[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74940-74942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20820]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2022-0835; FRL-10293-02-OCSPP]


Update to EPA's Recommendations of Specifications, Standards and 
Ecolabels for Federal Purchasing; Notice of Availability and Request 
for Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In November 2022, the Environmental Protection Agency (EPA or 
Agency) announced the expansion of the Recommendations of 
Specifications, Standards and Ecolabels for Federal Purchasing 
(Recommendations) and invited managers of standards development 
organizations, ecolabel programs, and associated conformity assessment 
bodies to apply for potential assessment against EPA's Framework for 
the Assessment of Environmental Performance Standards and Ecolabels. In 
August 2023, EPA announced the first five purchase categories chosen 
for assessment. With this document, EPA is announcing the availability 
of and seeking feedback on the proposed additions to the 
Recommendations based on assessments against the Framework, as well as 
the proposed removals of standards/ecolabels already included in the 
Recommendations based on implementation of new eligibility criteria.

DATES: Comments must be received on or before October 15, 2024.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2022-0835, through the Federal eRulemaking 
Portal at https://www.regulations.gov. Follow the online instructions 
for submitting comments. Do not submit electronically any information 
you consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Additional 
instructions on commenting and visiting the docket, along with more 
information about dockets generally, is available at https://www.epa.gov/ dockets.

FOR FURTHER INFORMATION CONTACT: Jenna Larkin, Environmental Protection 
Specialist, Environmentally Preferable Purchasing Program (7409M), 
Office of Chemical Safety and Pollution Prevention, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; telephone number: (202) 564-3395; email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Executive Summary

A. Does this action apply to me?

    These updates may be of specific interest to those who represent or 
use sustainability standards and ecolabels, including institutional or 
governmental purchasers, manufacturers seeking certification, and 
standards development organizations.

B. What action is the Agency taking?

    EPA has completed the assessment of the standards and ecolabels 
that volunteered to be assessed in November 2022 against the Framework 
for the Assessment of Environmental Performance Standards and Ecolabels 
in the following product and service categories:
     Healthcare;
     Laboratories;
     Uniforms & Clothing;
     Food Service Ware (e.g., containers, cutlery and 
dishware); and
     Professional Services.
    Based on these assessments, EPA is now seeking feedback on the 
proposed additions of specifications, standards, and ecolabels in the 
above categories. EPA is also seeking feedback on the proposed removals 
of standards and ecolabels in already existing purchase categories.

C. What is the Agency's authority for taking this action?

    Executive Order 14057, entitled ``Catalyzing Clean Energy 
Industries and Jobs Through Federal Sustainability'' (86 FR 70935, 
December 13, 2021), and associated implementing instructions direct EPA 
to consider expanding the Recommendations to facilitate net-zero 
emissions procurement and other related sustainable purchasing goals. 
In addition, Executive Order 14057 directs Federal purchasers to 
prioritize products and services that address multiple environmental 
impacts. After meeting applicable statutory mandates (BioPreferred, 
SNAP, CPG, ENERGY STAR/FEMP), agencies are directed to buy products and 
services that meet one or more of the applicable EPA purchasing 
programs, including those meeting the specifications, standards, and 
ecolabels included in the Recommendations.
    Executive Order 14008, entitled ``Tackling the Climate Crisis at 
Home and Abroad'' (86 FR 7619, February 1, 2021), directs the Federal 
Government to lead by example and leverage its buying power to 
``catalyze private sector investment into, and accelerate the 
advancement of America's industrial capacity to supply domestic clean 
energy, buildings, vehicles, and other necessary products and 
materials.'' The expansion of the Recommendations will help to spur 
this market demand for more sustainable products and services.
    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA), 15 U.S.C. 272 note, as well as mandates from the Office of 
Management and Budget (OMB) identified as Circular A-119, entitled 
``Federal Participation in the Development and Use of Voluntary 
Consensus Standards and in Conformity Assessment Activities,'' direct 
Federal agencies to use voluntary consensus standards (VCS) in lieu of 
government-unique standards as a means to carry out policy and 
procurement objectives, except where inconsistent with applicable law 
or otherwise impractical.
    Section 6604(b)(11) of the Pollution Prevention Act (PPA), 42 
U.S.C. 13103(b)(11), directs EPA to identify opportunities to use 
Federal procurement to encourage pollution prevention.

[[Page 74941]]

D. What should I consider as I prepare my comments?

    1. Submitting CBI. Do not submit CBI to EPA through email or 
https://www.regulations.gov. If you wish to include CBI in your 
comment, please follow the applicable instructions at https://www.epa.gov/dockets/commenting-epa-dockets#rules and clearly mark the 
information that you claim to be CBI. Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR 
parts 2 and 703, as applicable.
    2. Tips for preparing your comments. When preparing and submitting 
your comments, see the commenting tips at https://www.epa.gov/dockets/commenting-epa-dockets.

II. Background

    The Recommendations of Specifications, Standards, and Ecolabels 
help Federal purchasers identify and procure environmentally preferable 
products and services. Federal purchasers are directed in the 
implementing instructions issued by the Council on Environmental 
Quality, entitled ``Implementing Instructions for Executive Order 
14057, Catalyzing Clean Energy Industries and Jobs Through Federal 
Sustainability'' (2022) and 48 CFR 23.108 of the Federal Acquisition 
Regulation to procure products and services meeting the Recommendations 
to meet net-zero emissions procurement and other sustainability goals. 
In November 2022, EPA announced the expansion of the Recommendations 
and invited managers of standards development organizations, ecolabel 
programs, and associated conformity assessment bodies to apply for 
potential assessment against the Framework (87 FR 66176, November 2, 
2022 (FRL-10293-01-OCSPP)). In August 2023, EPA announced the first 
five purchase categories chosen for assessment via a listserv 
announcement available at https://www.epa.gov/chemicals-under-tsca/epa-announces-first-product-categories-expansion-ecolabel-recommendations. 
EPA then began the process to assess the standards and ecolabels that 
volunteered to be assessed in those five categories and is now seeking 
feedback on proposed additions to the Recommendations, along with other 
updates.
    In April 2022, the standard/ecolabel organizations included in the 
Recommendations were notified of new eligibility criteria to be 
implemented in 2023. These criteria ensure consistency with U.S. 
Federal Government standards policy and assists with implementation 
into General Services Administration (GSA) procurement tools and 
contracts. Standards/ecolabels were given until December 31, 2023, to 
demonstrate that they meet the eligibility criteria. Those that were 
not able to meet the criteria, are being proposed for removal from the 
Recommendations.
     There must be a publicly available and current (i.e., 
updated in the last 3 months) directory/registry of products/services 
conformant to the standard or ecolabel.
     All standards and ecolabels are required to demonstrate 
that they have a competent certification program--either via 
accreditation or the alternative pathway provided in Section III of 
EPA's Framework for the Assessment of Environmental Performance 
Standards and Ecolabels.

A. What are the recommendations of specifications, standards, and 
ecolabels for Federal purchasing?

    The Recommendations help purchasers easily identify credible and 
effective environmental performance standards/ecolabels/certifications 
by product/service category for incorporation into Federal procurement 
activities (e.g., contracts and e-procurement systems). They currently 
include over 30 product and service categories and more than 40 private 
sector environmental performance standards and ecolabels. The 
Recommendations give preference to multi-attribute/lifecycle-based 
standards and ecolabels that address key impact areas (AKA hotspots) 
and where product conformance is determined by a competent third-party 
certification body.

B. What is the framework for the assessment of environmental 
performance standards and ecolabels?

    The Framework, available at https://www.epa.gov/greenerproducts/framework-assessment-environmental-performance-standards-and-ecolabels-federal, provides a transparent, fair, and consistent approach to 
evaluate product and service environmental performance standards and 
ecolabels for inclusion in EPA's Recommendations. EPA began developing 
the Framework (formerly known as the Guidelines) in 2011 via a multi-
stakeholder process, including several public comment opportunities. 
The Framework was then piloted in 2015-2016 in three product 
categories: Furniture, flooring (includes carpet), and paints/coatings. 
Based on lessons learned from the pilot, additional minor edits were 
made to clarify and streamline the criteria within the Framework and 
make it applicable to services. An updated version of the Framework was 
announced and posted to the EPA website in February 2022. That 
announcement also included details about EPA's intentions to use the 
Framework to expand the Recommendations into additional product and 
service categories. More details on the Framework development process 
are available at https://www.epa.gov/greenerproducts/framework-development-overview.
    The Framework includes:
     Scoping Questions: Assist EPA in planning and budgeting; 
confirm eligibility and scope before proceeding with full assessment 
against applicable sections of the Framework.
    The four sections of Assessment Criteria include:
     Section I: Process for Developing the Standard--Assesses 
the procedures used to develop, maintain, and update an environmental 
performance standard, including whether a standard is considered a 
voluntary consensus standard.
     Section II: Environmental Effectiveness of the Standard--
Assesses the criteria in the environmental performance standard or 
ecolabel that support the claim of environmental preferability.
     Section III: Conformity Assessment--Assesses the 
procedures and practices by which products or services are assessed for 
conformity to the requirements specified by standards and ecolabeling 
programs.
     Section IV: Management of Ecolabeling Programs--Assesses 
the organizational and management practices of an ecolabeling program.

III. Request for Public Comment

A. What feedback is sought on the addition of certain standards and 
ecolabels?

    EPA is seeking public input on the addition of the following 
standards and ecolabels in the following product categories. Standards 
and ecolabels listed below meet all applicable baseline criteria in the 
Framework and are being proposed to be added to the Recommendations.
1. Healthcare
 Medical Devices [Food and Drug Administration (FDA) Class I 
and II]:
--Greenscreen Certified[supreg] Standard for Medical Supplies and 
Devices
--Greenhealth Approved for Medical Equipment
 Medical Supplies:
--Greenscreen Certified[supreg] Standard for Medical Supplies and 
Devices

[[Page 74942]]

--Greenhealth Approved for Medical Equipment
--Nordic Ecolabelling for Sanitary Products
2. Laboratories
 Laboratory Operations:
--My Green Lab Certification
 Laboratory Equipment & Supplies:
--ACT Ecolabel from My Green Lab
3. Clothing and Uniforms
 Finished Clothing:
--Nordic Ecolabelling for Textiles, Hides/Skins, and Leathers
--Cradle to Cradle Certified Product Standard
--Global Organic Textile Standard
--European Union (EU) Ecolabel for Textile Products [Pending]. Note: 
EPA designed the Framework principally for the assessment of standards 
and ecolabels developed by the private sector. Because the EU Ecolabel 
has been developed and is operated by the European Union, the U.S. and 
the European Commission Services are discussing whether and how to 
include it in the Recommendations. EPA has marked the ecolabel as 
``pending'' while those deliberations continue.
 Clothing Textiles/Fabrics:
--Nordic Ecolabelling for Textiles, Hides/Skins, and Leathers
--Cradle to Cradle Certified Product Standard
--OEKO-TEX Made in Green
--OEKO-TEX Standard 100
--Global Organic Textile Standard
--GreenScreen Certified[supreg] Standard for Furniture and Fabrics
4. Cafeteria and Food Service
 Reusable Food Service Ware:
--GreenScreen Certified[supreg] Standard for Reusable Food Packaging, 
Food Service Ware, & Cookware
--Cradle to Cradle Certified Product Standard
 Certified Compostable Food Service Ware:
--GreenScreen Certified[supreg] Standard for Single-Use Food Service 
Ware & Thermal Paper
--Cradle to Cradle Certified Product Standard (Platinum Level in 
Product Circularity)
--BPI Commercial Compostability Certification Scheme
 Certified Recyclable Food Service Ware:
--GreenScreen Certified[supreg] Standard for Single-Use Food Service 
Ware & Thermal Paper
--Cradle to Cradle Certified Product Standard (Platinum Level in 
Product Circularity). Note: The environmental benefits associated with 
these standards and ecolabels are contingent upon the availability and 
use of applicable end-of-life/waste management services. EPA provides 
current best practices for the procurement of Food Service Ware sub-
categories available at https://www.epa.gov/greenerproducts/identifying-greener-food-service-and-food-service-ware.
5. Professional Services
     None.

B. What feedback is sought on the removal of certain standards and 
ecolabels?

    EPA is also seeking public input on the removal of the following 
standards and ecolabels in the following categories, including the 
reason for removal.
1. Ecologo/UL 2771 Standard for Sustainable Paper Products
     Product Category: Copy Paper--Reason for removal: standard 
retired in 2023.
2. Sustainable Furnishings Council Exemplary
     Product Category: Furniture--Reason for removal: ecolabel 
discontinued in 2021.
3. Sustainable Materials Rating Technology (SMaRT)
     Product Category: Carpet, Flooring, Furniture, Interior 
Latex Paint--Reason for removal: Product registry has not been updated 
within the past 3 months; Unable to demonstrate the existence of a 
competent third-party certification program.
4. Clear Roads Qualified Products
     Product Category: De-icer--Reason for removal: Unable to 
demonstrate the existence of a competent third-party certification 
program.
5. International Living Futures Institute: Declare
     Product Category: Carpet, Flooring, Furniture, Interior 
Latex Paint, Other Miscellaneous Building Finishes--Reason for removal: 
Unable to demonstrate the existence of a competent third-party 
certification program.
6. International Living Futures Institute: Living Product Challenge
     Product Category: Carpet, Flooring, Furniture, Interior 
Latex Paint, Other Miscellaneous Building Finishes--Reason for removal: 
Unable to demonstrate the existence of a competent third-party 
certification program.
7. EPEAT Registered (Criteria for the Sustainability Assessment of 
Network Equipment for the Global Electronics Council EPEAT[supreg] 
Ecolabel and the T[Uuml]V Rheinland Green Product Mark)
     Product Category: Network Equipment and Cloud Services--
Reason for removal: This ecolabel was originally added to the 
Recommendations based on a previous requirement in the Federal 
Acquisition Regulation (FAR) that required Federal agencies to procure 
EPEAT registered electronic products. The FAR was recently updated and 
no longer contains that requirement.

C. What information should be included in your comment?

    EPA is particularly interested in receiving comments that include 
the following:
     Name of person or organization submitting the comments;
     Product or service category that pertains to your 
comments;
     Reasons for the support or opposition of the proposed 
updates;
     Impacts the updates may have on your organization;
     Input on new product category naming and sub-product 
category naming; and
     Product or service categories you would like EPA to 
consider performing assessments in during the next update cycle. This 
may include product/service categories already included in the 
Recommendations.
     If your standard or ecolabel organization is interested in 
being assessed in the next update cycle, please provide the name of the 
standard or ecolabel, the product or service category(ies) that it 
covers, and a link to the publicly available website.
    EPA is not seeking comments on the Framework tool used to assess 
standards and ecolabels. The Framework went through a separate multi-
stakeholder development process that included several public comment 
opportunities. See https://www.epa.gov/greenerproducts/framework-development-overview.
    Authority: 42 U.S.C. 1310.

    Dated: September 9, 2024.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2024-20820 Filed 9-12-24; 8:45 am]
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