stated that it was not considering carpet backing for designation 
because only one manufacturer had been identified. See 59 FR 18873, 
April 20, 1994.
    Since then, a carpet manufacturer has developed a process to use 
material from old carpet to produce new backing for its nylon carpet 
tiles and broadloom carpet. Both the carpet tiles and broadloom carpet 
made with backing containing recovered materials are now commercially 
available and are sold at the same price as conventional nylon carpet 
tiles and nylon broadloom carpet.
2. Rationale for Designation
    EPA believes that nylon carpet tiles and broadloom carpet made with 
backing containing recovered materials meet the statutory criteria for 
selecting items for designation.
    a. Use of materials in solid waste. Carpets and rugs account for 
2.2 million tons, or 1.1% of municipal solid waste generated annually. 
About 2 pounds of recovered materials can be used in the backing for 
each carpet tile. Thus, for each 1,000 square yards of carpet tiles 
with recovered-content backing purchased, approximately 2,000 pounds of 
materials are diverted from the waste stream.
    b. Technically proven uses. One manufacturer has developed the 
technology to use recovered carpet to manufacture new PVC carpet 
backing, and at least two other manufacturers are experimenting with 
using recovered materials in vinyl backing. According to the 
manufacturer, recovered-content PVC carpet backing performs as well as 
virgin backing and meets the company's performance specifications. The 
manufacturer provides a 15-year warranty with the product and plans to 
use the recovered-content backing as its standard tile backing.
    Nylon broadloom carpet and carpet tiles made with recovered-content 
backing are available nationally. This item also is available to 
Federal agencies through the U.S. General Services Administration's 
(GSA) contract GS-00F-8453-A .
    Recovered materials can be used only in PVC backing at this time. 
Manufacturers of polypropylene primary and secondary backings have 
found it to be technologically and economically infeasible to 
manufacture carpet backing with recycled polypropylene at this time. 
EPA requests current information from manufacturers of polypropylene 
backings on the technological feasibility of using recovered materials 
in their backings.
    c. Impact of government procurement. Although EPA was not able to 
obtain any quantitative information, virtually all government agencies 
purchase broadloom carpet and/or carpet tiles. Use of broadloom carpet 
and carpet tiles made with recovered content backing will create a 
market for this item and demonstrate its performance.
3. Preference Program
    EPA recognizes that the choice of carpet fiber--wool, nylon, 
polyester--depends on the performance needs for a given application. 
EPA is not requiring procuring agencies to limit their choices to 
polyester carpet containing recovered materials or to nylon carpet made 
with backing containing recovered materials. Rather, the effect of the 
previous designation of polyester carpet and today's proposed 
designation of nylon carpet with backing containing recovered materials 
is to require procuring agencies to determine their performance needs, 
determine whether carpet products containing recovered materials meet 
those needs, and to purchase carpet products containing recovered 
materials to the maximum extent practicable, as required by RCRA 
section 6002.

[[Page 45562]]

B. Carpet Cushion

    The information obtained by EPA demonstrates that bonded 
polyurethane foam carpet cushion, carpet cushion made from jute and 
synthetic fibers, and rubber carpet cushion containing recovered 
materials are commercially available. Today, in Sec. 247.12(I), EPA 
proposes to designate carpet cushion made from bonded polyurethane, 
jute, synthetic fibers, or rubber containing recovered materials as an 
item whose procurement will carry out the objectives of section 6002 of 
RCRA.
    A final designation would not preclude a procuring agency from 
purchasing carpet cushion made from other types of materials, such as 
prime polyurethane foam. It simply requires that a procuring agency, 
when purchasing bonded polyurethane, jute, synthetic fiber, or rubber 
carpet cushion, purchase this item containing recovered materials when 
it meets applicable specifications and performance requirements.
1. Background
    Carpet cushion, also known as carpet underlay, is padding placed 
beneath carpet. Carpet cushion improves the acoustical and thermal 
insulation properties of carpet, reduces the impact caused by foot 
traffic or furniture indentation, enhances comfort, and prolongs 
appearance. It is available in a variety of thicknesses and is used in 
both residential and commercial settings. Cushions made from bonded 
polyurethane, jute, synthetic fiber, and rubber can be made with 
recovered materials.
    When EPA proposed to designate carpet in the 1994 CPG I, the Agency 
was aware of only one manufacturer using recovered materials to make 
carpet cushion. EPA stated that it was not considering carpet cushion 
for designation because only one manufacturer had been identified. See 
59 FR 18873, April 20, 1994. EPA has now identified at least 12 
manufacturers of carpet cushion containing recovered materials.
2. Rationale for Designation
    EPA believes that carpet cushion containing recovered materials 
meets the statutory criteria for selecting items for designation.
    a. Use of materials in solid waste. About 70 percent of all bonded 
polyurethane is made from recovered materials, including postconsumer 
recovered carpet cushion. Jute carpet cushion can be made from 
postconsumer burlap. Synthetic fiber cushions are made from 100 percent 
recovered scrap from the carpet fabrication process or purchased from 
processors. Rubber carpet cushions contain up to 90 percent 
postconsumer rubber from old tires. Thus, procurement of carpet cushion 
containing recovered materials can create markets for postconsumer 
carpet cushion, burlap, and tire rubber, as well as carpet 
manufacturing scrap.
    b. Technically proven uses. At least 12 companies manufacture 
carpet cushion from recovered materials. According to the 
manufacturers, their products perform as well as carpet cushions made 
with virgin materials in terms of cushioning and durability and meet 
standards set by the Carpet and Rug Institute and the Carpet Cushion 
Council. These standards include requirements for density, thickness, 
tensile strength, and elongation.
    The manufacturers distribute their products nationwide through 
distributors. Additionally, GSA offers urethane, jute, synthetic fiber, 
and rubber carpet cushions through its carpet schedule.
    c. Impact of government procurement. Although not all government 
agencies use carpet cushion, GSA informed EPA that Federal agencies 
spent slightly more than $1 million on carpet cushion between October 
1992 and May 1997. Federal agencies purchase carpet cushion either 
directly or through the GSA schedule. Use of carpet cushion containing 
recovered materials, particularly postconsumer materials, will expand 
markets for this item and, thereby, create additional markets for the 
recovered materials used by the carpet cushion manufacturers.

C. Flowable Fill

    The information obtained by EPA demonstrates that flowable fill (or 
controlled low-strength materials) containing coal fly ash and/or 
ferrous foundry sands are commercially available. Today, in 
Sec. 247.12(j), EPA proposes to designate flowable fill containing coal 
fly ash and/or ferrous foundry sands as an item whose procurement will 
carry out the objectives of section 6002 of RCRA. A final designation 
would not preclude a procuring agency from purchasing other types of 
fill materials, such as conventional concrete or compacted soil. It 
simply requires that a procuring agency, when purchasing or contracting 
for the use of flowable fill, purchase this item containing recovered 
materials when it meets applicable specifications and performance 
requirements.
    EPA is aware of one manufacturer using ground blast furnace slag in 
flowable fills. Because EPA has only limited information from one 
company on the use of ground blast furnace slag in flowable fill 
applications, the Agency is not proposing to designate this item in 
today's notice. However, EPA requests information on (1) other 
manufacturers or users of flowable fills containing blast furnace slag 
and (2) the performance and availability of this item.
1. Background
    Flowable fill, or controlled low-strength material, is a wet, 
flowable slurry that is used as an economical fill or backfill 
material. Flowable fill flows like a liquid, sets like a solid, is 
self-leveling, and requires no compaction or vibration to achieve 
maximum density. It can take the place of concrete, compacted soils, or 
sand commonly used to fill around pipes and in utility trenches or 
other void areas. Although it can replace concrete, flowable fill is 
not considered to be a low strength concrete or a compacted soil-
cement. Other names for flowable fill include flowable mortar, 
controlled low-strength material, lean mix backfill, lean fill, 
controlled density fill, unshrinkable fill, flowable fly ash, hydraulic 
cement, low strength slurry backfill, flowable backfill, and flowable 
grout.
    Applications for flowable fill include backfill in sewer and 
utility trenches, building excavations, bridge abutments, and conduit 
trenches; and miscellaneous uses such as retaining wall backfill and 
filling abandoned wells, sewers, manholes, and underground storage 
tanks.
    Because it does not require compaction or vibration, flowable fill 
can be a cost-effective fill material. According to the American 
Concrete Institute, advantages of flowable fill include reduced labor 
and equipment requirements because it is self-leveling; versatility in 
terms of flowability, strength, and setting times; higher load-carrying 
capacity than compacted soil or granular fill; reduced excavation 
costs; and improved worker safety because flowable fill can be placed 
without workers entering the trench.1
---------------------------------------------------------------------------

    \1\ ACI 229R-94, ``Controlled Low Strength Materials (CLSM),'' 
American Concrete Institute, December 1994.
---------------------------------------------------------------------------

2. Rationale for Designation
    EPA believes that flowable fill containing recovered materials 
meets the statutory criteria for selecting items for designation.
    a. Use of materials in solid waste. The two primary recovered 
materials used in flowable fill are coal fly ash and spent ferrous 
foundry sands. Only 25 percent

[[Page 45563]]

of the coal fly ash and 20 percent of the foundry sand generated 
annually currently are recovered and used. Therefore, EPA believes it 
is appropriate to develop additional markets for these materials.
    Either Class F or Class C coal fly ash can be used in flowable 
fill. While both ferrous and non-ferrous foundry sands can be used in 
flowable fill mixtures, typically non-ferrous foundry sands are 
hazardous waste due to their lead and cadmium content. Accordingly, 
heavy metal content may preclude their use in flowable fill mixtures. 
In contrast, ferrous foundry sands are not known to be hazardous waste. 
For this reason, EPA is limiting today's proposed designation to 
flowable fill containing ferrous foundry sands.
    b. Technically proven uses. Substantial information about using 
coal fly ash has been accumulated by the Federal Highway Administration 
and state highway and transportation departments. The American Concrete 
Institute has developed a specification for flowable fill containing 
coal fly ash. EPA is aware that both the American Society for Testing 
and Materials (ASTM) and the American Association of State Highway and 
Transportation Officials (AASHTO) are developing specifications for 
flowable fill containing coal fly ash. ASTM has developed several test 
methods for flowable fill containing coal fly ash. In addition, the 
American Concrete Institute is revising its report on controlled low 
strength materials (i.e., flowable fill). These test methods are listed 
in ``Background Document for Proposed CPG III and Draft RMAN III'' and 
Table C-10c of the draft RMAN III published in the Notice section of 
today's Federal Register. In addition, more than 20 states have 
specifications for flowable fill containing coal fly ash, including 
California, Colorado, Delaware, Florida, Georgia, Illinois, Indiana, 
Kansas, Kentucky, Maryland, Massachusetts, Michigan, Minnesota, 
Nebraska, New Hampshire, New Mexico, North Carolina, Ohio, Texas, 
Washington, West Virginia, and Wisconsin.
    There currently are no national test methods or specifications for 
flowable fill mixtures containing ferrous foundry sand. At least one 
state, Ohio, has a specification for flowable fill containing foundry 
sand, and several other states and FHWA are developing specifications 
or guidelines.
    c. Impact of government procurement. State and local transportation 
departments are one of the largest markets for flowable fill, and they 
use federal funds for road repair and construction. Their use of 
flowable fill containing coal fly ash and/or ferrous foundry sands will 
create markets for these recovered materials as well as provide 
additional information about the performance of this product.
    Coal fly ash and ferrous foundry sands are not universally 
available throughout the United States. In addition, in some parts of 
the U.S., they might not be economically competitive with local fill 
materials. EPA reminds procuring agencies that, under RCRA section 
6002, they are not required to purchase an EPA-designated item 
containing recovered materials if that item is not reasonably available 
or only available at an unreasonable price. However, EPA believes that, 
as procuring agencies learn more about the performance of flowable fill 
and its positive impact on in-place costs, they will be more willing to 
use it.

D. Railroad Grade Crossing Surfaces

    The information obtained by EPA demonstrates that railroad grade 
crossing surfaces containing recovered materials are commercially 
available. Today, in Sec. 247.12(k), EPA proposes to designate railroad 
grade crossing surfaces containing coal fly ash, recovered rubber, or 
recovered steel as items whose procurement will carry out the 
objectives of section 6002 of RCRA.
    A final designation would not preclude a procuring agency from 
purchasing railroad grade crossing surfaces manufactured from another 
material, such as asphalt or wood. It simply requires that a procuring 
agency, when purchasing concrete, rubber, or steel railroad grade 
crossing surfaces, purchase these items made with recovered materials 
when they meet applicable specifications and performance requirements. 
In particular, EPA is aware that many states have developed guidelines 
or criteria for use in selecting a crossing surface. Different crossing 
grade surfaces may be appropriate for different settings, based on 
highway traffic and functional classification, types of vehicles using 
the crossing, railroad traffic and truck classification, condition of 
the approach surface, engineering judgment, costs, and the expected 
life of the surface.
    The information obtained by EPA indicates that it is not feasible 
to use reclaimed asphalt in asphalt railroad grade surface crossings 
because asphalt recycling equipment is designed for operation on 
highways and roads, not on smaller projects such as railroad crossings. 
EPA does not believe that crumb rubber modified asphalt can be used in 
railroad grade crossings because of cost and performance constraints. 
EPA requests information on the use of either reclaimed asphalt or 
crumb rubber modified asphalt in railroad grade crossing surfaces.
    EPA did not identify any manufacturers using ground granulated 
blast furnace (GGBF) slag or other recovered materials in concrete 
railroad grade crossing surfaces. EPA requests information about the 
feasibility of using GGBF slag or other recovered materials in this 
application.
    Plastic lumber is being used in the manufacture of railroad ties 
and could be used as a component of grade crossings in the future. 
Testing of plastic lumber railroad ties at the Association of American 
Railroads' test track near Pueblo, Colorado currently is underway. 
Depending on the test results, EPA will consider designating this item 
in the future.
1. Background
    Railroad grade crossings are surfacing materials placed between 
railroad tracks, and between the track and the road at highway and 
street railroad crossings, to enhance automobile and pedestrian safety. 
Railroad grade crossings can be made of wood, asphalt, concrete, 
rubber, metal, or unconsolidated materials, such as crushed stone. 
Currently, over half of existing railroad grade crossing surfaces are 
asphalt, followed by wood (32%), unconsolidated materials (10%), rubber 
(4%), and concrete (2%). However, the use of concrete and rubber 
surfaces is increasing.
2. Rationale for Designation
    EPA believes that railroad grade crossing surfaces containing 
recovered materials meet the statutory criteria for selecting items for 
designation.
    a. Use of materials in solid waste. Concrete, rubber, and steel 
railroad grade crossing surfaces can be made with recovered materials. 
Concrete railroad grade crossing surfaces can contain coal fly ash, 
which is either used by the manufacturer of the concrete railroad 
crossing or by the ready mix concrete company supplying the crossing to 
distributors. While there are other applications for coal fly ash, 
including concrete used in highway and building construction, only 25% 
of the coal fly ash generated annually is recovered. Therefore, EPA 
believes that other markets for coal fly ash should be developed. Each 
railroad crossing could use as much as 1.5 tons of coal fly ash.
    Rubber railroad grade crossing surfaces contain tire buffings from 
tire retreading operations, crumb rubber from scrap tires, and off-
specification virgin rubber. As with coal fly ash, there

[[Page 45564]]

are other uses for scrap tires and other applications for crumb tire 
rubber. However, additional markets for crumb rubber are needed.
    All domestic steel contains recovered materials. Depending on the 
process used to manufacture the steel, the railroad grade crossing 
surface can contain up to 100 percent recovered steel.
    b. Technically proven uses. As discussed in ``Background Document 
for Proposed CPG III and Draft RMAN III,'' concrete, rubber, and steel 
railroad grade crossing surfaces containing recovered materials are 
available and in use throughout the United States. At least two 
companies use coal fly ash in the manufacture of concrete railroad 
grade crossing surfaces, and EPA believes that many concrete crossing 
surface distributors may sell products containing coal fly ash because 
more than half of the concrete suppliers in the U.S. use coal fly ash. 
There are three manufacturers of rubber railroad grade crossing 
surfaces that use tire buffings and/or crumb rubber, while a fourth 
manufacturer uses off-specification virgin rubber. As previously noted, 
all steel railroad grade crossing surfaces contain recovered steel.
    EPA found conflicting information about the performance of concrete 
and rubber railroad grade crossing surfaces containing recovered 
materials. Users generally are satisfied with concrete surfaces. The 
weight of concrete systems can be a problem during track maintenance, 
however, although equipment exists to remove the concrete slabs. In 
addition, as the wooden railroad ties under concrete systems 
deteriorate over time, the concrete can become unstable. It is believed 
that, if the performance of plastic lumber railroad ties is proven, 
their use, in conjunction with concrete surfaces, will eliminate this 
problem.
    Proper installation and the use of full-depth rubber crossings 
appear to be key factors in the successful use of these items. Rubber 
crossings also seem to be preferable for roads with lighter traffic 
flow and lighter vehicles.
    Both concrete and rubber railroad grade crossing surfaces can cost 
more initially than traditional wood or asphalt crossing surfaces but 
generally last longer and can be reused after track maintenance, which 
reduces their cost over their life cycle.
    EPA did not identify any national specifications or standards that 
either require or preclude the use of recovered materials in railroad 
crossings. The ASTM and AASHTO specifications for blended hydraulic 
cement and the ASTM test methods for coal fly ash can be used for 
concrete railroad grade crossings. There are nine ASTM test methods and 
a classification system for rubber products that can be used when 
purchasing rubber railroad grade crossing surfaces. These are listed in 
``Background Document for Proposed CPG III and Draft RMAN III'' and in 
Section D-4 of the draft RMAN III published in the Notice section of 
today's Federal Register.
    c. Impact of government procurement. All levels of government 
install or contract for the installation of railroad grade crossing 
surfaces. Funds for the purchase of railroad grade crossings are 
available under the Surface Transportation Program of the Intermodal 
Surface Transportation Efficiency Act of 1991. At least 10 percent of 
these funds must be set aside for Rail-Highway Crossings and Hazard 
Elimination programs, which can include improvements to crossing 
surfaces. By considering the use of concrete, rubber, or steel surfaces 
containing recovered materials, procuring agencies will increase 
markets for these items and demonstrate their performance.
3. Preference Program
    Based on comments submitted on the proposed CPG I, EPA is aware 
that procuring agencies will be concerned that the designation of a 
product such as railroad grade crossing surfaces, instead of a 
component of that product, would dictate design decisions based solely 
on recovered materials content and not upon engineering considerations 
of each individual project. Procuring agencies should keep in mind that 
neither RCRA section 6002, Executive Order 12873, nor the Federal 
Acquisition Regulation (FAR) 2 require recovered materials 
content to supersede engineering considerations. Both RCRA section 6002 
and Executive Order 12873 require a procuring agency to purchase EPA-
designated items containing recovered materials to the maximum extent 
practicable, unless the items ``fail to meet the performance standards 
set forth in the applicable specifications or fail to meet the 
reasonable performance standards of the procuring agencies.'' RCRA 
section 6002(c)(1)(B).
---------------------------------------------------------------------------

    \2\  Recent revisions to the FAR provide that procuring agencies 
must require engineers to specify the ``use of the maximum 
practicable amount of recovered materials consistent with the 
performance requirements, availability, price reasonableness, and 
cost-effectiveness.'' 48 CFR Sec. 36.601-3(a).
---------------------------------------------------------------------------

    Procuring agencies and their engineers and contractors are 
required, however, to affirmatively consider the use of items 
containing recovered materials for the specified application. In the 
case of railroad grade crossing surfaces, this might require 
reconsideration of the agency's guidelines or criteria used in 
selecting a crossing surface in order to permit the use of products 
containing recovered materials where appropriate.

V. Park and Recreation Products

A. Park Benches and Picnic Tables

    The information obtained by EPA demonstrates that park benches and 
picnic tables made with recovered materials are commercially available. 
Today, in Sec. 247.14(c), EPA proposes to designate park benches and 
picnic tables containing recovered steel, aluminum, plastic, or 
concrete as items whose procurement will carry out the objectives of 
section 6002 of RCRA.
    A final designation would not preclude a procuring agency from 
purchasing park benches and picnic tables made from other materials. It 
simply requires that a procuring agency, when purchasing steel, 
aluminum, plastic, or concrete park benches and picnic tables, purchase 
these items containing recovered materials when they meet applicable 
specifications and performance requirements.
    When studying park and recreational furniture, EPA concentrated its 
research on park benches and picnic tables, but requests comments on 
any other items in this category that commenters believe are made with 
recovered materials and that may be purchased in appreciable quantities 
by procuring agencies.
1. Background
    Park benches and picnic tables can be found in parks, outdoor 
recreational facilities, and the grounds of office buildings and other 
facilities. Park benches are manufactured from a variety of materials, 
including concrete, brick, aluminum, steel, wood, or plastic--usually 
in the form of plastic lumber. Picnic tables are also manufactured from 
a variety of materials, primarily including wood, aluminum, concrete, 
or plastic. Some manufacturers also make these products from composite 
materials such as wood and plastic or wood and fiberglass. Although 
some manufacturers may make park benches and picnic tables entirely of 
steel, most steel included in these products is used in the framing.
2. Rationale for Designation
    EPA believes that park benches and picnic tables containing 
recovered materials meet the statutory criteria for selecting items for 
designation.

[[Page 45565]]

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

B. Playground Equipment

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

[[Page 45566]]

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

VI. Landscaping Products

A. Plastic Lumber Landscaping Timbers and Posts

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

B. Food Waste Compost

    The information obtained by EPA demonstrates that food waste 
compost contains recovered materials (food

[[Page 45567]]

waste mixed with other organic materials) and is commercially 
available. EPA previously designated yard trimmings compost in CPG I in 
40 CFR Sec. 247.15(b). Today, EPA is proposing to revise the yard 
trimmings compost designation to include compost made from food waste 
or commingled food waste and yard trimmings as an item whose 
procurement will carry out the objectives of section 6002 of RCRA.
1. Background
    Composting is the biological process of converting organic matter 
under controlled conditions into a product that is rich in humus and 
provides organic matter and nutrients to the soil. Mature compost (in 
which the composting process is completed) is composed of small brown 
particles, resembles soil, and is free of pathogens and weed seeds. 
Compost has been defined by the Compost Council, the trade association 
for the composting industry, in its ``Composting Glossary,'' as 
follows:

    Compost is the stabilized and sanitized product of composting; 
compost is largely decomposed material and is in the process of 
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.

    Compost added to soil improves the ability of the soil to support 
plant growth. The organic matter in compost is particularly beneficial 
to poor soil infrastructure. Adding compost to clay soil, for example, 
reduces soil density and compaction, increases aeration, and increases 
soil porosity and drainage. These soil changes make plants less 
susceptible to root rot disease. Compost added to sandy soil increases 
the soil's ability to retain water and nutrients, as well as increasing 
its resistance to drought and erosion.
    Compost can be used in a wide range of applications. It can be used 
as a substitute for peat moss, potting soil, topsoil, or other organic 
materials in agriculture, horticulture, silviculture (growing of 
trees), and in landscaping. In landscaping, compost is used as a soil 
conditioner, soil amendment, lawn top dressing, potting soil mixture, 
rooting medium, and mulch for shrubs and trees, and for restoration and 
maintenance of golf course turf and other sports turf. Tailor-made 
compost (i.e., compost designed and made for specific uses) also can be 
used for bioremediation of contaminated soils, treatment of 
contaminated stormwater runoff, volatile organic compound (VOC) 
emission reduction, and reclamation of mining sites.
    It is difficult to talk about ``food waste compost'' as a 
completely separate item, since most food waste composting programs add 
other available organic materials such as wood chips, sawdust, manure, 
or yard trimmings to their mixes. Different types of compost are better 
suited to different applications, making information about the 
composition of the compost feedstocks important to purchasers. Thus, 
there is no consensus among compost experts about how compost made with 
a significant amount of food waste should be classified. There is 
agreement, however, that all types of mature compost have great value 
due to humus and micro-organism content as a soil amendment and 
fertilizer.
2. Rationale for Designation
    EPA believes that food waste compost containing recovered organic 
materials meets the statutory criteria for selecting items for 
designation.
    a. Use of materials in solid waste. Food waste comprises nearly 7 
percent (14 million tons per year) of municipal solid waste. Virtually 
all of this waste is potentially compostable. Institutions such as 
prisons, universities, and hospitals are excellent sources of food 
waste for large-scale or regional composting projects. Commercial 
establishments, such as grocery stores, restaurants, and cafeterias, 
also provide materials for use in commercial composting. In addition, a 
few curbside programs provide food waste to community-based composting 
programs. Fruit and vegetable trimmings are the most common feedstock 
composted, followed by kitchen preparation residuals, which can include 
overcooked pasta, stale rolls, and soups. As previously noted, most 
food waste compost programs mix other organic materials, such as 
sawdust, wood chips, yard trimmings, or manure, with food wastes to 
produce compost. These other added materials vary depending upon what 
is available to the composting program, and what nutrients or bulking 
agents are needed to make a high quality compost. Yard trimmings are 
the most popular amendment to food waste compost, followed by wood 
chips and sawdust.
    b. Technically proven uses. The Composting Council is helping to 
define and develop industry-wide standards for composts made from 
various combinations of materials, including food wastes. The 
Composting Council publishes these standards in an operating guide for 
composting facilities entitled, ``Test Methods for Examination of 
Composting and Compost.'' The guide also provides standards for the 
suitability of different types of composts made for different 
applications, depending on the compost mix. In the U.S. Department of 
Transportation's (DOT) ``Standard Specifications for Construction of 
Roads and Bridges on Federal Highway Projects 1996,'' the agency 
specifies mature compost for use in road construction and does not 
specifically preclude the use of food waste in its required composition 
of compost. Many State Departments of Transportation have adopted these 
standards for highway construction projects.
    The nutrient and organic carbon content of compost serves as a food 
source for microorganisms in soil, thus increasing the availability of 
the soil's organic and nutrient content to plants and aiding faster 
recycling of nutrients within the system. In addition to returning 
organic materials and nutrients to the soil, other advantages of 
amending soil with compost include:
     Moderates soil temperature, so that plant roots are warmed 
in winter and, through water retention, cooled in dry, hot conditions.
     Suppresses some plant diseases, such as wilt and root rot, 
reducing the need for chemical pesticides and fungicides. Compost has 
been shown to be important in controlling wilt disease in certain 
flowers commonly grown for indoor use. Specifically, compost prevents 
fusarium wilt disease on cyclamens, a disease that is not otherwise 
treatable.
     Replaces part or, in some cases, all of the fumigants and 
fungicides used on food crops or landscape projects, according to 
research conducted at Ohio State University and verified by researchers 
in Florida, Pennsylvania, and Alabama.
     Releases nutrients in organic form, such as nitrogen, into 
the soil slowly over time. This property of compost allows for a 
significant reduction in fertilizer use and is compatible with the rate 
of plant root uptake.
     Reduces nonpoint source runoff by preventing siltation and 
by degrading pollutants in the run-off.
     Restores contaminated, eroded, or compacted soil.
    Compost's organic composition increases the soil's water-holding 
capacity. Compost also increases water infiltration into the soil. 
Compost helps to reduce soil compaction and increase soil friability, 
thus decreasing the erodability of soil. Finally, compost can

[[Page 45568]]

prevent the crusting of soil surfaces, which can otherwise inhibit 
seedling growth.
    c. Impact of government procurement. Military installations alone 
contain about 20 million acres of land that needs to be maintained. The 
potential compost usage (at 40 cubic yards per acre) for even a portion 
of this acreage would be significant. A Marine Corps base in Camp 
Lejeune, North Carolina, for example, has been composting food waste 
for more than two years. The operation mixes food waste from mess halls 
on the base with shredded paper, cardboard and yard and wood waste. The 
facility accepts an average of 10 tons of food waste per week, 
generating more than 2,400 tons of yard trimmings and food waste 
compost per year for use on the base's more than 150,000 acres. Compost 
is used on landscaping projects and made available to contractors for 
use in construction projects.
    As part of a one-year demonstration project, the DOD District Depot 
in New Cumberland, Pennsylvania partnered with a nearby state 
correctional facility to compost its food waste. The depot mixed the 
food waste with scrap wood from its pallet reclamation operation in two 
aerated static piles. The finished product was used onsite for 
landscaping projects and made available to project partners, including 
the local townships. Other correctional institutions have had 
tremendous success with composting. Of the 70 correctional facilities 
in New York State, 48 compost food waste. In fiscal year 1996, these 
institutions diverted approximately 8,300 tons of food waste for a 
savings of more than $1 million, including avoided disposal costs, 
hauling fees, and equipment maintenance and storage costs.
    Whiteman Air Force Base in Missouri generated 42 tons of food waste 
compost through a pilot program in the fall of 1995. Using an in-vessel 
system, the base mixed yard trimmings with the food waste generated at 
a recycling conference in Kansas City. They have used the compost on 
the base and given at least 40 cubic yards to the local solid waste 
district for a local land improvement program. By the fall of 1998, the 
base plans to establish a permanent in-vessel food waste composting 
operation.
    Other federal markets for compost made with food waste could be 
substantial. As of 1997, the U.S. Forest Service and Park Service 
maintain 500,000 miles of roadsides and embankments and millions of 
acres of land. The U.S. Forest Service manages more than 190 million 
acres of land at 156 national forests, while the U.S. Park Service 
manages more than 83 million acres and 369 national parks. At John Muir 
National Historic Site, for example, fruit residuals from the 8 acres 
of orchards and vineyards are composted with wood chips, yard trimmings 
and paper waste. The site composts approximately 6 tons per year in 
three 20 cubic yard containers. In addition, universities, hospitals, 
and prisons may be using appropriated federal funds for their 
composting operations and purchases.
    To assist in the development of federal markets for compost, 
President Clinton issued a memorandum entitled, ``Environmentally and 
Economically Beneficial Practices on Federal Landscaped Ground'' on 
April 26, 1994. Agencies are encouraged to develop practical and cost-
effective landscaping methods that preserve and enhance the local 
environment. This memorandum requires the use of mulches and compost by 
federal agencies and in federally funded projects.

VII. Non-Paper Office Products

A. Plastic Binders, Clipboards, File Folders, Clip Portfolios, and 
Presentation Folders

    The information obtained by EPA demonstrates that solid plastic 
binders, clipboards, file folders, clip portfolios, and presentation 
folders are available containing recovered plastics. EPA previously 
designated binders in CPG I. Today, in Sec. 247.16(d), EPA proposes to 
amend the existing designation of binders to include solid plastic 
binders containing recovered plastic. In Sec. 247.16(h)-(k), EPA 
proposes to designate plastic clipboards, plastic file folders, plastic 
clip portfolios, and plastic presentation folders containing recovered 
plastic, respectively, as items whose procurement will carry out the 
objectives of section 6002 of RCRA. A final designation would not 
preclude a procuring agency from purchasing these items manufactured 
from another material. It simply requires that a procuring agency, when 
purchasing plastic binders, clipboards, file folders, clip portfolios, 
and presentation folders, purchase these items made with recovered 
plastic when these items meet applicable specifications and performance 
requirements.
    EPA previously designated ``binders'' in CPG I in 40 CFR 
Sec. 247.16(d). In the background document for the final CPG I, EPA 
explained that the ``binder'' designation includes plastic-covered 
binders containing recovered plastic, chipboard and pressboard binders, 
and the paper component of covered binders. In order to clearly define 
the scope of the binder designation, EPA is revising Sec. 247.16(d) to 
list the types of binders within the scope of the designation.
1. Background
    Binders, clipboards, file folders, clip portfolios, and 
presentation folders are commonly used office products made from a 
variety of materials, such as paper, plastic, paperboard, and wood 
fiber.
2. Rationale for Designation
    EPA believes that solid plastic binders, plastic clipboards, 
plastic file folders, plastic clip portfolios, and plastic presentation 
folders meet the statutory criteria for selecting items for 
designation.
    a. Use of materials in solid waste. Solid plastic binders, 
clipboards, file folders, clip portfolios, and presentation folders can 
be made from HDPE, polyethylene, PET, polystyrene, and various other 
types of recovered plastics. Except for HDPE, markets for recovered 
plastics have been weak for the past year, and additional markets for 
HDPE are needed, as well.
    b. Technically proven uses. Each of the items is available 
commercially from several sources. EPA is aware of five distributors of 
binders, file folders, clipboards, clip portfolios, and presentation 
folders containing recovered HDPE. HDPE binders, clipboards, and 
presentation folders currently are available through GSA's New Item 
Introductory Schedule. EPA also is aware of five manufacturers and 
distributors of solid plastic binders, clipboards, and file folders 
containing other types of plastics.
    c. Impact of government procurement. All government agencies 
purchase binders, clipboards, file folders, clip portfolios, and 
presentation folders. EPA was not able to quantify purchases of these 
items, but EPA believes that they are purchased in substantial 
quantities that support the proposed designations of these items.

VIII. Miscellaneous Products

A. Sorbents

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

[[Page 45569]]

be made containing recovered paper, rubber, yard trimmings, wood, 
gypsum, plastics, and textiles. A final designation would not preclude 
a procuring agency from purchasing sorbents manufactured from other 
materials, such as clay, perlite, or sand. The agency requests comments 
on whether sorbents used for oil/solvent clean-ups and/or animal 
beddings are made containing any other types of recovered materials.
1. Background
    Absorbents and adsorbents are used in a diverse number of 
environmental, industrial, agricultural, medical, and scientific 
applications to retain liquids and gases. While absorbents and 
adsorbents are often used in the same applications, they perform 
fundamentally different functions. Absorption is ``the incorporation of 
a substance throughout the body of the absorbing material,'' whereas 
adsorption is the ``gathering of substances over the surface of the 
adsorbing material.'' Since absorbent and adsorbent products are often 
used interchangeably in many applications, EPA has chosen to use the 
term ``sorbent(s)'' to describe all items in this category.
    Sorbents are most often used to clean up industrial and 
environmental oil and solvent spills. They are also used in wastewater 
treatment, odor control, food processing, septic system maintenance, 
resource recovery, dust and erosion control, photography, hazardous 
waste remediation, precious metal recovery, chemical processing, and 
leachate control of phosphates and nitrates from fertilizers. In 
addition, sorbents are used in packaging materials, animal bedding, cat 
litter, protective clothing, gas masks, and personal hygiene products. 
After reviewing the government procurement of sorbent products, EPA 
believes that oil and solvent spill cleanup and animal bedding are the 
most common government applications for sorbents and, therefore, 
proposes to limit the item designation to these applications. These 
products are commercially available and are made with various types of 
recovered materials.
    Sorbent used for oil/solvent clean-up spills are manufactured from 
a variety of organic, inorganic, and synthetic materials, or a 
combination thereof. In general, these sorbents can be classified into 
three categories as follows:

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

[[Page 45570]]

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

B. Industrial Drums

    The information obtained by EPA demonstrates that industrial drums 
are available containing postconsumer and other recovered materials, 
including steel, HDPE, and old corrugated containers. Today, in 
Sec. 247.17(c), EPA proposes to designate industrial drums containing 
recovered steel, plastic, or paper as items whose procurement will 
carry out the objectives of section 6002 of RCRA. A final designation 
would not preclude a procuring agency from purchasing industrial drums 
manufactured from another material. It simply requires that a procuring 
agency, when purchasing steel, plastic, or pressed fiberboard 
industrial drums, purchase these items made with recovered materials 
when these items meet applicable specifications and performance 
requirements. Applicable requirements include the U.S. Department of 
Transportation (DOT) hazardous material packaging requirements.
1. Background
    Industrial drums are cylindrical containers used for shipping and 
storing hazardous and nonhazardous liquid or solid materials. 
Industrial drums are manufactured from a variety of materials, 
including steel, plastic, and pressed fiberboard. The different 
materials used in the manufacture of industrial drums provide slightly 
different performance or cost benefits.
2. Rationale for Designation
    EPA believes that industrial drums containing recovered materials 
meet the statutory criteria for selecting items for designation.
    a. Use of materials in solid waste. Steel, plastic, and fiber drums 
are or can be manufactured with recovered materials. All steel drums 
contain at least 25 percent recovered materials. Plastic drums can be 
manufactured with HDPE from postconsumer plastic drums. Fiber drums are 
manufactured from old corrugated containers and other sources of 
paperboard.
    Industrial drums also can be reused within a controlled 
distribution chain or reconditioned and reused. Partners in EPA's 
WasteWi$e program have found that drum reconditioning can reduce waste 
disposal. For example, in 1995, Dow Corning reconditioned 150,000 steel 
drums, eliminating 7.8 million pounds of steel. Dow Corning also 
eliminated 1,100 pounds of HDPE by cleaning and selling plastic drums.
    b. Technically proven uses. There are 26 manufacturers of steel 
drums, all of whom use recovered steel. EPA identified two plastic drum 
manufacturers that use recovered materials. One manufacturer uses up to 
100 percent postconsumer HDPE, while the other manufacturer produces a 
multi-layer drum that includes a 100 percent postconsumer recovered 
HDPE layer sandwiched between two virgin plastic layers. EPA also 
identified one manufacturer of fiber drums that uses recovered 
materials. Additionally, there are over 100 drum reconditioners in the 
United States.
    The U.S. DOT specifies drum performance criteria for each of its 
hazardous material packing group classifications. DOT currently 
requires virgin plastic for drums that will be

[[Page 45571]]

used to transport or store hazardous materials because plastic absorbs 
small quantities of some materials, which could react with materials 
subsequently stored in the drums. However, the latest United Nations 
``Recommendations on the Transport of Dangerous Goods'' allows the use 
of recovered plastics in hazardous materials packaging. It is likely 
that DOT will adopt the UN recommendations but has not yet done so. In 
the interim, DOT provides exemptions allowing the use of recovered 
content in plastic drums.
    Other national specifications (e.g., the performance specifications 
issued by the National Motor Freight Traffic Association) do not 
preclude the use of recovered materials in industrial drums.
    c. Impact of government procurement. Government agencies and their 
contractors purchase industrial drums for the transport of hazardous 
and nonhazardous materials. Thus, government procurement of industrial 
drums containing recovered materials will create or expand markets for 
this item. Additionally, EPA is aware that some DOD installations reuse 
or refurbish steel drums, and the Defense Reutilization and Marketing 
Office (DRMO) frequently provides triple-rinsed steel drums previously 
used to transport nonhazardous materials.

C. Awards and Plaques

    The information obtained by EPA demonstrates that plaques and 
awards made with recovered materials are commercially available. Today, 
in Sec. 247.14(d), EPA proposes to designate awards and plaques 
containing recovered glass, wood, paper, or plastic as items whose 
procurement will carry out the objectives of section 6002 of RCRA.
    A final designation would not preclude a procuring agency from 
purchasing awards and plaques made from other materials. It simply 
requires that a procuring agency, when purchasing glass, wood, paper, 
or plastic awards and plaques, purchase these items containing 
recovered materials when they meet applicable specifications and 
performance requirements.
1. Background
    Awards and plaques are articles of recognition for outstanding 
performance or service and are generally given for job-related duties. 
For the purposes of this designation, awards refer to free-standing 
statues while plaques refer to ``board-like'' products generally used 
as wall-hangings.
    Awards and plaques are manufactured from a variety of materials 
including glass, wood, paper, and plastic. Some products are also made 
of a composite consisting of plastic and wood (e.g., sawdust). The 
agency requests comments on whether these items are made with other 
types of recovered materials.
2. Rationale for Designation
    EPA believes that awards and plaques containing recovered materials 
meet the statutory criteria for selecting items for designation.
    a. Use of materials in solid waste. Awards and plaques can be made 
from a variety of recovered materials including glass, wood, paper, and 
plastic (LDPE, HDPE, and other plastic resins). According to one 
manufacturer, a standard 8'' x 10'' plaque diverts approximately one 
pound of materials from the waste stream.
    b. Technically proven uses. Awards and plaques are sold by 
manufacturers and distributors of promotional products. According to a 
1995 survey, there are approximately 13,000 such distributors and 
manufacturers in the United States. EPA identified six companies that 
manufacture or distribute awards and plaques made from recovered 
materials. According to four of the companies contacted, recovered 
content awards are generally made from blown glass, while plaques are 
made from various materials, including compressed newsprint and 
sawdust.
    The promotional products industry has grown from $5 billion a year 
in 1990 to more than $8 billion in 1995. A survey conducted by the 
Promotional Products Association (PPA) estimates that awards and 
plaques account for almost 8 percent, or approximately $62 million, of 
promotional product sales. No discrete data are available on the 
percentage of awards and plaques manufactured with recovered materials. 
Distributors of awards made from recovered glass indicate these 
products are manufactured only on an as-needed basis. Three 
manufacturers of plaques made from recovered materials, on the other 
hand, state their products are produced on a regular basis, but not in 
large volumes.
    c. Impact of government procurement. Government agencies purchase 
awards and plaques through the GSA Federal Supply Service's Multiple 
Awards Contract (MAC) for ``Trophies, Awards, Plaques, Plaques with 
Clocks, Pins, Ribbons, Medals, Pen Sets, and Plates/Bowls Suitable for 
Engraving.'' GSA does not track the number of awards or plaques 
purchased under this contract, but informed EPA that government 
agencies purchased approximately $10 million worth of products under 
the subcategory ``awards, plaques, trophies, plaques with clocks, pins, 
ribbon, and medals'' between 1990 and 1993. Between 1993 and 1996, $12 
million worth of products were purchased. Although EPA was unable to 
obtain specific information on purchasing volume, information obtained 
from GSA indicates that awards and plaques are the most popular items 
within the product category.

D. Mats

    The information obtained by EPA demonstrates that mats made with 
recovered materials are commercially available. Today, in 
Sec. 247.17(e), EPA proposes to designate mats containing recovered 
rubber and/or plastics as items whose procurement will carry out the 
objectives of section 6002 of RCRA.
    A final designation would not preclude a procuring agency from 
purchasing mats made from other materials. It simply requires that a 
procuring agency, when purchasing rubber and/or plastic mats, purchase 
these items containing recovered materials when they meet applicable 
specifications and performance requirements.
1. Background
    Mats are temporary or semi-permanent protective floor coverings 
used for numerous applications. They are used to protect carpeting by 
reducing wear and tear in heavy traffic areas and by removing moisture, 
dirt, and grime from people's shoes. They are used to protect car and 
truck floor boards from dirt or accidental spills, and office carpeting 
from wheel damage caused by swivel chairs. Mats are used to provide 
traction on stairs, ship decks, docks, around pools, or on marble or 
tile floors; to reduce worker fatigue in occupational work areas that 
require excessive standing; and to reduce the risk of injury during 
athletic events. Mats are also used for many specialty applications, 
such as protecting truck beds and the teeing areas of golf driving 
ranges.
    Mats are manufactured in a wide variety of designs and from 
numerous materials. Some of the most common materials used include 
HDPE, LDPE, nylon, PET, polycarbonate, PP, PVC, rubber, cocoa fiber, 
tempered hardboard, and wood. Multiple materials may be used in a 
single mat. Vinyl or rubber ``links,'' for example, can be joined 
together with steel or aluminum rods. EPA's research found that mats 
made with recovered materials are limited to rubber and/or plastic mats 
which can also include aluminum or

[[Page 45572]]

steel linkages or frames made from recovered metals.
2. Rationale for Designation
    EPA believes that mats containing recovered materials meet the 
statutory criteria for selecting items for designation.
    a. Use of materials in solid waste. Mats are made with recovered 
and postconsumer rubber and or plastic, including PVC, HDPE, LDPE, PET, 
and PP. In addition, some mats contain steel or aluminum links or 
frames, which contain recovered metals. Some mats are manufactured from 
a mixture of rubber and plastics. According to manufacturers from which 
EPA obtained information, most mats contain at least some postconsumer 
materials.
    b. Technically proven uses. Manufacturers estimate that between 75 
and 95 percent of all mats manufactured in the United States are made 
with some percentage of postconsumer material content. According to all 
of the manufacturers contacted by EPA, recovered content mats perform 
as effectively as their virgin counterparts, although virgin materials 
are sometimes added to provide color or product consistency. EPA 
identified 44 manufacturers, distributors, or suppliers of recovered 
content mats. They are located throughout the United States and supply 
both domestic and international markets. At least 25 manufacturers of 
the 44 manufacturers identified produce rubber mats from at least 90 
percent postconsumer tires. Several manufacturers also produce mats 
that contain 100 percent postconsumer PVC, 100 percent postconsumer 
mixtures of HDPE and PP, 100 percent postconsumer mixtures of rubber 
and PVC, and up to 97 percent postconsumer HDPE, LDPE, PET, and PP.
    With the exception of competition wrestling mats, EPA did not 
identify any industry, government, or independent specifications for 
mats. ASTM developed a wrestling mat specification for mats used in 
high schools and colleges. The specification addresses the construction 
of closed-cell foam cores with PVC, PVC coatings, or both; foam cores, 
either open- or closed-cell enclosed in sewn, loose covers; and molded 
open-cell PVC foam with a dense skin on one surface that is an integral 
part of the mat. The ASTM specification does not preclude the use of 
recovered materials.
    c. Impact of government procurement. EPA was unable to obtain any 
information regarding the quantity of mats procured by government 
agencies. An individual from USPS explained that, although each of the 
40,000 USPS facilities probably uses antifatigue mats, USPS, like many 
procuring agencies, does not have a centralized procurement system.
    The GSA Supply Catalog lists 36 products in 9 mat categories, 
including chair, door, deck, dental floor, porch floor, anti-fatigue, 
insulating, ribbed floor, and stair tread mats. The GSA catalog 
identifies 2 of the 36 products as containing recovered materials, both 
of which are door mats containing 100 percent postconsumer recovered 
rubber. The number of categories and products on the GSA schedule 
suggests that there is a sizable government market for mats. Most 
federal buildings, for example, contain numerous entrance, floor, and 
chair mats. The U.S. DOD procures a variety of mats, including antislip 
mats for boat and ship decks and docks, helicopter landing mats, and 
truck bed mats.

E. Signage

    The information obtained by EPA demonstrates that signs and sign 
supports/posts made with recovered materials are commercially 
available. Today, in Sec. 247.17(f), EPA proposes to designate non-road 
signs containing recovered plastic or aluminum and road signs 
containing recovered aluminum as items whose procurement will carry out 
the objectives of section 6002 of RCRA. In addition, this proposed 
designation includes sign supports and posts made from recovered 
plastic or steel.
    A final designation would not preclude a procuring agency from 
purchasing signage or supports/posts made from other materials. It 
simply requires that a procuring agency, when purchasing plastic or 
aluminum signs for specific applications, purchase these items 
containing recovered materials when they meet applicable specifications 
and performance requirements. This designation pertains to plastic 
signs (and any associated plastic or steel supports/posts) used for 
non-road applications (e.g., buildings, parking lots, trails, etc.) and 
aluminum road signs (and any associated steel supports/posts).
1. Background
    Signs made from recovered materials are used for public roads and 
highways, and inside and outside office buildings, museums, parks, and 
other public places. The Federal government procures four types of 
signs: (1) conventional road signs, (2) expressway signs, (3) freeway 
signs, and (4) miscellaneous non-road signs. Highway and other road 
signs are purchased by state and local governments primarily with 
federal government transportation funds. Non-road signs are procured at 
the federal and state levels on an as needed basis. Both road and non-
road signs may require the use of supports/posts depending on the 
location of the sign.
2. Rationale for Designation
    EPA believes that signage containing recovered materials meets the 
statutory criteria for selecting items for designation.
    a. Use of materials in solid waste. Sign blanks, posts, and 
supports containing recovered materials are primarily manufactured 
using recovered aluminum and postconsumer or recovered plastics, 
including HDPE, LDPE, PET, PP, polycarbonate. Although the research 
conducted by EPA did not identify any manufacturers of signs, supports, 
or posts containing postconsumer or recovered wood, some manufacturers 
may use recovered wood to make signs and supports/posts. The Agency 
requests comments on the prevalence and use of postconsumer or 
recovered wood in the manufacture of signs and supports/posts. EPA 
obtained information on the use of steel for sign supports/posts; 
however, the agency did not identify any manufacturers of signs made 
from steel. The agency requests comments on the prevalence or use of 
recovered steel in the manufacture of signs.
    b. Technically proven uses. EPA identified nine manufacturers and 
distributors of signs and supports/posts containing recovered 
materials, seven of which use various postconsumer and/or recovered 
plastics and two of which use recovered aluminum.
(1) Road Signs
    While almost any rigid material can be used for any type of road 
sign, most state agencies use aluminum because it has a high strength-
to-weight ratio, costs less than other materials, and withstands 
extreme temperatures. Aluminum's strength-to-weight ratio is an 
important consideration. Road signs are usually more than 3 feet wide, 
so they must be strong but lightweight. States occasionally use smaller 
road signs, which could be made of a weaker material, but they prefer 
to use the same material for all signs to achieve economies of scale. 
States also prefer aluminum because it resists environmental damage. 
EPA obtained information that suggested that plywood is also 
occasionally used for road signs, but that its use has declined over 
the years. Road signs are normally constructed of several extruded 
aluminum planks, formed into flat-

[[Page 45573]]

bottomed U-shapes and placed side by side. Tape is used to smooth the 
joints, and braces are extended across the back to stabilize the sign. 
A reflective polymer is applied to the front to create lettering and 
symbols. Sign blanks are typically comprised of either aluminum 
sheeting or an exterior grade plywood.
    Several grades of aluminum are used in road signs. Although most 
aluminum products contain recovered materials, products made from lower 
grade aluminum usually contain higher percentages of recovered 
materials. A contact at the Connecticut Department of Transportation 
said that most states use a mid-level grade of aluminum (Grade 5051) 
for road signs. The Ohio Department of Transportation uses a higher 
grade (Grade 6061), but has recently approved the use of two lower 
grades (Grade 5051 and 3038) as well. According to the National 
Aluminum Association, common alloy sheet aluminum, from which sign 
blanks are made, consistently contains fairly high levels of recovered 
content regardless of grade, although the association could not provide 
an average percentage. Standard specifications for road sign size, 
lettering, color, strength, and other design and performance 
requirements can be found in the ``Manual on Uniform Traffic Control 
Devices'' published by the Federal Highway Administration.
(2) Non-Road Signs
    These signs are used in areas other than roadways, such as office 
buildings, national parks, historic sites, monuments, and other places 
of public interest. Non-road signs are often smaller than standard 
roadway signs. As a result, they can be made of materials with lower 
strength-to-weight ratios, such as wood and plastics like HDPE and PP, 
although they are also often made with aluminum. There are two types of 
plastic signs: a simple, paintable sheet and a triple-ply, two-color 
sheet that is meant to be routed (or etched) to expose the interior 
color. The use of plastic is better suited to smaller signs, as large 
plastic signs can be extremely heavy.
(3) Sign Supports and Posts
    Sign posts and supports can be made from a variety of materials, 
including steel, fiberglass reinforced plastic, thin-wall steel tubing, 
steel U-post or flanged channel, and standard schedule 40 steel pipe. 
Other materials being used in small sign supports include wood and 
other types of plastic. The number and type of supports selected for 
use at a given site depends on sign blank area and buyer preference. A 
period of 15 to 20 years is the maximum life expectancy for most sign 
posts and supports, regardless of the type of material.
c. Impact of government procurement.
(1) Road Signs
    Most states purchase aluminum sign blanks made from common alloy 
sheet aluminum, which usually contains recovered materials. The number 
of states purchasing recovered plastic road signs is currently small, 
but that number is expected to grow as plastic sign technology matures.
(2) Non-road Signs
    EPA identified a total of 24 federal and state agencies that have 
purchased non-road signs containing recovered materials. Federal 
agencies currently purchasing non-road plastic signs containing 
recovered materials include the National Park Service; the U.S. Forest 
Service; the U.S. Coast Guard; and the U.S. Navy. State agencies 
identified include the Michigan Department of Transportation and the 
Ohio Department of Natural Resources.
    The National Park Service informed EPA that plastic containing 
recovered materials is a viable alternative for non-road signs in all 
national parks and national forests. Overall, they were pleased with 
the performance of the signs in their parks. Some of the signs have 
been in place for up to 8 years. A vendor that sells primarily 
recovered-content HDPE signs indicated an increase in demand for these 
signs over the past three years.

F. Strapping and Stretch Wrap

    The information obtained by EPA demonstrates that manual-grade 
strapping is available containing postconsumer and other recovered 
materials, including steel, PP, and PET. Today, in Sec. 247.17(g), EPA 
proposes to designate manual-grade strapping containing recovered steel 
or plastic as an item whose procurement will carry out the objectives 
of section 6002 of RCRA. A final designation would not preclude a 
procuring agency from purchasing strapping manufactured from another 
material, such as rayon or nylon. It simply requires that a procuring 
agency, when purchasing steel, PP, or polyester strapping, purchase 
these items made with recovered materials when they meet applicable 
specifications and performance requirements.
    Machine-grade strapping also can contain postconsumer and other 
recovered materials. EPA determined that Federal agencies, including 
the Defense Logistics Agency (DLA), DOD, GSA, and USPS, purchase 
manual-grade strapping products for use in palletizing operations. 
However, EPA was unable to verify that they use machine-grade 
strapping. Because Federal agencies might not procure this item, EPA is 
not proposing today to designate machine-grade strapping. EPA requests 
information about Federal agency use of machine-grade strapping.
    Plastic stretch wrap can be made from recovered LDPE and/or PET. In 
the background document for the proposed CPG II, EPA stated that it was 
aware of five companies that can make pallet stretch wrap from 
recovered plastic, but only one that produces the product as a stock 
item. EPA requested information on additional manufacturers using 
recovered materials in their stock stretch wrap. No comments were 
submitted. Because only one manufacturer has been identified, EPA 
currently is not considering stretch wrap containing recovered 
materials for designation in the CPG. EPA is again requesting 
information on the use of recovered materials by other stretch wrap 
manufacturers.
1. Background
    Strapping refers to straps of material used with transport 
packaging to hold products in place on pallets or in other methods of 
commercial, bulk shipment. Strapping can also prevent tampering and 
pilferage during shipping. Stretch wrap, which is a thin, semi-adhesive 
plastic film, is sometimes used in conjunction with strapping to hold 
products or materials on a pallet.
2. Rationale for Designation
    EPA believes that manual-grade strapping containing recovered 
materials meets the statutory criteria for selecting items for 
designation.
    a. Use of materials in solid waste. There are five basic types of 
strapping--steel, PP, polyester, nylon, and polyester cord. Of these, 
steel, PP, and polyester strapping are or can be made with recovered 
materials. The volume of recovered materials used varies greatly 
depending on the type of strapping, the materials being used, the 
company's ability to incorporate recycled materials, and current market 
prices for virgin and recovered materials. For example, additional 
equipment is needed to use recovered PET, and manufacturing from 
recovered PET is only economically feasible if the price of recovered 
PET is comparable to virgin materials.
    Steel strapping contains 25 to 100 percent recovered material, 
including 10 to 14 percent postconsumer material. Polypropylene 
strapping can contain up to 100 percent recovered materials,

[[Page 45574]]

including up to 50 percent postconsumer material. Polyester strapping 
can contain up to 100 percent PET, including up to 75 percent 
postconsumer material from soda bottles. In particular, polyester 
strapping can be made with green soda bottles and, thereby, provides a 
market for a recovered material that otherwise has limited markets.
    b. Technically proven uses. At least eight manufacturers use 
recovered materials to manufacture PP and polyester manual-grade 
strapping. Of these, three manufacturers produce steel strapping 
containing recovered materials. These companies are identified in 
``Background Document for Proposed CPG III and Draft RMAN III''. In 
addition, between 17 and 22 other companies currently are manufacturing 
strapping products and could be using recovered materials. EPA requests 
information on other manual-grade strapping manufacturers using 
recovered materials.
    There are no specifications unique to strapping containing 
recovered materials. Rather, this item is manufactured to meet ASTM 
specifications and guides for strapping. These include D 3953, 
``Standard Specification for Strapping, Flat Steel and Seals,'' D 3950, 
``Standard Specification for Strapping, Nonmetallic (and Joining 
Methods).'' and D 4675, ``Standard Guide for Selection and Use of Flat 
Strapping Materials.'' The federal Commercial Item Descriptions for 
strapping have been replaced with ASTM D 3953 and D 3950.
    c. Impact of government procurement. EPA is aware of at least four 
Federal agencies that use manual-grade strapping in palletizing 
operations: DLA, DOD, GSA, and USPS. While EPA was not able to obtain 
quantified information about their purchases, several agency contacts 
confirmed that DLA, DOD, and GSA procure strapping directly. GSA offers 
strapping products through its Supply Catalog, and DLA is in the 
process of making strapping products a regularly stocked item.

IX. Designated Item Availability

    EPA has identified a number of manufacturers and vendors of the 
items proposed for designation in today's rule. Once the item 
designations in today's proposal become final, these lists will be 
placed in the RCRA docket for this action and will be posted on EPA's 
Internet web page. They will be updated periodically as new sources are 
identified and product information changes. Procuring agencies should 
contact the manufacturers and vendors directly to discuss their 
specific needs and to obtain detailed information on the availability 
and price of recycled products meeting those needs.
    Other information is available from the GSA, DLA, State and local 
recycling offices, private corporations, and trade associations. Refer 
to Appendix II of the document, ``Background Document for Proposed CPG 
III and Draft RMAN III,'' located in the RCRA public docket, for more 
detailed information on these sources of information.

X. Items Dropped from Further Consideration

    EPA considered the following items for proposed designation but, 
based on the available information, has determined that it would be 
inappropriate to designate them at this time. Included is a brief 
explanation of the basis for this determination. EPA requests 
additional information about these products demonstrating that they 
should be reconsidered for possible future designation.
    Recycled Ink--EPA contacted numerous printers, ink manufacturers, 
and printing trade associations, but was able to identify only one 
potential recycled ink manufacturer. Thus, EPA has concluded that this 
item currently is not commonly available containing recovered 
materials.
    Shotgun Shells: Two technical issues exist with regard to 
designating shotgun shells. First, shotgun shells are manufactured with 
an impact extrusion process that is highly sensitive to any 
contaminants in the plastic resin, which precludes the use of recovered 
plastics. Second, shotgun shells are subject to more than 15,000 pounds 
per square inch of pressure when a shotgun is fired and manufacturers 
are hesitant to introduce any impurities that may impair the integrity 
of the shotgun shell and result in a potentially fatal injury.

XI. Regulatory Assessments

A. Requirements of Executive Order 12866

    Executive Order 12866 (58 FR 51735, October 4, 1993) requires 
agencies to determine whether a regulatory action is ``significant.'' 
and thus subject to Office of Management and Budget (OMB) review and 
the requirements of this Executive Order. The Executive 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.
    Pursuant to the terms of the Executive Order, it has been 
determined that this rule is not a ``significant regulatory action'' 
under the terms of Executive Order 12866 and is therefore not subject 
to OMB review.''
    EPA estimates that the costs associated with this proposed rule are 
well below the $100 million threshold. To enable the Agency to evaluate 
the potential impact of today's action, EPA has prepared an Economic 
Impact Analysis (EIA), as discussed below. For more information on the 
estimated economic impact of this proposed rule, see the ``Economic 
Impact Analysis for the Proposed Comprehensive Procurement Guideline 
III,'' located in the RCRA public docket for the proposed rule.
1. Summary of Costs
    As shown in Table 2 below, EPA estimates that the annualized costs 
of today's rule will range from $6.5 to $13 million, with costs being 
spread across all procuring agencies (i.e., Federal agencies, State and 
local agencies that use appropriated Federal funds to procure 
designated items, and contractors to all three). These costs are 
annualized over a 10-year period at a 3 percent discount rate. Because 
there is considerable uncertainty regarding several of the parameters 
that drive the costs, EPA conducted sensitivity analyses to identify 
the range of potential costs of today's rule. Thus, high-end and low-
end estimates are presented along with the best estimate. The primary 
parameter affecting the range of cost estimates is the number of 
products each procuring agency is assumed to procure each year. Details 
of the costs associated with this proposed rule are provided in the EIA 
for this rule.

[[Page 45575]]



Table 2.--Summary of Annualized Costs of CPG Amendments to All Procuring
                                Agencies                                
------------------------------------------------------------------------
                                                                 Best   
                                                               estimate 
                                           Total annualized     total   
             Procuring agency                costs ($1000)    annualized
                                                                costs   
                                                               ($1000)  
------------------------------------------------------------------------
Federal Agencies.........................     $8,244-$4,122       $8,244
States...................................         1,647-823        1,647
Local Governments........................       2,993-1,497        2,245
Contractors..............................            115-57           86
------------------------------------------------------------------------
    Total................................      12,999-6,499       12,222
------------------------------------------------------------------------

    As a result of today's proposed rule, procuring agencies will be 
required to perform certain activities pursuant to RCRA section 6002. 
The costs shown in Table 2 represent the estimated annualized costs 
associated with these activities, which include: rule review and 
implementation; estimation, certification, and verification of 
designated item procurement; and for Federal agencies, reporting and 
record keeping. Table 2 also includes estimates for Federal agencies 
that will incur costs for specification revisions and affirmative 
procurement program modification. More details of the costs associated 
with today's rule are included in the EIA.
    With regard to possible impacts to business, including small 
businesses, there may be both positive and negative impacts to 
individual businesses. EPA anticipates that this proposed rule will 
provide additional opportunities for recycling businesses to begin 
supplying recovered materials to manufacturers and products made from 
recovered materials to procuring agencies. In addition, other 
businesses, including small businesses, that do not directly contract 
with procuring agencies may be affected positively by the increased 
demand for recovered materials. These include businesses involved in 
materials recovery programs and materials recycling. Municipalities 
that run recycling programs also are expected to benefit from increased 
demand for certain recovered materials.
    EPA is unable to determine the number of businesses, including 
small businesses, that may be adversely impacted by this proposed rule. 
It is possible that if a business that currently supplies products to a 
procuring agency uses virgin materials only, the designation proposed 
in CPG III may reduce its ability to compete for future contracts. 
However, the proposed CPG III item designations will not affect 
existing purchase orders, nor will they preclude businesses from 
adapting their product lines to meet new specifications or solicitation 
requirements for products containing recovered materials. Thus, many 
businesses, including small businesses, that market to procuring 
agencies have the option to adapt their product lines to meet 
specifications.
2. Product Cost
    Another potential cost of today's action is the possible price 
differential between an item made with recovered materials and an 
equivalent item manufactured using virgin materials. Relative prices of 
recycled content products compared to prices of comparable virgin 
products vary. In many cases, recycled content products are less 
expensive than their virgin counterparts. In other cases, virgin 
products have lower prices than recycled content products. Many factors 
can affect the price of various products. For 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.
3. Summary of Benefits
    EPA anticipates that this rule will result in increased 
opportunities for recycling and waste prevention (e.g., from 
refurbishing industrial drums). Waste prevention can reduce the 
nation's reliance on natural resources by reducing the amount of 
materials used in making products. Less raw materials use results in a 
commensurate reduction in energy use and a reduction in the generation 
and release of air and water pollutants associated with manufacturing. 
Additionally, waste prevention leads to a reduction in the 
environmental impacts of mining, harvesting, and other extraction 
processes.
    Recycling can effect the more efficient use of natural resources. 
For many products, the use of recovered materials in manufacturing can 
result in significantly lower energy and material input costs than when 
virgin raw materials are used; reduce the generation and release of air 
and water pollutants often associated with manufacturing; and reduce 
the environmental impacts of mining, harvesting, and other extraction 
of natural resources. For example, according to information published 
by the Steel Recycling Institute, recycling one ton of steel saves 
nearly 11 million Btus of energy; 2,500 lbs. of ore; 1,000 lbs. of 
coal; and 40 lbs. of limestone. Recycling can also reduce greenhouse 
gas emissions associated with manufacturing new products. When compared 
to landfilling, recycling one ton of HDPE, LDPE, or PET plastic can 
reduce greenhouse gas emissions by up to 0.64 metric tons of carbon 
equivalent (MTCE). In addition to conserving nonrenewable resources and 
reducing the environmental impacts associated with resource extraction 
and processing, recycling also can divert large amounts of materials 
from landfills, conserving increasingly valuable space for the 
management of materials that truly require disposal.
    By purchasing products made from recovered materials, government 
agencies can increase opportunities for realizing these benefits. On a 
national and regional level, today's proposed rule can result in 
expanding and strengthening markets for materials diverted or recovered 
through public and private collection programs. Also, since many State 
and local governments, as well as private companies, reference EPA 
guidelines when purchasing designated items, this rule can result in 
the increased purchase of recycled products, locally, regionally, and 
nationally, and can provide opportunities for businesses engaged in 
recycling activities.

B. Unfunded Mandates Reform Act of 1995 and Consultation with State, 
Local, and Tribal Governments

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.L. 
104-4, establishes requirements for Federal

[[Page 45576]]

agencies to assess the effects of their regulatory actions on State, 
local, and tribal governments and the private sector. Under section 
202, EPA generally must prepare a written statement, including cost-
benefit analysis, for proposed and final rules with Federal mandates 
that may result in estimated costs to State, local, or tribal 
governments in the aggregate, or to the private sector, of $100 million 
or more in any one year. When such a statement is required for EPA 
rules, under section 205 of the Act, EPA must identify and consider 
alternatives, including the least costly, most cost-effective, or least 
burdensome alternative that achieves the objectives of the rule. EPA 
must select that alternative, unless the Administrator explains in the 
final rule why it was not selected or it is inconsistent with law. 
Before EPA establishes regulatory requirements that may significantly 
or uniquely affect small governments, including tribal governments, it 
must develop under section 203 of the Act a small government agency 
plan. The plan must provide for notifying potentially affected small 
governments, giving them meaningful and timely input in the development 
of EPA regulatory proposals with significant Federal intergovernmental 
mandates, and informing, educating, and advising them on compliance 
with the regulatory requirements.
    EPA has determined that today's proposed rule does not include a 
Federal mandate that may result in estimated annualized costs of $100 
million or more to either State or local or tribal governments in the 
aggregate, or to the private sector. To the extent enforceable duties 
arise as a result of this proposed rule on State and local governments, 
they are exempt from inclusion as Federal intergovernmental mandates if 
such duties are conditions of Federal assistance. Even if they are not 
conditions of Federal assistance, such enforceable duties do not result 
in a significant regulatory action being imposed upon State and local 
governments since the estimated aggregate cost of compliance for them 
are not expected to exceed, at the maximum, $4.6 million annually. The 
cost of enforceable duties that may arise as a result of today's 
proposed rule on the private sector are estimated not to exceed 
$115,000 annually. Thus, the proposed rule is not subject to the 
written statement requirement in sections 202 and 205 of the Act.
    The designated items included in the proposed CPG III may give rise 
to additional obligations under section 6002(I) (requiring procuring 
agencies to adopt affirmative procurement programs and to amend their 
specifications) for state and local governments. As noted above, the 
expense associated with any additional costs is not expected to exceed, 
at the maximum, $4.6 million annually. In compliance with Executive 
Order 12875 entitled Enhancing the Intergovernmental Partnership, 58 FR 
58093 (October 28, 1993), which requires the involvement of State and 
local governments in the development of certain Federal regulatory 
actions, EPA conducts a wide outreach effort and actively seeks the 
input of representatives of state and local governments in the process 
of developing its guidelines.
    When EPA proposes to designate items in a CPG, information about 
the proposal is distributed to governmental organizations so that they 
can inform their members about the proposals and solicit their 
comments. These organizations include the U.S. Conference of Mayors, 
the National Association of Counties, the National Association of Towns 
and Townships, the National Association of State Purchasing Officials, 
and the American Association of State Highway and Transportation 
Officials. EPA also provides information to potentially affected 
entities through relevant recycling, solid waste, environmental, and 
industry publications. In addition, EPA's regional offices sponsor and 
participate in regional and state meetings at which information about 
proposed and final designations of items in a CPG is presented. 
Finally, EPA has sponsored buy-recycled education and outreach 
activities by organizations such as the U.S. Conference of Mayors, the 
Northeast Recycling Council, the Environmental Defense Fund, Keep 
America Beautiful, and the California Local Government Commission, 
whose target audience includes small governmental entities.
    The requirements do not significantly affect small governments, 
because they are subject to the same requirements as other entities 
whose duties result from today's rule. As discussed above, the expense 
associated with any additional costs to State and local governments is 
not expected to exceed, at the maximum, $4.6 million annually. The 
requirements do not uniquely affect small governments because they have 
the same ability to purchase these designated items as other entities 
whose duties result from today's rule. Additionally, use of designated 
items affects small governments in the same manner as other such 
entities. Thus, any applicable requirements of section 203 of the Act 
have been satisfied.

C. Impacted Entities

    RCRA section 6002 applies to procuring agencies that use at least a 
portion of Federal funds to procure over $10,000 worth of a designated 
product in a given year. EPA estimates that this rule would apply to 35 
Federal agencies, all 56 states and territories, and 1,900 local 
governments. EPA calculated the number of local entities that would be 
impacted based on information regarding the amount of Federal funds 
that are dispersed to specific counties. In addition, EPA assumed that 
between 200 and 1,000 contractors may be affected. A description of 
this information is provided in the EIA for today's proposed rule.

D. Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq., 
as amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996) whenever an agency is required to publish a notice of 
rulemaking for any proposed or final rule, it must prepare and make 
available for public comment a regulatory flexibility analysis that 
describes the effect of the rule on small entities (i.e., small 
businesses, small organizations, and small governmental jurisdictions). 
However, no regulatory flexibility analysis is required if the head of 
an agency certifies the rule will not have a significant economic 
impact on a substantial number of small entities.
    SBREFA amended the Regulatory Flexibility Act to require Federal 
agencies to provide a statement of the factual basis for certifying 
that a rule will not have a significant economic impact on a 
substantial number of small entities. The following discussion explains 
EPA's determination.
    In the case of small entities which are small governmental 
jurisdictions, EPA has concluded that the proposal, if promulgated, 
will not have a significant economic impact. EPA concluded that no 
small government with a population of less than 50,000 is likely to 
incur costs associated with the designation of the 19 items because it 
is improbable that such jurisdictions will purchase more than $10,000 
of any designated item. Consequently, RCRA section 6002 would not apply 
to their purchases of designated items. Moreover, there is no evidence 
that complying with the requirements of RCRA section 6002 would impose 
significant additional costs on the small governmental entity to comply 
in the event that a small governmental jurisdiction purchased more than 
$10,000 worth of a designated item. This is the case

[[Page 45577]]

because in many instances items with recovered materials content may be 
less expensive than items produced from virgin material.
    Furthermore, EPA similarly concluded that the economic impact on 
small entities that are small businesses would not be significant. Any 
costs to small businesses that are ``procuring agencies'' (and subject 
to RCRA section 6002) are likely to be insubstantial. RCRA section 6002 
applies to a contractor with a Federal agency (or a state or local 
agency that is a procuring agency under section 6002) when the 
contractor is purchasing a designated item, is using Federal money to 
do so, and exceeds the $10,000 threshold. There is an exception for 
purchases that are ``incidental to'' the purposes of the contract, 
i.e., not the direct result of the funds disbursement. For example, a 
courier service contractor is not required to purchase re-refined oil 
and retread tires for its fleets because purchases of these items are 
incidental to the purpose of the contract. Therefore, as a practical 
matter, there would be very limited circumstances when a contractor's 
status as a ``procuring agency'' for section 6002 purposes would impose 
additional costs on the contractor. Thus, for example, if a State or 
Federal agency is contracting with a supplier to obtain a designated 
item, then the cost of the designated item (any associated costs of 
meeting section 6002 requirements) to the supplier presumably will be 
fully recovered in the contract price. Any costs to small businesses 
that are ``procuring agencies'' (and subject to section 6002) are 
likely to be insubstantial. Even if a small business is required to 
purchase other items with recovered materials content, such items may 
be less expensive than items with virgin content.
    Therefore, I hereby certify that this rule will not have a 
significant economic impact on a substantial number of small entities. 
This rule, therefore, does not require a regulatory flexibility 
analysis. The basis for EPA's conclusions that today's proposed rule, 
if adopted, will not have a significant impact on a substantial number 
of small entities is described in greater detail in the EIA for the 
proposed rule.
    While not a factor relevant to determining whether the proposed 
rule will have a significant impact for RFA purposes, EPA believes that 
the effect of today's proposed rule would be to provide positive 
opportunities to businesses engaged in recycling and the manufacture of 
recycled products. Purchase and use of recycled products by procuring 
agencies increase demand for these products and result in private 
sector development of new technologies, creating business and 
employment opportunities that enhance local, regional, and national 
economies. Technological innovation associated with the use of 
recovered materials can translate into economic growth and increased 
industry competitiveness worldwide, thereby, creating opportunities for 
small entities.

E. Executive Order 13045: Protection of Children from Environmental 
Health Risks and Safety Risks

    The Executive Order ``Protection of Children from Environmental 
Health Risks and Safety Risks (62FR19885, April 23, 1997), applies to 
any rule that EPA determines (1) ``economically significantly'' as 
defined under Executive Order 12866, and (2) concerns an environmental 
health or safety risk that EPA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, the Agency must evaluate the environmental health or 
safety effect of the planned rule on children; and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency.
    EPA interprets E.O. 13045 as encompassing only those regulatory 
actions that are risk based or health based, such that the analysis 
required under section 5-501 of the E.O. has the potential to influence 
the regulation. This rule is not subject to E.O. 13045 because it is 
not an economically significant regulatory action and does not involve 
decisions regarding environmental health or safety risks.

F. The National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Pub. L. 104-113, Sec. 12(d) (15 U.S.C. 272 
note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus standards bodies. The NTTAA directs EPA 
to provide Congress, through OMB, explanations when the Agency decides 
not to use available and applicable voluntary consensus standards.
    This proposed rulemaking does not involve technical standards such 
as testing methods, sampling procedures or specifications for analyzing 
the recovered materials content of designated items. Therefore, EPA did 
not consider the use of any voluntary consensus standards.

G. Executive Order 13084: Consultation and Coordination With Indian 
Tribal Governments

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments. If the mandate is unfunded, 
EPA must provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected and other representatives of 
Indian tribal governments ``to provide meaningful and timely input in 
the development of regulatory policies on matters that significantly or 
uniquely affect their communities.''
    This rule does not significantly or uniquely affect the communities 
of Indian tribal governments.

XII. Supporting Information and Accessing Internet

    The index of supporting materials for today's proposed CPG III is 
available in the RCRA Information Center (RIC) and on the Internet. The 
address and telephone number of the RIC are provided in ADDRESSES 
above. The index and the following supporting materials are available 
in the RIC and on the Internet:
    ``Background Document for Proposed CPG III and Draft RMAN III,'' 
EPA530-R-98-003, U.S. EPA, Office of Solid Waste and Emergency 
Response, April, 1998.
    ``Economic Impact Analysis for Proposed Comprehensive Procurement 
Guideline III,'' EPA530-R-98-002, U.S. EPA, Office of Solid Waste and 
Emergency Response, April, 1998.
    Copies of the following supporting materials are available for 
viewing at the RIC only:
    ``Recovered Materials Product Research for the Comprehensive

[[Page 45578]]

Procurement Guideline III,'' Draft Report, September 26, 1997.
    Follow these instructions to access information electronically:

WWW: <http://www.epa.gov/epaoswer/non-hw/procure.htm>
FTP: ftp.epa.gov
Login: anonymous
Password: your Internet address
Files are located in /pub/epaoswer.

List of Subjects in 40 CFR Part 247

    Environmental protection, Absorbents, Adsorbents, Awards and 
plaques; Carpet, Carpet backing; Carpet cushion; Construction products, 
Flowable fill, Food waste compost, Government procurement; Industrial 
drums; Landscaping products, Landscaping timbers and posts; Manual-
grade strapping, Mats, Nylon carpet, Office products, Park and 
recreational furniture, Park and recreation products, Plastic 
clipboards, Plastic file folders, Plastic clip portfolios, Plastic 
lumber, Plastic presentation folders; Playground equipment; Procurement 
guidelines, Railroad grade crossing surfaces, Recycling, Signage, Solid 
plastic binders, Transportation products.

    Dated: August 19, 1998.
Carol M. Browner,
Administrator.

    For the reasons discussed in the preamble, EPA proposes to amend 40 
CFR part 247 as follows:

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

    1. The authority citation for part 247 continues to read as 
follows:

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

    2. In Sec. 247.12, add paragraphs (h), (i), (j), and (k) to read as 
follows:


Sec. 247.12  Construction products.

* * * * *
    (h) Nylon carpet (broadloom and tiles) made with backing containing 
recovered materials.
    (i) Carpet cushion made from bonded polyurethane, jute, synthetic 
fibers, or rubber containing recovered materials.
    (j) Flowable fill containing coal fly ash and/or ferrous foundry 
sands.
    (k) Railroad grade crossing surfaces containing coal fly ash, 
recovered rubber, or recovered steel.
    3. In Sec. 247.14, add paragraphs (c) and (d) to read as follows:


Sec. 247.14  Park and recreation products.

* * * * *
    (c) Park benches and picnic tables containing recovered steel, 
aluminum, plastic, or concrete.
    (d) Playground equipment containing recovered plastic, steel, or 
aluminum.
    4. In Sec. 247.15, revise paragraph (b) and add paragraph (e) to 
read as follows:


Sec. 247.15  Landscaping products.

* * * * *
    (b) Compost made from yard trimmings, leaves, grass clippings, and/
or food waste 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.
* * * * *
    (e) Plastic lumber landscaping timbers and posts containing 
recovered materials.
    5. In Sec. 247.16, revise paragraph (d) and add paragraphs (h) 
through (k) to read as follows:


Sec. 247.16  Non-paper office products.

* * * * *
    (d) Plastic-covered binders containing recovered plastic; chipboard 
and pressboard binders containing recovered paper; and solid plastic 
binders containing recovered plastic.
* * * * *
    (h) Plastic clipboards containing recovered plastic.
    (i) Plastic file folders containing recovered plastic.
    (j) Plastic clip portfolios containing recovered plastic.
    (k) Plastic presentation folders containing recovered plastic.
    6. In Sec. 247.17, add paragraphs (b) through (g) to read as 
follows:


Sec. 247.17  Miscellaneous products.

* * * * *
    (b) Sorbents containing recovered materials for use in oil and 
solvent clean-ups and as animal bedding.
    (c) Industrial drums containing recovered steel, plastic, or paper.
    (d) Awards and plaques containing recovered glass, wood, paper, or 
plastic.
    (e) Mats containing recovered rubber and/or plastic.
    (f)(1) Non-road signs containing recovered plastic or aluminum and 
road signs containing recovered aluminum.
    (2) Sign supports and posts containing recovered plastic or steel.
    (g) Manual-grade strapping containing recovered steel or plastic.

[FR Doc. 98-22793 Filed 8-25-98; 8:45 am]
BILLING CODE 6560-50-P