[Federal Register Volume 68, Number 136 (Wednesday, July 16, 2003)]
[Notices]
[Pages 42040-42043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17896]


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ENVIRONMENTAL PROTECTION AGENCY

[RCRA-2003-0013; SWH-FRL-7527-9]


Recovered Materials Advisory Notice

AGENCY: Environmental Protection Agency.

ACTION: Notice of data availability.

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SUMMARY: On August 28, 2001, the U.S. Environmental Protection Agency 
(EPA or the Agency) proposed to designate nylon carpet in its 
Comprehensive Procurement Guideline IV (CPG IV). On that same day, EPA 
issued a Draft Recovered Materials Advisory Notice IV (RMAN IV) for 
nylon carpet. The RMAN provides guidance to procuring agencies for 
purchasing items designated in the CPG. Specifically, Table C-4 of the 
draft RMAN IV contained recommended recovered materials content ranges 
for use by procurement officials when buying nylon carpet containing 
recovered materials and/or nylon carpet with backing made from 
recovered materials.
    Today's action announces the availability of information submitted 
both during and after the close of the public comment period for the 
draft RMAN IV for nylon carpet, provides a summary of the revisions EPA 
is considering making to the draft RMAN for nylon carpet as a result of 
comments received, and requests comments both on the information 
submitted and on the revisions being considered for the RMAN on nylon 
carpet. EPA will consider information and data submitted in response to 
this notice when issuing the final RMAN recommendations for nylon 
carpet.
    EPA notes that in the August 28, 2001 rulemaking notice, 10 other 
items were proposed for designation in the CPG. The agency is currently 
reviewing comments received on those proposed designations and will be 
issuing a separate rulemaking notice for those items in the near 
future.

DATES: EPA will accept public comments on this Notice of Data 
Availability until September 2, 2003.

ADDRESSES: Comments may be submitted electronically, by mail, or 
through hand delivery/courier. Follow the detailed instructions as 
provided in Unit I.B of the SUPPLEMENTARY INFORMATION section.

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 pertaining to this 
notice, contact Sue Nogas at (703) 308-0199.

SUPPLEMENTARY INFORMATION: 

I. General Information

A. How Can I Get Copies of This Document and Other Related Information?

    1. Docket. EPA has established an official public docket for the 
materials discussed in this notice under Docket ID No. RCRA-2003-0013. 
The official public docket consists of the documents specifically 
referenced in this action, any public comments received, and other 
information related to this action. Although a part of the official 
docket, the public docket does not include Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. The official public docket is the collection of materials 
that is available for public viewing at the RCRA Docket in the EPA 
Docket Center, (EPA/DC) EPA West, Room B102, 1301 Constitution Ave., 
NW., Washington, DC. The EPA Docket Center Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the RCRA Docket is (202) 566-
0270. Copies cost $.15 per page.
    2. Electronic Access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Once in the system, select ``search,'' 
then key in the appropriate docket identification number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. EPA's policy is that copyrighted material will not be 
placed in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. To the extent 
feasible, publicly available docket materials will be made available in 
EPA's electronic public docket. When a document is selected from the 
index list in EPA Dockets, the system will identify whether the 
document is available for viewing in EPA's electronic public docket. 
Although not all docket materials may be available electronically, you 
may still access any of the publicly available docket materials through 
the docket facility identified in Unit I.A.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the Docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.

B. How and To Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket identification number in the subject line on the 
first page of your comment. Please ensure that your comments are 
submitted within the specified comment period. Comments received after 
the close of the comment period will be marked ``late.'' EPA will 
consider late comments if time permits.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. This ensures that you can be identified as the 
submitter of the

[[Page 42041]]

comment and allows EPA to contact you in case EPA cannot read your 
comment due to technical difficulties or needs further information on 
the substance of your comment. EPA's policy is that EPA will not edit 
your comment, and any identifying or contact information provided in 
the body of a comment will be included as part of the comment that is 
placed in the official public docket, and made available in EPA's 
electronic public docket. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment.
    i. EPA Dockets. Your use of EPA's electronic public docket to 
submit comments to EPA electronically is EPA's preferred method for 
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket, and follow the online instructions for submitting comments. To 
access EPA's electronic public docket from the EPA Internet Home Page, 
select ``Information Sources,'' ``Dockets,'' and ``EPA Dockets.'' Once 
in the system, select ``search,'' and then key in Docket ID No. RCRA-
2003-0013. The system is an ``anonymous access'' system, which means 
EPA will not know your identity, e-mail address, or other contact 
information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected], Attention Docket ID No. RCRA-2003-0013. In 
contrast to EPA's electronic public docket, EPA's e-mail system is not 
an ``anonymous access'' system. If you send an e-mail comment directly 
to the Docket without going through EPA's electronic public docket, 
EPA's e-mail system automatically captures your e-mail address. E-mail 
addresses that are automatically captured by EPA's e-mail system are 
included as part of the comment that is placed in the official public 
docket, and made available in EPA's electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Unit I.B.2. These 
electronic submissions will be accepted in WordPerfect or ASCII file 
format. Avoid the use of special characters and any form of encryption.
    2. By Mail. Send an original version of your comments to: RCRA 
Docket, Environmental Protection Agency, Mailcode: 5305T, 1200 
Pennsylvania Ave., NW., Washington, DC 20460, Attention Docket ID No. 
RCRA-2003-0013.
    3. By Hand Delivery or Courier. Deliver your comments to: EPA 
Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Ave., 
NW., Washington, DC. Attention Docket ID No. RCRA-2003-0013. Such 
deliveries are only accepted during the Docket's normal hours of 
operation as identified in Unit I.A.1.

C. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically through EPA's electronic public docket. Send or deliver 
information identified as CBI only to the following address: Document 
Control Officer (5305T), Office of Solid Waste, U.S. Environmental 
Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460, Attention Docket ID No. RCRA-2003-0013. You may 
claim information that you submit to EPA as CBI by marking any part or 
all of that information as CBI. Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the public docket and EPA's electronic public docket. Information 
not marked as CBI will be included in the public docket and EPA's 
electronic public docket without prior notice. If you have any 
questions about CBI or the procedures for claiming CBI, please consult 
the person identified in the FOR FURTHER INFORMATION CONTACT section.

D. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate docket 
identification number in the subject line on the first page of your 
response. It would also be helpful if you provided the name, date, and 
Federal Register citation related to your comments.

II. What Is the Subject of Today's Action?

    EPA is requesting comments on the information submitted in response 
to the draft RMAN for nylon carpet and is also requesting comments on 
the revisions EPA is considering making to the RMAN as a result of 
public comments. Section V, below, shows what revisions the agency is 
considering for the final RMAN for nylon carpet. Section VI requests 
comments on these revisions and other issues raised in response to the 
draft RMAN.

III. What Did EPA Recommend for Nylon Carpet in the Draft RMAN IV?

    In Table C-4 of the draft RMAN IV, EPA recommended separate 
recovered materials content ranges for nylon carpet face fiber and 
nylon carpet backing (66 FR 45301, August 28, 2001). These 
recommendations are reproduced below. Although the draft RMAN IV 
contained recommendations for polyester carpet, today's action only 
pertains to the nylon carpet recommendations made in the draft RMAN IV. 
EPA received no comment on the draft RMAN for polyester carpet. 
Therefore the draft recommendations for polyester carpet will be 
addressed in the final RMAN IV.

  Table C-4.--Recommendations for Polyester Carpet and Recommended Recovered Materials Content Levels for Nylon
                                     Carpet Facing and Nylon Carpet Backing
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                                                                                                       Total
                                                                                   Postconsumer      recovered
             Product                                  Material                      content (%)      materials
                                                                                                    content (%)
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Polyester carpet face fiber......  PET..........................................          25-100          25-100
Nylon carpet face fiber..........  Old carpets..................................           1-100          25-100

[[Page 42042]]

 
Nylon carpet backing.............  Vinyl........................................           35-70            100
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Notes: EPA's recommendations do not preclude a procuring agency from purchasing carpet made from other materials
  such as acrylic or wool. They simply require that procuring agencies, when purchasing nylon carpet, purchase
  it with recovered materials in either the fiber facing or the backing, or both, when it meets applicable
  specifications and performance requirements and when purchasing polyester carpet, purchase it with recovered
  materials in the fiber facing when it meets applicable specifications and performance requirements.
The nylon carpet recommendations would also include ``renewed'' nylon carpet, which is cleaned, retextured,
  recolored, or otherwise reused to produce a new nylon carpet product.

IV. What Comments Did EPA Receive on the Proposed CPG IV and the Draft 
RMAN for Nylon Carpet?

    EPA received a number of comments on its proposed comprehensive 
procurement guideline for nylon carpet and its recovered materials 
content recommendations for nylon carpet face fiber and nylon carpet 
backing contained in the draft RMAN IV published on August 28, 2001 (66 
FR 45297). Many commenters generally supported the designation of nylon 
carpet in the federal procurement guideline program and were generally 
supportive of EPA's recycled-content recommendations. However, some 
commenters recommended that EPA not designate nylon carpet at all, 
while others suggested that EPA not include traditional broadloom 
carpet in the guideline. Several commenters provided new information 
that suggested an alternative approach: that EPA should provide RMAN 
recommendations for the different types of nylon carpet (e.g., 
broadloom vs. tiles or modular, and traditional broadloom vs. 
performance broadloom) and designate and/or provide recovered materials 
content recommendations for the entire nylon carpet product rather than 
issue separate recommendations for the fiber face and backing.
    Eight commenters raised concern over the availability of recovered 
nylon for producing face fiber for nylon carpet, stating that the 
closure of the Evergreen nylon recycling facility would seriously 
impact the availability of recovered nylon face fiber. One commenter 
stated that closing of the Evergreen facility left no practical options 
for incorporating postconsumer nylon into new nylon carpet face fiber 
and that the remaining sources of recovered material feedstock for 
nylon carpet are post-industrial in nature and are not enough to 
satisfy EPA's criteria for designating a product. Commenters pointed 
out that using recycled content in traditional broadloom would be of 
particular concern since traditional broadloom carpet does not have a 
structured backing that could easily incorporate recycled content and, 
therefore, most of the recycled content would have to be in the fiber 
face. Three commenters disagreed with this point of view and stated 
that the closure of the Evergreen facility should not prevent EPA from 
going forward with its designation because other fiber manufacturers 
have the ability to produce recovered content fiber with reasonable 
postconsumer levels. Some commenters questioned whether EPA should 
include recycled-content recommendations at all for traditional 
broadloom carpets, and one set of comments from members of the carpet 
industry questioned whether EPA should designate nylon carpet or issue 
recycled-content recommendations as part of the federal CPG program. 
These commenters claim that focusing on recycled content in nylon 
carpet could be inconsistent with the broader product stewardship goals 
established in industry environmental programs such as the Carpet 
America Recovery Effort (CARE) and could also divert scarce resources 
from such programs. The concerns from these commenters are that a 
postconsumer content requirement would foster the use of heavy weight 
backing products with postconsumer material as a filler and that, when 
broader issues of energy, emissions and other resources are taken into 
consideration, recycled content carpets are not always environmentally 
preferred over non-recycled content carpets. Another commenter stated 
that the development of an end of life recovery infrastructure has to 
precede the broad availability of postconsumer recycled materials for 
manufacturing.
    One commenter believes EPA improperly restricted nylon backing 
products to those made from PVC or vinyl. The commenter believes that 
the recovered material used in the backing should not be limited to PVC 
or vinyl, because other technologies utilize other types of recovered 
material in nylon carpet backing and there are many other recovered 
nylon materials and products that can and are being used in the 
manufacture of carpet backing. (These include old carpets containing 
urethane, fiberglass or latex.)
    Four organizations submitted comments on fly ash (used as a filler 
material and substitute for calcium carbonate or limestone feedstock) 
as a recovered material in nylon carpet. Some requested that EPA not 
accept fly ash as a recovered material for nylon carpet while others 
believe that EPA should not restrict the types of recovered materials 
that make up carpet.
    A number of commenters suggested recovered materials content ranges 
that EPA should consider in making final RMAN recommendations for nylon 
carpet. Since EPA had proposed separate recovered content 
recommendations for nylon fiber face and backing, many of the 
commenters recommended recovered materials content ranges for each 
carpet component (i.e., fiber face and backing, separately). Some 
commenters recommended recycled content ranges for the entire carpet 
(i.e., fiber face and backing combined). Copies of all of the comments 
submitted to EPA in response to the draft RMAN IV of August 2001 are 
located in the RCRA public docket in docket number F-2001-CP4P-FFFFF. 
See SUPPLEMENTARY INFORMATION section above for information on how to 
view or obtain copies of these comments. Based on the additional 
information provided in these comments, EPA is considering alternative 
approaches for nylon carpet, including the possibility of revised 
recommendations for recycled content based on the entire carpet instead 
of its components in the final RMAN. Section V, below, provides a 
summary of one possible approach.

V. A Possible Approach for Nylon Carpet

    Based on the public comments received on the draft RMAN IV for 
nylon carpet (66 FR 45301, dated

[[Page 42043]]

August 28, 2001), EPA is considering revising its approach to nylon 
carpet.\1\
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    \1\ The Agency will respond to all comments on nylon carpet, 
including those submitted on the August 28, 2001 proposed CPG IV and 
draft RMAN IV, when it makes a final decision regarding the CPG and 
RMAN for nylon carpet.
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    One possible approach, suggested by several commenters, is for EPA 
to issue recommendations for the nylon carpet face fiber and the nylon 
carpet backing as one product. Recommending recovered materials content 
levels for the entire carpet product (i.e., carpet facing and backing 
combined) may give manufacturers more flexibility to incorporate 
recovered materials into nylon carpet products, while still realizing a 
significant environmental benefit. A number of commenters also 
suggested that EPA issue recommendations that distinguish among various 
nylon carpet products, such as performance broadloom, new carpet tiles 
(i.e., modular), and refurbished carpet tiles (modular). EPA believes 
there may be merit to issuing recommendations in this manner, 
considering the technical and structural differences in these products. 
EPA might also consider recommending total recovered content levels, 
and not postconsumer content levels, for traditional broadloom carpet.
    The table below shows possible revisions to EPA's draft RMAN 
recommendations for nylon carpet. EPA will take into consideration this 
and other possible approaches if it issues final RMAN recommendations 
for nylon carpet. The recovered materials content ranges shown in the 
table were developed after review of all of the recovered materials 
content ranges provided by commenters, whether commenters suggested 
recovered materials content ranges for face fiber and backing 
separately or recovered materials content ranges for face fiber and 
backing combined.

                  Possible Recommended Recovered Materials Content Levels for Nylon Carpet \1\
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                                                                                             %         % Total
                                                  Material (component into which the   Postconsumer   recovered
                    Product                          material will get recycled)        content \3\  content \3\
                                                                                            \4\          \4\
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Nylon carpet (performance broadloom) \2\......  Nylon (fiber face) Old carpets \5\             8-25        30-60
                                                 (structured backing) Vinyl
                                                 (structured backing).
Nylon carpet (new modular)....................  Nylon (fiber face) Old carpets \5\             8-25        30-60
                                                 (structured backing) Vinyl
                                                 (structured backing).
Nylon carpet (refurbished modular)............  Old carpet tiles.....................        90-100       90-100
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\1\ These recommendations would not preclude a procuring agency from purchasing carpet made from other materials
  such as acrylic or wool. They would simply require that procuring agencies, when purchasing nylon carpet,
  purchase it with recovered materials when it meets applicable specification and performance requirements.
\2\ Performance nylon carpet products, which may include broadloom and modular carpet (tiles), are structured
  back products that have secondary backings made of urethane, polypropylene, vinyl, or a ``hot melt'' coating.
  Some of the materials used in this secondary backing may be recovered. Therefore, the recovered material
  content ranges here are inclusive of both the fiber face and backing.
\3\ EPA's carpet recommendations are expressed as percentage, by weight, of the entire carpet.
\4\ EPA's recommendations would exclude materials that serve as fillers and binding agents (e.g., coal fly ash)
  as counting toward the recovered material content requirement for this designation.
\5\ Old carpets may contain a variety of materials, including, but not limited to, nylon, polyurethane (PUR),
  polypropylene (PP), polyethylene (PE), polyethylene terephthalate (PET), latex, vinyl, and fiberglass.

VI. What Comments Is EPA Requesting?

    EPA requests comments, including additional supporting 
documentation and information, on the following topics, as well as any 
other topics that commenters want to address: (1) The recovered 
materials content ranges (both postconsumer content and total recovered 
materials content); (2) the delineation of carpet products (e.g., 
broadloom vs. modular/tile, and traditional broadloom vs. performance 
broadloom); (3) any quantifiable data to address the availability of 
postconsumer and total recovered content nylon for use in nylon face 
fiber and/or backing; (4) whether including nylon carpet in the CPG is 
inconsistent with environmental goals established in other industry 
environmental programs such as the Carpet America Recovery Effort 
(CARE); and (5) whether the agency should or should not recommend 
recycled content for traditional broadloom carpets and, if it does, 
whether both postconsumer and total recovered content recommendations 
should be made. EPA requests that any comments submitted regarding 
recycled content include recommended recycled content ranges and some 
rationale or justification for those recommended ranges.

    Dated: July 8, 2003.
Matthew Hale,
Deputy Director, Office of Solid Waste.
[FR Doc. 03-17896 Filed 7-15-03; 8:45 am]
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