[Federal Register Volume 69, Number 84 (Friday, April 30, 2004)]
[Notices]
[Pages 24039-24050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9865]



  Federal Register / Vol. 69, No. 84 / Friday, April 30, 2004 / 
Notices  

[[Page 24039]]


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ENVIRONMENTAL PROTECTION AGENCY

[RCRA-2001-0047; SWH-FRL-7655-1]


Recovered Materials Advisory Notice IV

AGENCY: Environmental Protection Agency.

ACTION: Notice of availability of final document.

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SUMMARY: The Environmental Protection Agency is providing notice of the 
availability of the final Recovered Materials Advisory Notice IV (RMAN 
IV) and supporting materials. The final RMAN IV contains EPA's 
recommendations for purchasing seven newly designated items and three 
revised items presented in the final Comprehensive Procurement 
Guideline IV, which is published elsewhere in today's Federal Register. 
The final RMAN IV also contains revised recommendations for two other 
previously designated items. This action will help use government 
purchasing power to stimulate the use of recovered materials in the 
manufacture of products and expand markets for those recovered 
materials. EPA designates items that are or can be made with recovered 
materials and provides recommendations for the procurement of these 
items under the authority of the Resource Conservation and Recovery Act 
of 1976 (RCRA). The seven newly designated items for which EPA is 
making recommendations include: modular threshold ramps; nonpressure 
pipe; roofing materials; office furniture; rebuilt vehicular parts; 
bike racks; and blasting grit. The five items for which EPA is making 
revised recommendations include: cement and concrete; polyester carpet; 
railroad grade crossing surfaces; latex paint; and retread tires.

EFFECTIVE DATES: These recommendations apply to the seven new items 
(i.e., modular threshold ramps; nonpressure pipe; roofing materials; 
office furniture; rebuilt vehicular parts; bike racks; and blasting 
grit) whose designations are effective May 2, 2005, as well as to the 
five items that were previously designated (i.e., cement and concrete, 
polyester carpet, railroad-grade crossing surfaces, latex paint, and 
retread tires).

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 Terry Grist at (703) 308-7257 or 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-2001-0047. 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. Copies cost $0.15/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 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. 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 above. Once in 
the system, select ``search,'' then key in the appropriate docket 
identification number.

Preamble Outline

I. What Is the Statutory Authority for This Action?
II. Why Is EPA Taking This Action?
III. What Are the Definitions of Terms Used in This Action?
IV. What Did Commenters Say About the Recommendations in the Draft 
RMAN IV?
    A. Item-Specific Comments
    1. Polyester Carpet
    2. Cement and Concrete Containing Cenospheres and Silica Fume
    3. Nylon Carpet and Nylon Carpet Backing
    4. Roofing Materials
    5. Office Furniture
    6. Blasting Grit
V. Supporting Information and Accessing Internet

I. What Is the Statutory Authority for This Action?

    EPA is issuing the Recovered Materials Advisory Notice IV (RMAN IV) 
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, 42 U.S.C. 6912(a) and 6962; and Executive 
Order (E.O.) 13101 (63 FR 49643, September 14, 1998).

II. Why Is EPA Taking This 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 produced 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 designates an item, section 6002 requires that any procuring 
agency using appropriated Federal funds to procure that item must 
purchase it 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; and (3) 
any contractors with these agencies (with respect to work performed 
under the contract). The requirements of section 6002 apply to 
procuring agencies only when procuring a designated item where the 
price of the item exceeds $10,000 or when the quantity of the item, or 
functionally equivalent items, purchased in the previous year exceeded 
$10,000.
    Executive Order 13101 (63 FR 49643, September 14, 1998) requires 
EPA to designate items in a Comprehensive Procurement Guideline (CPG) 
and publish guidance that contains EPA's recommended recovered 
materials content levels for the designated items in Recovered 
Materials Advisory Notices (RMAN). The Executive Order (E.O.) also 
requires EPA to update the CPG every two years and the RMAN 
periodically to reflect changes in market conditions. EPA codifies the 
CPG designations in the Code of Federal Regulations (CFR), but, because 
the

[[Page 24040]]

recommendations are guidance, the RMAN is not codified in the CFR. This 
process allows EPA to revise its recommendations in a timely manner and 
in response to changes in a product's availability or recovered 
materials content.
    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 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). 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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    The 11 items EPA proposed for designation in the proposed CPG IV 
were: cement and concrete containing cenospheres; cement and concrete 
containing silica fume; modular threshold ramps; nonpressure pipe; 
nylon carpet and nylon carpet backing; roofing materials; office 
furniture; rebuilt vehicular parts; tires; bike racks; and blasting 
grit. The proposed designations of cement and concrete containing 
cenospheres and silica fume are actually proposed revisions to the 
existing designation of cement and concrete containing coal fly ash and 
ground granulated blast furnace slag. Consequently, today EPA is 
publishing recommendations for seven of the originally proposed items: 
modular threshold ramps; nonpressure pipe; roofing materials; office 
furniture; rebuilt vehicular parts; bike racks; and blasting grit. At 
the same time, EPA is also revising its recommendations for five items: 
cement and concrete; polyester carpet; railroad grade crossing 
surfaces; latex paint, and retread tires. As for the latex paint 
recommendations, as previously discussed in the draft RMAN IV notice, 
EPA is deleting reference to specification TT-P-2846, which was 
cancelled by the U.S. General Services Administration (GSA), and 
recommends that procuring agencies refer to commercial item description 
(CID) A-A-3185 instead when purchasing recycled paint. (A copy of this 
CID has been placed in the docket for the final RMAN IV.) Regarding the 
retread tire recommendations, although not previously discussed in the 
draft RMAN IV, EPA has recently learned that the GSA Federal Tire 
Program's Quality Assurance Facility Inspection Program (QAFIP) is 
defunct. Therefore, EPA is revising the retread tire recommendations by 
deleting reference to the GSA QAFIP. EPA is not designating tires or 
nylon carpet and nylon carpet backing at this time and, therefore, is 
not issuing final recommendations for purchasing these items. The 
reasons for this decision are discussed in Section IV of this notice 
and in the final CPG IV, published in the rules section of today's 
Federal Register.
    Section 6002 requires that each procuring agency that procures a 
designated item must procure such items composed of the highest 
percentage of recovered material practicable consistent with 
maintaining a satisfactory level of competition, except in defined 
circumstances. These include a determination that the item (1) is not 
reasonably available within a reasonable period of time; (2) fails to 
meet applicable performance standards; and (3) is only available at an 
unreasonable price. See also 40 CFR 247.2(d). For further discussion of 
when a procuring agency must purchase items with recovered materials 
content see 61 FR 58067 (November 12, 1996).

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

    Today's final RMAN IV recommends postconsumer and/or total 
recovered materials content levels for the following previously and 
newly designated items: railroad grade crossing surfaces, modular 
threshold ramps, nonpressure pipe, roofing materials, office furniture, 
bike racks, and blasting grit. For these items, EPA found that 
manufacturers were using both postconsumer and other types of recovered 
materials to manufacture these products. Limiting the Agency's 
recommendation to only postconsumer content levels would be 
inconsistent with RCRA's requirement that EPA designate items which are 
or can be made with recovered materials whose procurement will carry 
out the objective of section 6002--the procurement of items composed of 
the highest percentage of recovered materials practicable. The statute 
defines ``recovered materials'' to include waste materials and 
byproducts which have been recovered or diverted from solid waste. 
Section 1004(19) of RCRA, 42 U.S.C. 6903(19). If the Agency only 
recommended postconsumer content levels, it would fail to take into 
account the contribution that manufacturers using other manufacturers' 
byproducts as feedstock have made and can make to solid waste 
management.
    EPA defined the terms ``recovered materials'' and ``postconsumer 
materials'' in the CPG and in 40 CFR 247.3. We repeat the definitions 
of these terms in this notice for the convenience of the reader.

    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 which 
have been recovered or diverted from solid waste, but the term does 
not include those materials and byproducts generated from, and 
commonly reused within, an original manufacturing process.

IV. What Did Commenters Say About the Recommendations in the Draft RMAN 
IV?

    This section discusses the major public comments on the draft RMAN 
IV. A summary of all of the comments and the Agency's response is 
provided in the document entitled ``Background Document for the Final 
Comprehensive Procurement Guideline (CPG) IV and Recovered Materials 
Advisory Notice (RMAN) IV,'' August 2003, hereafter referred to as the 
``Background Document for the Final CPG IV/RMAN IV.'' A copy of this 
document has been placed in the docket for the final RMAN IV. See 
SUPPLEMENTARY INFORMATION above for information about reviewing 
documents in the public docket. This document is also available 
electronically on the Internet. See section V of this notice for 
information on accessing this document electronically.

A. Item-Specific Comments

1. Polyester Carpet
    In the proposed CPG IV and RMAN IV, EPA requested comments on its 
proposal to revise the polyester carpet

[[Page 24041]]

designation to reference new Carpet and Rug Institute (CRI) end-use 
classifications of moderate- and heavy-wear.
    Comment: Five organizations submitted comments on EPA's recommended 
use of polyester carpet in moderate and heavy minimum use 
classifications based on CRI's End-Use Applications Classification. In 
its comments, CRI urged that EPA limit its recommendation for polyester 
carpets to polyester carpets used only in moderate end-use 
applications, as indicated in CRI's revised Carpet End-Use Applications 
Classification document. With its comments, CRI provided a revised 
table for Carpet End-Use Applications Classification. In the Background 
Document for Proposed CPG IV and Draft RMAN IV, EPA noted that at the 
time the proposed CPG IV/RMAN IV was issued, the classifications were 
under review and were expected to be revised. CRI also provided GSA-
recommended density specifications for polyester carpet construction.
    With regard to EPA's proposal clarifying its original 
specifications for polyester carpet, the White House Task Force on 
Recycling indicated that it was not clear whether EPA intended to 
exclude bachelor-enlisted quarters and other dormitory-style housing 
from the scope of its revision. The Task Force asked that EPA state 
unambiguously in the final notice whether the specifications apply to 
these types of housing.
    Response: EPA has revised the final RMAN to address CRI's comments 
and reference CRI's End-Use Applications Classification. The final RMAN 
for polyester carpet is thus limited to moderate end uses and does not 
include heavy or severe end uses. Under CRI's revised classification 
system, bachelor-enlisted quarters and other dormitory-styled housing 
are categorized as ``heavy'' use. Therefore, these types of housing 
would be excluded from the polyester carpet recommendation. EPA also 
has included the GSA-recommended density specifications provided by CRI 
in the final RMAN.
    Comment: Manatt, Phelps, & Phillips, LLP (on behalf of Milliken 
Carpet) does not believe EPA has sufficiently explored and evaluated 
the problems related to uses for polyester carpet, particularly as they 
relate to performance characteristics. Specifically, the company does 
not believe that polyester carpet should be recommended for heavy-wear 
applications. Even though EPA's recommendation does not include 
polyester carpet for severe-wear and commercial applications, Milliken 
believes some heavy-wear applications, such as in private offices, may 
be considered ``commercial'' use in some situations. Three other 
commenters (DuPont Nylon Flooring, the National Recycling Coalition, 
and CRI) stated that polyester carpet should be limited to moderate 
end-use classifications.
    Response: As discussed above, EPA has revised the recommendations 
for polyester carpet to reflect CRI's revised End-Use Applications 
Classification table and is revising its recommendation to limit 
polyester carpet to moderate end uses. Thus, today's RMAN does not 
recommend the use of polyester carpet in heavy-wear applications such 
as in bachelor quarters, dormitory-style housing, private offices, or 
other heavy or severe-wear applications as identified in CRI's 
classification table. A copy of CRI's revised End-Use Applications 
Classification table has been placed in the RCRA docket for this final 
notice.
    Comment: Milliken also commented that EPA's instructions on 
purchasing polyester carpet for suitable applications is confusing in 
light of EPA's proposed designation of nylon carpet. Milliken believes 
that the language EPA included in the proposed rule may be interpreted 
to require the purchase of polyester carpet over nylon carpet when both 
products are designated for the same use. Milliken suggests making it 
clear that customers can choose either nylon carpet or polyester carpet 
if both qualify for a particular use. Milliken specifically referred to 
language on page 45267 of Proposed CPG IV.
    Response: In the carpet discussion on page 45267 of the proposal, 
it was not EPA's intention to favor one type of carpet product over 
another. However, since the proposal, EPA issued a notice of data 
availability (NODA) announcing the availability of information on nylon 
carpet submitted both during and after the public comment period and 
provides a summary of the revisions EPA is considering making to the 
draft RMAN for nylon carpet as a result of this information. (See the 
CPG IV final rule, published in the rules section of today's Federal 
Register, and IV.A.3. of this preamble for further discussion of the 
NODA.) EPA will consider information and data submitted in response to 
the NODA when issuing the final RMAN recommendations for nylon carpet 
in the future. The NODA can be accessed at http://www.epa.gov/cpg. 
Supporting materials and public comments for this notice are available 
through EPA's electronic public docket and comment system. If EPA moves 
forward with a nylon carpet designation, it will ensure that the 
distinction between the Agency's recommendations for both polyester and 
nylon carpet are clear.
2. Cement and Concrete Containing Cenospheres and Silica Fume
    Comment: The American Portland Cement Association (APCA) is a trade 
association representing virtually all domestic portland cement 
production. APCA submitted a comment suggesting mostly minor technical 
and administrative changes to EPA's draft recommendation. These 
recommended changes primarily pertain to citing ASTM specifications and 
the way to express the recommended range of recovered content of silica 
fume and cenospheres in cement and concrete. APCA suggested that the 
RMAN recommendations for silica fume in cement and concrete should be 5 
to 10 percent of cementitious material on a dry weight basis and those 
for cenospheres in cement and concrete should be a minimum of 10 
percent by volume.
    Response: After reviewing APCA's comments, EPA agrees the proposed 
changes should be cited in the RMAN. Although EPA acknowledges that we 
inadvertently cited ASTM C-618 as applicable to cenospheres used in 
cement and concrete, the Agency believes there is still justification 
for designating cement and concrete containing cenospheres and that 
appropriate recommendations can be made in the RMAN, since all 
suppliers of cenospheres have specifications, including Material Safety 
Data Sheets, for their cenospheres. EPA believes that the recovered 
material content information suggested by APCA is more appropriate than 
the ASTM specifications contained in the draft RMAN. Therefore, in the 
final RMAN, EPA has changed the information regarding recovered content 
ranges for silica fume in cement and concrete to ``5 to 10 percent of 
cementitious material on a dry weight basis'' and to ``a minimum of 10 
percent by volume'' for cenospheres.
    Comment: The National Ready Mixed Concrete Association (NRMCA) 
submitted a comment indicating that the concrete industry has no 
history of purchasing cenospheres as an ingredient and that concrete 
producers have not been buying it as a product separate from fly ash 
for use in concrete. In addition, ASTM C-618 does not address 
cenospheres, and there is no technical literature documenting their use 
in concrete. NRMCA added that the presence of cenospheres in fly ash 
occurs naturally so the generation facility for fly ash has no control 
over

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whether it can be produced. It depends on many factors, including type 
of coal being used, plant type, and firing conditions. Furthermore, 
NRMCA indicated that the variety of cenospheres discussed in EPA's 
proposal are used for applications other than cement and concrete. 
Moreover, the cenosphere range of 10-15 percent is typically the amount 
of fly ash used in cement. The cenospheres content would be 1/10th of 
the fly ash, if at all.
    NRMCA also commented on the use of silica fume in cement and 
concrete. They indicated that silica fume in cement is only used for 
high performance applications and should only be used when the 
construction application requires it. In addition, its availability is 
not as wide as other products, and its cost is much higher. Finally, 
demand for silica fume is so high that a large percentage is imported 
from Europe, which begs the question of whether silica fume would ever 
be diverted to a landfill in the first place.
    Response: With regard to NRMCA's comment about the use of 
cenospheres, EPA explained in the proposed CPG that cenospheres are a 
component of fly ash. EPA's research found that cenospheres can be and 
are separated and removed from fly ash and sold and used as a recovered 
material. EPA's research also found that there is a market, albeit 
small, for high-strength cement to which recovered cenospheres, 
specifically, have been added. EPA has adjusted its recommendations to 
reflect cement and concrete to which only cenospheres have been added. 
EPA spoke with several suppliers of cenospheres who indicated that 
their product is used in producing this type of specialty cement. EPA 
recognizes that it inadvertently cited ASTM C-618 as applying to cement 
with cenospheres, when in actuality, it applies to fly ash and raw or 
calcinated pozzolan for use as an admixture in concrete. As previously 
stated, although no industry standards exist for cement and concrete 
containing cenospheres alone, EPA learned that suppliers of cenospheres 
have specifications available for the cenospheres themselves, including 
Material Safety Data Sheets. EPA has removed reference to ASTM C-618 in 
the final RMAN. EPA agrees that in typical cement containing fly ash, 
the percent of cenospheres would be about \1/10\ that of the fly ash. 
However, in the cases where cenospheres have been specifically added to 
produce a high-strength specialty cement, the percentage of cenospheres 
alone can reach 10-40 percent, according to contacts in the industry.
    With regard to NRMCA's comment on silica fume in cement, EPA 
agrees, and its research did find, that cement containing silica fume 
is a high-performance product that may cost more than other types of 
cement. However, in issuing recommendations for silica fume (and 
cenospheres), EPA is simply expanding the list of recommended recovered 
materials used in cement in concrete. If an application warrants the 
use of higher-strength concrete, an agency now has recommendations for 
procuring cement and concrete containing silica fume. Agencies, 
however, will not be limited to using cement and concrete containing 
silica fume, or cenospheres for that matter. Also, it should be noted 
that EPA's research found that in a recent year 115,000 tons of silica 
fume were generated and only 67,200 tons were reused. So, regardless of 
whether silica fume is being imported from other countries, there is 
obviously a need to encourage more reuse of silica fume that is 
generated domestically.
3. Nylon Carpet and Nylon Carpet Backing
    EPA received a number of comments on its proposed designation of 
nylon carpet in the proposed CPG IV and its recovered materials content 
recommendations for nylon carpet face fiber and nylon carpet backing 
contained in the draft RMAN IV. Many of these comments provided 
additional information that was conflicting in nature. As a result of 
these comments, EPA decided not to finalize the designation of nylon 
carpet face fiber and nylon carpet backing at this time. EPA instead 
issued a NODA on July 16, 2003 (68 FR 42040) announcing the 
availability of information on nylon carpet submitted both during and 
after the public comment period and provided a summary of the revisions 
EPA is considering making to the draft RMAN for nylon carpet as a 
result of this information. EPA will consider information and data 
submitted in response to this notice when issuing the final RMAN 
recommendations for nylon carpet in the future. The NODA can be 
accessed at http://www.epa.gov/cpg. Supporting materials and public 
comments submitted in response to the NODA are available through EPA's 
electronic public docket and comment system, EPA Dockets [EDOCKET]. The 
docket number is RCRA-2003-0013.
4. Roofing Materials
    Comment: Nuline believes that there is a significant omission in 
the background document. Nuline provided language to recognize its 
product--organic corrugated asphalt panels and tiles--as part of the 
designation in the Residential Roofing section. Nuline requested that 
EPA insert the language into Section 1.e of the background document 
following the designation for Organic Corrugated Asphalt Panels and 
Tiles.
    Response: In its research, EPA included discussion of Nuline's 
roofing product in the section addressing ``fiber'' products, since the 
product contains 50 percent cellulose fibers. EPA's research found that 
asphalt roofing products do not typically contain recovered asphalt, so 
the Agency placed items such as those made by Nuline in the ``Fiber'' 
category. To make it clearer, EPA has changed the material to ``Fiber 
or Fiber Composite'' in the RMAN table to capture companies making 
roofing products both from fiber alone or fiber combined with other 
materials, such as asphalt or wood. EPA has also adjusted the 
recommended postconsumer and total recovered content to 50-100 percent 
to reflect information provided by the commenter. In addition, upon 
designation, Nuline and other companies will be added to EPA's online 
Supplier Database.
5. Office Furniture
    Comment: Pacific Northwest Fiber (PNF), the Idaho State Department 
of Agriculture, and the Spokane County Conservation District submitted 
comments in support of the designation of office furniture, since it 
would establish new uses for diverted agriculture fiber, such as grass 
seed residue, wheat straw, rice straw, bagasse, and other agricultural 
products. All three commenters noted competition from the forest 
products industry. PNF believes particle board made from agricultural 
fiber or from wood or other materials diverted from the solid waste 
stream would qualify as recovered material, but that traditional wood 
particle board would not qualify as recovered material because it is 
manufactured from wood fiber ``generated from, and commonly reused 
within an original manufacturing process.''
    Response: EPA agrees that diverted agricultural fibers that meet 
the statutory definition of ``recovered materials'' would be included 
in office furniture designated in the CPG. Traditional wood particle 
board would not contain recovered materials if the recovered wood fiber 
is generated from, and is commonly used within, the original 
manufacturing process to manufacture particle board. However, EPA's 
research found that some particle

[[Page 24043]]

board manufacturers are using materials that fall under the RCRA 
definitions of postconsumer and recovered materials. Examples of 
postconsumer materials used in particle board include used pallets and 
wood crating, and recovered wood from home deconstruction. Examples of 
non-postconsumer recovered materials used in particle board include 
mill wastes, scraps, and trimmings from the lumber industry.\2\
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    \2\ As noted in the final RMAN IV recommendations for office 
furniture, while EPA has no evidence or indication that wood treated 
with chromated copper arsenate (CCA) is currently used in office 
furniture, EPA is not recommending the use of CCA-treated wood as a 
recovered material in office furniture. The arsenic in CCA is a 
known human carcinogen and EPA is currently conducting a thorough 
and comprehensive risk assessment of CCA as a part of the pesticide 
reregistration process for CCA. In addition, EPA is conducting a 
risk assessment for children who contact CCA-treated wood playsets 
and decks.
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    Comment: The Composite Panel Association (CPA) commented on the 
level of recovered wood used in the manufacture of particle board and 
fiberboard. Based on its survey of the industry and subsequent 
findings, CPA recommends that EPA change the postconsumer content range 
in the RMAN from ``1 to 50 percent'' to ``Greater than 0 percent'' with 
no upper level value. In addition, CPA asserts that nearly all 
manufacturers use a high percentage of recovered material and that the 
total recovered content range should be changed to ``Greater than 80 
percent'' with no upper limit.
    Response: At the time of EPA's proposed rulemaking, CPA had 
provided information that some particleboard (PB)/medium density 
fiberboard (MDF) plants use a small amount of postconsumer wood in 
their products. Based on this initial information, EPA set the lower 
level of the postconsumer range at 1 percent. However, based on the 
subsequent information provided by CPA, EPA now recognizes that, 
although the PB/MDF industry does use some postconsumer wood, it is not 
always feasible, mostly due to logistical reasons. For example, CPA 
indicated that many PB/MDF plants are located near the raw material 
source, such as sawmills and plywood plants, which means they are often 
far from urban areas where most postconsumer wood waste is available. 
Furthermore, EPA recognizes that many plants, if they are able to 
obtain postconsumer wood, are not able to obtain enough to equate to 1 
percent of their final product. Therefore, EPA has concluded that the 
recommended postconsumer content level should be ``Greater than 0 
percent.'' In addition, since a high level of recovered wood is 
commonly used by the industry, EPA is recommending a total recovered 
content range of 80--100 percent, which represents what is currently 
being used in the industry.
    Additional Revision for Office Furniture RMAN: EPA realizes that, 
in the particleboard recommendation in Table G-9 of the draft RMAN, we 
inadvertently recommended recycled content levels only for ``wood 
composites.'' EPA's recommendation should have read ``wood or wood 
composites.'' The final RMAN corrects this error.
6. Blasting Grit
    Comment: The Utility Solid Waste Activities Group (USWAG) c/o 
Edison Electric Institute and the American Coal Ash Association (ACAA) 
commented that there was an erroneous reference to the Bevill 
Regulatory Determination on Wastes from the Combustion of Fossil Fuels 
as a ``final rule.'' This was actually issued as a ``regulatory 
determination,'' which is legally distinct from a final rule. In 
addition, USWAG and ACAA pointed out what they believe was an oversight 
in including only coal slag, but not bottom ash, in the RMAN 
specification.
    Response: EPA agrees that the ``Regulatory Determination on Wastes 
from Combustion of Fossil Fuels'' was issued as a ``regulatory 
determination,'' rather than as a final rule, and understands that 
there is a legal distinction between the two terms. EPA also agrees 
that it inadvertently omitted bottom ash from its RMAN recommendations. 
EPA's research found that `` * * * bottom ash can also be used as a 
light-to medium-duty blasting grit.'' Therefore, in this final notice, 
EPA has amended the RMAN table to add 100 percent total recovered 
content bottom ash as a recommended recovered material for blasting 
grit.
    Comment: During the public comment period, Environmental Abrasives 
(formerly Idaho Powder Products) submitted information on its recycled 
fused alumina oxide material, which it has researched, developed, 
patented, and is processing for use as an abrasive material. According 
to the company, the material is the waste product from the manufacture 
of cast fused alumina oxide containers and lab equipment, and since the 
material is typically landfilled, it presents a solid waste problem 
that can be alleviated by collection and use as an abrasive product. 
Environmental Abrasives' product is marketed in the same cost range, if 
not less, than other similar products. The product has already been 
used for a federally funded job in Nevada.
    Response: Since this fused alumina oxide material is an appropriate 
material for use as an abrasive, and it meets EPA's criteria and 
definition of recovered material, EPA has added it to the final RMAN 
table as a recommended material. Although EPA is unaware of any ASTM or 
other industry specifications for this material used as an abrasive, 
Environmental Abrasives indicated that users can request instruction 
for proper use of the product on its Web site http://www.enviroabrasives.com.

V. Supporting Information and Accessing Internet

    The index of supporting materials for today's final CPG IV is 
available in the EPA Docket Center and on the Internet. The address and 
telephone number of the EPA Docket Center are provided in the 
SUPPLEMENTARY INFORMATION Section above. The index and the following 
supporting materials are available in the EPA Docket Center and on the 
Internet:
    ``Background Document for the Final CPG IV/RMAN IV,'' U.S. EPA, 
Office of Solid Waste and Emergency Response, September 2003.
    Copies of the following supporting materials are available for 
viewing at the EPA Docket Center only:
    ``Economic Impact Analysis for the Final Comprehensive Procurement 
Guideline IV,'' U.S. Environmental Protection Agency, September 2003.
    ``Processing and characterization of a lightweight concrete using 
cenospheres,'' Journal of Materials Science, Vol. 37, 4217-4225, 
October 1, 2002.
    To access information on the Internet go to http://www.epa.gov/cpg.

    Dated: April 22, 2004.
Michael O. Leavitt,
Administrator.

Recovered Materials Advisory Notice IV

    The following represents EPA's recommendations to procuring 
agencies for purchasing the items designated today in the Comprehensive 
Procurement Guideline IV in compliance with section 6002 of the 
Resource Conservation and Recovery Act (RCRA) and section 502(b) of 
E.O. 13101. These recommendations are intended to be used in 
conjunction with the RMANs issued on May 1, 1995 (60 FR 21386), 
November 13, 1997 (62 FR 60975), and January 19, 2000 (65 FR 3082), and 
the Paper Products RMANs issued on May 29, 1996 (61 FR 26985) and June 
8, 1998 (63 FR 31214). Refer to May 1, 1995, November 13, 1997, and 
January 19, 2000 RMANs for definitions,

[[Page 24044]]

general recommendations for affirmative procurement programs, and 
recommendations for previously designated items. In the case of cement 
and concrete, polyester carpet, railroad grade crossing surfaces, latex 
paint, and retread tires, the recommendations published today revise 
the previous recommendations issued in RMAN I, RMAN II, and RMAN III.

Contents

I. General Recommendations
II. Specific Recommendations for Procurement of Designated Items
Part B. Vehicular Products
    Section B-2 (Revised) Retread Tires
    Section B-4. Rebuilt Vehicular Parts.
Part C. Construction Products
    Section C-3. (Revised) Cement and Concrete Containing Coal Fly 
Ash, Ground Granulated Blast Furnace Slag, Cenospheres, and Silica 
Fume From Silicon or Ferrosilicon Metal Production.
    Section C-4. (Revised) Recommendations for Polyester Carpet.
    Section C-7. (Revised) Specification for Reprocessed and 
Reconsolidated Latex Paints for Specified Uses
    Section C-10. (Revised) Railroad Grade Crossing Surfaces Made 
From Recovered Content Concrete, Rubber, Steel, Wood, and Plastic.
    Section C-11. Modular Threshold Ramps Containing Recovered 
Steel, Aluminum, or Rubber.
    Section C-12. Nonpressure Pipe Containing Recovered Steel, 
Plastic, or Cement.
    Section C-14. Roofing Materials Containing Recovered Steel, 
Aluminum, Fiber, Rubber, Plastic or Plastic Composites, or Cement.
Part G. Nonpaper Office Products
    Section G-9. Office Furniture Containing Recovered Steel, 
Aluminum, Wood, Agricultural Fiber, or Plastic.
Part H. Miscellaneous Products
    Section H-8. Bike Racks Containing Recovered Steel or Plastic.
    Section H-9. Blasting Grit Containing Recovered Steel, Coal and 
Metal Slag, Bottom Ash, Glass, Plastic, Fused Alumina Oxide, or 
Walnut Shells.

I. General Recommendations

    General recommendations for definitions, specifications, and 
affirmative procurement programs can be found in the May 1, 1995 RMAN 
(60 FR 21386). Procuring agencies should avoid specifications that may 
result in unintentional barriers to purchasing designated items, such 
as packaging, color, or cosmetic requirements that have no bearing on 
the item's functionality or performance, but that might prevent its 
purchase with the highest percentage recovered materials practicable.

II. Specific Recommendations for Procurement of Designated Items

    Recommendations for purchasing previously-designated items can be 
found in the May 1, 1995, November 13, 1997, and January 19, 2000 
RMANs, and the May 29, 1996 and June 8, 1998 Paper Products RMANs. 
Revised recommendations for cement and concrete, polyester carpet, 
railroad grade crossing surfaces, latex paint, and retread tires are 
included in today's notice.

Part B--Vehicular Products

Section B-2. (Revised) Retread Tires

    Note:
    EPA learned that the U.S. General Services Administration (GSA) 
Federal Tire Program's Quality Assurance Facility Inspection Program 
(QAFIP) is defunct. Therefore, EPA is revising the retread tire 
recommendations by deleting reference to the GSA QAFIP. The 
following are EPA's revised recommendations for procuring retreading 
services and retread tires. These recommendations replace those 
issued in RMAN I (60 FR 21386, May 1, 1995).
    Procurement of tire retreading services for the agencies' used 
tire casings: EPA recommends that procuring agencies specify that 
tire repair and retread services must conform to Federal 
Specification ZZ-T-441H (or current version).
    Procurement of tires through competition between vendors of new 
tires and vendors of retread tires: EPA recommends that procuring 
agencies specify that retread tires must meet the requirements of 
Federal Specification ZZ-T-381, ``Tires, Pneumatic, Vehicular 
(Highway) (New and Retreaded).

Section B-4. Rebuilt Vehicular Parts

    Note:
    Based on EPA's research, rebuilt vehicular parts generally 
contain between 60 and 95% postconsumer material. However, this 
level of detail might not be readily available from distributors to 
procurement officials. Therefore, EPA is not recommending a range of 
recovered content.

    Preference Program: EPA recommends that procuring agencies whose 
vehicles (passenger vehicles as well as medium- and heavy-duty 
equipment, including trucks, cranes, off-road vehicles, and military 
vehicles) are serviced by a motor pool or vehicle maintenance facility 
establish a service contract to require the use of rebuilt vehicular 
parts in the agencies' vehicles or establish a program for vehicular 
parts rebuilding and reuse consisting of either recovering a used 
vehicular part and rebuilding it, replacing it with a rebuilt part, or 
contracting to have the part replaced with a rebuilt part. This 
designation applies to vehicles served by both on-site and commercial 
facilities.
    Specifications: To be labeled ``rebuilt'' or ``remanufactured,'' a 
part must be processed in accordance with the FTC's ``Guides for the 
Rebuilt, Reconditioned and Other Used Automotive Parts Industry,'' 16 
CFR part 20. Rebuilders must test each part for compliance with FTC 
specifications and correct defects as necessary.

Part C--Construction Products

Section C-3. (Revised) Cement and Concrete Containing Coal Fly Ash, 
Ground Granulated Blast Furnace Slag, Cenospheres, and Silica Fume From 
Silicon or Ferrosilicon Metal Production

    Note:
    Following are EPA's revised recommendations for procuring cement 
and concrete. EPA previously designated cement and concrete 
containing coal fly ash and ground granulated blast furnace slag 
(GGBF) in CPG I and provided information about recovered materials 
content in RMAN I (60 FR 21386, May 1, 1995). EPA has amended the 
designation to add cenospheres and silica fume from silicon or 
ferrosilicon metal production as other recovered materials for use 
as cement and concrete additives. Procuring agencies should 
substitute these recommendations for the recommendations found in 
section C-3 of RMAN I.

    Preference Program: EPA recommends that procuring agencies prepare 
or revise their procurement programs for cement and concrete or for 
construction projects involving cement and concrete to allow the use of 
coal fly ash, ground granulated blast furnace slag (GGBF slag), 
cenospheres, or silica fume, as appropriate. EPA does not recommend 
that procuring agencies favor one recovered material over the other. 
Rather, EPA recommends that procuring agencies consider the use of all 
of these recovered materials and choose the one (or the mixture of 
them) that meets their performance requirements, consistent with 
availability and price considerations. EPA also recommends that 
procuring agencies specifically include provisions in all construction 
contracts to allow for the use, as optional or alternate materials, of 
cement or concrete which contains coal fly ash, GGBF slag, cenospheres, 
or silica fume, where appropriate. Due to variations in cement, 
strength requirements, costs, and construction practices, EPA is not 
recommending recovered materials content levels for cement or concrete 
containing coal fly ash, GGBF slag, cenospheres, or silica fume. 
However, EPA is providing the following information about recovered 
materials content.
     Replacement rates of coal fly ash for cement in 
the production of blended cement generally do not exceed 20-30 percent, 
although coal fly ash blended cements may range from 0-40 percent

[[Page 24045]]

coal fly ash by weight, according to ASTM C 595, for cement Types IP 
and I(PM). Fifteen percent is a more accepted rate when coal fly ash is 
used as a partial cement replacement as an admixture in concrete.
     According to ASTM C 595, GGBF slag may replace 
up to 70 percent of the Portland cement in some concrete mixtures. Most 
GGBF slag concrete mixtures contain between 25 and 50 percent GGBF slag 
by weight. EPA recommends that procuring agencies refer, at a minimum, 
to ASTM C 595 for the GGBF slag content appropriate for the intended 
use of the cement and concrete.
     According to industry sources, cement and 
concrete containing cenospheres typically contains a minimum of 10 
percent cenospheres (by volume).
     According to industry sources, cement and 
concrete containing silica fume typically contains silica fume that 
constitutes 5 to 10 percent of cementitious material on a dry weight 
basis.
    Specifications for Cement and Concrete Containing Fly Ash and 
Ground Granulated Blast Furnace Slag: For cement and concrete 
containing coal fly ash and ground granulated blast furnace slag, the 
following recommendations address guide specifications, materials 
specifications, contract specifications, performance standards, mix 
design, and quality control.
     Guide specifications. EPA recommends that 
procuring agencies ensure that their guide specifications do not 
inappropriately or unfairly discriminate against the use of coal fly 
ash or GGBF slag in cement and concrete. EPA further recommends that 
procuring agencies revise their guide specifications to require that 
contract specifications for individual construction projects or 
products allow for the use of coal fly ash or GGBF slag, unless the use 
of these materials is technically inappropriate for a particular 
construction application.
     Materials specifications. EPA recommends that 
procuring agencies use the existing voluntary consensus specifications 
referenced in Table C-3 for cement and concrete containing fly ash and/
or GGBF slag.

     Table C-3.--Recommended Specifications for Cement and Concrete
Containing Recovered Coal Fly Ash and/or Ground Granulated Blast Furnace
                                  Slag
------------------------------------------------------------------------
       Cement specifications               Concrete specifications
------------------------------------------------------------------------
ASTM C 595, ``Standard              ASTM C 618, ``Standard Specification
 Specification for Blended           for Fly Ash and Raw or Calcined
 Hydraulic Cements.''                Natural Pozzolan for Use as a
                                     Mineral Admixture in Portland
                                     Cement Concrete.''
-----------------------------------
ASTM C 150, ``Standard              ASTM C 311, ``Standard Methods of
 Specification for Portland          Sampling and Testing Fly Ash and
 Cement.''                           Natural Pozzolans for Use as a
                                     Mineral Admixture in Portland
                                     Cement Concrete.''
-----------------------------------
AASHTO M 240, ``Blended Hydraulic   ASTM C 989, ``Ground Granulated
 Cements.''                          Blast-Furnace Slag for Use in
                                     Concrete Mortars.''
-----------------------------------
                                    AASHTO M 302, ``Ground Granulated
                                     Blast Furnace Slag for Use in
                                     Concrete and Mortars.''
-----------------------------------
                                    American Concrete Institute Standard
                                     Practice ACI 226.R1, ``Ground
                                     Granulated Blast-Furnace Slag as a
                                     Cementitious Constituent in
                                     Concrete.''
------------------------------------------------------------------------

     State specifications. EPA recommends that 
procuring agencies consult other agencies with established 
specifications for coal fly ash or GGBF slag to benefit from their 
experience. Procuring agencies can consult the Federal Highway 
Administration, which maintains a data base of State highway agency 
material specifications. The States of Alabama, Connecticut, District 
of Columbia, Florida, Georgia, Illinois, Indiana, Maryland, Michigan, 
North Carolina, North Dakota, Ohio, Pennsylvania, South Carolina, 
Virginia, and West Virginia have adopted specifications which allow the 
use of GGBF slag in one or more applications. If needed, procuring 
agencies can obtain these specifications from the respective State 
transportation departments and adapt them for use in their programs for 
cement and concrete, as appropriate.
     Contract specifications. EPA recommends that 
procuring agencies which prepare or review ``contract'' specifications 
for individual construction projects revise those specifications to 
allow the use of cement and concrete containing coal fly ash or GGBF 
slag as optional or alternate materials for the project, where 
appropriate, consistent with the agencies' performance and price 
objectives.
     Performance standards. EPA recommends that 
procuring agencies review and, if necessary, revise performance 
standards relating to cement or concrete construction projects to 
insure that they do not arbitrarily restrict the use of coal fly ash or 
GGBF slag, either intentionally or inadvertently, unless the 
restriction is justified on a job-by-job basis: (1) to meet reasonable 
performance requirements for the cement or concrete or (2) because the 
use of coal fly ash or GGBF slag would be inappropriate for technical 
reasons. EPA recommends that this justification be documented based on 
specific technical performance information. Legitimate documentation of 
technical infeasibility for coal fly ash or GGBF slag can be for 
certain classes of applications, rather than on a job-by-job basis. 
Procuring agencies should reference such documentation in individual 
contract specifications to avoid extensive repetition of previously 
documented points. However, procuring agencies should be prepared to 
submit such documentation to analysis by interested persons, and should 
have a review process available in the event of disagreements.
     Mix design. In concrete mix design 
specifications which specify minimum cement content or maximum water, 
the cement ratios could potentially unfairly discriminate against the 
use of coal fly ash or GGBF slag. Such specifications should be changed 
in order to allow the partial substitution of coal fly ash or GGBF slag 
for cement in the concrete mixture, unless technically inappropriate. 
Cement ratios may be retained, as long as they reflect the cementitious 
characteristics which coal fly ash or GGBF slag can impart to a 
concrete mixture, e.g., by considering Portland cement plus coal fly 
ash or Portland cement plus GGBF slag as the total cementitious 
component.

[[Page 24046]]

     Quality control. Nothing in this RMAN should be 
construed to relieve the contractor of responsibility for providing a 
satisfactory product. Cement and concrete suppliers are already 
responsible both for the quality of the ingredients of their product 
and for meeting appropriate performance requirements, and will continue 
to be under this RMAN. Nothing in EPA's recommendations should be 
construed as a shift in normal industry procedures for assigning 
responsibility and liability for product quality.
     Additional Considerations:
     Procuring agencies should expect suppliers of 
blended cement, coal fly ash or GGBF slag, and concrete to demonstrate 
(through reasonable testing programs or previous experience) the 
performance and reliability of their product and the adequacy of their 
quality control programs. However, procuring agencies should not 
subject cement and concrete containing coal fly ash or GGBF slag to any 
unreasonable testing requirements.
     In accordance with standard industry practice, 
coal fly ash and GGBF slag suppliers should be required to provide to 
users a statement of the key characteristics of the product supplied. 
These characteristics may be stated in appropriate ranges. Other 
characteristics should be requested as needed by the procuring agency.
     Agencies desiring a testing or quality assurance 
program for cements, blended cements, or coal fly ash should contact 
the U.S. Army Engineer Waterways Experiment Station, PO Box 631, 
Vicksburg, Mississippi 39180.
    Specifications for Cement and Concrete Containing Cenospheres and 
Silica Fume: For cement and concrete containing cenospheres, EPA 
recommends that procuring agencies contact cenosphere suppliers to 
obtain specifications, such as material safety data sheets for 
assisting with use of cenospheres in cement and concrete.
    For cement and concrete containing silica fume, EPA recommends that 
procuring agencies refer to the following national specifications and 
guidelines, which enable procuring agencies to buy high-performance 
concrete containing silica fume of a standard quality, when purchasing 
cement and concrete with silica fume: 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.
Section C-4. (Revised) Recommendations for Polyester Carpet

    Note: On May 1, 1995, EPA issued a final designation for 
polyester carpet containing recovered materials in CPG I (60 FR 
21370). EPA has revised the polyester carpet recommendations to 
reference the new Carpet and Rug Institute (CRI) classifications and 
specify that the recommendations be limited to moderate-wear 
applications such as those found in single-family housing units and 
similar applications as identified by CRI.

    Preference Program: EPA recommends that, based on the recovered 
materials content levels recommended for polyester carpet in CPG I, 
procuring agencies establish minimum content standards for use in 
purchasing polyester carpet for moderate-wear applications such as 
those found in single-family housing units and other similar 
applications as identified by the Carpet and Rug Institute (CRI). This 
recommendation does not include polyester carpet for heavy-or severe-
wear or commercial-type applications.
    Specifications: Procuring agencies should refer to CRI's table 
entitled ``Use Classification by End-Use Application'' for a complete 
listing of CRI's recommended carpet applications. A copy of this table 
has been placed in the public docket for this RMAN.
    Procuring agencies should also refer to GSA's minimum density 
recommendations, as follows:
     Cut pile constructions: 5,000 ounces/yard\3\ 
minimum density
     Loop pile constructions: 4,500 ounces/yard\3\ 
minimum density
    While numerous carpet specifications exist, the members of the 
carpet industry do not utilize any universal standards. Specifications 
vary and are determined based on the particular factors of the 
installation. The project's designer, architect, general contractor, 
and/or facility manager typically decide the specifications. Some 
procuring agencies, such as the Department of the Army and the 
Department of Housing and Urban Development, have developed their own 
specifications for end-use carpet applications. These specifications 
should be readily available to procurement officials in those agencies.
Section C-7. (Revised) Specification for Reprocessed and Reconsolidated 
Latex Paints for Specified Uses
    EPA is deleting reference to Federal specification TT-P-2846, which 
was cancelled by GSA, and recommends that procuring agencies refer to 
commercial item description (CID) A-A-3185 instead when purchasing 
recycled paint.
Section C-10. (Revised) Railroad Grade Crossing Surfaces Made From 
Recovered Content Concrete, Rubber, Steel, Wood, and Plastic

    Note: EPA previously designated railroad grade crossing surfaces 
made from recovered content concrete, rubber, and steel (65 FR 
3070).

    Preference Program: EPA recommends that, based on the recovered 
materials content levels shown in Table C-10a (Revised), procuring 
agencies revise their procurement programs for railroad grade crossing 
surfaces to allow the use of recovered content concrete, rubber, steel, 
wood, and plastic railroad grade crossing surfaces.

 Table C-10a. (Revised).--Recommended Recovered Materials Content Levels
    for Railroad Grade Crossing Surfaces Made From Recovered Content
               Concrete, Rubber, Steel, Wood, and Plastic
------------------------------------------------------------------------
                                                                 Total
                                                               recovered
       Surface material           Recovered     Postconsumer   materials
                                   material      content (%)    content
                                                                  (%)
------------------------------------------------------------------------
Concrete.....................  Coal Fly Ash...  ............       15-20
Rubber.......................  Tire Rubber....  ............       85-95
Steel........................  Steel..........           16        25-30
                                                         67          100
Wood.........................  Wood or wood           90-97        90-97
                                composite.
Plastic......................  Plastic or             85-95          100
                                plastic
                                composite.
------------------------------------------------------------------------



[[Page 24047]]

    Notes: The recommended recovered materials content levels for 
rubber railroad grade crossing surfaces are based on the weight of 
the raw materials, exclusive of any additives such as binders or 
other additives.
    Coal fly ash can be used as an ingredient of concrete slabs, 
pavements, or controlled density fill product, depending on the type 
of concrete crossing system installed. Higher percentages of coal 
fly ash can be used in the concrete mixture; the higher percentages 
help to produce a more workable and durable product but can prolong 
the curing process.
    The recommended recovered materials content levels for steel in 
this table reflect the fact that the designated items can be made 
from steel manufactured in either a Basic Oxygen Furnace (BOF) or an 
Electric Arc Furnace (EAF). Steel from the BOF process contains 25%-
30% total recovered materials, of which 16% is postconsumer steel. 
Steel from the EAF process contains a total of 100% recovered steel, 
of which 67% is postconsumer.

    Railroad grade crossing surfaces made from recovered wood may 
also contain other recovered materials such as plastics. The 
percentages of these materials contained in the product would also 
count toward the recovered materials content level of the item.
    Railroad grade crossing surfaces made from recovered plastics 
may also contain other recovered materials such as auto shredder 
residue, which contains a mix of materials. The percentages of these 
materials contained in the product would also count toward the 
recovered materials content level of the item.

    Specifications: EPA has not identified any industry specifications 
or standards for wood or plastic railroad grade crossing surfaces.
Section C-11. Modular Threshold Ramps Containing Recovered Steel, 
Rubber, or Aluminum
    Preference Program: EPA recommends that, based on the recovered 
materials content levels shown in Table C-11, procuring agencies 
establish minimum content standards for use in purchasing modular 
threshold ramps containing recovered materials.

 Table C-11.--Recommended Recovered Materials Content Levels for Modular
     Threshold Ramps Containing Recovered Steel, Rubber, or Aluminum
------------------------------------------------------------------------
                                                                 Total
                                                               recovered
                   Material                     Postconsumer   material
                                                 content (%)    content
                                                                  (%)
------------------------------------------------------------------------
Steel.........................................        16-67       25-100
Aluminum......................................  ............          10
Rubber........................................          100          100
------------------------------------------------------------------------


    Notes: The recommended recovered materials content levels for 
steel in this table reflect the fact that the designated item may 
contain steel manufactured in either a Basic Oxygen Furnace (BOF) or 
an Electric Arc Furnace (EAF), or a combination of both. Steel from 
the BOF process contains 25%-30% total recovered steel, of which 16% 
is postconsumer. Steel from the EAF process contains 100% total 
recovered steel, of which 67% is postconsumer. According to industry 
sources, modular threshold ramps containing a combination of BOF and 
EAF steel would contain 25%-85% total recovered steel, of which 16%-
67% would be postconsumer. Since there is no way of knowing which 
type of steel was used in the manufacture of the item, the 
postconsumer and total recovered material content ranges in this 
table encompass the whole range of possibilities, i.e., the use of 
EAF steel only, BOF steel only, or a combination of the two.
    These recommendations are for modular threshold ramps. EPA 
understands that ramps may also be constructed of cement and 
concrete. For these ramps, procuring agencies should follow the 
procurement guidelines for cement and concrete containing recovered 
materials.

    Specifications: Although the Federal Government is not governed by 
ADA, the Access Board's ADA standards are more current than the UFAS 
and are therefore generally used by Federal facilities. According to 
the ``Americans with Disabilities Act Accessibility Guidelines for 
Buildings and Facilities'' (28 CFR part 36), published in the Federal 
Register, July 26, 1991, ground and floor surfaces along accessible 
routes and in accessible rooms and spaces including floors, walks, 
ramps, stairs, and curbramps, must be stable, firm, and slip-resistant. 
The guidelines do not define what is meant by ``stable, firm, and slip-
resistant,'' but the Access Board recommends static coefficient of 
friction values of 0.8 for ramps and 0.6 for accessible routes.
Section C-12. Nonpressure Pipe Containing Recovered Steel, Plastic, or 
Cement
    Preference Program: EPA recommends that, based on the recovered 
materials content levels shown in Table C-12a, procuring agencies 
establish minimum content standards for use in purchasing nonpressure 
pipe containing recovered materials.

    Table C-12a.--Recommended Recovered Materials Content Levels for
     Nonpressure Pipe Containing Recovered Steel, Plastic, or Cement
------------------------------------------------------------------------
                                                                 Total
                                                               recovered
                   Material                     Postconsumer   materials
                                                 content (%)    content
                                                                  (%)
------------------------------------------------------------------------
Steel.........................................           16        25-30
                                                         67          100
HDPE..........................................          100          100
PVC...........................................         5-15       25-100
Cement........................................  Refer to cement and
                                                concrete recommendations
                                                in C-3 of the RMAN.
------------------------------------------------------------------------


    Note: The recommended recovered materials content levels for 
steel in this table reflect the fact that the designated item can be 
made from steel manufactured in either a Basic Oxygen Furnace (BOF) 
or an Electric Arc Furnace (EAF). Steel from the BOF process 
contains 25%-30% total recovered steel, of which, 16% is 
postconsumer steel. Steel from the EAF process contains a total of 
100% recovered steel, of which, 67% is postconsumer steel.

    Specifications: EPA recommends that procuring agencies refer to the 
following tables C-12b, C-12c, C-12d, and C-12e when purchasing 
nonpressure pipe containing recovered materials. For additional 
guidelines see the ``Background Document for Proposed CPG IV and Draft 
RMAN IV,'' which can be found in the RCRA public docket.

             Table C-12b.--ASTM Plastic Pipe Specifications
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
F1960, Standard Specification for Co-extruded Poly(Vinyl Chloride) (PVC)
 Non-Pressure Plastic Pipe Having Reprocessed Recycled Content.
F1732, Standard Specification for Poly(Vinyl Chloride) (PVC) Sewer and
 Drain Pipe Containing Recycled PVC Material.
D1248, Standard Specification for Polyethylene Plastics Molding and
 Extrusion Materials.
F810, Smooth Wall Polyethylene (PE) Pipe for Use in Drainage and Waste
 Absorption Fields.
F405, Standard Specification for Corrugated Polyethylene (PE) Tubing and
 Fittings.
F512, Standard Specification for Poly(Vinyl Chloride) (PVC) Conduit and
 Fittings for Underground Installation.
F667, Standard Specification for Large Diameter Corrugated Polyethylene
 Tubing and Fittings.
F949, Standard Specification for Poly(Vinyl Chloride) (PVC) Corrugated
 Sewer Pipe With a Smooth Interior and Fittings.
D2665, Standard Specification for Poly(Vinyl Chloride) (PVC) Plastic
 Drain, Waste, and Vent Pipe and Fittings.
D3034, Standard Specification for Type PSM Poly(Vinyl Chloride) (PVC)
 Sewer Pipe and Fittings.

[[Page 24048]]

 
D2239, Standard Specifications for Polyethylene (PE) Plastic Pipe (SIDR-
 PR) Based on Controlled Inside Diameter.
D2447, Standard Specification for Polyethylene (PE) Plastic Pipe
 Schedules 40 and 80, Based on Controlled Outside Diameters.
D2729-96a, Standard Specification for Poly(Vinyl Chloride) (PVC) Sewer
 Pipe and Fittings.
D3035, Standard Specification for Polyethylene (PE) Plastic Pipe (DR-PR)
 Based on Controlled Outside Diameter.
D4976, Standard Specification for Polyethylene Plastic Molding and
 Extrusion Materials.
D3350, Standard Specification for Polyethylene Plastic Pipe and Fitting
 Materials.
D4396, Standard Specification for Rigid Poly(Vinyl Chloride) (PVC) and
 Chlorinated Poly(Vinyl Chloride) (CPVC) Compounds for Plastic Pipe and
 Fittings Used in Nonpressure Applications.
F810, Standard Specification for Smooth Wall Polyethylene (PE) Pipe for
 Use in Drainage and Waste Disposal Absorption Fields.
F405, Standard Specification for Corrugated Polyethylene (PE) Tubing and
 Fittings.
F1970, Standard Specification for Special Engineered Fittings or
 Appurtenances for Use in Poly(Vinyl Chloride) (PVC) or Chlorinated
 Poly(Vinyl Chloride) (CPVC) Systems.
------------------------------------------------------------------------


    Note: ASTM Committee C13 on Concrete Pipe is responsible for the 
formulation and review of specifications, test methods and 
definitions for concrete pipe and develops and reviews practices and 
guides covering design, installation, testing, economic evaluation, 
and performance of concrete pipe systems. While the previous ceiling 
on fly ash content had been set at 25 percent, in 1999, ASTM 
Committee C13 removed all limitations on fly ash content in pipe.


             Table C-12c.--ASTM Concrete Pipe Specifications
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
C14-99, Standard Specification for Concrete Sewer, Storm Drain, and
 Culvert Pipe.
C118-99, Standard Specification for Concrete Pipe for Irrigation or
 Drainage.
C412-99, Standard Specification for Concrete Drain Tile.
C444-95, Standard Specification for Perforated Concrete Pipe.
C505-99a, Standard Specification for Nonreinforced Concrete Irrigation
 Pipe With Rubber Gasket Joints.
C654-99, Standard Specification for Porous Concrete Pipe.
C76-99, Standard Specification for Reinforced Concrete Culvert, Storm
 Drain, and Sewer Pipe.
C506-99, Standard Specification for Reinforced Concrete Arch Culvert,
 Storm Drain, and Sewer Pipe.
C507-99, Standard Specification for Reinforced Concrete Elliptical
 Culvert, Storm Drain, and Sewer Pipe.
C478-97, Standard Specification for Precast Reinforced Concrete Manhole
 Sections.
------------------------------------------------------------------------


                           Table C-12d.--ASTM and AASHTO Specifications for Steel Pipe
----------------------------------------------------------------------------------------------------------------
             Material                       Description          AASHTO specifications     ASTM specifications
----------------------------------------------------------------------------------------------------------------
Zinc Coated Sheets and Coils......  Steel base metal* with 610  M-218..................  A929M
                                     g/m2 (2 oz/ft2) zinc
                                     coating.
Polymer Coated Sheets and Coils...  Polymer coatings applied    M-246..................  A742M
                                     to sheets* and coils*
                                     9.25 mm (0.010 in.)
                                     thickness each side.
Fiber Bonded Coated Coils.........  Steel base metal with zinc  .......................  A885
                                     coating and fibers
                                     pressed into the zinc
                                     while molten to form
                                     fiber bonded coating.
Aluminum Coated...................  Steel base metal* coated    M-274..................  A929M
                                     with 305 g/m2 (1 oz/ft2)
                                     of pure aluminum.
Sewer and Drainage Pipe...........  Corrugated pipe fabricated  .......................  .......................
                                     from any of the above
                                     sheets or coils. Pipe is
                                     fabricated by corrugating
                                     continuous coils into
                                     helical ``from with
                                     lockseam or welded seam,
                                     or by'' rolling annular
                                     corrugated mill sheets
                                     and riveting seams
                                    Galvanized corrugated       M-36...................  A760M
                                     steel pipe.
                                    Polymeric pre-coated sewer  M-245..................  A762M
                                     and drainage pipe.
                                    Fiber bonded impregnated    .......................  A760M
                                     corrugated steel pipe.
                                    Aluminized corrugated       M-36...................  A760M
                                     steel pipe.
                                    Structural plate pipe.....  M-167..................  A761M
Asphalt Coated Steel Sewer Pipe...  Corrugated steel pipe of    M-190..................  A849, A862
                                     any of the types shown
                                     above with a 1.3 mm
                                     (0.0050 in.) high purity
                                     asphalt cover.
Invert Paved Steel Sewer Pipe.....  Corrugated steel pipe of    M-190..................  A849, A862
                                     any one for the types
                                     shown above with an
                                     asphalt pavement poured
                                     in the invert to cover
                                     the corrugation by 3.2 mm
                                     (\1/8\ in.).
Fully Lined Steel.................  With an internal asphalt    M-190..................  A849, A862
                                     lining centrifugally spun
                                     in place.
                                    Corrugated steel pipe with  M-36...................  A760M
                                     a single thickness of
                                     smooth sheet fabricated
                                     with helical ribs
                                     projected outward.
                                    With an internal concrete   M-36...................  A760M
                                     lining in place.
                                    Corrugated steel pipe with  M-36...................  A760M
                                     a smooth steel linter
                                     integrally formed with
                                     the corrugated shell.
Cold Applied Bituminous Coatings..  Fibrated mastic or coat     M-243..................  A849
                                     tar base coatings of
                                     various viscosities for
                                     field or shop coating of
                                     corrugated pipe or
                                     structural plate.
Gaskets and Sealants..............  Standard O-ring gasket....  .......................  D1056
                                    Gasket strips, butyl or                              C361
                                     neoprene.
----------------------------------------------------------------------------------------------------------------
Notes: * Yield point 0230 Mpa (33 ksi) min.; tensile strength--310 Mpa (45 ksi) min.; Elongation (50 mm/2 in.)--
  20% min.
AASHTO pipe specifications restrict the use of recycled plastic through the reference to ``rework'' material.
  Specifications referenced by those who commented in 1994 are listed in Table C-12e. AASHTO's specifications
  are updated annually.


[[Page 24049]]


 Table C-12e.--American Association of State Highway and Transportation
                  Officials Pipe Specifications (1994)
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
M252-93, Corrugated Polyethylene Drainage Tubing.
M294-93, Corrugated Polyethylene Pipe.
M278, Class PS 46 Polyvinyl Chloride (PVC) Pipe.
Section 18, Standard Specifications for Highway Bridges.
------------------------------------------------------------------------

Section C-14. Roofing Materials Containing Recovered Steel, Aluminum, 
Fiber, Rubber, Plastic or Plastic Composites, or Cement
    Preference Program: EPA recommends that, based on the recovered 
materials content levels shown in Table C-14, procuring agencies 
establish minimum content standards for use in purchasing or procuring 
roofing materials or services. EPA's research indicates that wood 
shakes and shingles as well as asphalt/plastic composite roofing 
materials can be made from recovered materials, but we were unable to 
identify recycled-content percentages in these products. In the case of 
asphalt/plastic composite roofing materials, EPA found that the plastic 
was the recovered material in the items, not the asphalt.

 Table C-14.--Recommended Recovered Materials Content Levels for Roofing
 Materials Containing Recovered Steel, Aluminum, Fiber, Rubber, Plastic
                    or Plastic Composites, or Cement
------------------------------------------------------------------------
                                                        Total recovered
             Material                  Postconsumer    materials content
                                       content (%)            (%)
------------------------------------------------------------------------
Steel.............................                 16              25-30
                                                   67                100
Aluminum..........................              20-95              20-95
Fiber (Felt) or Fiber Composite...             50-100             50-100
Rubber............................             12-100                100
Plastic or Plastic/Rubber                         100                100
 Composite........................
Wood/Plastic Composite............  .................                100
Cement............................  Refer to cement and concrete
                                    recommendations in C-3 of the RMAN.
------------------------------------------------------------------------
Note: The recommended recovered materials content levels for steel in
  this table reflect the fact that the designated item can be made from
  steel manufactured in either a Basic Oxygen Furnace (BOF) or an
  Electric Arc Furnace (EAF). Steel from the BOF process contains 25%-
  30% total recovered steel, of which, 16% is postconsumer steel. Steel
  from the EAF process contains a total of 100% recovered steel, of
  which, 67% is postconsumer steel.

    Specifications: EPA recommends that procuring agencies refer to the 
186 standards for roofing products maintained by ASTM's Committee D08 
on Roofing, Waterproofing, and Bituminous Materials. The 
specifications, however, do not discuss use of recovered materials, nor 
do they preclude the use of recovered materials.

Part G. Nonpaper Office Products

Section G-9. Office Furniture Containing Recovered Steel, Aluminum, 
Wood, Agricultural Fiber, and Plastic
    Preference Program: EPA recommends that, based on the recovered 
materials content levels shown in Table G-9, procuring agencies 
establish minimum content standards for use in purchasing office 
furniture with recovered materials, including remanufactured or 
refurbished office furniture.

                 Table G-9.--Recommended Recovered Materials Content Levels for Office Furniture
----------------------------------------------------------------------------------------------------------------
                                                                                                Total recovered
                Product                           Material           Postconsumer content (%)    materials (%)
----------------------------------------------------------------------------------------------------------------
Furniture structure....................  Steel....................  16.......................              25-30
Furniture structure....................  Aluminum.................  .........................             75-100
Particleboard/Fiberboard component.....  Wood or wood composite...  Greater than 0...........             80-100
                                         Agricultural fiber.......  .........................                100
Fabric.................................  PET......................  100......................                100
Plastic furniture component............  HDPE.....................  70-75....................                 95
Remanufactured or Refurbished Furniture  Various..................  25-75....................              25-75
----------------------------------------------------------------------------------------------------------------


    Notes: The recommended recovered materials content levels for 
steel in this table reflect the fact that the designated item is 
generally made from steel manufactured in a Basic Oxygen Furnace 
(BOF). Steel from the BOF process contains 25%-30% total recovered 
steel, of which, 16% is postconsumer steel.
    Particleboard and fiberboard used in the wood components of 
office furniture may also contain other recovered cellulosic 
materials, including, but not limited to, paper, wheat straw, and 
bagasse. The percentages of these materials contained in the product 
would also count toward the recovered materials content level of the 
item. In addition, while EPA has no evidence or indication that wood 
treated with chromated copper arsenate (CCA) is currently used in 
office furniture, EPA is not recommending the use of CCA-treated 
wood as a recovered material in office furniture. The arsenic in CCA 
is a known human carcinogen and EPA is currently conducting a 
thorough and comprehensive risk assessment of CCA as a part of the 
pesticide reregistration process for CCA. In addition, EPA is 
conducting a risk assessment for children who contact CCA-treated 
wood playsets and decks.

    Specifications: EPA did not identify any standards or 
specifications that would preclude government agencies from purchasing 
office furniture with recovered materials content or remanufactured or 
refurbished office

[[Page 24050]]

furniture. GSA requires that remanufactured furniture meet the same 
Underwriters Laboratories, ASTM, and Business and Institutional 
Furniture Manufacturer's Association standards and fire codes (Boston 
and California) as new furniture.

Part H. Miscellaneous Products

Section H-8. Bike Racks Containing Recovered Steel or Plastic
    Preference Program: EPA recommends that, based on the recovered 
materials content levels shown in Table H-8, procuring agencies 
establish minimum content standards for use in purchasing bike racks.

   Table H-8.--Recommended Recovered Materials Content Levels for Bike
                                  Racks
------------------------------------------------------------------------
                                                                 Total
                                                               recovered
                   Material                     Postconsumer   materials
                                                 content (%)    content
                                                                  (%)
------------------------------------------------------------------------
Steel.........................................           16        25-30
HDPE..........................................          100          100
------------------------------------------------------------------------


    Notes: The recommended recovered materials content levels for 
steel in this table reflect the fact that the designated item is 
generally made from steel manufactured in a Basic Oxygen Furnace 
(BOF). Steel from the BOF process contains 25%-30% total recovered 
steel, of which, 16% is postconsumer steel.

    Specifications: EPA did not identify any industry standards or 
specifications that would preclude the use of recovered materials in 
bike racks.
Section H-9. Blasting Grit Containing Recovered Steel, Coal and Metal 
Slag, Bottom Ash, Glass, Plastic, Fused Alumina Oxide, and Walnut 
Shells
    Preference Program: EPA recommends that, based on the recovered 
materials content levels shown in Table H-9, procuring agencies 
establish minimum content standards for use in purchasing blasting grit 
containing recovered materials.

 Table H-9.--Recommended Recovered Materials Content Levels for Blasting
                                  Grit
------------------------------------------------------------------------
                                                                 Total
                                                     Post-     recovered
                    Material                       consumer    materials
                                                    content     content
                                                      (%)         (%)
------------------------------------------------------------------------
Steel...........................................       16-67      25-100
Coal Slag.......................................  ..........         100
Copper and Nickel Slag..........................  ..........         100
Bottom Ash......................................  ..........         100
Glass...........................................         100         100
Glass/Plastic...................................          20         100
Fused Alumina Oxide.............................         100         100
Walnut Shells...................................  ..........         100
------------------------------------------------------------------------


    Note: The recommended recovered materials content levels for 
steel in this table reflect the fact that the designated item may 
contain steel manufactured in either a Basic Oxygen Furnace (BOF) or 
an Electric Arc Furnace (EAF), or a combination of both. Steel from 
the BOF process contains 25%-30% total recovered steel, of which 16% 
is postconsumer. Steel from the EAF process contains 100% total 
recovered steel, of which 67% is postconsumer. According to industry 
sources, blasting grit containing a combination of BOF and EAF steel 
would contain 25%-85% total recovered steel, of which 16%-67% would 
be postconsumer. Since there is no way of knowing which type of 
steel was used in the manufacture of the item, the postconsumer and 
total recovered material content ranges in this table encompass the 
whole range of possibilities, i.e., the use of EAF steel only, BOF 
steel only, or a combination of the two.

    Specifications: EPA did not find any specifications that would 
preclude the use of recovered materials in blasting grit. EPA 
recommends that procuring agencies exercise OSHA or other required 
standard safety practices when using blasting grit, particularly when 
using blasting grit containing slag materials.
[FR Doc. 04-9865 Filed 4-29-04; 8:45 am]
BILLING CODE 6560-50-P