[Federal Register Volume 72, Number 70 (Thursday, April 12, 2007)]
[Rules and Regulations]
[Pages 18401-18404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6856]



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ENVIRONMENTAL PROTECTION AGENCY

48 CFR Parts 1523 and 1552

[EPA-HQ-OARM-2007-0102; FRL-8297-8]


EPAAR Prescription and Solicitation Provision--EPA Green Meetings 
and Conferences

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is revising the EPA Acquisition Regulation (EPAAR) to 
establish policy and procedures for acquiring environmentally 
preferable meeting and conference services. This EPAAR revision adds a 
prescription and solicitation provision that Agency employees are 
required to use when soliciting quotes or offers for meeting and 
conference space and services. The solicitation provision requires 
meeting and conference venues to provide EPA with information about 
environmentally preferable features and practices in use at their 
facilities. As stated in the Federal Acquisition Regulation (FAR), 
environmentally preferable products and services are those ``that have 
a lesser or reduced effect on human health and the environment when 
compared with competing products or services that serve the same 
purpose.'' The intent of this rule is to ensure that environmental 
preferability is considered in each purchase of commercial meeting and 
conference services, which furthers the EPA mission to protect human 
health and the environment. This action revises the EPAAR, but does not 
impose any new requirements on Agency contractors. The procedure 
requires Agency employees to request information from prospective 
meeting venues about their environmentally preferable (green) practices 
for consideration in the award decision, thus encouraging the industry 
to adopt more of these practices so that we will be more likely to do 
business with them. This rule imposes no requirement or standard that a 
facility must meet in order to do business with us.

DATES: This final rule is effective on May 1, 2007.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OARM-2007-0102. All documents in the docket are listed on 
the www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically through 
www.regulations.gov or in hard copy at the OEI Docket, EPA/DC, EPA 
West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The 
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 OEI 
Docket is (202) 566-1752.

FOR FURTHER INFORMATION CONTACT: Tiffany Schermerhorn, Policy, Training 
and Oversight Division, Office of Acquisition Management, Mail Code 
3802R, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; e-mail address: [email protected], 
telephone (202) 564-9902.

SUPPLEMENTARY INFORMATION:

I. General Information

    The EPAAR additions are necessary so that the Agency can ensure 
that environmental preferability is considered in all purchases of 
commercial meeting and conference services. The new solicitation 
provision will not impose a substantial additional burden on meeting 
venues since they currently submit quotes or offers to the Agency in 
response to solicitations for meeting and conference services, and the 
rule will allow the information to be obtained electronically or orally 
when appropriate to the acquisition. The EPAAR changes are consistent 
with the FAR.

II. Statutory and Executive Order Reviews

A. Executive Order 12866

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order (EO 12866 (58 FR 51735, October 4, 1993) and 
is therefore not subject to review under the EO.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
This rule does not impose any new information collection or other 
requirements on Agency contractors. Collection of information from 
prospective contractors via Agency solicitation is covered under 
existing active clearances OMB 9000-0136, Commercial Item 
Acquisitions--FAR Sections Affected: Part 12; 52.212-1 and 52.212-3, a 
Federal Acquisition Regulation clearance, in the case of commercial 
item simplified acquisitions; and OMB 2030-0006, Invitations for Bids 
and Request for Proposals (IFBs and RFPs), an EPA clearance, in the 
case of sealed bid or negotiated procurements. These clearances allow 
information to be collected from a quoter or offeror with the purpose 
of evaluating its capabilities for performing the contract 
requirements. In the case of this regulation, one of EPA's requirements 
is to purchase environmentally preferable meeting and conference 
services to the greatest extent practicable, so we will need to solicit 
from each facility a technical description of environmentally 
preferable measures it has in place.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure Act or any other statute unless the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of today's rule on small 
entities, small entity is defined as: (1) A small business as defined 
by the Small Business Administration's (SBA) regulations at 13 CFR 
121.201; (2) a small governmental jurisdiction that is a government of 
a city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    After considering the economic impacts of today's proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This rule 
will not impose any new requirements on small entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.L. 
104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules

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with ``Federal mandates'' that may result in expenditures to State, 
local, and tribal governments, in the aggregate, or to the private 
sector, of $100 million or more in any one year. Before promulgating an 
EPA rule for which a written statement is needed, section 205 of the 
UMRA generally requires EPA to identify and consider a reasonable 
number of regulatory alternatives and adopt the least costly, most 
cost-effective or least burdensome alternative that achieves the 
objectives of the rule. The provisions of section 205 do not apply when 
they are inconsistent with applicable law. Moreover, section 205 allows 
EPA to adopt an alternative other than the least costly, most cost-
effective or least burdensome alternative if the Administrator 
publishes with the final rule an explanation why that alternative was 
not adopted. Before EPA establishes any regulatory requirements that 
may significantly or uniquely affect small governments, including 
tribal governments, it must have developed under section 203 of the 
UMRA a small government agency plan. The plan must provide for 
notifying potentially affected small governments, enabling officials of 
affected small governments to have meaningful and timely input in the 
development of EPA regulatory proposals with significant Federal 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with the regulatory requirements.
    Today's rule contains no Federal mandates (under the regulatory 
provisions of Title II of the UMRA) for State, local, or tribal 
governments or the private sector. The rule imposes no enforceable duty 
on any State, local or tribal governments or the private sector. Thus, 
today's rule is not subject to the requirements of sections 202 and 205 
of the UMRA.

E. Executive Order 13132 (Federalism)

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    This final rule does not have federalism implications. It will not 
have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. Thus, Executive Order 13132 does 
not apply to this rule.

F. Executive Order 13175 (Consultation and Coordination With Indian 
Tribal Governments)

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' This final rule does not have 
tribal implications, as specified in Executive Order 13175. It will not 
have substantial direct effects on tribal governments, or on the 
relationship between the Federal government and Indian tribes, as 
specified in Executive Order 13175. The final rule amends acquisition 
regulations that are administrative and procedural in nature. Thus, 
Executive Order 13175 does not apply to this rule.

G. Executive Order 13045

    Executive Order 13045: ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies 
to any rule that: (1) Is determined to be ``economically significant'' 
as defined under Executive Order 12866, and (2) concerns an 
environmental health or safety risk that EPA has reason to believe may 
have a disproportionate effect on children. If the regulatory action 
meets both criteria, the Agency must evaluate the environmental health 
or safety effects of the planned rule on children, and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency.
    This rule is not subject to Executive Order 13045 because it is not 
an economically significant rule as defined by Executive Order 12866, 
and because it does not involve decisions on environmental health or 
safety risk.

H. Executive Order 13211 (Energy Effects)

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

I. National Technology Transfer and Advancement Act of 1995

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law No. 104-113, 12(d) (15 U.S.C. 272 
note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus standards bodies. The NTTAA directs EPA 
to provide Congress, through OMB, explanations when the Agency decides 
not to use available and applicable voluntary consensus standards.
    This rulemaking does not involve technical standards. Therefore, 
EPA is not considering the use of any voluntary consensus standards. 
EPA welcomes comments on this aspect of the rulemaking and, 
specifically, invites the public to identify potentially applicable 
voluntary consensus standards and to explain why such standards should 
be used in this regulation.

J. Executive Order 12898: Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this final rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. While this rule establishes a procedure that will require 
Agency employees to request information from prospective meeting venues 
about their environmentally preferable (green) practices for 
consideration in the award decision, it imposes no requirement or 
standard that a facility must meet in order to do business with us, so 
it does not directly affect the level of protection

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provided to human health or the environment.

K. Submission to Congress and the General Accounting Office

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective on May 1, 2007.

III. Response to Comments

    We received comments from three commenters during the official 
comment period for the February 23, 2007 proposal. Minor revisions to 
the proposed language were made in response to these comments. The 
comments are summarized below in the order we received them along with 
EPA's responses.
    Comment. The first commenter stated that meetings should be held on 
netmeeting software or by teleconference because travel for face-to-
face meetings is costly and creates unnecessary pollution.
    Response. Noted. The comment makes valid points as to the direction 
the Agency should go in minimizing travel through the use of 
telecommunication technology where feasible. EPA is keenly aware of its 
own environmental impact, and over time continues to seek new ways to 
minimize this impact, as well as reduce its burden on appropriated 
taxpayer funds. However, this rulemaking action revises Agency 
acquisition guidance, so any change to our travel policies are beyond 
the scope of this particular rule.
    Comment. The second commenter expressed support for the proposed 
rule, but suggested that it could be stronger if environmentally 
preferable features were taken into account when deciding on a vendor 
for micropurchases.
    Response. Partially concur. The rule requires that environmentally 
preferable features are considered in all purchases, including 
micropurchases. However, requiring at micropurchase level that 
environmental preferability must be used as an evaluation factor in 
selecting among competing venues would be inconsistent with the FAR. 
The procedure for micropurchases in paragraph (c) of 1523.703-1 
requires use of the solicitation provision so that information on a 
meeting venue's environmental preferability may be considered, but no 
competition among vendors or best value determination is required. The 
procedure is consistent with micropurchase guidelines established in 
the FAR (13.202) in that it states that environmentally preferable 
meeting facilities must be purchased to the greatest extent 
practicable, but does not require solicitation of competitive 
quotations for micropurchases.
    Comment. The second commenter also suggests revising the rule to 
include a question on the sourcing of food in the solicitation 
provision. For example, does the vendor make an effort to source food 
from local growers, thereby reducing the environmental impact of 
shipping large quantities of food long distances?
    Response. Concur. EPA agrees that this is an important point to 
consider in evaluating vendor environmental performance, and has 
revised the language in the 1552.223-71 solicitation provision 
questions to incorporate this principle.
    Comment. The third commenter expressed support for EPA's leadership 
and innovation in establishing a green meetings and conferences 
contracting program, but suggests that EPA add the following question 
to the solicitation provision in order to promote the use of biobased 
products under the Farm Security and Rural Investment Act: Do you use 
biobased or biodegradable products, including biobased cafeteriaware? 
Please describe.
    Response. Concur. EPA agrees that this is an important point to 
consider in evaluating vendor environmental performance, and has 
revised the language in the 1552.223-71 solicitation provision 
questions to incorporate this principle.

    Dated: April 5, 2007.
John C. Gherardini, III,
Acting Director, Office of Acquisition Management.

List of Subjects in 48 CFR Parts 1523 and 1552

    Environmental protection, Government procurement.


0
For the reasons set forth in the preamble, chapter 15 of title 48 Code 
of Federal Regulations, parts 1523 and 1552 are amended as follows:

PART 1523--ENVIRONMENTAL, CONSERVATION, OCCUPATIONAL SAFETY, AND 
DRUG-FREE WORKPLACE

0
1. The authority citation for 48 CFR part 1523 continues to read as 
follows:

     Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 
486(c).


0
2. Add Subpart 1523.7 to read as follows.

Subpart 1523.7--Contracting for Environmentally Preferable Products 
and Services

Sec.
1523.703 Policies and procedures.
1523.703-1 Acquisition of environmentally preferable meeting and 
conference services.


Sec.  1523.703  Policies and procedures.


Sec.  1523.703-1  Acquisition of environmentally preferable meeting and 
conference services.

    (a) Scope. This section establishes policy and procedures for 
acquiring environmentally preferable meeting and conference services. 
For purposes of this section, the term ``contracting officer'' refers 
to any EPA employee with purchasing authority. For the purposes of this 
section, the term ``meeting and conference services'' refers to any 
purchase by an EPA employee of the use of off-site commercial 
facilities for an EPA event, whether the event is a meeting, 
conference, training session, or other purpose.
    (b) Policy. Contracting officers must purchase environmentally 
preferable meeting and conference services to the greatest extent 
practicable. Environmental preferability is defined at FAR 2.101. 
Environmental preferability shall be considered in all purchases of 
meeting and conference services.
    (c) Procedures for micropurchases. The contracting officer shall 
request information on environmentally preferable features and 
practices from each meeting and conference services vendor solicited 
using the provision or language substantially the same as the provision 
at 1552.223-71.
    (d) Procedures for purchases exceeding micropurchase threshold. The 
contracting officer shall request information on environmentally 
preferable features and practices from each meeting and conference 
services vendor using the provision or language substantially the same 
as the provision at 1552.223-71, and shall notify vendors that basis 
for award will be best value with price and other factors considered. 
Environmental preferability must be

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considered among the other factors. The contracting officer shall 
determine the relative importance of price and other factors as 
appropriate to the acquisition.
    (e) Contractor support for meetings and conferences. A contract, 
order, work assignment or purchasing agreement that includes contractor 
support for meeting and conference planning and logistics must include 
a green meeting and conference requirement. The contracting officer 
shall ensure language is included in the tasking document work 
statement that requires the contractor to use the provision at 
1552.223-71, or language approved by the contracting officer that is 
substantially the same as the provision, when soliciting quotes or 
offers for meeting and conference services on behalf of the EPA.
    (f) Solicitation Provision. The contracting officer shall insert 
the provision or language substantially the same as the provision at 
1552.223-71, EPA Green Meetings and Conferences, in solicitations for 
meeting and conference services. Contracting officers issuing an oral 
solicitation must also use the provision, though it may be provided to 
the vendor orally or electronically. Contractors soliciting quotes or 
offers for meeting and conference services on behalf of EPA shall use 
the provision, or language approved by the contracting officer that is 
substantially the same as the provision.

PART 1552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
3. The authority citation for 48 CFR part 1552 continues to read as 
follows:

    Authority: 5 U.S.C. 301; Sec. 205(c), 63 Stat. 390, as amended, 
40 U.S.C. 486(c); and 41 U.S.C. 418b.

0
4. Add Sec.  1552.223-71 to read as follows.


Sec.  1552.223-71  EPA Green Meetings and Conferences.

    As prescribed in 1523.703-1, insert the following provision or 
language substantially the same as the provision in solicitations for 
meetings and conference services.

EPA GREEN MEETINGS AND CONFERENCES (May 2007)

    (a) The mission of the EPA is to protect human health and the 
environment. We expect that all Agency meetings and conferences will 
be staged using as many environmentally preferable measures as 
possible. Environmentally preferable means products or services that 
have a lesser or reduced effect on the environment when compared 
with competing products or services that serve the same purpose.
    (b) As a potential meeting or conference provider for EPA, we 
require information about environmentally preferable features and 
practices your facility will have in place for the EPA event 
described in the solicitation.
    (c) The following list is provided to assist you in identifying 
environmentally preferable measures and practices used by your 
facility. More information about EPA's Green Meetings initiative may 
be found on the Internet at http://www.epa.gov/oppt/greenmeetings/. 
Information about EPA voluntary partnerships may be found at http://www.epa.gov/partners/index.htm.
    (1) Do you have a recycling program? If so, please describe.
    (2) Do you have a linen/towel reuse option that is communicated 
to guests?
    (3) Do guests have easy access to public transportation or 
shuttle services at your facility?
    (4) Are lights and air conditioning turned off when rooms are 
not in use? If so, how do you ensure this?
    (5) Do you provide bulk dispensers or reusable containers for 
beverages, food and condiments?
    (6) Do you provide reusable serving utensils, napkins and 
tablecloths when food and beverages are served?
    (7) Do you have an energy efficiency program? Please describe.
    (8) Do you have a water conservation program? Please describe.
    (9) Does your facility provide guests with paperless check-in & 
check-out?
    (10) Does your facility use recycled or recyclable products? 
Please describe.
    (11) Do you source food from local growers or take into account 
the growing practices of farmers that provide the food? Please 
describe.
    (12) Do you use biobased or biodegradable products, including 
biobased cafeteriaware? Please describe.
    (13) Do you provide training to your employees on these green 
initiatives? Please describe.
    (14) What other environmental initiatives have you undertaken, 
including any environment-related certifications you possess, EPA 
voluntary partnerships in which you participate, support of a green 
suppliers network, or other initiatives? Include ``Green Meeting'' 
information in your quotation so that we may consider environmental 
preferability in selection of our meeting venue.

[FR Doc. E7-6856 Filed 4-11-07; 8:45 am]
BILLING CODE 6560-50-P