[Federal Register Volume 68, Number 237 (Wednesday, December 10, 2003)]
[Notices]
[Pages 68919-68922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30267]


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ENVIRONMENTAL PROTECTION AGENCY

[RCRA-2003-0006; SWH-FRL-7595-1]


Recovered Materials Advisory Notice V

AGENCY: Environmental Protection Agency.

ACTION: Notice of draft document for review.

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SUMMARY: The Environmental Protection Agency (EPA or the Agency) today 
is providing notice of the issuance of a draft Recovered Materials 
Advisory Notice (RMAN V). The RMAN provides guidance to procuring 
agencies for purchasing certain items containing recovered materials. 
Under section 6002 of the Resource Conservation and Recovery Act of 
1976, EPA designates items that are or can be made with recovered 
materials and provides recommendations for the procurement of these 
items. Elsewhere in today's Federal Register, EPA is proposing to 
revise the current compost designation to include compost made from 
manure or biosolids, and designate fertilizers made from recovered 
organic materials. Also in that Federal Register notice, EPA is 
proposing to consolidate all compost designations under one item called 
``compost made from recovered organic materials.''

DATES: EPA will accept public comments on the recommendations contained 
in the draft RMAN V until February 9, 2004.

ADDRESSES: Comments may be submitted electronically, by mail, or 
through hand delivery/courier. OSWER Docket, EPA Docket Center, 
Environmental Protection Agency, Mailcode: 5305T, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460, Attention Docket ID No. RCRA-2003-
0006. 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 on individual item 
recommendations, 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 this 
action under Docket ID No. RCRA-2003-0006. 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 OSWER 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 
OSWER Docket is (202) 566-0270.
    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 is not 
required to consider these later comments. However, late comments may 
be considered 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 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

[[Page 68920]]

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 theEPA Internet home page, 
select ``Information Sources,'' ``Dockets,'' and ``EPA Dockets.'' Once 
in the system, select ``search,'' and then key in Docket ID No. RCRA-
2003-0006. 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-2003-0006. 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 your comments to: OSWER Docket, EPA Docket Center, 
Environmental Protection Agency, Mailcode: 5305T, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460, Attention Docket ID No. RCRA-2003-
0006.
    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-2003-0006. 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 (5305W), Office of Solid Waste, U.S. Environmental 
Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460, Attention Docket ID No. RCRA-2003-0006. 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 Statutory Authority for This Proposed Action?

    The draft Recovered Materials Advisory Notice (RMAN V) is issued 
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 (RCRA), as amended; and 42 U.S.C. 6912(a) and 2962. EPA is also 
issuing draft RMAN V to comply with section 502 of Executive Order 
13101, ``Greening the Government Through Waste Prevention, Recycling, 
and Federal Acquisition'' (63 FR 49643, September 14, 1998).

III. What Is the Background for This Proposed Action?

    Section 6002 of RCRA establishes a Federal buy-recycled program. 
RCRA section 6002(e) requires EPA to (1) designate items that are or 
can be made with recovered materials and (2) prepare guidelines to 
assist procuring agencies in complying with affirmative procurement 
requirements set forth in paragraphs (c), (d), and (i) of section 6002. 
Once EPA has designated items, section 6002 requires that any procuring 
agency using appropriated Federal funds to procure those items must 
purchase them composed of the highest percentage of recovered materials 
practicable. For the 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 RCRA 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.
    Executive Order 13101 directs EPA to designate items in a 
Comprehensive Procurement Guideline (CPG) and publish guidance that 
contains EPA's recommended recovered content levels for the designated 
items in the RMANs. The Executive Order further directs EPA to update 
the CPG every 2 years and the RMANs periodically to reflect changes in 
market conditions. EPA codifies the CPG designations in the Code of 
Federal Regulations (CFR), but because the recommendations are 
guidance, the RMANs are not codified in the CFR. This process enables 
EPA to revise its recommendations in response to changes in a product's 
availability or recovered materials content so as to provide timely 
assistance to procuring agencies in fulfilling their RCRA section 6002 
responsibilities.
    The first CPG (CPG I) was published on May 1, 1995 (60 FR 21370): 
It established eight product categories, designated 19 new items in 
seven of

[[Page 68921]]

those categories, and consolidated five earlier item designations.\1\ 
At the same time, EPA also published a notice of availability of 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 notice (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 notice (65 FR 3082). On August 28, 2001, EPA 
published a proposed CPG IV (66 FR 45256), which proposed to designate 
an additional 11 items. At the same time, EPA published a draft RMAN IV 
notice (66 FR 45297). EPA expects to promulgate the final CPG IV and 
sign a notice concerning the availability of RMAN IV in the near 
future. For more information on CPG, go to the EPA Web site at http://www.epa.gov/cpg/.
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    \1\ Between 1983 and 1989, EPA issued five guidelines for the 
procurement of products containing recovered materials, which were 
previously codified at 40 CFR parts 248, 249, 250, 252, and 253. 
These products include cement and concrete containing fly ash, paper 
and paper products, re-refined lubricating oils, retread tires, and 
building insulation.
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    Today, in CPG V, EPA is proposing to revise the current compost 
designation to include compost made from manure or biosolids, and 
designate fertilizers made from recovered organic materials. EPA is 
also proposing to consolidate all compost designations under one item 
called ``compost made from recovered organic materials.'' Once 
finalized, today's RMAN V will serve as companion guidance to the 
previous RMANs.
    EPA, once again, wants to stress that the recommendations in this 
notice are just that--recommendations and guidance to procuring 
agencies in fulfilling their obligations under RCRA section 6002. The 
designation of an item as one that is or can be produced with recovered 
materials and the inclusion of recommended content levels for an item 
in the RMAN does not compel the procurement of an item when the item is 
not suitable for its intended purpose. RCRA section 6002 is explicit in 
this regard when it authorizes a procuring agency not to procure a 
designated item which ``fails to meet the performance standards set 
forth in the applicable specification or fails to meet the reasonable 
performance standards of the procuring agencies.'' Section 6002(1)(B), 
42 U.S.C. 6962(c)(B).

A. What Is the Methodology for Recommending Recovered Materials Content 
Levels?

    In providing guidance in the RMANs, the Executive order directs EPA 
to present ``the range of recovered materials content levels within 
which the designated recycled items are currently available.'' Based on 
the information available to the Agency, EPA generally recommends 
ranges that encourage manufacturers to incorporate the maximum amount 
of recovered materials into their products without compromising 
competition or product performance and availability. EPA recommends 
that procuring agencies use these ranges, in conjunction with their own 
research, to establish minimum content standards for use in purchasing 
the designated items. EPA generally recommends ranges rather than 
minimum content standards. The items for which recommendations are 
being proposed today are generally made exclusively from recovered 
materials (e.g., manure, biosolids, etc.). Therefore, recommended 
ranges of recovered materials are not appropriate for these items.
    EPA reviewed publicly available information, information obtained 
from product manufacturers, and information provided by other 
government agencies regarding the use of recovered materials in the 
items proposed for designation in CPG V.
    More information on EPA's methodology for issuing RMANs in 
contained in ``Background Document for Proposed CPG V and Draft RMAN 
V,'' found in the RCRA public docket for this notice and on EPA's CPG 
Web site at http://www.epa.gov/cpg.

B. What Are the Definitions of Terms Used in This Proposed Action?

    Definitions for the revised definition of ``compost'' and the new 
definition of ``organic fertilizer'' covered in this RMAN V are 
included in the proposed CPG V published in the proposed rule section 
of today's Federal Register.

C. What Comments Is EPA Requesting?

    EPA requests comments, including additional supporting 
documentation and information, on the types of recovered materials 
identified in the item recommendations, and other recommendations, 
including specifications, for purchasing the designated items 
containing recovered materials.

IV. Supporting Information and Accessing Internet

    The index of supporting materials for today's proposed CPG V is 
available in the OSWER Docket and on the Internet. The address and 
telephone number of the OSWER Docket are provided in the SUPPLEMENTARY 
INFORMATION section above. To access information on the Internet, go to 
the EPA Dockets Web site at http://www.epa.gov/edocket/. The index and 
the following supporting materials are available in the OSWER Docket 
and on the Internet:
    ``Background Document for Proposed CPG V and Draft RMAN V,'' U.S. 
EPA, Office of Solid Waste and Emergency Response, March 2003.
    Copies of the following supporting materials are available for 
viewing at the OSWER Docket only:
    ``Recovered Materials Product Research for the Comprehensive 
Procurement Guideline V,'' Draft Report, December 2002.

    Dated: November 25, 2003.
Michael O. Leavitt,
Administrator.

Recovered Materials Advisory Notice V

    The following represents EPA's recommendations to procuring 
agencies for purchasing the items designated by EPA in the 
Comprehensive Procurement Guideline V (CPG V), in compliance with 
section 6002 of the Resource Conservation and Recovery Act (RCRA) and 
Executive Order 13101. These recommendations are interested to be used 
in conjunction with RMAN I (60 FR 21386, May 1, 1995), the Paper 
Products RMAN (61 FR 26985, May 29, 1996), the Paper Products RMAN II 
(63 FR 31214, June 8, 1998), RMAN II (62 FR 60975, November 13, 1997), 
RMAN III (65 FR 3082, January 19, 2000), and RMAN IV, once it is 
issued. Refer to the previous RMANs or the Code of Federal Regulations 
at 40 CFR part 247 for definitions, general recommendations for 
affirmative procurement programs, and recommendations for previously 
designated items. EPA has a Web site for the CPG program that provides 
information on all designated items and RMAN recommendations, including 
a consolidated RMAN. This information can be found at www.epa.gov/epg.

Contents

I. General Recommendations
II. Specific Recommendations for Procurement of Designated Items
Part F. Landscaping Products
    Section F-2. Compost Made From Recovered Organic Materials 
(Revised).
    Section F-6. Fertilizers Made From Recovered Organic Materials.

I. General Recommendations

    General recommendations for definitions, specifications, and 
affirmative procurement programs can

[[Page 68922]]

be found in the May 1, 1995 RMAN (60 FR 21386).

II. Specific Recommendations for Procurement of Designated Items

    Recommendations for purchasing previously-designated items can be 
found in RMAN I (May 1, 1995); RMAN II (November 13, 1997); RMAN III 
(January 19, 2000); and the Paper Products RMAN's (May 29, 1996, and 
June 8, 1998).
Part F--Landscaping Products

Section F-2. Compost Made From Recovered Organic Materials (Revised)

    Note: EPA previously designated yard trimmings compost in CPG I 
and food waste compost in CPG III. The proposed CPG V discusses the 
use of compost made from manure or biosolids. The final CPG V would 
consolidate all previous and proposed compost designations under one 
item called ``compost made from recovered organic materials.'' These 
materials could include yard trimmings, food waste, manure, 
biosolids, or other recovered organic materials that can be 
composted. Following are EPA's revised recommendations for 
purchasing compost. When EPA issues final recommendations for 
purchasing composts made from recovered organic materials, procuring 
agencies should substitute them for the recommendations found in 
section F-2 of RMAN III.


    Preference Program: EPA recommends that procuring agencies purchase 
or use mature compost made from recovered organic materials in such 
applications as landscaping, seeding of grass or other plants on 
roadsides and embankments, as nutritious mulch under trees and shrubs, 
and in erosion control and soil reclamation. Mature compost is defined 
as a thermophilic converted product with high humus content, which can 
be used as a soil amendment and can also be used to prevent or 
remediate pollutants in soil, air, and storm water run-off.
    EPA further recommends that those procuring agencies that have an 
adequate volume of organic materials, as well as sufficient space for 
composting, should implement a composting system to produce compost 
from these materials to meet their landscaping and other needs.
    Specifications: EPA recommends that procuring agencies refer to the 
U.S. Composting Council's Test Methods for the Examination of 
Composting and Compost (TMECC) at www.compostingcouncil.org, which are 
standardized methods for the composting industry to test and evaluate 
compost and verify the physical, chemical, and biological 
characteristics of composting source materials and compost products. 
The TMECC also includes material testing guidelines to ensure product 
safety and market claims. Procuring agencies should also check for 
individual state regulations on the use of compost.
    The U.S. Department of Transportation's ``Standard Specifications 
for Construction of Roads and Bridges on Federal Highway Projects 
1996'' specifies compost as one of the materials suitable for use in 
roadside revegetation projects associated with road construction.
    EPA issued regulations in 1993 that limit the pollutants and 
pathogens in biosolids, entitled ``The Standards for the Use or 
Disposal of Sewage Sludge,'' otherwise known as ``the Part 503 
Biosolids Rule'' (40 CFR part 503). If biosolids are included as part 
of the compost, the processing and product are subject to the Part 503 
Biosolids Rule Class A specifications for the highest level of pathogen 
and vector control (as described in section 2.3.1 of part 503) and 
specific metals limits, the compost product can be widely used, like 
any other fertilizer or soil-conditioning product.
    Finally, EPA recommends that procuring agencies ensure that there 
is no language in their specifications relating to landscaping, soil 
amendments, erosion control, or soil reclamation that would preclude or 
discourage the use of compost made from recovered organic materials.

Section F-6. Organic Fertilizers

    Note: Although fertilizer has some qualities similar to compost, 
for the purposes of the CPG, compost is considered a separate 
designation.


    Preference Program: EPA recommends that procuring agencies purchase 
or use fertilizers made from recovered organic materials in such 
applications as agriculture and crop production, landscaping, 
horticulture, parks and other recreational facilities, on school 
campuses, and for golf course and turf maintenance.
    Specifications: EPA recommends procuring agencies refer to the 
Organic Materials Review Institute (OMRI) at www.omri.org, which has 
developed guidelines and lists of materials allowed and prohibited for 
use in the production, processing, and handling of organically grown 
products. Procuring agencies should also check for individual state 
regulations on the use of organic fertilizers.
    In addition, as mentioned above, biosolids can be used in the 
production of organic fertilizer and must meet the requirements 
specified in EPA's Part 503 Biosolids Rule before they can be 
beneficially used. The 40 CFR part 503 Biosolids Rule land application 
requirements ensure that any biosolids that are land applied contain 
pathogens and metals that are below specified levels to protect the 
health of humans, animals, and plants.
    In proposing to designate fertilizers made from recovered organic 
materials in the CPG, EPA is not placing any limitations on the organic 
materials, but rather is relying on federal, state, and local 
regulations and guidance, as well as existing industry standards. EPA 
is requesting comment on whether it should place any limitations on the 
recovered organic materials contained in the fertilizers that the 
Agency is today proposing to designate in the CPG, and on what those 
limitations should be. EPA is also seeking comment and information on 
any other specifications which we should recommend that pertain to 
fertilizers made with recovered organic materials.
    Finally, EPA recommends that procuring agencies ensure that there 
is no language in their specifications relating to landscaping or soil 
treatment that would preclude or discourage the use of fertilizers made 
from recovered organic materials.

[FR Doc. 03-30267 Filed 12-9-03; 8:45 am]
BILLING CODE 6560-50-M