[Federal Register Volume 66, Number 167 (Tuesday, August 28, 2001)]
[Proposed Rules]
[Pages 45256-45274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21567]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 247

[SWH-FRL-7043-9]
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) is 
proposing an amendment to the May 1, 1995, Comprehensive Procurement

[[Page 45257]]

Guideline (CPG). EPA is proposing to designate the following 11 new 
items that are or can be made with recovered materials: Bike racks; 
blasting grit; cement and concrete containing cenospheres; cement and 
concrete containing silica fume; modular threshold ramps; nonpressure 
pipe; nylon carpet and nylon carpet backing; office furniture; rebuilt 
vehicular parts; roofing materials; and tires. Today's document also 
proposes to revise EPA's previous designations for polyester carpet and 
railroad grade crossing surfaces.
    The CPG implements the Resource Conservation and Recovery Act 
(RCRA) and Executive Order 13101, which require EPA to designate items 
that are or can be made with recovered materials and to recommend 
practices that procuring agencies can use to procure designated items. 
Once EPA designates an item, any procuring agency that uses 
appropriated federal funds to procure that item must purchase the item 
containing the highest percentage of recovered materials practicable. 
Today's proposed action will use government purchasing power to 
stimulate the use of these materials in the manufacture of new 
products, thereby fostering markets for materials recovered from solid 
waste.

DATES: EPA will accept public comments on this proposed rule until 
October 29, 2001.

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, Ariel Rios Building, 1200 Pennsylvania 
Avenue, NW., Washington, DC 20460. Please place the docket number F-
2001-CP4P-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, Ariel Rios Building, 1200 Pennsylvania Avenue, NW., 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 Call Center 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: 
Bike racks, blasting grit, cement and concrete containing cenospheres, 
cement and concrete containing silica fume, modular threshold ramps, 
nonpressure pipe, nylon carpet and nylon carpet backing, office 
furniture, rebuilt vehicular parts, roofing materials, and tires. 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 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. What is the statutory authority for this proposed amendment?
II. What is the background for this action?
    A. What criteria does EPA use for selecting items for 
designation?
    B. How can I comment on EPA's proposed rule?
    C. Where can I find additional information on this proposed 
rule?
III. What are the definitions of terms used in today's proposed 
rule?
IV. Vehicular Products
    A. Rebuilt Vehicular Parts 3
    1. Background
    2. Rationale for Designation
    B. Tires
    1. Background
    2. Rationale for Designation
V. Construction Products
    A. Cement and Concrete Containing Cenospheres
    1. Background
    2. Rationale for Designation
    B. Cement and Concrete Containing Silica Fume from Silicon and 
Ferrosilicon Metal Production
    1. Background
    2. Rationale for Designation
    C. Modular Threshold Ramps
    1. Background
    2. Rationale for Designation
    D. Nonpressure Pipe

[[Page 45258]]

    1. Background
    2. Rationale for Designation
    E. Nylon Carpet and Nylon Carpet Backing
    1. Background
    2. Rationale for Designation
    F. Roofing Materials
    1. Background
    2. Rationale for Designation
    G. Polyester Carpet (Revision)
    1. Background
    2. Revised Designation
    H. Railroad Grade Crossing Surfaces (Revision)
    1. Background
    2. Revised Designation
VI. Nonpaper Office Products
    A. Office Furniture
    1. Background
    2. Rationale for Designation
VII. Miscellaneous Products
    A. Bike Racks
    1. Background
    2. Rationale for Designation
    B. Blasting Grit
    1. Background
    2. Rationale for Designation
VIII. Where can agencies get information on the availability of EPA-
designated items?
IX. Administrative Assessments
    A. Executive Order 12866: Regulatory Planning and Review
    1. Summary of Costs
    2. Product Cost
    3. Summary of Benefits
    B. Regulatory Flexibility Act (RFA), as amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 
U.S.C. 601 et seq.
    C. Unfunded Mandates Reform Act of 1995 and Consultation with 
State, Local, and Tribal Governments
    D. Executive Order 13132: Federalism
    E. Executive Order 13175: Consultation and Coordination with 
Indian Tribal Governments
    F. Executive Order 13045: Protection of Children from 
Environmental Risks and Safety Risks
    G. National Technology Transfer and Advancement Act of 1995
    H. Executive Order 13211: Energy Effects
X. Supporting Information and Accessing Internet

I. What Is the Statutory Authority for This Proposed Amendment?

    EPA (``the Agency'') is proposing this amendment to the 
Comprehensive Procurement Guideline 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; 42 U.S.C. 6912(a) and 
6962; in compliance with section 502 of Executive Order 13101 
(Executive Order), ``Greening the Government Through Waste Prevention, 
Recycling, and Federal Acquisition'' (63 FR 49643, September 14, 1998).

II. What Is the Background for This Action?

    Section 6002(e) of RCRA requires EPA to designate items that are or 
can be made with recovered materials and to recommend practices to help 
procuring agencies meet their obligations for procuring items 
designated under RCRA section 6002. After EPA designates an item, RCRA 
requires that each procuring agency, when purchasing a designated item, 
must purchase that item made of the highest percentage of recovered 
materials practicable.
    Executive Order 13101 establishes the procedure EPA must follow 
when 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 recommended procurement 
practices for purchasing designated items, including recovered material 
content ranges, in a related Recovered Materials Advisory Notice 
(RMAN). The Executive Order also directs EPA to update the CPG every 2 
years and to issue RMANs periodically to reflect changing market 
conditions.
    The original CPG (CPG I) was published on May 1, 1995 (60 FR 
21370). It established eight product categories, designated 19 new 
items, and consolidated five earlier item designations. At the same 
time, EPA published the first RMAN (RMAN I) (60 FR 21386). On November 
13, 1997, EPA published CPG II (62 FR 60962), which designated an 
additional 12 items. At the same time, EPA published an RMAN II (62 FR 
60975). Paper Products RMANs were issued on May 29, 1996 (61 FR 26985) 
and June 8, 1998 (63 FR 31214). On January 19, 2000, EPA published CPG 
III (65 FR 3070), which designated an additional 18 items. At the same 
time, EPA published an RMAN III (65 FR 3082).
    Today, in CPG IV, EPA is proposing to designate the following 11 
additional items:

Vehicular Products
    Rebuilt vehicular parts
    Tires

Construction Products
    Cement and concrete containing cenospheres
    Cement and concrete containing silica fume
    Modular threshold ramps
    Nonpressure pipe
    Nylon carpet and nylon carpet backing
    Roofing materials

Non-Paper Office Products
    Office furniture

Miscellaneous Products
    Bike racks
    Blasting grit

    Also today in CPG IV, EPA is proposing to revise the previous 
designations for polyester carpet and railroad grade crossing surfaces.

A. What Criteria Does EPA Use 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 EPA 
should also factor the limitations set forth in RCRA section 6002(c) 
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 
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 IV. Thus, the Agency developed the following 
criteria for use in selecting items for designation: use of materials 
found in solid waste, economic and technological feasibility and 
performance, impact of government procurement, availability and 
competition, and other uses for recovered materials. These criteria are 
discussed in detail in Section II of the document entitled, 
``Background

[[Page 45259]]

Document for Proposed CPG IV and Draft RMAN IV.'' 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 has learned 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, 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 EPA's criteria. Details of these evaluations are 
discussed in the ``Background Document for Proposed CPG IV and RMAN IV. 
Sections IV-VII of this preamble provide a summary of EPA's rationale 
for designating these items.
    EPA acknowledges that there are other federal procurement programs 
that encourage agencies to consider other environmental attributes in 
addition to recovered materials content. In particular, EPA's 
Environmentally Preferable Purchasing (EPP) Program supports the 
consideration of life cycle costs and benefits when making purchasing 
decisions to determine which products and services would have the most 
significant environmental impacts. Therefore, EPA encourages agencies 
to consider other environmental impacts of products, as appropriate, 
when procuring items designated in the CPG. When purchasing carpets, 
for example, agencies might want to take into account the volatile 
organic compounds (VOC) content of the carpet, because a lower VOC 
content can help improve indoor air quality, which is especially 
important for sensitive individuals. In addition, the use of some 
sealants and adhesives used for carpet installations may further 
contribute to increased VOCs. Similarly, some fiberboard products used 
in office furniture may contain urea-formaldehyde as a binding agent. 
Formaldehyde is classified by EPA as a possible human carcinogen. 
Alternative binders may be available for use during the manufacturing 
process. EPA is not suggesting that the use of these, or any other 
materials in products, presents an undue risk. We are merely suggesting 
that, all other things being equal, agencies may wish to procure the 
designated item that provides the best overall environmental 
performance while still meeting all applicable specifications and 
performance requirements.
    For additional information on other environmental purchasing 
initiatives, agencies are encouraged to visit the following Web sites: 
www.epa.gov/oppt/epp, www.epa.gov/energystar, www.eren.doe.gov/femp.

B. How Can I Comment on EPA's Proposed Rule?

    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 VII.
    EPA also is requesting comments on the draft RMAN IV 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 is proposing to designate today.

C. Where Can I Find Additional Information on This Proposed Rule?

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

III. What Are the Definitions of Terms EPA Used in Today's Proposed 
Rule?

    Today, in Sec. 247.3, EPA is proposing to add terms and definitions 
for the following new items: Bike racks; blasting grit; cement and 
concrete containing cenospheres; cement and concrete containing silica 
fume; modular threshold ramps; nonpressure pipe; nylon carpet and nylon 
carpet backing; office furniture; rebuilt vehicular parts; and roofing 
materials. In addition, EPA is also including a definition for 
polyester carpet because it inadvertently failed to do so in CPG I. 
These definitions are based on industry definitions, including ASTM or 
other standard specifications, or represent

[[Page 45260]]

descriptions of the scope of items being designated. EPA specifically 
requests comments on each of these definitions.
    For several items being proposed for designation, EPA recommends 
two-part recovered materials content levels in the draft RMAN IV--a 
postconsumer recovered content component and a total recovered 
materials component. In these instances, EPA found that both types of 
materials were being used to manufacture a product. Recommending only 
postconsumer content levels would fail to acknowledge the contribution 
to 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. Vehicular Products

A. Rebuilt Vehicular Parts

    The information obtained by EPA demonstrates that rebuilt vehicular 
parts are commercially available. Today, in Sec. 247.11(d), EPA 
proposes to designate rebuilt vehicular parts as an item whose 
procurement will carry out the objectives of section 6002 of RCRA.
    A final designation would require that a procuring agency, when 
purchasing vehicular parts, purchase rebuilt parts when they meet 
applicable specifications and performance requirements. This 
designation would apply to rebuilt vehicular parts used in passenger 
vehicles as well as medium- and heavy-duty equipment (e.g., trucks, 
cranes, off-road vehicles, military vehicles).
1. Background
    Rebuilt vehicular parts are vehicle parts that have been 
remanufactured, reusing parts in their original form. For an automotive 
product to be considered remanufactured or rebuilt under the Federal 
Trade Commission (FTC) guides, it must be dismantled; all internal and 
external parts must be cleaned and made free of rust and corrosion; all 
impaired, defective, or substantially worn parts must be restored to 
sound condition or replaced with new or rebuilt parts; and all 
necessary operations must be performed to put the remanufactured 
product in sound working condition. (``Guides for the Rebuilt, 
Reconditioned and Other Used Automotive Parts Industry,'' Federal Trade 
Commission, 16 CFR Part 20).
2. Rationale for Designation
    EPA has concluded that rebuilt vehicular parts meet the statutory 
criteria for selecting items for designation.
    a. Use of materials in solid waste. EPA identified five 
remanufacturers of parts that use between 60 and 95 percent 
postconsumer materials (i.e., viable components from the used part). 
One company remanufactures clutches for farm tractors and passenger 
automobiles with 80 to 85 percent postconsumer materials. Another 
company rewinds stators and rotors for alternators, and armatures for 
starters and generators using 60 and 80 percent postconsumer material, 
respectively. Another company that rebuilds alternators, starters, and 
generators for cars and trucks uses 80 to 85 percent postconsumer 
materials. One company remanufactures power and air brakes for 
passenger, medium-duty, and heavy-duty tractor trailer trucks with 90 
to 95 percent postconsumer materials. Still another company 
remanufactures rack and pinion steering and constant velocity axle 
units with 85 to 90 percent postconsumer materials. In addition, all 
automobile manufacturers supply rebuilt parts to their dealerships.
    b. Technically proven uses. According to the Automotive Parts 
Rebuilders Association (APRA), rebuilt parts have been routinely used 
by the general public for more than 50 years. In fact, when a vehicle 
manufacturer exhausts its supply of new parts for a vehicle, used parts 
are rebuilt by the original manufacturer itself.
    Rebuilt parts are not just cleaned, visually inspected, and resold 
with little to no repair work done. These parts undergo an extensive 
remanufacturing and testing process. Rebuilt parts must meet the same 
industry specifications for performance as new parts. According to 
APRA, rebuilt parts are comparable in quality to new parts and can be 
of even better quality than new parts when items are upgraded during 
the rebuilding process.
    c. Impact of government procurement. Vehicles are kept for about 3 
to 6 years by most government agencies. Some agencies, however, say 
that vehicles are not usually kept long enough to need many replacement 
parts. According to APRA, heavy-duty equipment is generally kept longer 
and is usually almost totally rebuilt.
    EPA found that the majority of replacement vehicular parts 
purchased by the Forest Service are rebuilt parts (for all types of 
vehicles). Engines for medium- and heavy-duty equipment are always 
rebuilt. The U.S. Air Force has a written policy stating its preference 
for rebuilt parts, and the majority of parts for all of their vehicle 
types are rebuilt.
    Many federal agencies use local commercial facilities for 
maintenance and repair of government-owned or leased vehicles. Many of 
these agencies simply request the least expensive parts, which usually 
are rebuilt parts.
    During 1999, bills were introduced in California, New York, 
Connecticut, Missouri, and Texas that would make procurement of 
remanufactured products by those state governments easier and prevent 
procurement by them of products that have restrictions on being 
remanufactured. Bills were ultimately passed and made law in 
California, Connecticut, and Texas.

B. Tires

    The information obtained by EPA demonstrates that tires containing 
recovered materials are commercially available. Retread tires were one 
of five original items EPA designated in the late 1980's. EPA included 
these earlier designations with new designations in CPG I (60 FR 
21370). Sec. 403(b) of EO 13149, ``Greening the Government through 
Federal Fleet and Transportation Efficiency,'' encourages agencies to 
purchase tires containing 5 to 10 percent recovered rubber.
    Today, in Sec. 247.11(b), EPA proposes to revise the designation 
for tires to include tires containing recovered materials as an item 
whose procurement will carry out the objectives of section 6002 of 
RCRA. A final designation would require that a procuring agency, when 
purchasing tires, either procure retread tires and retreading services 
or purchase tires containing recovered rubber when they meet applicable 
specifications and performance requirements. The previous designation 
for retread tires and services is not changed by today's proposal; the 
Agency is merely reformatting the designation to differentiate between 
retread tires and services and tires containing recovered materials.

[[Page 45261]]

1. Background
    Tires are used on almost all types of vehicles, are available in 
different sizes, and are designed for specific applications. An average 
passenger tire weighing about 20 pounds would consist of 10 pounds of 
elastomers, which are a combination of both synthetic and natural 
rubber; 5 pounds of carbon black; 3 pounds of fibers such as steel and 
nylon; and 2 pounds of 40 different kinds of chemicals, waxes, oils, 
pigments, and binding agents.
2. Rationale for Designation
    EPA has concluded that tires containing recovered materials meet 
the statutory criteria for selecting items for designation.
    a. Use of materials in solid waste. EPA identified at least five 
manufacturers that incorporate some percentage of crumb rubber into 
some of their tire lines. The percentages ranged from .5 to 6 percent. 
At least one manufacturer is looking into incorporating up to 10 
percent recovered material into one of its lines of tires.
    Ground or ``crumb rubber'' is the primary material used in 
recovered material content tires. Crumb rubber is derived from scrap 
tires that have been shredded into fine pieces of rubber. According to 
one crumb rubber manufacturer, U.S. tire manufacturers use 
approximately 110,000 tons of crumb rubber each year. The company 
speculated that if U.S. tire manufacturers were to use 10 percent 
recovered materials content in their tires, demand for crumb rubber 
would increase to 356,400 tons per year.
    In 1998, 273 million scrap tires were generated in the United 
States. Of these, between 12 to 14 million were used to manufacture 
crumb rubber for use in tires and other products. One crumb rubber 
manufacturer speculates that if the current annual U.S. crumb rubber 
consumption rate of 110,000 tons remains consistent, there is no 
foreseeable shortage of raw materials to produce this product.
    b. Technically proven uses. Some tire manufacturers expressed 
concern that the use of recovered rubber could have an adverse affect 
on tire performance and durability, especially in high-performance 
tires. Many companies, however, are successfully incorporating some 
percentage of recovered rubber into their tires without sacrificing 
performance or durability.
    c. Impact of government procurement. Vehicular tires are purchased 
by all levels of government. The U.S. General Services Administration 
(GSA) currently has 161,000 vehicles that it leases to different 
government agencies. Most repair work, including tire replacements, are 
procured on the open market or through a list of 50,000 vendors on 
contract to GSA. According to the Office of the Federal Environmental 
Executive, in fiscal year 1997 federal agencies spent $84,050,300 on 
tires. Assuming an average unit cost of $80 per tire, EPA estimates 
that federal agencies purchased more than 1,000,000 tires during fiscal 
year 1997.

V. Construction Products

A. Cement and Concrete Containing Cenospheres

    The information obtained by EPA demonstrates that cement and 
concrete containing cenospheres are commercially available. EPA 
previously designated cement and concrete containing fly ash and ground 
granulated blast furnace slag (GGBF) in CPG I. Today, in 
Sec. 247.12(c), EPA proposes to revise the cement and concrete 
designation to include cement and concrete containing cenospheres as an 
item whose procurement will carry out the objectives of section 6002 of 
RCRA.
1. Background
    Cenospheres are very small (10-350 microns), inert, lightweight, 
hollow, ``glass'' spheres composed of silica and alumina and filled 
with air or other gases. They are a naturally-occurring component of 
fly ash, the largest byproduct of coal-fired power plants. Cenospheres 
are recovered and marketed throughout the world as an aggregate (or 
``filler'') material in a wide variety of products. Unlike some 
aggregates that compete with cenospheres for certain applications, 
cenospheres are not manufactured; they are recovered only from fly ash.
    Concrete containing cenospheres is a high performance concrete used 
in many construction applications including, but not limited to, 
specialty cements, mortars, grouts, and stucco. It can be used in 
construction of roads, bridges, buildings, docks, and dams.
2. Rationale for Designation
    EPA has concluded that cement and concrete containing cenospheres 
meets the statutory criteria for selecting items for designation.
    a. Use of materials in solid waste. The percentage of cenospheres 
used in concrete varies depending on the application and desired 
performance characteristics of the concrete, but according to sources 
in the industry, the typical content of cenospheres in concrete ranges 
from 10 percent to 15 percent by weight. Concrete containing 
cenospheres also often contains fly ash and vice versa, which further 
increases the recovered materials content percentage of the concrete.
    According to data provided by the American Coal Ash Association 
(ACAA), between 630,000 and 3,150,000 tons of cenospheres were 
generated in 1998 by metal producers in the United States and 25,000 to 
45,000 tons were reclaimed. The total amount of cenospheres reused will 
be higher because of the cenospheres content of fly ash, which is used 
as an additive in concrete as well. Cenospheres that are not reused are 
landfilled with the fly ash from which they are derived. According to 
ACAA, cenospheres are an inert material that does not leach hazardous 
pollutants in landfills or during storage. It is estimated that 70 to 
80 percent of all cenospheres produced are landfilled.
    Assuming a conservative cenosphere production rate of 1 million 
tons per year, the calculated volume of solid waste this represents is 
83 million cubic feet of solid waste based on an average bulk density 
of 24 pounds per cubic foot. Based on the average U.S. reclamation 
volume of 35,000 tons annually, this represents a volume reduction of 
approximately 2.9 million cubic feet per year.
    b. Technically proven uses. Cenospheres can be added to traditional 
concrete mixtures to increase strength and decrease shrinkage and 
weight. According to a cenosphere supplier, concrete containing 
cenospheres has increased thermal stability and better overall 
endurance as compared to traditional concrete. Cenospheres are used as 
fillers or extenders in place of traditional fillers such as 
manufactured glass spheres, calcium carbonate, clays, talc, and other 
various silicas. Cenospheres can be used in concrete in conjunction 
with other recovered materials such as fly ash and silica fume, or by 
itself. Cenospheres are 75 percent lighter than other minerals 
currently used as fillers and 30 percent lighter than most resins.
    EPA identified the following national specification which can be 
used by procuring agencies to buy concrete containing cenospheres of a 
standard quality: ASTM C-618, which covers concrete additives.
    c. Impact of government procurement. Many government agencies at 
the federal, state, and local levels purchase cement and concrete for 
construction-related projects. One vendor indicated that the Tennessee 
Department of Transportation has used cement containing cenospheres for 
vertical

[[Page 45262]]

overhead patching. This same contact indicated that most procuring 
agencies would not be aware that cement with cenospheres was being 
utilized for a particular project because the product is not typically 
advertised as such. According to one large cenosphere supplier, 
cenospheres are available throughout the United States and are 
available worldwide. They have been used in Europe in numerous 
applications for several decades. In fact, one contact indicated that 
some suppliers are importing cenospheres from Australia for sale in the 
United States because Australia's recovery infrastructure is more 
mature. EPA identified seven domestic suppliers of cenospheres, four of 
which are major suppliers of this item.

B. Cement and Concrete Containing Silica Fume From Silicon and 
Ferrosilicon Metal Production

    The information obtained by EPA demonstrates that cement and 
concrete containing silica fume are commercially available. EPA 
previously designated cement and concrete containing fly ash and ground 
granulated blast furnace slag (GGBF) in CPG I. Today, in 
Sec. 247.12(c), EPA proposes to revise the cement and concrete 
designation to include cement and concrete containing silica fume from 
silicon and ferrosilicon metal production as an item whose procurement 
will carry out the objectives of section 6002 of RCRA.
1. Background
    Silica fume is a waste material recovered from alloyed metal 
production--it is the solid waste collected on filters of electric arc 
furnace stacks. According to the Silica Fume Coalition (SFC), silica 
fume is a very fine, dust-like material composed primarily of silicon 
dioxide, the basic component of most rocks and sand. The glassy, 
spherical particles, approximately 1 micrometer in diameter, are a 
byproduct resulting from the reduction of high-purity quartz with coal 
or coke and wood chips in an electric arc furnace (EAF) during the 
production of silicon metal or ferrosilicon alloys. For comparison 
purposes, a grain of sand is about 1,000 times larger than a silica 
fume particle. Although silica content and particle size of fumes will 
vary according to the source of the fume, the use of silica fume in 
concrete has been standardized in specifications published by the 
American Society for Testing Materials (ASTM), the American Concrete 
Institute (ACI), the American Association of State Highway and 
Transportation Officials (AASHTO), and several state departments of 
transportation (DOTs). Hydrogen gas is released from concrete mixtures 
containing silica fume with a silicon metal production greater than 2 
percent, which can result in a potential hazard. ASTM standards require 
that silica fume used in concrete be derived from only silicon or 
ferrosilicon metal production, which yields silica fume having a 
silicon metal content less than 2 percent, thus eliminating these 
hazards. Based on this information, EPA has concluded that any 
designation should be limited to silica fume from silicon and 
ferrosilicon metal production.
    Concrete containing silica fume is a high-performance concrete 
(HPC) used in construction and maintenance projects including, but not 
limited to, roads, bridges, buildings, docks, and dams. As defined by 
ACI, HPC is concrete that meets special requirements not achievable 
through the use of conventional materials and construction practices. 
Concrete containing silica fume is sold premixed in bags, similar to 
concrete with other additives.
2. Rationale for Designation
    EPA has concluded that cement and concrete containing silica fume 
meets the statutory criteria for selecting items for designation.
    a. Use of materials in solid waste. The percentage of silica fume 
used in HPC varies depending on the application and desired performance 
characteristics of the concrete, but according to numerous sources in 
the concrete industry, the typical content of silica fume in concrete 
ranges from 5 percent to 20 percent on a dry weight basis. HPC 
containing silica fume also often contains fly ash, which further 
increases the recovered materials content percentage of the concrete.
    According to SFC, approximately 115,000 tons of silica fume were 
generated in 1999 by metal producers in the United States and 
approximately 67,200 tons were reused. SFC estimates, however, that due 
to increased generation of silica fume, reuse will need to increase 93 
percent by the year 2000 to eliminate the need to dispose of silica 
fume. Other than its use in concrete, no other beneficial uses of 
silica fume are known. Silica fume that is not reused is either 
landfilled or stored for future reuse. Silica fume is an inert material 
and does not leach hazardous pollutants in landfills or during storage.
    According to SFC, the United States uses more than 500 million tons 
of concrete a year, which is more than 2 tons for every person in the 
United States. Using silica fume in only a small percentage of concrete 
production could greatly reduce the need to dispose of silica fume.
    b. Technically proven uses. Silica fume can be added to traditional 
concrete mixtures, which are composed of cement, aggregate, and water. 
It increases strength, microstructure density, and electrical 
resistivity; decreases fluid permeability; and improves the overall 
endurance of the concrete. As a concrete additive, it is used to 
replace some of the cement added to concrete. Silica fume is not a 
cementitious agent. It is categorized as an admixture, an aggregate, a 
filler, a pozzolanic additive, and other synonymous terms in 
specifications for its use in concrete. Silica fume can also be used in 
concrete in conjunction with other recovered materials, including fly 
ash and GGBF slag.
    EPA identified the following national specifications and 
guidelines, which can be used by procuring agencies to buy HPC 
containing silica fume of a standard quality: ASTM C1240, AASHTO M840, 
and ACI 234R-96. ACI 234R-96 describes the properties of silica fume; 
how silica fume interacts with cement; the effects of silica fume on 
the properties of fresh and cured concrete; typical applications of 
silica fume concrete; recommendations on proportions, specifications, 
and handling of silica fume in the field. Silica fume has been used in 
HPC primarily to enhance strength and endurance properties, not because 
it is a recovered material.
    Silica fume enhances HPC properties because its small particle size 
fills the microscopic holes in cement, which increases density and 
strength. The density of silica fume concrete makes it an appropriate 
material for bridges, parking decks, docks, and dams because of its 
strength and its impermeability. Concrete containing silica fume 
significantly reduces the potential damage from freeze and thaw cycles 
because it is too dense for water to permeate below the surface of the 
concrete. According to a contact with the New York Department of 
Transportation (NYDOT), HPC with silica fume and coal fly ash is used 
on all NYDOT bridge and deck construction projects as well any other 
structures that are subjected to salts or chlorides (i.e., deicing 
salts or salt spray from seawater). The contact indicated that the low 
permeability of the concrete slows the ingress of salt to internal 
reinforcements, thus delaying corrosion.
    Silicosis is a potentially debilitating lung disorder that results 
from the inhalation of crystalline silica. While

[[Page 45263]]

the Occupational Safety and Health Administration (OSHA) has not 
established specific exposure limits for silica fume, OSHA has 
established a permissible exposure limit for all inert or nuisance 
dusts, which includes silica fume, of 5 mg/m\3\ based on an 8-hour time 
weighted average (TWA) (29 CFR 1910.1000, Table Z-3). The American 
Conference of Governmental Industrial Hygienists (ACGIH), however, has 
established a threshold limit value for silica fume of 2 mg/m\3\ based 
on an 8-hour TWA. ACGIH's threshold limit values are established so 
that ``nearly all workers may be repeatedly exposed day after day 
without adverse health effects.'' Unlike OSHA's permissible exposure 
limits, ACGIH's threshold limit values are not legal standards; 
however, they are used by some companies to establish their own 
permissible limits.
    To reduce the potential risks associated with silica fume 
particles, suppliers typically slurry with water or compact silica fume 
to reduce workers' potential exposure to the dust.
    c. Impact of government procurement. Silica fume is available 
worldwide. It is packaged dry in bags and pressurized cubes, or as a 
slurry with chemical stabilizers to prevent freezing. There are seven 
major producers and 10 major suppliers. Distributors are available in 
all 50 states.
    The following state DOTs are known to have used concrete containing 
silica fume: New York, Ohio, Washington, South Carolina, Pennsylvania, 
Indiana, and Virginia. A contact with the New York DOT indicated that 
most states have used concrete containing silica fume at one point or 
another and that many probably use it routinely.
    According to SFC, of the 580,000 bridges in the U.S., approximately 
1,900 bridges were built or repaired using concrete containing silica 
fume by 1999.

C. Modular Threshold Ramps

    The information obtained by EPA demonstrates that modular threshold 
ramps containing recovered materials are commercially available. Today, 
in Sec. 247.12(k) EPA is proposing to designate modular threshold ramps 
containing recovered content steel, aluminum, or rubber 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 modular threshold ramps made from another material. It 
simply requires that a procuring agency, when purchasing steel, 
aluminum, or rubber modular threshold ramps, purchase these items made 
with recovered materials when they meet applicable specifications and 
performance requirements.
1. Background
    Threshold ramps are used to modify door thresholds and other small 
rises to remove barriers that changes in level landing create, 
particularly with regards to access by people with disabilities. 
Threshold ramps can be either custom-made and permanent, or can be 
constructed from modular sections which can be purchased separately. 
For reasons explained below, EPA's proposed designation is limited to 
modular threshold ramps, which usually contain recovered metal or 
rubber.
    A change of level landing greater than \1/2\ inch, such as at a 
door threshold, creates a barrier to access by individuals with 
disabilities. As a result, products have been developed to retrofit 
door thresholds. These products are also used to improve access by 
people with disabilities to outdoor recreation areas, in compliance 
with the Architectural Barriers Act (ABA) of 1968, the Rehabilitation 
Act of 1973, the Uniform Federal Accessibility Standards (UFAS) and the 
Americans with Disabilities Act (ADA) of 1990. These standards also 
apply to state and local governments and private facilities of public 
accommodation.
    When the change of level landing is greater than 6 inches and where 
a modular ramp is not suitable, concrete, asphalt, wood, or metal are 
typically used to create a transition that effectively removes the 
barrier. A modular rubber ramp for a transition greater than 6 inches 
becomes very heavy and prohibitively expensive to ship. EPA's proposed 
designation covers modular threshold ramps only, rather than threshold 
ramps in general. EPA is limiting the scope of this designation to 
modular ramps because they are standard items that can be purchased as 
end products. Custom-built, permanent threshold ramps are not covered 
under the scope of this designation.
2. Rationale for Designation
    EPA has concluded that modular threshold ramps containing recovered 
materials meet the statutory criteria for selecting items for 
designation.
    a. Use of materials in solid waste. Rubber modular threshold ramps 
can be manufactured with up to 100 percent postconsumer recovered 
materials. Metal ramps are manufactured from aluminum, steel, copper, 
or copper alloy (brass) containing recovered materials. Aluminum ramps 
can be composed of up to 40 percent secondary aluminum billet. 
Secondary aluminum billet contains 35 to 40 percent scrap aluminum, 
with the balance consisting of primary aluminum (ingot) and alloying 
ingredients. The end product would contain about 15 percent recovered 
total material. Steel ramps are made from either or a combination of 
steel made from the Basic Oxygen Furnace (BOF) and Electric Arc Furnace 
(EAF). A contact at the Steel Recycling Institute, therefore, indicated 
that steel threshold ramps can contain between 25 and 85 percent 
recovered content including 16 to 67 percent postconsumer material. 
However, EPA has concluded that since steel ramps can be made from 
either type of steel, it is possible to make ramps with up to 100 
percent total recovered materials if EAF steel is used.
    Since concrete and asphalt threshold ramps require construction, 
they are not included with the modular threshold ramps under 
consideration for designation. However, since EPA has already 
designated cement and concrete containing certain recovered materials, 
procuring agencies should consider requiring cement and concrete used 
for constructing threshold ramps to contain these recovered materials.
    b. Technically proven uses. EPA is aware of two producers that use 
postconsumer recovered rubber and three that use recovered aluminum in 
threshold ramps. The use of recovered steel and copper in threshold 
ramps is also technically feasible.
    Recycled rubber threshold ramps meeting the ADA and UFAS standards 
have been available since 1996 and are similar in performance and cost 
to synthetic rubber ramps. According to a contact with a school 
district in Florida, the recycled rubber ramp provides a greater static 
coefficient of friction rating, and is therefore more slip-resistant. 
The rubber threshold ramps can be used anywhere where there is a change 
of level landing requiring a ramp of 1:12 slope. The ramps are not 
limited to door thresholds. Therefore, this product has applicability 
along any access route, indoors or outdoors.
    A limitation to the recycled rubber ramp is that it is only 
suitable for heights up to 6 inches. At this height the ramp becomes 
very heavy and expensive to ship. (The standard modular ramp weighs 16 
to 18 pounds). For changes in level landing greater than 6 inches, 
modifications generally require re-pouring concrete or using permanent, 
custom-built rather than modular ramps.
    For many years, aluminum, steel, and copper ramps have been used to 
provide access for people with disabilities and to eliminate barriers 
at door thresholds

[[Page 45264]]

and other changes of level landing. Aluminum threshold ramps generally 
involve assembling locking pieces and end flanges onsite with a minimum 
of nine cement anchors installed to fasten the product to the 
substrata. Aluminum ramps may have a more slippery cross-traffic 
surface than rubber threshold ramps, and therefore generally require a 
nonslip treatment that can wear and must be refurbished over time.
    c. Impact of government procurement. EPA contacted six 
manufacturers of modular threshold ramps. Four of these companies 
manufacture rubber threshold ramps, and two use postconsumer recovered 
rubber; the other two use virgin (synthetic) rubber. Most have a 
network of distributors, but one company only sells its rubber 
threshold ramp to one specific customer.
    Three of these suppliers also manufacture aluminum ramps that can 
contain recovered materials when secondary billet is less expensive 
than primary billet.
    Although exempt from ADA requirements, the federal government is 
using the 1992 ADA guidelines with regards to accessibility by people 
with disabilities because they are more current than the much older 
UFAS. Hence, all government agencies potentially purchase modular 
threshold ramps. Manufacturers of modular threshold ramps are selling 
some products to the federal government. Three manufacturers indicated 
that their distributors have made sales to federal facilities, and, 
while EPA was not able to quantify purchases of these items, the Agency 
has concluded that they are purchased in substantial quantities that 
support the proposed designation of these items.

D. Nonpressure Pipe

    The information obtained by EPA demonstrates that nonpressure pipe 
made with recovered materials is commercially available. Today, in 
Sec. 247.14(l), EPA proposes to designate nonpressure pipe containing 
recovered steel, plastic, or concrete 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 nonpressure pipe made from other materials. It simply 
requires that a procuring agency, when purchasing steel, plastic, or 
concrete nonpressure pipe, purchase the item containing recovered 
materials when they meet applicable specifications and performance 
requirements.
1. Background
    Nonpressure pipe is used throughout the United States as drainage 
pipe and conduit in construction, communications, municipal, 
industrial, agricultural, and mining applications. Drainage pipe is 
used in water distribution systems for surface and subsurface 
applications (e.g., building foundations, highway construction, and 
general land drainage) to collect and convey water by gravity flow. It 
also is used in drain, waste, and vent (DWV) applications where it 
functions similarly to drainage pipe. In DWV applications, it is used 
primarily in residential construction and other building projects. It 
is used in sanitary and storm sewer applications and as conduit and 
ducts to house electrical and communications wires.
2. Rationale for Designation
    EPA has concluded that nonpressure pipe containing recovered 
materials meets the statutory criteria for selecting items for 
designation. EPA's designation would be limited to nonpressure pipe 
used for noncritical applications such as agricultural drainage, drain, 
waste and vent (DWV), building and construction duct and pipe, road and 
highway ducts and drainage, and electrical and communications conduit.
    a. Use of materials in solid waste. The principal recovered 
materials investigated by EPA in its research on pipe were plastics 
(HDPE and PVC), steel, aluminum, and coal fly ash used in cement and 
concrete. EPA is also aware that cement and concrete containing ground 
granulated blast furnace slag (GGBF), cenospheres, and silica fume can 
also be used to make nonpressure pipe.
    A 1996 report by the Reason Foundation indicated that because the 
pipe industry uses minimal amounts of recycled resin in its 
manufacturing, the industry could potentially absorb additional 
quantities. Reason estimated that as much as 130,000 additional tons of 
recovered PVC and 120,000 additional tons of recovered HDPE could be 
used in the manufacture of pipe.
    b. Technically proven uses. Pipe containing recovered material has 
been used throughout the country for many years. Manufacturers of 
postconsumer-content plastic pipe report their products are used 
primarily for agricultural drainage and other applications where 
specifications do not preclude recovered materials. Several 
organizations have developed specifications related to pipe. These are 
referenced in the ``Background Document for Proposed CPG IV and Draft 
RMAN IV,'' located in the RCRA Docket.
    Several contacts expressed concern about some technical performance 
issues that could present purchasing barriers, particularly with 
plastic pipe. EPA addresses these concerns in the ``Background Document 
for Proposed CPG IV and Draft RMAN IV,'' located in the RCRA Docket.
    c. Impact of government procurement. Nonpressure pipe is purchased 
by federal, state, and local government agencies that engage in new 
construction or renovation projects. EPA was not able to quantify 
purchases of these items, but EPA has determined that nonpressure pipe 
is purchased in quantities sufficient enough to support the proposed 
designations of these items. In most cases, architects, engineers, and 
contractors are engaged for ``turn-key'' projects that include all 
design specifications and construction details. With the advent of 
performance-based contracting, agencies are leaving all details of the 
design and material specifications to the contractor.

E. Nylon Carpet and Nylon Carpet Backing

    The information obtained by EPA demonstrates that nylon carpet and 
nylon carpet backing made with recovered materials are commercially 
available. Today, EPA proposes to revise Sec. 247.12(d), to include 
nylon carpet and nylon carpet backing containing recovered materials 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 carpet or carpet with backing made from other materials. In 
the case of nylon carpet, the designation simply requires that a 
procuring agency, when purchasing nylon carpet, purchase this carpet 
containing recovered materials in the nylon face fiber and/or in the 
nylon carpet backing when they meet applicable specifications and 
performance requirements.
    When researching nylon carpet backing, EPA identified two companies 
that use in-house scrap from their own virgin manufacturing practices 
to make polypropylene (PP) backing. However, EPA is not aware of any 
company using recovered material as defined in this proposed rule. 
Therefore, EPA is requesting comments and information on the use of 
recovered materials in PP carpet backing.

[[Page 45265]]

1. Background
    Carpet backing is a layer of woven or nonwoven material used to 
hold carpet fibers in place and provide structural support. The 
majority of office floors in the United States are covered with nylon-
based broadloom carpet, and nylon-based carpet represents 90 to 95 
percent of all carpet, the remaining being polypropylene, acrylic, or 
polyester-based. Typically, with broadloom, or ``roll'' carpet, carpet 
fibers are inserted into a layer of woven material and glued into 
place. This layer of woven material, the primary backing, is most often 
made of polypropylene (PP). Another layer of woven material, the 
secondary backing, is then applied to the primary backing to provide 
stability. The secondary backing is also usually made from PP but can 
also be made of jute. Broadloom carpet is purchased and installed as 
one large piece that is cut and fitted for a particular office 
environment.
    Carpet tile was introduced to the marketplace about 40 years ago as 
an alternative to broadloom. In the past 10 years, the popularity of 
carpet tile has increased and now represents approximately 10 percent 
of total U.S. commercial carpet dollars in sales, estimated to be $2.8 
billion. In the government, carpet tile represents approximately 30 
percent of total carpet purchased, estimated to be 3.2 million yards 
per year at a cost of approximately $57 million.
    Carpet tiles are manufactured first as broadloom carpet, but a 
third layer of polyvinyl chloride (PVC), polyurethane, or other 
hardback material is applied to the secondary backing for enhanced 
durability. The carpet is then usually cut into 18 by 18-inch squares. 
Carpet tiles are used in modular flooring systems, such as office 
settings, and can offer more flexibility than broadloom carpet. 
Individual carpet tiles can be replaced when they become worn.
2. Rationale for Designation
    EPA has concluded that nylon carpet and nylon carpet backing 
containing recovered materials meets the statutory criteria for 
selecting items for designation.
    a. Use of materials in solid waste. Today's global carpet industry 
produces more than 4 billion pounds (2 million tons) of replacement 
carpet yearly. It is estimated that 5 billion pounds (2.5 million tons) 
of carpet are disposed of in landfills each year. Of this amount, 
approximately 1 billion pounds (500,000 tons) is type 6 nylon face 
yarn, that which is most commonly recovered.
    According to information obtained from one carpet company, carpet 
tiles with recovered content backing weigh approximately 8.4 pounds per 
square yard. Approximately 22.4 percent of a carpet tile by weight 
contains recovered material. About 2 pounds of recovered material, 
therefore, are used in each square yard of its carpet tiles. If a 
government agency purchased 1,000 square yards of the carpet tiles with 
recovered content backing, approximately 2,000 pounds (1 ton) of 
material would be diverted from the waste stream.
    In the past, when the carpet was removed, it was largely discarded 
in landfills. However, many nylon fiber and carpet companies have 
initiated collection programs to divert used carpet from landfills and 
use it to make new products. Several manufacturers are producing nylon 
carpet with up to 100 percent recovered material. The recovered 
material is usually a combination of postconsumer and postindustrial 
material, but at least one company has produced caprolactam, the main 
product of recovery, using 100 percent postconsumer material.
    Several companies are manufacturing PVC carpet backing containing 
recovered materials, with the ratio of postconsumer to postindustrial 
material dependent on market availability. One company indicated that 
its recovered content nylon carpet backing is made from 100 percent 
recovered material, including more than 35 percent postconsumer carpets 
and less than 65 percent postindustrial material from the carpet-making 
and automobile manufacturing industries.
    Another company is the sole provider of the only carpet renewing 
program currently on the market. The company super-cleans, retextures, 
restyles, and recolors modular carpet tiles to look like new. The 
process creates a product that essentially contains 100 percent 
postconsumer material.
    One company EPA contacted no longer manufactures carpet fiber but 
does make a polypropylene carpet backing. The company uses a small 
amount (1 to 2 percent) of postindustrial in-house manufacturing scrap 
in its backings, but the contact added that they are essentially virgin 
products.
    Another company also has recently started using a small amount (1 
percent) of postindustrial manufacturing scrap in its polypropylene 
backings. The company intends to increase the recovered material 
content to 5 to 10 percent in the future, possibly including some 
postconsumer carpet backing material.
    b. Technically proven uses. EPA's research indicates that nylon 
carpet and nylon carpet backing made with recovered materials content 
is of similar quality to nylon carpet and backing made from virgin 
materials content.
    Most of the companies contacted have collection programs in place 
for recovering used carpet and other recovered material.
    According to a contact at one company, recovered content PVC carpet 
backing performs as well as virgin PVC backing.
    c. Impact of government procurement. Carpet with recovered content 
is widely available in the marketplace. The Agency determined that many 
carpet distributors offer nylon carpeting with recovered material 
content.
    As mentioned previously, the popularity of carpet tile has 
increased and now represents approximately 10 percent of total U.S. 
commercial carpet dollars in sales, estimated to be $2.8 billion. In 
the government, carpet tile represents approximately 30 percent of 
total carpet purchased, estimated to be 3.2 million yards per year at a 
cost of approximately $57 million.
    According to contacts at two companies, several carpets 
manufactured from their recovered material content yarn systems are 
available through GSA's schedule. Another company's nylon is the major 
component in numerous carpet styles offered by carpet mills, dealers, 
and retailers that are listed in the Floor Coverings section of the 
Federal Supply Schedule (72 I-A). In addition to other government 
facilities, the government currently purchases nylon carpeting with 
recovered material content for military housing.
    City, county, state, and federal government agencies currently 
purchase recovered content carpets, either as part of new building 
construction or retrofit projects.

F. Roofing Materials

    The information obtained by EPA demonstrates that roofing materials 
containing recovered materials are commercially available. Today, in 
Sec. 247.12(m), EPA proposes to designate roofing materials made from 
recovered content steel, aluminum, fiber, rubber, plastic or plastic 
composites, and cement 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 roofing materials 
manufactured from another material. It simply requires that a procuring 
agency, when purchasing steel, aluminum, fiber, rubber, plastic or 
plastic composite, or

[[Page 45266]]

cement roofing materials, purchase these items made with recovered 
materials when these items meet applicable specifications and 
performance requirements.
1. Background
    A building's roof system and its finished roofing materials are the 
primary means of shielding a structure's interior from the natural 
elements. According to the Roofing Industry Educational Institute, 
approximately 30 variables determine the type of roof to use on a 
building. Variables include the roof structure and decking, its slope, 
appearance, the weight the structure must support, local building and 
fire codes, the roofing materials already on the building, and the 
area's climate and wind zone. For example, while a sloping shingle roof 
easily sheds water, a flat roof must depend on a continuous waterproof 
membrane to contain the water while it drains and/or evaporates.
    Consequently, roofing systems fall into two general categories: (1) 
High-sloped or ``pitched'' roofs and (2) low-sloped or flat roofs. 
Residential structures normally have pitched roofs, although parts 
(such as garages or some additions) can be low-sloped. Commercial roofs 
are generally low-sloped. Roofs are generally referred to as 
``residential'' or ``commercial,'' but these terms can refer either to 
the slope of the roof or the use of the building.
2. Rationale for Designation
    EPA has concluded that roofing materials containing recovered 
materials meet the statutory criteria for selecting items for 
designation.
    a. Use of materials in solid waste. Steel containing recovered and 
postconsumer material content is used in roof decking, shingles, and 
panels. According to the Steel Recycling Institute, depending on 
whether the steel is produced by the basic oxygen furnace or electric 
arc furnace method, the steel used in roofing materials could contain 
25 to 100 percent recovered steel, including 16 to 67 percent 
postconsumer steel. Fiber used in matting (tar paper, underlayment, 
felt), roll roofing, and organic asphalt shingles normally has some 
recovered and postconsumer materials content derived from old 
corrugated containers, old newspapers, mixed office waste, wood chips 
from used pallets, or recovered used dry felt. A fiber base can also be 
used in concrete shingles. EPA contacted four manufacturers of organic 
shingles that each use between 66 and 100 percent postconsumer 
corrugated containers, kraft paper, mixed paper, and other recovered 
paper.
    Large fiberglass shingle manufacturers contacted by EPA indicated 
that they do not manufacture the shingles with recovered content 
material. Likewise, EPA found that asphalt used in matting, roll 
roofing, shingles, coatings, modified bitumen, and built-up roofing 
usually does not contain recovered or postconsumer materials. Aluminum 
shingles and panels can and are being made with recovered and 
postconsumer materials. One manufacturer uses up to 20 percent 
postconsumer material from curbside collection programs. Another 
manufacturer makes 95 percent postconsumer aluminum shingles. Rubber 
single-plies, shingles, and ``rubberized'' modified bitumen (styrene-
butadiene-styrene, known as SBS) can contain some recovered and 
postconsumer materials, including old tires. One manufacturer of rubber 
shingles uses 100 percent postconsumer (old) tires. EPA is aware of one 
other manufacturer that claims to use at least 50 percent postconsumer 
rubber in its shingles. Plastic single-plies, shingles, and plasticized 
modified bitumen (atactic polypropylene, known as APP) can contain 
various types of recovered and postconsumer plastics. One contact was 
unable to provide a percentage of recovered material content of its 
plastic. Another manufacturer EPA contacted makes plastic shingles and 
shakes from 100 percent postconsumer plastic. Wood shakes can contain 
recovered materials from old pallets, pallet scraps, sawmill waste, and 
manufacturing waste. EPA contacted one manufacturer that incorporates 
the company's manufacturing waste into wood shakes and shingles. 
Another manufacturer makes roofing shingles from 100 percent recovered 
wood and PVC plastic. Cement-based shingles can include recovered 
materials. One manufacturer uses 4 percent postconsumer newsprint 
fibers and 14 percent recovered silica fume in their fiber base 
concrete shingles, which are made with portland cement.
    b. Technically proven uses. Durability is critical in roofing 
because a failure can mean serious damage, not just to the roofing 
itself, but to the building and its contents as well. EPA found no 
performance issues relating to the use of recovered materials in 
roofing products.
    Roofing systems and their components are subject to an array of 
standards, tests, and codes pertaining to performance and other 
characteristics. EPA found no building codes or standards that prohibit 
the use of recovered materials in roofing products.
    c. Impact of government procurement. The federal government 
procures a vast amount of roofing materials annually, although 
statistics are not kept on this information. The Department of 
Commerce's ``Commerce Business Daily'' has on online, searchable 
database, however, and EPA was able to find numerous active and 
archived notices for construction and renovation projects by federal 
agencies that involve, among other things, roofing, While most of the 
information available is for re-roofing projects, it goes without 
saying that all new building construction projects would include 
roofing.
    Several manufacturers indicated that they sell to federal, state, 
or local government entities, but did not provide names of specific 
agencies, contact names, or the amount sold.

G. Polyester Carpet (Revision)

1. Background
    On May 1, 1995, EPA issued a final designation for polyester carpet 
containing recovered materials in CPG I (60 FR 21370). This designation 
was codified at 40 CFR 247.12(d). Since EPA issued this designation, we 
have received a number of inquiries from procuring agencies and 
industry representatives expressing some confusion over the polyester 
carpet designation, when agencies are ``required'' to buy recycled-
content polyester carpeting, and what applications are included in the 
designation.
    The final CPG I designated ``carpet made from polyester fiber for 
use in low- and medium-wear applications.'' In the background document 
for the final CPG I, EPA cited the Carpet and Rug Institute's (CRI) 
guidelines for selecting the quality of carpeting in light-, medium-, 
and heavy-wear applications. At the time, CRI suggested the following 
general carpet applications: light-wear for bedrooms, dressing rooms, 
and some dining rooms in private homes; moderate-wear for living and 
dining rooms in private homes, motel and hotel bedrooms, and private 
offices; heavy-wear for commercial-type installations in office 
buildings, public rooms, motel and hotel lobbies, stairways, and 
stores; and severe-wear for corridors, and other wheeled traffic areas. 
EPA recommended ``that procuring agencies follow these general 
guidelines in determining applications that may be suitable for the use 
of polyester carpet containing recovered materials.'' EPA also 
recommended ``the use of polyester carpet containing recovered 
materials for light- and moderate (medium)-wear applications,'' 
consistent with the types of uses in the CRI guidelines. The CPG

[[Page 45267]]

limited the designation to these types of applications.
    CRI recently issued new carpet-use classifications which provide a 
listing of the types of end-use applications recommended for carpet and 
reclassifies the applications into three new categories: moderate-, 
heavy-, and severe-wear applications. Most of the applications cited by 
EPA in the initial polyester designation referred to private homes 
which, under the new CRI list, would be included in the category of 
``single family housing.'' CRI's classifications includes both 
moderate- and heavy-use applications under the single family housing 
category. Therefore, EPA proposes to revise the polyester carpet 
designation to reference the new CRI classifications and specify that 
the designation be limited to moderate- and heavy-wear applications 
such as those found in single-family housing units, private offices, 
and similar applications. EPA requests comments on this proposed 
revision to the designation for polyester carpet.
    EPA notes that some agencies have developed their own 
specifications for end-use applications. It is not EPA's intent to 
suggest that these specifications be changed or to recommend the use of 
polyester carpet where it may not be suitable. EPA's designation of 
polyester carpet, in effect, applies to those cases where procuring 
agencies have determined that polyester carpet has suitable 
characteristics to meet the agencies' particular applications. Where it 
is determined that polyester carpet is not suitable for a particular 
application, the agency is not required to purchase this type of 
carpet. However, where it is determined that polyester carpet is 
suitable, procuring agencies should purchase this carpet containing 
recovered materials.
2. Revised Designation
    Today, in 40 CFR 247.12(d), EPA proposes to amend the designation 
for polyester carpet to specify that the designation is limited to 
moderate- and heavy-wear applications such as those found in single-
family housing units, private offices, and similar applications.

H. Railroad Grade Crossings Surfaces (Revision)

1. Background
    On January 19, 2000, EPA designated railroad grade crossing 
surfaces made from cement and concrete containing coal fly ash, 
recovered rubber, or recovered steel (65 FR 3070). This designation was 
codified at 40 CFR 247.12 (j). EPA recently received information from 
two companies, one that manufactures railroad grade crossings made from 
recovered wood, and another that manufactures railroad grade crossings 
from a composite plastic material. The information from these companies 
has been included in the RCRA docket for this proposed rule. One 
company recovers wood from old railroad ties and uses this material to 
make new railroad ties and railroad grade crossing surfaces. The wood 
used to make these products is made from old railroad ties combined 
with a proprietary plastic binder made from postconsumer plastic. The 
company claims that the end products contain 90-97% postconsumer 
materials content. The proposed inclusion of wood railroad grade 
crossing surfaces in EPA's designation would also include composite 
wood materials. The other company makes a composite crossing from 100% 
recovered materials, including auto shredder residue and postconsumer 
plastic. The company claims that the end product contains 85-95% 
postconsumer material. EPA requests comments on the inclusion of 
recovered wood and plastic as materials to be added to the previous 
designation of railroad grade crossing surfaces containing recovered 
content cement, rubber, or steel.
2. Revised Designation
    Today, in 40 CFR 247.12(j), EPA proposes to amend the existing 
designation for railroad grade crossing surfaces to include railroad 
grade crossing surfaces containing recovered wood or composite wood 
materials and composite plastic materials. EPA has concluded that 
railroad grade crossing surfaces containing recovered wood and plastic 
meet the statutory criteria for selecting items for designation, as 
previously discussed in CPG III (63 FR 45558, August 26, 1998).

VI. Nonpaper Office Products

A. Office Furniture

    The information obtained by EPA demonstrates that office furniture 
made with recovered materials is commercially available. Today, in 
Sec. 247.16(l), EPA proposes to designate office furniture containing 
recovered steel, aluminum, wood, agricultural fiber, and 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 office furniture manufactured from other materials. It 
simply requires that a procuring agency, when purchasing steel, 
aluminum, wood, agricultural fiber, or plastic office furniture, 
purchase these items made with recovered materials when these items 
meet applicable specifications and performance requirements.
1. Background
    Office furniture includes seating, desks, storage units, file 
cabinets, tables, and systems furniture (or ``cubicles'') used in 
virtually all federal offices.
    Most office furniture is made of wood, including particleboard and 
medium-density fiberboard (MDF), or steel. Some companies are making 
particleboard from recovered agricultural fiber such as straw, kenaf, 
jute, and soybean hulls. Other materials in office furniture 
manufacturing include polyethylene terephthalate (PET) in fabrics; 
plastic, which is integrated in components such as laminated work 
surfaces and arm rests; and aluminum.
    Most companies in the furniture industry do not manufacture and 
assemble furniture from raw materials. Rather, companies specialize in 
one aspect of manufacturing and work together. Suppliers, or ``base 
manufacturers,'' for example, take raw materials, such as plastic, 
aluminum, wood, agricultural fiber, or steel, and convert them into 
components (e.g., table tops, rubber edging, metal frames). Furniture 
manufacturers then purchase the components from suppliers and assemble 
them to make furniture products. In some instances, however, 
manufacturers fabricate their own wood and metal components.
    In researching office furniture, EPA found that products fall into 
one of the following categories: new office furniture; reused 
furniture; refurbished furniture; and remanufactured furniture. For 
definitions of these categories, refer to the ``Background Document for 
Proposed CPG IV and Draft RMAN IV,'' located in the RCRA Docket.
2. Rationale for Designation
    EPA has concluded that office furniture containing recovered 
materials meets the statutory criteria for selecting items for 
designation.
    a. Use of materials in solid waste. Reused office furniture tends 
to have the highest postconsumer content because the product is not 
significantly altered. Refurbished office furniture contains almost as 
much postconsumer content as reused office furniture, although it 
usually has virgin materials added due to necessary touch-ups. 
Remanufactured office furniture tends to contain less postconsumer 
content than reused or refurbished furniture, but generally conserves 
the greatest value in the product.

[[Page 45268]]

    EPA found that new furniture contains varying amounts (from 0 to 98 
percent) of recovered materials. Refurbished and remanufactured office 
furniture typically contains 25 to 75 percent postconsumer materials 
depending on the condition of the core being refurbished or 
remanufactured. According to a government consultant with 20 years 
experience as a federal government sales representative, remanufactured 
office furniture can contain as much as 60 to 80 percent postconsumer 
content.
    According to Office Furniture Recyclers Forum (OFRF), approximately 
3 million tons of office furniture are discarded in landfills each 
year. Remanufacturing and refurbishing can divert some of this 
furniture away from landfills by returning it to offices. In fact, 
remanufacturing just 40 typical work stations diverts one tractor-
trailer load of furniture from a landfill. Also, reusing one pound of 
material through remanufacturing saves five to nine pounds of original 
materials.
    Using recovered materials in manufacturing and remanufacturing also 
diverts waste from landfills. According to OFRF, when a company 
manufacturers or remanufacturers one typical work station with fabric 
made from recovered materials, for example, it uses 240 recovered PET 
soda bottles. So, if an agency were to purchase 1,000 remanufactured 
work stations, it would divert 240,000 soda bottles from landfills.
    One company estimates it has diverted approximately 48.4 million 
pounds of workstation materials from landfills since opening for 
business in 1989.
    b. Technically proven uses. According to one vendor, furniture made 
with recovered materials content, remanufactured furniture, and 
refurbished furniture all perform as well as furniture manufactured 
with virgin materials. Remanufacturing and refurbishing restores worn 
office furniture to a condition comparable to new furniture in quality 
and reliability. In general, upholstery made with recovered PET looks, 
cuts, and upholsters the same as fabric made with virgin resins.
    Office partitions covered with postconsumer content fabric are 
stain-proof and fabric rated, which means they comply with Boston, New 
York, and California fire codes (the most stringent state fire codes in 
the country). Office partitions made from postconsumer content fabric 
are similar in durability to those made from fabrics with virgin 
materials.
    In many cases, there are advantages to using remanufactured or 
refurbished furniture. For example, furniture is usually available for 
delivery on much quicker time frame. In the case of one company, the 
refinishing can be done on the premises due to the absence of toxic 
chemicals. As a result, there is very little moving of furniture 
required and minimal downtime for the client.
    c. Impact of government procurement. OFRF estimates that the 
federal government purchased $396.3 million in office furniture in 
1996. According to another contact, however, the federal government 
spent approximately $562 million on office furniture in 1996. According 
to the Coalition for Government Procurement, over the past 5 years, 
federal government agencies purchased over $1.9 billion of office 
furniture including metal filing cabinets, seating, systems furniture 
and pedestals, office tables (excluding executive type), and executive 
offices. According to one contact, most federal purchases are made 
through GSA schedules and some are made via open market contractors.
    GSA operates programs to reuse, refurbish, and donate used 
furniture. Additionally, GSA's National Furniture Center works with 
agencies interested in incorporating environmental considerations into 
its selection process. The 1999 GSA consolidated schedule, which is 
valid for 5 years, includes furniture items in Solicitation No. 3FNO-
M1-990001-B, Schedule 71, Part 1. This schedule includes remanufactured 
furniture as Special Item Number (SIN) 711-92.
    UNICOR's Federal Prison Industries, Inc., is a mandatory source 
provider to the government for office furniture and many other items. 
According to UNICOR, the government purchases over 15 percent of its 
furniture from them, which equates to 40 percent of UNICOR's furniture 
sales. In 1997, UNICOR's office furniture sales to the federal 
government totaled $80 million.

VII. Miscellaneous Products

A. Bike Racks

    The information obtained by EPA demonstrates that bike racks 
containing recovered materials are commercially available. Today, in 
Sec. 247.17(h), EPA proposes to designate bike racks containing 
recovered steel and 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 bike racks manufactured 
from another material. It simply requires that a procuring agency, when 
purchasing steel or plastic bike racks, purchase them containing 
recovered material when they meet applicable specifications and 
performance requirements. When researching bike racks, EPA obtained 
information about those manufactured from recovered steel and plastic, 
but requests comments on other recovered materials such as wood or 
aluminum that can be or are being used to manufacture bike racks. In 
addition, although all of the manufacturers of plastic bike racks that 
EPA contacted use recovered HDPE, EPA sees no technical reason why 
plastic bike racks could not be made from another type of plastic resin 
or composite. Therefore, EPA requests comments on whether other types 
of recovered plastic resins are used in the manufacture of plastic bike 
racks. In addition, EPA requests comments on whether other recovered 
materials are used to manufacture bike racks.
1. Background
    Bike racks provide a method for cyclists to secure their bicycles 
safely. Commonly found in public areas and outside office buildings, 
bike racks can be designed to hold 1 to 50 bicycles and can range from 
$100 to $1,000 each, depending on type. They can be free standing 
units, anchored by bolts or cement, or embedded into the ground.
2. Rationale for Designation
    EPA has concluded that bike racks containing recovered materials 
meet the statutory criteria for selecting items for designation.
    a. Use of materials in solid waste. According to the Steel 
Recycling Institute, the steel used in bike racks is most likely made 
using the basic oxygen furnace (BOF) process and would, therefore, 
contain 25 to 30 percent recovered material including 16 percent 
postconsumer material.
    EPA identified four manufacturers that use 100 percent HDPE plastic 
lumber to manufacture their bike racks. EPA's research noted that most 
of these plastic lumber manufacturers use 100 percent postconsumer HDPE 
for their products.
    b. Technically proven uses. Most contacts reported that steel bike 
racks are very durable and virtually maintenance-free. According to a 
facilities employee at a university, however, although most steel bike 
racks are marketed as ``maintenance-free,'' some of them tend to rust. 
Furthermore, for painted steel bike racks, contact with bikes and bike 
locks makes them vulnerable to scratches. Applications of paint are 
sometimes required to maintain their appearance. According to

[[Page 45269]]

one manufacturer, plastic lumber bike racks are just as secure as steel 
bike racks. Furthermore, plastic lumber bike racks do not tend to rust 
or scratch as easily as steel bike racks.
    According to the government agencies EPA contacted that use steel 
bike racks, there are no specifications or requirements that would 
preclude the purchase of bike racks with recovered materials.
    c. Impact of government procurement. According to the four county 
governments EPA contacted, purchases for equipment such as bike racks 
are usually not tracked, but EPA assumes all counties and schools 
purchase bike racks. EPA also is convinced that all federal agencies 
purchase bike racks. EPA was not able to quantify purchases of this 
item but has concluded that they are purchased in quantities sufficient 
enough to support the proposed designation.

B. Blasting Grit

    The information obtained by EPA demonstrates that several types of 
blasting grit are available containing recovered materials. Today, in 
Sec. 247.17(i), EPA proposes to designate blasting grit (a type of 
industrial abrasive) containing recovered steel, coal combustion 
byproducts (boiler slag and bottom ash), metal slags, glass, plastic, 
or walnut shells 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 blasting grit manufactured 
from another material. It simply requires that a procuring agency, when 
purchasing blasting grit containing steel, coal combustion byproducts, 
metal slags, glass, plastic, or walnut shells, purchase these items 
made with recovered materials when these items meet applicable 
specifications and performance requirements. EPA identified only one 
type of recovered organic material (walnut shells) being used in 
blasting grit and requests comments on whether other types of organic 
materials are being used in blasting grit.
1. Background
    Blasting grit is a loose form of industrial abrasive that is used 
to shape, cut, sharpen, or finish a variety of surfaces and materials 
and to clean engines, prime and clean surfaces, and for corrosion 
control. It comes in a variety of grades (particle size) dictated by 
the materials being ground and the finish that is required.
    Generally, industrial abrasives can be fashioned for use on metals, 
ceramics, carbides, composites, glass, and plastics. They can be made 
from a variety of materials, both virgin (including metal, minerals, 
and silicon) and recovered (including aluminum oxide, coal and metal 
slag, glass, plastic, and organic materials such as walnut shells). 
Industrial abrasives are used in many industries, including 
construction, automotive, and landscaping.
    There are several specific types of industrial abrasives. Bonded 
abrasives are abrasive materials that have been mixed and hardened with 
polymer or phenol formaldehyde resins or other types of fixing agents. 
They are also sometimes affixed to a substrate (most commonly aluminum 
oxide). Coated abrasives are commonly known as sandpaper, sandpaper 
discs, and sanding belts, although the term is used somewhat loosely 
and is occasionally used to include some types of bonded abrasives as 
well.
    Abrasives are also commonly sold in raw or unbonded form for such 
purposes as blasting grit. These materials are sometimes used with 
water to help remove contaminants from the substrate, to wet the 
abrasive, and to reduce dispersion of fine particles (dust). Often 
containing recovered materials, unbonded abrasives can be made from 
steel, coal and metal slag, glass, plastic and natural materials such 
as walnut shells. Superabrasives are abrasives made from only the 
strongest materials or minerals such as garnet or even diamond. These 
are highly specialized and expensive products and are used for heavy 
duty jobs such as compacted rust removal.
2. Rationale for Designation
    EPA has concluded that blasting grit containing recovered materials 
meets the statutory criteria for selecting items for designation.
    a. Use of materials in solid waste. EPA's research suggests that 
the use of recovered materials in blasting grit is already diverting 
millions of tons of solid waste from the waste stream. For example, 
according to the American Coal Ash Association, electric utilities 
produced 2.9 million tons of boiler slag in 1998. Of this amount, 2.1 
million tons were re-used as blasting grit and roofing granules.
    In addition, the use of postconsumer recovered glass in the 
manufacture of blasting abrasives has the potential to significantly 
boost demand for recovered glass. One company that manufactures 
blasting abrasives from recovered glass, for example, has developed a 
glass processing system capable of handling 5,000 to 10,000 tons of 
recovered glass per year. In addition to recovered steel, coal and 
metal slag, and glass, EPA is aware that blasting grit can be 
manufactured from other materials that otherwise would be disposed of 
as part of the municipal solid waste stream, such as plastic and walnut 
shells.
    b. Technically proven uses. EPA identified potential issues 
associated with the use of some recovered materials in blasting grit 
and is requesting comments on whether it should proceed with the 
designation. In particular, there is some evidence that documents 
dangerously high levels of heavy metals in abrasives containing coal 
and mineral slag materials that may present risks to workers. For 
example, a study by NIOSH entitled ``Evaluation of Substitute Materials 
for Silica Sand in Abrasive Blasting'' reveals high concentrations of 
heavy metals present in airborne dust from blasting with copper, 
nickel, and coal slags, as well as several other mineral abrasives.
    EPA regulations do not, however, restrict the use of materials of 
these types or require their management under the RCRA hazardous waste 
management system. Thus, recently, in EPA's final rule on the 
Regulatory Determination on Wastes from the Combustion of Fossil Fuels 
(40 CFR Part 261), issued May 22, 2000, the Agency chose to retain the 
exemption for fossil fuel combustion wastes from the hazardous waste 
management system under RCRA section 3001(b)(3)(C). In addition, EPA 
stated in the final rule that it did not wish to place any unnecessary 
barriers on the beneficial use of fossil fuel combustion wastes for 
applications that conserve natural resources and reduce disposal costs. 
Therefore, EPA is proposing to include blasting grit containing slag 
materials in this designation but recommends that workers using these 
types of abrasives exercise OSHA or other required standard practices 
designed to protect worker health and safety.
    Regarding technical feasibility and performance, abrasive blasting 
grit made from postconsumer recovered glass can be used in most 
conventional blasting equipment. A variety of industry standards 
pertain to industrial abrasives, and all blasting grit products 
containing recovered materials meet these standards. Reference to 
industry standards can be found in the ``Background Document for 
Proposed CPG IV and Draft RMAN IV,'' which is located in the RCRA 
Docket.
    c. Impact of government procurement. Federal, state, and local 
governments purchase large amounts of blasting grit products, but EPA 
was unable to obtain figures on actual amounts purchased. A

[[Page 45270]]

recent search of the ``Commerce Business Daily's'' online database 
turned up six active awards for contracts for the purchase of 
industrial abrasives (all military agencies). In addition, a search of 
the Defense Logistics Agency's Federal Logistics Information System's 
database (http://www.dlis.dla.mil/online.htm) identified 62 types of 
abrasive products currently being purchased by the armed services 
alone. Judging by this information, it is apparent that the federal 
government in particular procures a vast amount of industrial 
abrasives, including blasting grit, either directly, or through 
contracts.

VIII. Where Can Agencies Get More Information on the Availability 
of EPA-Designated Items?

    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, a list of these 
companies will be placed in the RCRA docket for this action and will be 
posted on EPA's Web site. These lists 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 GSA, DLA, state and local 
recycling offices, private corporations, and trade associations. In 
addition, a new Web site has recently been developed that lists all EPA 
designated items and manufacturers, suppliers, and vendors of these 
items. The Web site address is www.greenorder.com>. Refer to Appendix 
II of the document, ``Background Document for Proposed CPG IV and Draft 
RMAN IV,'' located in the RCRA public docket, for more detailed 
information on these sources of information.

IX. Administrative Assessments

A. Executive Order 12866: Regulatory Planning and Review

    Executive Order 12866 requires agencies to determine whether a 
regulatory action is ``significant.'' The Order defines a 
``significant'' regulatory action as one that is likely to result in a 
proposed 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.
    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 today's proposed rule is well below the $100 million 
threshold. EPA has prepared an Economic Impact Analysis (EIA) to 
evaluate the potential impact of today's action. The results of the EIA 
are discussed below. More information on the estimated economic impact 
of today's proposed rule is included in the Economic Impact Analysis 
for this proposed rule. A copy of this document is in the RCRA public 
docket.
1. Summary of Costs
    As shown in Table 2 below, EPA estimates that the annualized costs 
of today's proposed rule will range from $6.5 to $12.8 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 government contractors). These costs 
are annualized over a 10-year period at a three percent discount rate. 
Because there is considerable uncertainty regarding several of the 
parameters that influence the costs, EPA conducted sensitivity analyses 
to identify the range of potential costs of today's proposed 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 today's proposed rule 
are provided in the Economic Impact Analysis for this proposed rule.

 Table 2.--Summary of Annualized Costs of Proposed CPG IV Amendments to
                         All Processing Agencies
------------------------------------------------------------------------
                                                         Best estimate
        Procuring agency           Total annualized    total annualized
                                     costs ($1000)       costs ($1000)
------------------------------------------------------------------------
Federal Agencies................      $8,822--$4,411              $8,822
States..........................        $1,085--$542              $1,085
Local Governments...............      $2,762--$1,556              $2,159
Contractors.....................           $101--$34                 $68
                                 ---------------------------------------
    Total.......................     $12,770--$6,543             $12,134
------------------------------------------------------------------------

    As a result of today's proposed rule, procuring agencies will be 
required to take certain actions pursuant to RCRA section 6002, 
including rule review and implementation; estimation, certification, 
and verification of designated item procurement; and for federal 
agencies, reporting and recordkeeping. The costs shown in Table 2 
represent the estimated annualized costs associated with these 
activities. 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 proposed rule are included in the Economic Impact 
Analysis.
    There may be both positive and negative impacts to individual 
businesses, including small businesses. EPA anticipates that today's 
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

[[Page 45271]]

that run recycling programs are also expected to benefit from increased 
demand for certain materials collected in recycling programs.
    EPA is unable to determine the number of businesses, including 
small businesses, that may be adversely impacted by today's proposed 
rule. If a business currently supplies products to a procuring agency 
and those products are made only out of virgin materials, the 
amendments to the CPG may reduce that company's ability to compete for 
future contracts. However, the amendments to the CPG will not affect 
existing purchase orders, nor will it preclude businesses from adapting 
their product lines to meet new specifications or solicitation 
requirements for products containing recovered materials. Thus, many 
businesses, including small businesses, that market to procuring 
agencies have the option to adapt their product lines to meet 
specifications.
2. Product Cost
    Another potential cost of today's action is the possible price 
differential between an item made with recovered materials and an 
equivalent item manufactured using virgin materials. The relative 
prices of recycled content products compared to prices of comparable 
virgin products vary. In many cases, recycled content products are less 
expensive than similar virgin products. 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. However, the decision to pay more or less for such 
a product is left up to the procuring agency.
3. Summary of Benefits
    EPA anticipates that today's proposed rule will result in increased 
opportunities for recycling and waste prevention. Waste prevention can 
reduce the nation's reliance on natural resources by reducing the 
amount of materials used in making products. Using less raw materials 
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; 1,400 lbs. of 
coal; and 120 lbs. of limestone. Recycling can also reduce greenhouse 
gas emissions associated with manufacturing new products. When compared 
to landfilling, recycling one ton of high density polyethylene, low 
density polyethylene, or polyethylene terephthalate plastic can reduce 
greenhouse gas emissions by up to 0.64 metric tons of carbon equivalent 
(MTCE). In addition to conserving non-renewable resources and reducing 
the environmental impacts associated with resource extraction and 
processing, recycling can also 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 all of 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 
increased purchase of recycled products, locally, regionally, and 
nationally and provide opportunities for businesses involved in 
recycling activities.

B. Regulatory Flexibility Act (RFA), as Amended by the Small Business 
Regulatory Enforcement Act of 1996 (SBREFA), 5 U.S.C. 601 et seq.

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impacts on small entities of today's 
rule, small entity is defined as: (1) a small business as defined by 
RFA default definitions for small business (based on Small Business 
Administration size standards); (2) a small governmental jurisdiction 
that is a government of a city, county, town, school district, or 
special district with a population of less than 50,000; or (3) a small 
organization that is any not-for-profit enterprise that is 
independently owned and operated and is not dominant in its field.
    EPA evaluated the potential costs of its proposed designations to 
determine whether its actions would have a significant impact on a 
substantial number of small entities. In the case of small entities 
that 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 
11 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 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

[[Page 45272]]

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.
    After considering the economic impacts of today's proposed rule on 
small entities, EPA certifies that this action 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 has concluded 
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.

C. 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), Pub. 
L. 104-4, establishes requirements for federal 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, $3.8 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 
$101,000 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 IV 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, $3.8 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, Environmental Defense, Keep America 
Beautiful, and the California Local Government Commission, whose target 
audience includes small governmental entities.
    The requirements do not significantly affect small governments, 
because they are subject to the same requirements as other entities 
whose duties result from today's rule. As discussed above, the expense 
associated with any additional costs to state and local governments is 
not expected to exceed, at the maximum, $3.8 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.

D. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an

[[Page 45273]]

accountable process to ensure ``meaningful and timely input by state 
and local officials in the development of regulatory policies that have 
federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on the states, on the 
relationship between the national government and the states, or on the 
distribution of power and responsibilities among the various levels of 
government.''
    This proposed rule does not have federalism implications. It will 
not have substantial direct effects on the states, on the relationship 
between the national government and the states, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. The proposed rule will not 
impose substantial costs on states and localities. A final rule would 
require procuring agencies to perform certain activities pursuant to 
RCRA section 6002, including rule review and implementation; 
estimation, certification, and verification of designated item 
procurement; and for federal agencies, reporting and record keeping. As 
noted above, EPA estimates that the total annualized costs of today's 
proposed rule will range from $6.5--$12.8 million. EPA's estimate 
reflects the costs of the rule for all procuring agencies (i.e., 
federal agencies, state and local agencies that use appropriated 
federal funds to procure designated items, and government contractors), 
not just states and localities. Thus, the costs to states and 
localities alone will be even lower and not substantial. Thus, 
Executive Order 13132 does not apply to this rule.
    When EPA proposes to designate items in the CPG, information about 
the proposal is distributed to governmental organizations so that they 
can inform their members about the proposals and solicit their 
comments. These organizations include the U.S. Conference of Mayors, 
the National Association of Counties, the National Association of Towns 
and Townships, the National Association of State Purchasing Officials, 
and the American Association of State Highway and Transportation 
Officials. In the spirit of Executive Order 13132, and consistent with 
EPA policy to promote communications between EPA and state and local 
governments, EPA specifically solicits comment on this proposed rule 
from state and local officials.

E. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' ``Policies that have tribal 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal government and the Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal government and Indian tribes.''
    Today's proposed rule does not significantly or uniquely affect the 
communities of Indian tribal governments. The proposed rule does not 
impose any mandate on tribal governments or impose any duties on these 
entities. Accordingly, the requirements of section 3(b) of Executive 
Order 13084 do not apply to this proposal.

F. Executive Order 13045: Protection of Children From Environmental 
Risks and Safety Risks

    Executive Order 13045, entitled ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997), applies to any rule that EPA determines is (1) ``economically 
significant'' 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 effects 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 the 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 proposed rule is not subject to E.O. 13045 because 
it does not involve decisions regarding environmental health or safety 
risks.

G. National Technology Transfer and Advancement Act of 1995

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Pub. L. No. 104-113, Section 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, business practices) that are developed or adopted 
by voluntary consensus standard bodies. The NTTAA directs EPA to 
provide Congress explanations when the Agency decides not to use 
available and applicable voluntary consensus standards.
    This proposed rule does not establish technical standards. 
Therefore, the Agency has not conducted a search to identify 
potentially applicable test methods from voluntary consensus standard 
bodies. As part of this rulemaking effort, EPA has developed guidance 
for procuring agencies to use in complying with section 6002's 
obligation to purchase items with recovered materials content to the 
maximum extent practicable. These recommendations include minimum 
recovered materials content standards and, as previously noted, are 
published today in the companion RMAN for the designated items. In 
developing these recommendations, EPA did consider current voluntary 
consensus standards on recovered materials content.

H. Executive Order 13211: Energy Effects

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 Fed. reg. 28355 (May 22, 2001)) because it 
is not a significant regulatory action under Executive Order 12866.

X. Supporting Information and Accessing Internet

    The index of supporting materials for today's proposed CPG IV 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 IV and Draft RMAN IV,'' 
EPA530-R-01-006, U.S. EPA, Office of Solid Waste and Emergency 
Response, April 2001
    ``Economic Impact Analysis for Proposed Comprehensive Procurement 
Guideline IV,'' EPA530-R-01-008, U.S. EPA, Office of Solid Waste and 
Emergency Response, March 2001.

[[Page 45274]]

    Copies of the following supporting materials are available for 
viewing at the RIC only:
    ``Recovered Materials Product Research for the Comprehensive 
Procurement Guideline IV,'' Draft Report, August 2000.
    To access information electronically go to the CPG Web site at 
www.epa.gov/cpg.

List of Subjects in 40 CFR Part 247

    Environmental protection, Government procurement, Recycling.

    Dated: August 21, 2001.
Christine Todd Whitman,
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. 13101, 58 FR 54911.

    2. In Sec. 247.3, the following definitions are added 
alphabetically:


Sec. 247.3  Definitions.

* * * * *
    Bike racks are free-standing or anchored units that provide a 
method for cyclists to secure their bicycles safely.
* * * * *
    Blasting grit is a type of industrial abrasive used to shape, cut, 
sharpen, polish, or finish surfaces and materials.
* * * * *
    Cenospheres are naturally-occurring waste components of coal fly 
ash.
* * * * *
    Modular threshold ramps are ramps used to modify existing door 
thresholds and other small rises to remove access barriers created by 
differentials in landing levels.
    Nonpressure pipe is pipe used to drain waste and wastewater, to 
vent gases, and to channel cable and conduit in various applications.
    Nylon carpet is carpet containing nylon fibers inserted into a 
layer of woven material and glued into place.
    Nylon carpet backing is a layer of woven or nonwoven nylon material 
used to hold carpet fibers in place and provide structural support.
    Office furniture is furniture typically used in offices, including 
seating, desks, storage units, file cabinets, tables, and systems 
furniture (or ``cubicles'').
* * * * *
    Polyester carpet is carpet containing polyester fibers inserted 
into a layer of woven material and glued into place.
* * * * *
    Rebuilt vehicular parts are vehicular parts that have been 
remanufactured, reusing parts in their original form.
* * * * *
    Roofing materials are materials used to construct a protective 
cover over a structure to shield its interior from the natural 
elements.
* * * * *
    Silica fume is a waste byproduct of alloyed metal production.
* * * * *
    3. In Sec. 247.11, revise paragraph (b) and add paragraph (d) to 
read as follows:


Sec. 247.11  Vehicular products.

* * * * *
    (b) (1) Retread tires, excluding airplane tires.
    (2) Tires containing recovered rubber.
* * * * *
    (d) Rebuilt vehicular parts.
    4. In Sec. 247.12, revise paragraphs (c), (d), and (j) and add 
paragraphs (k), (l), and (m), to read as follows:


Sec. 247.12  Construction products.

* * * * *
    (c) Cement and concrete, including concrete products such as pipe 
and block containing:
    (1) Coal fly ash.
    (2) Ground granulated blast furnace slag (GGBF).
    (3) Silica fume from silicon and ferrosilicon metal production.
    (4) Cenospheres.
    (d)(1) Carpet made from polyester fiber made from recovered 
materials for use in moderate- and heavy-wear applications such as 
single-family housing, private offices, and similar wear applications.
    (2) Carpet made from nylon fiber facing and/or nylon carpet backing 
made from recovered materials.
* * * * *
    (j) Railroad grade crossing surfaces made from cement and concrete 
containing fly ash, recovered rubber, recovered steel, recovered wood, 
or recovered plastic.
    (k) Modular threshold ramps containing recovered steel, rubber, or 
aluminum.
    (l) Nonpressure pipe containing recovered steel, plastic, or 
cement.
    (m) Roofing materials containing recovered steel, aluminum, fiber, 
rubber, plastic or plastic composites, or cement.
    5. In Sec. 247.16, add paragraph (l) to read as follows:


Sec. 247.16  Nonpaper office products.

* * * * *
    (l) Office furniture containing recovered steel, aluminum, wood, 
agricultural fiber, or plastic.
    6. In Sec. 247.17, add paragraphs (h) and (i) to read as follows:


Sec. 247.17  Miscellaneous products.

* * * * *
    (h) Bike racks containing recovered steel or plastic.
    (i) Blasting grit containing recovered steel, coal and metal slag, 
glass, plastic, or walnut shells.

[FR Doc. 01-21567 Filed 8-27-01; 8:45 am]
BILLING CODE 6560-50-P