# Recovered Materials Advisory Notice

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URL: https://www.frixlaw.com/law-library/documents/fr%3A94-9418

## Record

- **Collection:** Federal Register
- **Document type:** Uncategorized Document
- **Published:** April 20, 1994

## Text

SUMMARY: The Environmental Protection Agency today is providing notice
of the issuance of a draft Recovered Materials Advisory Notice. Under
section 6002 of the Resource Conservation and Recovery Act of 1976, EPA
designates items that are or can be made with recovered materials and
provides recommendations for the procurement of these items. EPA
previously designated five items and combined the designations and
recommendations in item-specific procurement guidelines. Executive
Order 12873 directs EPA to change the process for designating items and
providing recommendations. EPA now is to designate procurement items in
a Comprehensive Procurement Guideline and to provide recommendations in
related Recovered Materials Advisory Notices. Elsewhere in today's
Federal Register, EPA is proposing its first Comprehensive Procurement
Guideline. It designates the items for which the Recovered Materials
Advisory Notice provides recommended recovered materials content
levels. These recommendations are organized within the following
product categories: vehicular products, construction products,
transportation products, park and recreation products, landscaping
products, and non-paper office products.

DATES: EPA will accept public comments on the recommendations contained
in the draft Recovered Materials Advisory Notice until June 20, 1994.

ADDRESSES: The public must send an original and two copies of comments,
referencing docket F-94-PRMP-FFFFF to the RCRA Information Center
(5305), U.S. EPA, 401 M Street SW., Washington, DC 20460. Commenters
wishing to submit Confidential Business Information (CBI), should
submit an original and two copies of the CBI, referencing docket F-94-
PRMP-FFFFF, under separate cover to the Document Control Officer
(5305), Office of Solid Waste, U.S. Environmental Protection Agency,
401 M Street SW., Washington, DC 20460.
Public comments and relevant documents are available for viewing at
the RCRA Information Center (RIC), located in room M2616, at the EPA
address listed above. The RIC is open from 9 am to 4 pm, Monday through
Friday, excluding Federal holidays. To review docket materials, the
public must make an appointment by calling (202) 260-9327. Materials
may be copied for $0.15 per page.

FOR FURTHER INFORMATION CONTACT: For general information, contact the
RCRA Hotline, (800) 424-9346, or, in the Washington, DC metropolitan
area, (703) 412-9810. For technical information regarding the
recommendations for the following individual items, contact the
referenced EPA staff: Building insulation, structural fiberboard,
laminated paperboard, cement and concrete containing GGBF slag,
hydraulic mulch, and engine coolants--Dana Arnold, (202) 260-8518;
plastic pipe, geotextiles, carpet, floor tiles and patio blocks, and
playground surfaces and running tracks, Robin Moran--(202) 260-5066;
yard trimmings compost--Hope Pillsbury, (202) 260-2797; traffic control
devices and non-paper office products--Beverly Goldblatt, (202) 260-
7932. For all other technical information, contact Beverly Goldblatt,
(202) 260-7932, or Dana Arnold, (202) 260-8518.

SUPPLEMENTARY INFORMATION:

Preamble Outline

I. Authority
II. Introduction
III. Recovered Materials Content
A. Use of Minimum Recovered Materials Content Standards
B. Methodology For Recommending Recovered Materials Content
Levels
IV. Affirmative Procurement Programs
A. General Recommendations
B. Calculation of Product Content for Purposes of Certification
V. Recommendations for Vehicular Products
A. Engine Coolants
1. Preference Program
2. Background
3. Specifications
VI. Recommendations for Construction Products
A. Building Insulation Products
1. Rock Wool Insulation
2. Fiberglass Insulation
3. Polystyrene Rigid Foam
B. Structural Fiberboard and Laminated Paperboard Products
1. Preference Program
2. Background
3. Specifications
C. Plastic Pipe and Fittings
1. Preference Program
2. Background
3. Specifications
D. Geotextiles and Related Products
1. Preference Program
2. Background
3. Specifications
E. Cement and Concrete Containing Ground Granulated Blast
Furnace (GGBF) Slag
1. Preference Program
2. Background
3. Specifications
F. Carpet
1. Preference Program
2. Background
3. Specifications
G. Floor Tiles and Patio Blocks
1. Preference Program
2. Background
3. Specifications
VII. Recommendations for Transportation Products
A. Temporary Traffic Control Devices
1. Preference Program
2. Background
3. Specifications
VIII. Recommendations for Park and Recreation Products
A. Playground Surfaces and Running Tracks
1. Preference Program
2. Background
3. Specifications
IX. Recommendations for Landscaping Products
A. Hydraulic Mulch Products
1. Preference Program
2. Background
3. Specifications
B. Yard Trimmings Compost
1. Preference Program
2. Background
3. Specifications
X. Recommendations for Non-Paper Office Products
A. Office Recycling Containers and Waste Receptacles
1. Preference Program
2. Background
3. Specifications
B. Plastic Desktop Accessories
1. Preference Program
2. Background
3. Specifications
C. Remanufactured Toner Cartridges
1. Preference Program
2. Background
3. Specifications
D. Binders
1. Preference Program
2. Background
3. Specifications
E. Plastic Trash Bags
1. Preference Program
2. Background
3. Specifications
XI. Recommendations for Miscellaneous Products

I. Authority

The draft Recovered Materials Advisory Notice is published 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,
as amended, 42 U.S.C. 6912(a) and 2962, and Executive Order 12873 (58
FR 54911, October 20, 1993).

II. Introduction

Section 6002 of the Resource Conservation and Recovery Act of 1976
(RCRA) establishes a Federal buy-recycled program. RCRA section 6002(e)
requires EPA to (1) designate items which 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 has
designated items, section 6002 requires that any procuring agency using
appropriated Federal funds to procure those items must purchase them
containing the highest percentage of recovered materials practicable.
EPA previously issued five guidelines for procurement of products
containing recovered materials: Cement and concrete containing fly ash
(40 CFR part 249, 48 FR 4230, January 28, 1983), paper and paper
products (40 CFR part 250, 53 FR 23546, June 22, 1988), re-refined
lubricating oil (40 CFR part 252, 53 FR 24699, June 30, 1988), retread
tires (40 CFR part 253, 53 FR 46558, November 17, 1988), and building
insulation products (40 CFR part 248, 54 FR 7327, February 17, 1989).
Each of these guidelines contains item designations and procurement
recommendations for the designated items. Both the item designations
and the procurement recommendations were then codified in the Code of
Federal Regulations (CFR).
In order to expedite the process of issuing procurement guidelines,
Executive Order 12873 (58 FR 54911, October 22, 1993), which was signed
by President Clinton on October 20, 1993, directs EPA to change the
procedure used for designating items and providing procurement
recommendations. Under the Order, EPA is to issue a regulation, known
as a Comprehensive Procurement Guideline (CPG), which will contain the
item designations, and a guidance document, known as a Recovered
Materials Advisory Notice (RMAN), which will contain EPA's
recommendations for purchasing the designated items. The Order further
directs EPA to update the CPG annually and the RMAN periodically, after
public comment, to reflect changes in market conditions. Under this
procedure, EPA will continue to codify the item designations in the
CFR, but not the recommendations. In accordance with the Order, the
recommendations will be available in the guidance document (i.e., the
Recovered Materials Advisory Notice).
EPA is proposing the CPG concurrently in today's Federal Register.
In the CPG, EPA proposes to consolidate the five existing procurement
guidelines and the proposed new item designations into one document.
Similarly, in today's draft RMAN, EPA is establishing a framework for
consolidating the recommendations made in the five existing procurement
guidelines and the recommendations for the proposed new procurement
items into one document. The recommendations are organized into eight
product categories corresponding to the categories used in the CPG:
paper and paper products, vehicular products, construction products,
transportation products, park and recreation products, landscaping
products, non-paper office products, and miscellaneous products. When
EPA finalizes the RMAN, the existing recommendations for paper and
paper products will be found in the first category, the recommendations
for re-refined lubricating oil and retread tires will be found in the
vehicular products category, and the recommendations for building
insulation products and cement and concrete will be found in the
construction products category.
Although EPA intends to consolidate the recommendations from the
five existing procurement guidelines into the RMAN, they are not
included in today's draft RMAN in order to avoid confusion over the
scope of recommendations on which EPA is requesting comment. Notice of
the issuance of the final RMAN will be provided when the CPG is issued
as a final rule. At that time, the recommendations in EPA's existing
procurement guidelines will be consolidated into the final RMAN.
Later this year, EPA intends to issue a draft paper products RMAN
for public comment. This additional draft RMAN will contain revisions
to EPA's recommended recovered materials content levels for paper
products and address a variety of issues that have been raised as
procuring agencies have implemented affirmative procurement programs
for paper products containing recovered materials. It also will
incorporate the minimum content standards for specified uncoated
printing and writing papers established in section 504 of Executive
Order 12873. Federal executive agencies should note, however, that,
beginning December 31, 1994, the standards in section 504 of the Order
are applicable to their paper purchases whether or not EPA proposes to
add them to the paper guideline. Federal executive agencies also should
note that the Order requires them to purchase paper containing
postconsumer recovered materials or specified recovered materials
immediately.
In addition to establishing the new framework, today's draft RMAN
contains general recommendations for affirmative procurement programs,
recommended recovered materials content levels for the 21 new items
proposed for designation in the CPG, an increase in the recommended
recovered materials content level of rock wool insulation, and a range
of recommended recovered materials content levels for fiberglass
insulation. (Both rock wool and fiberglass insulation were designated
previously in the existing building insulation products procurement
guideline.)
Executive Order 12873 requires EPA to update the recommended
recovered materials content levels periodically to reflect current
usage of recovered materials in designated items. The Agency will
establish a process for the public to provide current information about
the percentages of recovered materials used in designated items. EPA
intends to issue a Federal Register notice that will describe this
process and provide information on how the public can participate.
Today, the Agency is soliciting options for increasing public
participation in developing the updates of the RMAN.
Finally, since EPA uses acronyms for organizations and materials
throughout this preamble, they are listed in Table 1 for the
convenience of the reader.

Table 1.--Acronyms Used in the Recovered Materials Advisory Notice
------------------------------------------------------------------------
Acronym Term
------------------------------------------------------------------------
AASHTO American Association of State Highway and Transportation
Officials.
ASHRAE American Society for Heating, Refrigeration and Air
Conditioning Engineers.
ASTM American Society for Testing and Materials.
BOCA Building Officials Council of America.
CABO Council for American Builders Association.
CPG Comprehensive Procurement Guideline.
DWV Drain, waste, and vent.
E.O. Executive Order 12873.
EPA Environmental Protection Agency.
GGBF Ground granulated blast furnace (slag).
GSA General Services Administration.
HDPE High density polyethylene.
LDPE Low density polyethylene.
PET Polyethylene terephthalate.
PP Polypropylene.
PVC Polyvinyl chloride.
RCRA Resource Conservation and Recovery Act.
RMAN Recovered Materials Advisory Notice.
------------------------------------------------------------------------

III. Recovered Materials Content

A. Use of Minimum Recovered Materials Content Standards

For most designated items, EPA recommends in today's draft RMAN
that procuring agencies establish minimum recovered materials content
standards. EPA stated in previous guidelines that the use of minimum
content standards would satisfy the statutory requirement to procure
products containing the highest levels of recovered materials
practicable (see for example, 53 FR 23553, June 22, 1988).
For some items, the use of minimum content standards is
inappropriate because the product is remanufactured, reconditioned, or
rebuilt (e.g., remanufactured toner cartridges). In these instances,
EPA will recommend that procuring agencies use a substantially
equivalent alternative to the minimum content standards approach. For
example, in the case of toner cartridges, EPA recommends that procuring
agencies establish a two-pronged program consisting of remanufacturing
their expended toner cartridges and purchasing remanufactured toner
cartridges when replacement cartridges are needed. Minimum content
standards are inapplicable because the recovered material is the
expended cartridge, rather than individual components used to produce a
new cartridge.
EPA notes that, under RCRA section 6002(i), it is the procuring
agencies' responsibility to establish minimum recovered materials
content standards, while EPA provides recommendations regarding the
levels of recovered materials in the designated items. To make it clear
that EPA does not establish minimum content standards for other
agencies, EPA will no longer refer to its recommendations as recovered
materials content ``standards,'' as was done in the existing
procurement guidelines. Instead, EPA will refer to its recommendations
as recovered materials content ``levels,'' consistent with RCRA section
6002(e) and Executive Order 12873.
The Order directs EPA to present, in the RMAN, ``the range of
recovered materials content levels within which the designated recycled
items are currently available.'' In meeting this provision, EPA will
recommend ranges that reflect the best information available to the
Agency about the use of recovered materials in the manufacture of a
given item and that encourage manufacturers to use the maximum amount
of recovered materials without compromising competition or product
performance and availability. EPA recommends that procuring agencies
use these ranges, in conjunction with their own research into the
recovered materials content of items available to them, to establish
their minimum content standards. In some instances, EPA will recommend
one level (e.g., 100 percent recovered materials), rather than a range,
because the item is universally available at that recommended level;
EPA recommends that procuring agencies establish their minimum content
standards at that level.

B. Methodology for Recommending Recovered Materials Content Levels

EPA identified and evaluated pertinent data sources and information
regarding the percentages of recovered materials contained in the items
proposed for designation in the CPG. Prior to issuance of Executive
Order 12873, EPA was considering five items for designation--
fiberboard, hydraulic mulch, plastic pipe, geotextiles, and compost.
For these items, EPA reviewed previously-gathered data. For the other
items, EPA reviewed and evaluated information obtained from product
manufacturers. In addition, EPA gathered and evaluated publicly-
available information and information provided by other Federal
agencies. Based on this information, EPA established a range of
recovered materials content levels within which each of the items
proposed for designation is available. In establishing the ranges,
EPA's objective was to ensure the availability of the item, while
challenging manufacturers to increase their use of recovered materials.
EPA believes that a range of content levels is appropriate at this
time for three reasons. First, EPA has only limited information on
recovered materials content levels for the newly-designated items.
Second, rather than being purchased centrally, many of these items will
be purchased locally, meaning that the recovered materials content of
these items is likely to vary substantially, making it problematic to
recommend a single content level at this time. Third, the Executive
Order directs EPA to propose an RMAN that presents ``the range of
recovered materials content levels within which the designated recycled
items are currently available.'' By recommending ranges, EPA believes
that sufficient information will be provided to enable procuring
agencies to set appropriate procurement specifications when purchasing
the newly designated items.
It is EPA's intention to provide procuring agencies with the best
and most current information available to assist them in fulfilling
their statutory obligations under RCRA section 6002. To do this, EPA
will monitor the progress made by procuring agencies in purchasing
designated items with the highest recovered materials content
practicable and will adjust the recommended content ranges accordingly.
EPA anticipates that, over time, the recommended ranges will narrow.
As discussed above, EPA also is increasing the recommended
recovered materials content level for rock wool insulation and adding
recommended recovered materials content levels for fiberglass
insulation, both of which were designated in the existing building
insulation guideline. In the existing procurement guidelines, EPA
recommended a single content level for each designated item. When
changing these recommendations, in those instances where there is
sufficient information on current manufacturing practices to determine
that a single recovered materials content level is appropriate (e.g.,
rock wool insulation), EPA will recommend one. In other instances, EPA
will recommend a range of recovered materials content levels (e.g., for
fiberglass insulation).

IV. Affirmative Procurement Programs

A. General Recommendations

An affirmative procurement program is an agency's strategy for
maximizing its purchases of an EPA-designated item. RCRA section
6002(i) requires that an affirmative procurement program consist of a
minimum of four elements: (1) A preference program; (2) a promotion
program; (3) procedures for obtaining estimates and certifications of
recovered materials content and, where appropriate, reasonably
verifying those estimates and certifications; and (4) procedures for
monitoring and annually reviewing the effectiveness of the program. In
addition, Executive Order 12873 requires an agency affirmative
procurement program to encourage the electronic transfer of documents,
the two-sided printing of government documents, and the inclusion of
provisions in contracts, grants, and cooperative agreements that
require documents to be printed two-sided on recycled paper.
EPA discussed preference programs in the previous section of the
preamble, in which EPA generally recommended that procuring agencies
establish minimum content standards for designated items. This section
of the preamble discusses promotion and monitoring. Certification is
discussed in section IV.B.
In previous guidelines, EPA recommended that specific actions be
taken by requesting officials, contracting officers, and architects and
engineers when purchasing designated items. In consulting with
acquisition policy and requirements officials from several major
Federal agencies, EPA determined that these item-specific
recommendations did not provide enough flexibility for procuring
agencies to determine the appropriate delineation of responsibilities
for implementing the statutory requirements. Based on this information
and because of the broad array of products proposed for designation
today in the CPG, EPA will no longer make specific recommendations for
individuals within an agency to implement the requirements of RCRA
section 6002 and Executive Order 12873. Instead, EPA recommends that
the Environmental Executive within each major procuring agency take the
lead in developing the agency's affirmative procurement program and in
implementing the recommendations set forth in this RMAN.
The basic responsibilities of an Agency Environmental Executive are
described in sections 302 and 402 of Executive Order 12873. Section 302
charges each Agency Environmental Executive with coordinating all
environmental programs in the areas of acquisition, standard and
specification revision, facilities management, waste prevention,
recycling, and logistics. Section 402(c) of the Order further requires
each Agency Environmental Executive to track and report, to the Federal
Environmental Executive, agency purchases of EPA-designated items. In
the absence of such an individual, EPA recommends that the head of the
implementing agency appoint an individual who will be responsible for
ensuring the agency's compliance with RCRA section 6002 and Executive
Order 12873.
Although RCRA section 6002 and the Executive Order require
procuring agencies to establish affirmative procurement programs for
each EPA-designated item, EPA recommends that each agency develop one
comprehensive affirmative procurement program with a structure that
allows for the integration of new items as they are designated. EPA
encourages agencies to implement preference programs for non-guideline
items as well, in order to maximize their purchases of recycled
products and foster markets for recovered materials.
RCRA section 6002(i)(2)(B) requires each procuring agency to adopt
a program to promote its preference to buy EPA-designated items with
recovered materials content. The promotion component of the affirmative
procurement program educates staff and notifies an agency's current and
potential vendors, suppliers, and contractors of the agency's intention
to buy recycled products.
In the previous guidelines, EPA targeted its recommendations for
promoting the affirmative procurement program at the agency's vendors
and contractors. EPA has determined that the education of an agency's
employees is also an important part of the promotion program.
Therefore, EPA believes that an agency's promotion program should
consist of two components: an internal promotion program and an
external promotion program.
There are several methods that procuring agencies can use to
educate their employees about their affirmative procurement programs.
These methods include preparing and distributing agency affirmative
procurement policies, publishing articles in agency newsletters and
publications, including affirmative procurement program requirements in
agency staff manuals, and conducting workshops and training sessions to
educate employees about their responsibilities under agency affirmative
procurement programs.
Methods for educating existing contractors and potential bidders of
an agency's preference to purchase products containing recovered
materials include publishing articles in appropriate trade
publications, participating in vendor shows and trade fairs, placing
statements in solicitations, and discussing an agency's affirmative
procurement program at bidders' conferences.
Procuring agencies should monitor their affirmative procurement
programs to ensure that they are fulfilling their requirements to
purchase items composed of recovered materials to the maximum extent
practicable. RCRA section 6002(i)(2)(D) requires the affirmative
procurement program to include procedures for annually reviewing and
monitoring the effectiveness of agency affirmative procurement
programs. Section 402 of Executive Order 12873 requires the
Environmental Executive of each Executive agency to track and report on
agency purchases of EPA-designated items. Additionally, RCRA section
6002(g) requires OFPP to submit a report to Congress every two years on
actions taken by Federal agencies to implement the affirmative
procurement requirements of the statute. Also, section 301 of Executive
Order 12873 requires the Federal Environmental Executive to submit an
annual report to OMB, at the time of agency budget submission, on
Federal compliance with the Order. In order to fulfill their
responsibilities, EPA anticipates that the Federal Environmental
Executive and OFPP will request information from Federal agencies on
their affirmative procurement practices. Therefore, it is important for
agencies to maintain adequate records of procurements that may be
affected by Executive Order and RCRA requirements.
In order to comply with the Executive Order, agencies will need to
track their purchases of products made with recovered materials
content. This will also allow them to establish benchmarks from which
progress can be assessed. To maintain adequate records on procurement
of products containing recovered materials, procuring agencies may
choose to collect data on the following:
The percentages of recovered materials content in the
items procured or offered;
Comparative price information on competitive procurements;
The quantity of each item procured over a fiscal year;
The availability of each item with recovered materials
content; and
Performance information related to recovered materials
content of an item.
EPA recognizes that a procuring agency may be unable to obtain
accurate data for all items designated by EPA. However, EPA believes
that, in many cases, estimated data will suffice in determining the
effectiveness of the agency's affirmative procurement program.
B. Calculation of Product Content for Purposes of Certification
RCRA section 6002(i)(2)(C) requires the affirmative procurement
program to include procedures for estimating, certifying, and, where
appropriate, reasonably verifying the amount of recovered materials
content utilized in the performance of a contract. In addition, RCRA
section 6002(c) requires contracting officers to obtain from vendors a
certification ``that the percentage of recovered materials to be used
in the performance of the contract will be at least the amount required
by applicable specifications or other contractual requirements.'' When
an item is made on a batch basis, the certification should be for the
recovered materials content of the batch. However, batch certifications
are not always possible; in those cases, certification of recovered
materials use over a specified period of time is appropriate.
Because each product will be different, in today's draft RMAN, EPA
recommends that procuring agencies discuss certification with product
vendors to ascertain the appropriate period for certifying recovered
materials content. EPA recommends that, whenever feasible, the
recovered materials content of a product be certified on a batch-by-
batch basis or as an average over a calendar quarter or some other
appropriate averaging period as determined by the procuring agencies.

V. Recommendations for Vehicular Products

Part B of the draft RMAN contains EPA's recommendations for
vehicular products. EPA's existing recommendations for re-refined
lubricating oil and retread tires will be placed in Sections B-1 and B-
2, respectively, in the final RMAN. Section B-3 contains EPA's
recommendations for engine coolants.

A. Engine Coolants

1. Preference Program
In today's draft RMAN, EPA recommends that procuring agencies whose
vehicles are serviced by a motor pool or vehicle maintenance facility
establish a program for engine coolant reclamation and reuse,
consisting of either reclaiming the spent engine coolants on-site for
use in the agencies' vehicles, or establishing a service contract for
reclamation of the agencies' spent engine coolant for use in the
agencies' vehicles.
EPA has no information about the availability of reclaimed engine
coolants for procurement as a product, although the Agency is aware
that some local government agencies purchase reclaimed engine coolants.
EPA requests information from manufacturers and purchasers about the
performance, availability, and relative price of reclaimed engine
coolants. EPA further requests information from public or private
purchasers of reclaimed engine coolants about specifications used to
procure this item.
Procuring agencies should note that engine coolants can contain
either ethylene glycol or propylene glycol. Because of chemistry
differences, these two types of engine coolant currently must be
reclaimed separately. Therefore, in order to implement an engine
coolant reclamation program, EPA recommends that procuring agencies
purchase only one type of engine coolant or establish procedures to
prevent commingling of engine coolants containing ethylene glycol and
propylene glycol.
Procuring agencies also should note that, in some instances, spent
engine coolant can exhibit the toxicity characteristic of hazardous
waste by failing EPA's Toxicity Characteristic Leaching Procedure
(TCLP). If a procuring agency determines that its spent engine coolant
is a hazardous waste, it must manage the engine coolant in accordance
with applicable Federal or state hazardous waste management
requirements, including the generator requirements found in 40 CFR Part
262 and the requirements for recyclable materials found in 40 CFR
261.6. Because state hazardous waste regulations generally apply in
lieu of the Federal regulations, procuring agencies should contact
their state environmental agency (or, if the state is not authorized,
the appropriate EPA Regional Office) for specific information on
applicable requirements.
2. Background
Engine coolants, also know as antifreeze, are a necessary
automotive chemical. Engine coolants are manufactured from one of two
chemicals: Ethylene glycol or propylene glycol. Coolant additives are
then added to inhibit corrosion within the engine.
Spent engine coolants can be reclaimed by removing contaminants and
breakdown products of the original ingredients and by replacing
corrosion inhibitors. Engine coolant reclamation is done in one of two
ways: filtration or distillation. Reclamation results in both waste
reduction and materials recovery benefits.
There is one potential impediment to reclamation of engine
coolants: the mixing of the two types of engine coolant, ethylene
glycol and propylene glycol. Propylene glycol-based engine coolant has
just recently been marketed nationwide for consumer purchase. Engine
coolant reclaimers will reject spent engine coolant if it contains more
than 1 percent propylene glycol because it interferes with their
reclamation of ethylene glycol due to differences in the chemistry of
the two materials.
Military installations, the Postal Service, and some Federal
civilian agencies have motor pools or vehicle maintenance facilities at
which vehicles are serviced. The Postal Service informed EPA that it
has established engine coolant reclamation programs at all of its
vehicle maintenance facilities. Some Naval installations also reclaim
spent engine coolants or contract for reclamation services. Limited EPA
research revealed that one naval shipyard has been able to recover
6,000 gallons of engine coolant annually. The Postal Service does not
maintain quantitative statistics on its engine coolant reclamation
program.
EPA believes that other procuring agencies can successfully
implement similar programs.
3. Specifications
The American Society for Testing and Materials' (ASTM) D15
committee on engine coolants has published standards for reclaimed
engine coolants. Procuring agencies should refer to ASTM specifications
D 3306 and D 4985.

VI. Recommendations for Construction Products

Part C of the draft RMAN contains EPA's recommendations for
construction products. Recommendations for specific items are in the
following sections of the draft RMAN:
Section C-1--building insulation products,
Section C-2--structural fiberboard and laminated
paperboard products,
Section C-3--plastic pipe and fittings,
Section C-4--geotextiles and related products,
Section C-5--cement and concrete,
Section C-6--polyester carpet, and
Section C-7--floor tiles and patio blocks.

A. Building Insulation Products

EPA recommended an affirmative procurement program for building
insulation products in its 1989 procurement guideline (54 FR 7327, 40
CFR part 248). Specifically, EPA recommended that procuring agencies
use recovered materials content standards when purchasing cellulose
loose-fill and spray-on insulation, perlite composite board, plastic
rigid foam insulation, phenolic rigid foam insulation, and rock wool
insulation. For fiberglass insulation, ``cellulosic'' fiberboards, and
polystyrene rigid foam insulation, EPA recommended that agencies use a
case-by-case approach to purchasing these items containing recovered
materials, because either they were not reasonably available or there
was insufficient competition for EPA to recommend content levels.
Today, EPA is revising the recommendations to (1) increase the
recommended content level for rock wool insulation, (2) recommend a
range of recovered materials content levels for fiberglass insulation,
and (3) recommend recovered materials content levels for structural
fiberboard and laminated paperboard used for insulating purposes. This
section explains the recommendations for fiberglass and rock wool
insulation, while the fiberboard/paperboard recommendations are
explained in section V.B below.
Tables C-1 and C-2 of the draft RMAN contain the recommended
recovered materials content levels for rock wool and fiberglass
insulation products and for fiberboard and paperboard, respectively.
The item designations and definitions for these products are found in
40 CFR part 247.
1. Rock Wool Insulation
EPA is increasing the recommended recovered materials content level
for rock wool insulation products based on a Procurement Guidelines
Advisory (PGA) issued by EPA in 1990 (September 10, 1990). The PGA
presented information obtained through research on use of recovered
materials by the rock wool insulation industry, which indicated that
EPA's original recommended minimum content level for rock wool (50
percent recovered materials) was below the current level of recovered
materials typically being used by rock wool manufacturers. Based on a
request from rock wool manufacturers and additional research, EPA
decided to increase the recommended recovered materials content level
for rock wool insulation to 75 percent recovered materials, thereby
encouraging an increase in the amount of recovered materials used in
rock wool procured by government agencies.
2. Fiberglass Insulation
a. Preference program. In today's draft RMAN, EPA recommends that
procuring agencies establish minimum recovered cullet content standards
for fiberglass insulation, based on EPA's recommended range of 20-25
percent recovered cullet.
b. Background. At the time the building insulation products
procurement guideline was issued, EPA could not identify any
manufacturers that were using recovered materials to make fiberglass
insulation on a routine basis. EPA was aware of several efforts on the
part of manufacturers to do so, however. For this reason, EPA
recommended that procuring agencies conduct market research to
determine if fiberglass insulation containing recovered materials was
available and, if so, try to obtain it on a case-by-case basis. EPA
further recommended that procuring agencies use the case-by-case
approach until they determined that fiberglass insulation containing
recovered materials was reasonably available. Procuring agencies could
then establish minimum content standards for use in purchasing
fiberglass insulation.
Since the guideline was issued, several developments have occurred
that have caused EPA to revisit the feasibility of recommending that
procuring agencies establish minimum content standards for fiberglass
insulation. First, collection of postconsumer glass bottles has
increased, and manufacturers now are using both pre- and postconsumer
glass cullet to make fiberglass insulation more routinely than when the
insulation guideline was issued. Second, in 1991, the State of
California enacted the Fiberglass Recycled Content Act, A.B. 1340,
mandating that fiberglass manufactured and sold within the State
contain specified percentages of cullet; manufacturers have been
producing fiberglass insulation meeting these percentage requirements.
Third, in 1993, the ASTM published consensus Standard Specification D
5359, Glass Cullet Recovered from Waste for Use in Manufacture of Glass
Fiber. This specification is aimed at improving the quality of glass
cullet supplied to fiberglass insulation manufacturers. It creates
three grades of glass cullet and specifies the chemical composition,
color mix ratio, contaminants restrictions, and particle size for each
grade.
The California legislation mandates a ``cullet'' content of 10
percent in 1992, increasing to 20 percent in 1994. ``Cullet'' includes
both postconsumer bottle glass and any other glass not generated by
fiberglass manufacturing. The law also requires that the content
increase to 30 percent in 1995, if it is determined, based on a public
meeting to be held in 1994, that the higher content level is feasible.
Fiberglass insulation manufacturers indicated to EPA that, based on
the availability and cost of recovered cullet meeting their feedstock
specifications, they can now produce fiberglass insulation containing
20 percent recovered cullet. They further indicated that, since the
California law required them to increase cullet usage in fiberglass
insulation manufactured or sold in the State, they believed that
supplies of recovered cullet would increase, and they could increase
cullet content in products available nationwide to 25 percent beginning
in 1997.
From our research and the additional information provided by the
fiberglass manufacturers, EPA concludes that fiberglass insulation
containing 20 percent recovered glass cullet is now reasonably
available nationwide. EPA further concludes that fiberglass insulation
containing postconsumer glass bottle cullet is not reasonably available
due to inconsistent supplies of postconsumer glass cullet meeting the
industry's specifications.
Given the fluctuations in price and availability of cullet meeting
the fiberglass manufacturers' specifications, however, EPA believes
that some manufacturers will be able to use 25 percent cullet at some
of their plants now, while others may not be able to use 25 percent
cullet even in 1997. For this reason, EPA is recommending a recovered
materials content range of 20-25 percent cullet. Using this range,
procuring agencies should establish their minimum content standards for
fiberglass insulation at the highest level practicable.
c. Use of postconsumer glass bottle cullet. EPA is aware that there
are insufficient markets in some parts of the U.S. for postconsumer
glass bottle cullet collected through municipal solid waste programs
and that fiberglass insulation is a potential market for this material.
Fiberglass manufacturers have experienced problems obtaining
postconsumer glass bottle cullet that meets their feedstock quality
specifications, however. EPA requests information on the feasibility of
establishing a postconsumer cullet standard for fiberglass insulation
to create a market for these materials. In particular, EPA requests
information about the sources, availability, and cost of postconsumer
cullet meeting the fiberglass manufacturers' feedstock quality
specification and, in light of this information, recommendations for
the minimum postconsumer cullet content levels that are practicable.
d. Specifications. As previously discussed, in 1993, ASTM issued a
standard for the composition of cullet used in the manufacture of
fiberglass insulation. EPA wants to ensure that procuring agencies are
aware of this standard so that they can promote the availability of
consistent supplies of recovered cullet meeting the feedstock
specifications of the fiberglass manufacturers.
3. Polystyrene Rigid Foam
Polystyrene rigid foam insulation was included in the scope of the
original building insulation products procurement guideline, but EPA
did not recommend a recovered materials content level for this item
because it was commercially unavailable containing recovered materials.
EPA now is aware of one manufacturer using recovered materials. One
manufacturer does not constitute adequate competition, however.
Therefore, EPA requests information on other manufacturers of
polystyrene rigid foam insulations using recovered materials. EPA is
interested in learning the type(s) and percentage(s) of recovered
materials used by each manufacturer.

B. Structural Fiberboard and Laminated Paperboard Products

1. Preference Program
In today's draft RMAN, EPA recommends that procuring agencies
establish minimum recovered materials content standards for use in
purchasing structural fiberboard and laminated paperboard products,
whether for insulating, structural, or decorative applications. EPA
recommends that the standards be based on the content levels shown in
Table C-2 of the draft RMAN.
2. Background
Structural fiberboard and laminated paperboard products, whether
used for insulating or for structural applications, are manufactured
with a variety of recovered materials. In structural fiberboard, the
recovered materials used include wood wastes, bagasse (sugar cane
waste), over-issue newspapers and magazines, and postconsumer
newspaper, corrugated, and mixed paper. In laminated paperboard,
postconsumer paper is the principal recovered material used, including
old newspapers and old corrugated containers. In structural fiberboard
products, the range of recovered paper content is 18 to 100 percent,
with most manufacturers now using 20 percent postconsumer recovered
paper. In laminated paperboard products, two of the manufacturers use
100 percent postconsumer paper, while the third manufacturer uses
varying percentages of postconsumer recovered paper, depending on
customers' specifications.
RCRA section 6002 emphasizes postconsumer content in the case of
paper. Consistent with the Act and because paper and paperboard are the
largest components of the municipal waste stream, EPA believes that it
is important to foster markets for postconsumer recovered paper. EPA
emphasized postconsumer content for most grades of paper and paperboard
in the 1988 paper procurement guideline. In today's draft RMAN, EPA
recommends postconsumer recovered paper content levels for both
structural fiberboard and laminated paperboard products.
EPA does not believe, however, that Congress intended for use of
postconsumer paper to increase in all products at the expense of other
recovered materials. Doing so would simply substitute one component of
the waste stream--paper--for other components. Doing so could also
endanger established markets for the other components. Therefore, we
believe that it is appropriate when purchasing products, such as
structural fiberboard, that can contain other recovered materials in
addition to paper, to encourage continued use of these other recovered
materials as well. The recovered materials content levels recommended
today for structural fiberboard products balance usage of both kinds of
recovered materials and recognize that these products create a market
for bagasse and wood wastes, as well as for postconsumer paper.
a. Structural fiberboard products. There are seven manufacturers of
structural fiberboard. Table 2 shows the current recovered materials
content of their products. While one manufacturer of structural
fiberboard products is able to use 100 percent postconsumer recovered
paper, the other manufacturers are not able to do so. These other
manufacturers use different processes and equipment that were not
designed to handle larger percentages of recovered paper. Fiberboard is
made from a watery pulp which is deposited on a screen, after which
water is vacuumed off. Because paper holds water, introduction of
levels of recovered paper greater than 20 percent requires a reduction
in the speed of the production line in order to dry the board. As a
result, production costs increase.

Table 2.--Recovered Materials Content of Structural Fiberboard Products
------------------------------------------------------------------------
Percentage
Manufacturer Type of recovered materials
------------------------------------------------------------------------
Company A..... 100 Postconsumer newspapers.
Company B..... 60 Recovered wood, postconsumer and over-issue
paper.
80 Bagasse.
Company C..... 20 Postconsumer paper.
Company D..... 5 Postconsumer newspaper and corrugated.
Company E..... 0 Experimenting with up to 25 percent
postconsumer/over-issue newspaper.
Company F..... 10-15 Postconsumer newspaper.
Company G..... 0 Experimenting with up to 10 percent
postconsumer newspaper.
------------------------------------------------------------------------

Based on this information, EPA proposes that procuring agencies
establish a two-part minimum recovered materials content standard for
use in purchasing structural fiberboard, consisting of a postconsumer
recovered paper component and a recovered materials component. In
today's draft RMAN, EPA recommends content levels of 20 percent for the
postconsumer recovered paper component, and 40-80 percent for the
recovered materials component. In other words, EPA recommends that
structural fiberboard products contain a total recovered materials
content between 60 and 100 percent recovered materials, including 20
percent postconsumer recovered paper. This standard challenges those
manufacturers using less than 20 percent postconsumer recovered paper
to increase their usage of these materials. At the same time, it
recognizes that several structural fiberboard manufacturers utilize
high percentages of other recovered materials.
As shown in Table 2, some manufacturers are now using postconsumer
recovered paper in combination with over-issue paper (a preconsumer
material). Under today's recommended recovered materials content level,
the use of over-issue recovered paper cannot be counted toward the
postconsumer recovered paper component but would count toward the total
recovered materials content.
b. Laminated paperboard products. EPA knows of three manufacturers
of laminated paperboard products that use recovered materials. Two
manufacturers use 100 percent postconsumer paper. The third
manufacturer uses varying amounts of postconsumer paper, depending on
its customers' specifications. Based on this information, EPA is
recommending recovered materials content levels for laminated
paperboard products of 100 percent postconsumer recovered paper.
3. Specifications
a. Structural fiberboard products. The primary product standard
used for structural fiberboard products is ASTM C 208, Insulating Board
(Cellulosic Fiber), Structural and Decorative. Fiberboards made with
wood, bagasse, and paper can satisfy this standard. However, the
specification lists wood and ``cane,'' but not paper, as cellulosic
fibers, and does not include floor underlayment and roof overlay, two
products which are made by a structural fiberboard manufacturer using
100 percent postconsumer paper. Therefore, in today's draft RMAN, EPA
recommends that procuring agencies reference the technical requirements
of this standard and specify that structural fiberboard products made
from recovered paper and products such as floor underlayment and roof
overlay are included.
Another pertinent specification is the American National Standard
for Cellulosic Fiberboard (ANSI/AHA A194.1-1985). It neither requires
use of virgin materials nor precludes use of recovered materials and,
therefore, is appropriate to use with structural fiberboard products
containing recovered materials.
In addition, the American Society of Heating, Refrigeration and Air
Conditioning Engineers (ASHRAE) provides thermal ratings for
``vegetable'' fiberboards including ``homogeneous board from repulped
paper'' used as building board.
b. Laminated paperboard products. No ASTM or other single
specification exists that contains requirements for laminated
paperboard. However, laminated paperboard products are tested using
some of the standards specified in product and testing specifications
for structural fiberboard. Additionally, laminated paperboard products
are tested against major codes, including Federal Housing
Administration, the Council for American Builders Association (CABO),
the Building Officials Council of America (BOCA), and the International
Conference of Building Officials. Reports of both CABO and BOCA provide
results of tests of laminated paperboard products. ASHRAE also provides
thermal ratings for laminated paperboard products.
c. ``R''-values. As with other products made with recovered
materials, EPA believes that specifications for structural fiberboard
and laminated paperboard products should focus on performance
requirements. For insulating products, energy value or ``R'' value, is
a principal performance standard. EPA was told that ``R'' value
specifications, if set at inappropriately high levels, can be used to
preclude products made with recovered materials. In today's draft RMAN,
EPA recommends that agencies review their specifications and revise
them as appropriate to obtain the appropriate ``R'' value needed
without unnecessarily precluding the purchase of products containing
recovered materials.

C. Plastic Pipe and Fittings

1. Preference Program
In today's draft RMAN, EPA recommends that procuring agencies
establish minimum recovered materials content standards for use in
purchasing plastic pipe and fittings for the following non-pressure
applications: Drainage; sewer; drain, waste and vent (DWV); and
conduit. EPA recommends that procuring agencies establish the standards
within the range of recovered materials content levels shown in Table
C-3 of the draft RMAN.
2. Background
Plastic pipe and fittings are currently manufactured with recovered
PVC and HDPE. The following sections and Table 3 provide information on
the current availability of pipe and fittings containing recovered
materials for the non-pressure applications covered by this guideline.
Each entry on Table 3 reflects data from a manufacturer; however,
manufacturers names are not listed. It should be noted that some
manufacturers produce more than one product (e.g., both corrugated and
smoothwall drainage pipe).

Table 3.--Recovered Materials Content of Plastic Pipe
------------------------------------------------------------------------
Postconsumer Total recovered
Pipe application Resin materials materials
(percent) (percent)
------------------------------------------------------------------------
Corrugated drain. HDPE............. 20-50........... 55.
HDPE............. 30.............. 100.
HDPE............. Up to 100....... 100.
HDPE............. 20-50........... 40-50.
HDPE............. 100............. 100.
Smoothwall drain. HDPE............. 20.............. 55.
HDPE............. 85.............. 100.
HDPE............. Up to 100....... Up to 100.
HDPE............. Not available... Not available.
PVC.............. 0............... Up to 100.
Sewer............ PVC.............. 0............... 20-30.
PVC/HDPE......... 0............... 40-100.
HDPE............. Not available... Not available.
PVC.............. Up to 100....... Up to 100.
Drain, waste and PVC/HDPE......... 40-100.......... 40-100.
vent (DWV).
Conduit.......... PVC.............. Not available... Not available.
------------------------------------------------------------------------

a. Drainage. EPA has identified 10 manufacturers of drainage pipe
(both corrugated and smoothwall) using total recovered materials
contents ranging from 40 to 100 percent. Six of the 10 manufacturers
reportedly use up to 100 percent total recovered HDPE. Eight of the 10
drainage pipe manufacturers use postconsumer HDPE as well, ranging from
20 to 100 percent. Thus, the majority of drainage pipe manufacturers
that use recovered materials are currently using postconsumer resin,
which indicates to EPA that the technical feasibility of manufacturing
drainage pipe with up to 100 percent postconsumer materials has been
adequately demonstrated. Therefore, for drainage pipe and fittings, EPA
recommends minimum postconsumer recovered materials content levels
between 40 and 100 percent.
Based on the information in Table 3, there is no substantial
difference in the range of recovered materials for corrugated and
smoothwall pipe. Therefore, EPA recommends that procuring agencies
establish one recovered materials standard to cover both types of
drainage pipe.
EPA believes that manufacturers have demonstrated that it is
technically feasible to produce drainage pipe made with up to 100
percent postconsumer HDPE. However, EPA requests comment on whether
there is an adequate supply of quality postconsumer HDPE feedstock to
meet the needs of the drainage pipe market.
b. Sewer. EPA has identified four manufacturers of sewer pipe made
of recovered materials ranging from 20 to 100 percent. Although two of
these manufacturers reportedly use HDPE, EPA understands that PVC is
the dominant resin used in the manufacture of sewer pipe. The American
Plastics Council reported that only 0.2 percent of postconsumer PVC
sold in 1992 was recycled, compared with a 5 percent recycling rate for
postconsumer HDPE. Postconsumer PVC is not as widely available as
postconsumer HDPE. Therefore, for sewer pipe and fittings, EPA is
recommending total recovered materials content levels of 40 to 100
percent, rather than postconsumer recovered materials content levels.
EPA requests comment on whether there is an adequate supply of quality
postconsumer PVC to justify recommending postconsumer content levels.
Further, EPA seeks information on the availability of any standards,
such as described above in section VI.A.2 for glass cullet, that are
being used to specify the quality requirements of postconsumer PVC
feedstock, which would aid in fostering increased markets for this
material.
c. DWV. EPA has information on only one manufacturer of DWV pipe,
who reportedly uses 40 to 100 percent recovered PVC or HDPE. However,
it is likely that there are other manufacturers of DWV pipe that use
recovered materials, but do not market their product as such. EPA
understands from discussions with pipe industry representatives that
PVC is the dominant resin used in DWV manufacturing. EPA is not
recommending postconsumer recovered materials content levels for DWV
pipe at this time, for the reasons cited above for sewer pipe. Rather,
for DWV pipe and fittings, EPA recommends minimum recovered content
levels in a range of 40 to 100 percent total recovered materials
content. EPA seeks information on other manufacturers of DWV pipe made
from recovered materials, including the percentages of total recovered
resin and postconsumer resin and the type of resin used.
d. Conduit. EPA understands that PVC is the dominant resin used in
the manufacture of conduit. Available information indicates no
technical reasons why conduit could not contain recovered resin,
because the manufacturing process and performance requirements are
similar to those for the other types of pipe covered by the
Comprehensive Procurement Guideline. Therefore, for conduit, EPA
recommends recovered materials content levels in the range of 40 to 100
percent total recovered materials--the same range recommended for the
other types of pipe. Due to the low availability of postconsumer PVC
feedstock, EPA is not recommending postconsumer recovered materials
content levels for conduit at this time.
EPA has not identified manufacturers of conduit who market their
product as containing recovered resin, although EPA believes that at
least one manufacturer is currently using recovered materials.
Therefore, EPA requests information on the manufacture of conduit
containing recovered resin and the percentage of recovered materials
used.

3. Specifications

ASTM has approximately 20 standards for non-pressure HDPE and PVC
pipe. (These standards are listed in the feasibility study for a
plastic pipe procurement guideline, which has been placed in the docket
for today's draft RMAN.) The materials specifications of some of these
standards explicitly require the use of virgin resin; others neither
allow nor preclude recovered materials content. Manufacturers who use
recovered resin in their pipe products cannot meet the virgin materials
requirement of some ASTM standards; however, they can receive
verification by independent testing labs that their products meet the
performance requirements contained within those standards. For the past
few years, many members of ASTM have been interested in allowing the
use of recovered materials, either by revising existing material
requirements or developing new standards. However, ASTM's process of
revising or developing a standard often takes several years. ASTM
currently has a few projects to develop new standards, or revise
existing standards, that allow recovered resin in certain non-pressure
pipe applications.
In today's draft RMAN, EPA recommends that procuring agencies
evaluate the ASTM standards which pertain to their pipe applications to
determine whether those standards preclude the use of recovered resin.
If the applicable ASTM standard precludes recovered materials, EPA
encourages procuring agencies to purchase pipe that is certified to
meet the applicable ASTM performance requirements, in lieu of being
``ASTM approved''. Procuring agencies also are encouraged to review
their own construction specifications and revise them to allow for pipe
meeting the ASTM performance standards and made from recovered
materials.
The American Association of State Highway and Transportation
Officials (AASHTO) Standard M 252-93, ``Corrugated Polyethylene
Drainage Tubing,'' also precludes the use of recovered resin. EPA
understands that some members of AASHTO are evaluating whether
sufficient testing and performance data exist to consider revising this
standard to allow for pipe made of recovered materials. EPA encourages
revision of the AASHTO standard if the technical data satisfy the
concerns about the performance of plastic pipe containing recovered
resins.

D. Geotextiles and Related Products

1. Preference Program
In today's draft RMAN, EPA recommends that procuring agencies
establish recovered materials content standards, based on the recovered
materials content levels shown in Table C-4 of the draft RMAN, for use
in purchasing geotextiles. EPA further recommends that procuring
agencies establish recovered materials content standards for the
geotextile component of a geocomposite based on the recovered materials
content levels shown in Table C-4.
2. Background
Geotextiles are currently manufactured with recovered polyethylene
terephthalate (PET) and polypropylene (PP). The following sections and
Table 4 provide information on the current availability of geotextiles
and related products containing recovered materials. Each entry in
Table 4 represents data from a manufacturer; however, manufacturers
names are not listed.

Table 4.--Recovered Materials Content of Geotextiles and Related
Products
------------------------------------------------------------------------
Total
Postconsumer Recovered
Product Resin Materials Materials
(Percent) (Percent)
------------------------------------------------------------------------
Geotextiles......................... PP 20 20
PP (\1\) 100
PET (\1\) 100
PET (\1\) 100
PET (\1\) 100
Geocomposites....................... PET 60 60
PET 60 60
Geonets............................. (\2\) (\2\) (\2\)
Geogrids............................ (\2\) (\2\) (\2\)
------------------------------------------------------------------------
\1\Not available.
\2\No available information.

a. Geotextiles. As shown in Table 4, geotextiles are currently
produced using recovered PP and PET, including postconsumer recovered
resin. EPA knows of two additional companies that reportedly use
recovered plastic to make geotextiles; however, the specific percentage
of recovered materials content could not be obtained and, therefore,
was not included in Table 4.
(i) Polyethylene terephthalate. Three geotextile manufacturers
produce needlepunched, nonwoven polyester geotextiles from 100 percent
recovered PET. EPA does not have information on the percentage of
postconsumer content in these products. However, EPA believes that it
is technically feasible to manufacture geotextiles with a high percent
of postconsumer PET, and that there are sufficient supplies of
postconsumer PET feedstock available for the geotextile market. In
1992, postconsumer PET had the highest recycling rate of all plastic
resins, 23.8 percent (460.5 million pounds), according to the American
Plastics Council. Therefore, for geotextiles made of PET, in today's
draft RMAN, EPA recommends recovered materials content levels in a
range of 50 to 100 percent postconsumer materials.
(ii) Polypropylene. One company produces woven and nonwoven
geotextiles containing 20 percent postconsumer PP. Another manufacturer
produces geotextiles from 100 percent recovered PP for use in erosion
control applications. The American Plastics Council reported that, in
1992, postconsumer PP was recycled at a rate of 3.0 percent (222.4
million pounds). EPA believes that there is a sufficient supply of
postconsumer PP to justify recommending recovered materials content
levels in a range of 20 to 100 percent postconsumer materials. EPA
believes that if procuring agencies purchase geotextiles within this
range, there will be an increase in demand for postconsumer PP, which
may thereby contribute to an increase in its diversion from the waste
stream. EPA requests information on whether there are sufficient
supplies of postconsumer recovered PP of appropriate quality to meet
the needs of the geotextile industry. EPA also requests information on
whether there are any quality specifications for postconsumer PP
feedstock, such as the ASTM specification for glass cullet described in
section V.A.2 above, which would be useful to plastics processors and
remanufacturers. In addition, EPA requests comment on whether a
separate standard should be recommended for woven vs. nonwoven
geotextiles (either made of PET or PP), due to the higher strength
properties of woven geotextiles.
b. Geogrids and geonets. No geogrid or geonet manufacturers are
known to use recovered plastic to make their products. EPA requests
comment on whether there are manufacturers of geogrids and geonets
containing recovered resin.
c. Geocomposites. Geocomposite products are combinations of other
types of geosynthetics, for example, geogrid-geomembrane composites,
geotextile-geomembrane composites, and geotextile-geotextile
composites. EPA is aware of two geocomposite manufacturers that make
their products with 60 percent postconsumer PET, and market their
products for landfill liner and cap applications. EPA understands that
the geocomposites made by one of these companies consist of a 100
percent recovered PET geotextile combined with a geomembrane.
EPA is not recommending separate recovered materials content levels
for geocomposites; however, EPA recommends that procuring agencies
establish minimum recovered materials content standards for the
geotextile layer of geocomposites, based on the recovered materials
content levels for geotextiles set forth in Table C-4 of the draft
RMAN.
3. Specifications
EPA has identified no standards that preclude the use of recovered
resin in the manufacture of geotextiles, geonets, geogrids or
geocomposites.
a. Geotextiles. Standards for the manufacture and use of
geotextiles are governed primarily by ASTM. ASTM's Committee D-35 on
Geosynthetics has developed 22 standards, 13 of which apply to
geotextiles. All but one of these geotextile standards describe
procedures for testing geotextiles for certain properties, such as
tensile strength and ultraviolet light resistance. These test methods
are used mainly to compare different types of geotextiles and for
acceptance testing. The one ASTM geotextile standard that is not a test
method provides instructions on how to accept, store, and handle
geotextiles. None of these standards require that geotextiles be
manufactured with virgin resin.
Other groups that oversee the use of geotextiles include the
AASHTO, State Departments of Transportation, and several Federal
agencies such as the Federal Highway Administration and EPA. None of
these groups require that geotextiles be made of virgin resin.
Because there are no specifications that prohibit the use of
recovered resins in the manufacture of geotextiles, EPA does not
foresee that procuring agencies will encounter any problems with
procuring geotextiles containing recovered materials that meet the
desired applications.
b. Geogrids, geonets, and geocomposites. Only one of the 13 ASTM
geotextile standards also applies to these related products. This
standard, ASTM D 4716, ``Standard Test Method for Constant Head
Hydraulic Transmissivity (In-Plane Flow) of Geotextiles and Geotextile
Related Products,'' describes how to measure the flow of water through
geotextiles and related products under different circumstances. This
standard does not preclude the use of recovered plastics in the
manufacture of geotextiles or related products.

E. Cement and Concrete Containing Ground Granulated Blast Furnace Slag

1. Preference Program
In today's draft RMAN, EPA recommends that procuring agencies
revise their procurement programs for cement and concrete or for
construction projects involving cement and concrete to allow use of
ground granulated blast furnace (GGBF) slag, as appropriate. EPA
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 GGBF slag,
where appropriate.
Due to variations in GGBF slag, cement strength requirements,
costs, and construction practices for the particular cement or concrete
application, EPA is not recommending that procuring agencies establish
a specific minimum content standard for cement or concrete containing
GGBF slag. However, EPA notes that, according to ASTM Standard
Specification C 595, Standard Specification for Blended Hydraulic
Cements, 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 to ASTM C 595 for the GGBF slag content
appropriate for the intended use of the cement and concrete.
2. Background
EPA's 1983 procurement guideline for cement and concrete containing
fly ash contains recommendations for the use of those products. In the
Comprehensive Procurement Guideline proposed elsewhere in the Federal
Register today, EPA is proposing to amend the cement and concrete
designation to add use of GGBF slag. As explained in the proposed CPG,
EPA considered designating cement and concrete containing GGBF slag in
the 1983 guideline but did not do so because the product was not
available nationwide. From information recently provided by GGBF slag
producers, EPA concludes that GGBF slag is now sufficiently available
to add it to the cement and concrete guideline.
EPA proposes to revise the 1983 recommendations to incorporate the
use of GGBF slag in cement and concrete. Specifically, EPA is revising
the general procurement provision and the sections on guide
specifications, contract specifications, materials specifications, and
performance standards. In the final RMAN, EPA will combine the proposed
revisions with the existing recommendations for cement and concrete
containing fly ash.
There has been some confusion about whether the scope of the 1983
cement and concrete guideline includes municipal combustor ash, because
the title of the guideline is ``cement and concrete containing fly
ash.'' While the text of the 1983 guideline clearly explains that the
item designation is limited to fly ash generated by coal burning
utilities, EPA plans to clear up any ambiguity in the final RMAN, by
referring to the material as coal fly ash.
3. Specifications
ASTM, AASHTO, and the American Concrete Institute publish consensus
specifications for cement and concrete, including the use of recovered
materials such as GGBF slag in these items. EPA lists these
specifications in the draft RMAN and recommends that procuring agencies
use these voluntary consensus specifications for cement and concrete
containing GGBF slag.
In addition, the States of Maryland, West Virginia, Pennsylvania,
Virginia, Georgia, South Carolina, and Florida have adopted
specifications which allow use of GGBF slag in cement and concrete. The
specifications are available from the state transportation departments
should procuring agencies wish to adapt them for use in their
affirmative procurement programs for cement and concrete containing
GGBF slag.

F. Carpet

1. Preference Program
In today's draft RMAN, EPA recommends that, for polyester carpet
used in low- and medium-wear applications, procuring agencies establish
minimum content standards at a level of 100 percent postconsumer
recovered materials, as shown in Table C-6 of the draft RMAN.
EPA further recommends that Federal procuring agencies use GSA's
New Item Introductory Schedule when purchasing polyester carpet
containing recovered materials. EPA also recommends that procuring
agencies review their specifications and revise them to permit, where
suitable, the use of polyester carpet containing recovered materials.
In particular, EPA recommends that agencies currently limiting carpet
materials to nylon and/or wool consider adding polyester carpet, where
appropriate, to enable them to procure carpet containing recovered
materials.
2. Background
Broadloom carpet, meaning roll goods in 12-foot widths, for wall-
to-wall installation, generally is comprised of face fibers (made of
nylon, polyester, wool, or polyethylene) inserted into a primary
backing, which is usually made of polypropylene materials. The majority
of carpet manufactured in the U.S. is made of nylon carpet fibers, with
a smaller percentage (about 10 percent) made of polyester.
In the CPG, the proposed item designation for polyester carpet is
limited to uses in low- and medium-wear applications. Therefore, the
recommendations for recovered materials content levels are also limited
to polyester carpet used in low- and medium-wear applications.
As discussed in the CPG, although nylon comprises a much larger
share of the carpet fiber market than polyester, at this time, carpet
containing recovered materials is being manufactured only from
recovered PET. In addition, one major manufacturer of nylon and nylon
carpet fibers has initiated a pilot project to recover nylon from old
carpet and remanufacture it into new products, including new carpet
fiber. Because this process is only now being developed, EPA is
limiting the proposed item designation in the CPG to polyester carpet
and is not recommending recovered materials content levels for nylon
carpet in today's draft RMAN.
The General Services Administration (GSA) lists recovered polyester
carpet on its current New Item Introductory Schedule (NIIS), which is
effective until September 30, 1995. EPA has identified two companies
that manufacture carpet fiber with 100 percent postconsumer PET. One of
these vendors is currently listed under this GSA contract. An item may
be listed on the NIIS for up to 3 years; during that time, the item can
be purchased by Federal agencies while testing is conducted and data
are gathered to ensure the product's performance. If the item is
acceptable and demand warrants, it may be placed under a permanent
method of supply.
3. Specifications
GSA does not establish specifications for items listed on a New
Item Introductory Schedule. GSA currently does not have separate
specifications for polyester carpet made of recovered materials, but
does require that carpet containing recovered materials meet the same
technical requirements as carpet made from virgin materials. Examples
of GSA's specifications for polyester carpet include pile density, pile
weight, twist, colorfastness, tuft bind, and flammability. The test
methods required to verify these specifications are consistent with
those of other organizations (e.g., ASTM).
Today's draft recommendations for polyester carpet do not apply in
cases where Federal specifications require the use of carpet made with
nylon, wool, or other materials. However, if a specification allows
flexibility in choosing the type of carpet fiber, EPA recommends that
procuring agencies evaluate whether polyester carpet is appropriate to
meet their needs, and, if so, to specify polyester carpet containing
recovered materials.

G. Floor Tiles and Patio Blocks

1. Preference Program
In today's draft RMAN, EPA recommends that, for floor tiles and
patio blocks made of rubber or plastic, procuring agencies establish
minimum recovered materials content standards. EPA recommends that
procuring agencies establish the standards within the range of
recovered materials content levels shown in Table C-7 of the draft
RMAN. EPA's recommendation does not preclude procuring agencies from
purchasing floor tiles or patio blocks manufactured from another
material. It simply recommends that procuring agencies, when purchasing
floor tiles or patio blocks made from rubber or plastic, purchase these
items made from recovered materials.
2. Background
Table 5 provides information on the availability of floor tiles and
patio blocks made of recovered materials. Each entry reflects data from
a manufacturer; however, manufacturers names are not listed.

Table 5.--Recovered Materials Content of Floor Tiles and Patio Blocks
------------------------------------------------------------------------
Total
Post- recovered
Product Material consumermaterials(percent) materials
(percent)
------------------------------------------------------------------------
Floor Tiles..... Rubber......... 75-95 95
Rubber......... 75-95 75-95
Rubber......... 90 90
Rubber......... 99 99
Rubber......... 98 98
PVC............ 100 100
20 100
PVC............ 100 100
PVC............ (\1\) 100
PVC............ (\1\) 100
Mixed plastic.. (\1\) (\1\)
PVC............ (\1\) 90-100
Patio Blocks.... Rubber......... (\1\) (\1\)
Rubber......... 100 100
Rubber......... 100 100
Composite 20 100
plastics.
Plastic/wood... 60 100
Rubber/plastic. 80-90 (\2\)
------------------------------------------------------------------------
\1\Not available.
\2\Up to 90.

a. Floor tiles. EPA has identified 10 manufacturers and/or
distributors of floor tiles containing recovered materials. The
recovered materials used in these products include rubber derived from
old tires, and various plastic resins, most commonly PVC (i.e., vinyl).
Five of the 10 companies make floor tiles with postconsumer tire
rubber, with recovered materials content levels ranging from 75-99
percent. The companies add a small amount of virgin rubber, adhesive
fabric, or coloring agents to their products. All five companies market
their products nationally for applications such as entrance ways in
airports and stores, furniture showrooms, skating rinks, and fitness
centers. For floor tiles made of rubber, EPA recommends minimum
postconsumer recovered materials content levels between 90 and 100
percent.
Five of the 10 companies nationally market floor tiles made from
recovered plastic, mainly PVC, in a range of 90 to 100 percent total
recovered materials, with 20 to 100 percent postconsumer resin. A few
types of floor tile are made of 90 to 100 percent preconsumer PVC from
swimming pool liners, roof membranes, and automobile dashboard cutouts.
These interlocking tiles are used in various applications, such as
fitness centers, bathrooms, and cafeterias. Another type of tile is
made of 100 percent postconsumer PVC from car doors and fender strips.
These interlocking tiles are used for heavy-duty applications such as
entrance vestibules, work areas behind cashier counters, and under
heavy equipment in fitness centers. Because supplies of postconsumer
PVC are not widely available, for floor tiles made of recovered
plastic, EPA recommends total recovered materials content levels
between 90 and 100 percent.
b. Patio blocks. EPA has identified 6 manufacturers of patio blocks
made with recovered materials. The recovered materials used to make
these products include rubber derived from old tires and blends of
plastics resins (e.g., HDPE and LDPE), rubber/plastic, and rubber/wood.
Two manufacturers offer patio blocks containing 100 percent
postconsumer tire rubber. One manufacturer offers a product made of a
rubber/plastic blend containing 80-90 percent postconsumer recovered
materials. Based on this information, for patio blocks containing
rubber or rubber blends (e.g., rubber/plastic or rubber/wood), EPA
recommends recovered materials content levels of 90-100 percent
postconsumer recovered materials.
Two manufacturers offer patio blocks made with blends of recovered
plastic materials. One of these manufacturers produces patio blocks
made with composite plastic (HDPE and LDPE) containing 20 percent
postconsumer recovered materials and 100 percent total recovered
materials.
The other manufacturer offers patio blocks made of a plastic/wood
blend containing 60 percent postconsumer materials and 100 percent
total recovered materials. Because some of the resins used to make
patio blocks are not widely available at this time from postconsumer
sources (e.g., LDPE), for patio blocks made of plastic or plastic
blends, EPA recommends total recovered materials content levels in a
range from 90-100 percent.
3. Specifications
Floor tiles made of recovered rubber or plastic have been used in a
variety of applications, including fitness centers, bathrooms,
cafeterias, entrance vestibules, work areas, and laboratories. These
uses are consistent with the potential uses by procuring agencies.
Patio blocks made of recovered materials have been used in the
construction of garden walkways and trails. EPA is not aware of any
specifications that prohibit the use of recovered materials in the
manufacture of floor tiles or patio blocks.
EPA knows of one specification for rubber floor tiles, ASTM F 1344,
``Standard Specification for Rubber Floor Tile.'' This specification
does not preclude the use of recovered materials in the manufacture of
floor tiles. EPA is not aware of any specifications for patio blocks
and requests information about them.

VII. Recommendations for Transportation Products

Part D of the draft RMAN contains EPA's recommendations for
transportation products. Today, in Section D-1, EPA makes
recommendations for temporary traffic control devices.

A. Temporary Traffic Control Devices

1. Preference Program
In today's draft RMAN, EPA recommends that, based on the recovered
materials content levels shown in Table D-1, procuring agencies
establish minimum content standards for traffic cones and Type I and
Type II traffic barricades.
2. Background
a. Traffic cones. As shown in Table 6, traffic cones are currently
manufactured using LDPE, PVC, and crumb rubber from tires. Percentages
of recovered LDPE and PVC range from 50 to 100 percent, with the
postconsumer content of these materials ranging up to 15 percent. The
base of the cones is typically manufactured from 50 to 100 percent
crumb rubber derived from whole scrap tires or buffings recovered
during the retreading process. ``Buffings'' are considered to be
postconsumer recovered materials.
Based on this information, in today's draft RMAN, EPA recommends
recovered materials content levels in the range of 50-100 percent total
recovered materials for traffic cones, consisting of recovered plastic
resins, rubber from whole scrap tires or derived from the retreading
process, or blends of the two materials. At this time, due to the fact
that many of the traffic cones identified by EPA contained relatively
small percentages of postconsumer recovered plastics, EPA is not
recommending that procuring agencies establish a postconsumer recovered
materials content standard. Most manufacturers of these products
indicated that they were seeking to increase percentages of
postconsumer recovered content, however. Should procuring agencies
establish postconsumer recovered materials content standards, the
supply of traffic cones meeting the standards might not be sufficient.
EPA is requesting information on the availability of traffic cones
manufactured with postconsumer recovered materials that meet Federal
performance specifications.

Table 6.--Recovered Materials Content in Traffic Cones and Traffic
Barricades
------------------------------------------------------------------------
Postconsumer Total recovered
Type of product Material materials materials
(percent) (percent)
------------------------------------------------------------------------
PVC.............. 3-15............ 68-92.
PVC.............. 6-7............. 50.
PVC.............. 0............... 100.
Traffic cones.... Crumb rubber..... 15-25........... 15-25.
Crumb rubber-base 50-100.......... 100.
LDPE-cone........ 0............... 50.
HDPE............. 50-100.......... 100.
HDPE............. 80-100.......... 100.
HDPE............. 99-100.......... 100.
Traffic
barricades.
(Types I and HDPE + LDPE...... 90.............. 100.
II).
HDPE + PET....... 80-100.......... 100.
Fiberglass....... 0............... 100.
Wood + Metal..... Not available... Not available.
------------------------------------------------------------------------

b. Traffic barricades. As shown in Table 6, Type I and II traffic
barricades are typically made from wood, metal, HDPE, PET, LDPE,
fiberglass or combinations of these materials. For barricades
containing recovered plastic, percentages of postconsumer recovered
plastic range from 50 to 100 percent, with total recovered materials
content at 100 percent. Four of the five manufacturers use 80-100
percent postconsumer recovered plastic. EPA was not able to obtain
information on use of recovered wood or metals and requests this
information for Type I, Type II or Type III traffic barricades.
Based on the information in Table 6, for Type I and II traffic
barricades, EPA recommends a minimum recovered materials content level
of 100 percent total recovered materials content. In addition, for
barricades containing recovered plastic resins, EPA recommends
postconsumer recovered plastic levels in a range from 80-100 percent.
Numerous manufacturers in the United States make traffic barricades
capable of meeting or exceeding this content level.
3. Specifications
Section 635 of ``Standard Specifications for Construction of Roads
and Bridges on Federal Highway Projects, FP-85'' contains Federal
specifications for temporary traffic control devices. This section
includes descriptions of various temporary traffic control devices. EPA
examined the specifications and found that section 635.02 of these
specifications does not preclude the use of recovered materials in
these devices. The Federal specifications reference the requirements
contained in the MUTCD, which also do not preclude use of recovered
materials.
In addition to the Federal specifications, state procuring agencies
may have additional materials or performance requirements for temporary
traffic control devices. Several state procuring agencies have
additional requirements and programs to test or confirm materials
properties of traffic control devices prior to acceptance of shipment.
Most currently available traffic barricades containing recovered
materials are able to meet or exceed specific state requirements. In
addition, at least five states explicitly specify a preference for
traffic control devices made from recovered materials.

VIII. Recommendations for Park and Recreation Products

Part E of the draft RMAN contains EPA's recommendations for park
and recreation products. Today, in Section E-1, EPA is making
recommendations for playground surfaces and running tracks.

A. Playground Surfaces and Running Tracks

1. Preference Program
In today's RMAN, EPA recommends that, based on the recovered
materials content levels shown in Table E-1, procuring agencies
establish minimum recovered materials content standards for use in
purchasing playground surfaces and running tracks made of rubber or
plastic. EPA's recommendation does not preclude procuring agencies from
purchasing playground surfaces or running tracks manufactured from
another material. It simply recommends that procuring agencies, when
purchasing playground surfaces or running tracks made from rubber or
plastic, purchase these items made from recovered materials.
2. Background
Tables 7 and 8 provide information on the availability of
playground surfaces and running tracks made of recovered materials,
respectively. Each entry represents data from a manufacturer or
distributor; however, company names are not listed.

Table 7.--Recovered Materials Content of Playground Surfaces
----------------------------------------------------------------------------------------------------------------
Postconsumer material Total recovered
Product Material (percent) materials (percent)
----------------------------------------------------------------------------------------------------------------
Rubber/asphalt.............. 60 (tires)/40 (asphalt).... 100
Rubber...................... 100........................ 100
Rubber...................... 100........................ 100
Rubber...................... 90......................... 90
Rubber...................... 50......................... 50
Rubber...................... 100........................ 100
Playground surfaces......... Rubber...................... 100........................ 100
Rubber...................... 100........................ 100
Rubber/compost.............. 100........................ 100
Rubber/PVC.................. 80 (rubber)/20 (PVC)....... 100
PVC......................... 100........................ 100
Rubber...................... 100........................ 100
Rubber...................... 100........................ 100
Rubber...................... 90......................... 90
Rubber...................... 90......................... 90
Rubber...................... 90......................... 90
Rubber...................... 100........................ 100
Rubber...................... 100........................ 100
Rubber...................... 100........................ 100
Rubber...................... 100........................ 100
Rubber...................... 100........................ 100
----------------------------------------------------------------------------------------------------------------

Table 8.--Recovered Materials Content of Running Tracks
----------------------------------------------------------------------------------------------------------------
Postconsumer material Total recovered
Product Material (percent) materials (percent)
----------------------------------------------------------------------------------------------------------------
Rubber...................... 77......................... 77
Rubber...................... 100........................ 100
Running tracks.............. Rubber...................... 100 (90-95 for colored 100
products).
Rubber...................... 100........................ 100
----------------------------------------------------------------------------------------------------------------

a. Playground surfaces. EPA has identified 20 manufacturers/
distributors of playground surfaces made with recovered materials.
These companies offer products made of postconsumer rubber derived from
old tires, with a range of 50 to 100 percent postconsumer rubber. Three
of these companies use other recovered materials as well, including
blends of rubber/asphalt, rubber/compost, and rubber/PVC. One of these
companies also makes playground surfaces of 100 percent postconsumer
PVC. Fourteen of the 20 companies offer playground surfaces made with
100 percent postconsumer materials. All but one of the 20 companies
offers this product with 90 percent or greater postconsumer materials.
Therefore, for playground surfaces made of rubber or plastic, EPA
recommends recovered materials content levels in a range of 90-100
percent postconsumer materials.
b. Running tracks. Some of the companies that make playground
surfaces also make running tracks of postconsumer rubber from tires.
EPA obtained information from four of these companies, each of which
offers running tracks containing 77-100 percent postconsumer rubber.
Three of the four companies offer running tracks containing 100 percent
postconsumer recovered rubber. One of these companies also offers a
colored running track that contains 90-95 percent postconsumer
recovered rubber. Those companies that do not use 100 percent
postconsumer recovered materials use either a layer of virgin resin to
provide added spike resistance, or use 5 to 10 percent preconsumer
rubber for coloring. One of these companies constructed the 1984
Olympic running tracks with recovered materials, and has constructed
running tracks for universities, schools, and state governments. Based
on this information, for running tracks made of rubber or plastic, EPA
recommends recovered materials content levels in a range from 90-100
percent postconsumer recovered materials.
3. Specifications
GSA does not have specifications for playground surfaces or running
tracks; however, Federal agency installations of these products must
comply with applicable State or local construction codes, as well as
standards set by the Consumer Product Safety Commission and the
Americans With Disabilities Act. The Consumer Product Safety Commission
requires that playground surfaces meet certain performance standards to
reduce head injuries, including ASTM F 1292 pertaining to impact
attenuation standards. Playground surfacing and running tracks must
also comply with the Americans With Disabilities Act which provides
that mobility-impaired persons cannot be prohibited from access to
public places.
Running tracks are not listed in GSA's Federal Supply Schedule, but
playground surfaces are listed [Group 78, Part 1, Schedule C; Class
7830; Special Item Number (SIN) 192-37e, ``Playground Equipment, Safety
Surfacing, and Replacement Parts'']. At least one contractor under this
SIN offers playground surfaces made with recovered rubber.

IX. Recommendations for Landscaping Products

Part F of the draft RMAN contains EPA's recommendations for
landscaping products. Today, in sections F-1 and F-2, respectively, EPA
makes recommendations for hydraulic mulch products and for yard
trimmings compost.

A. Hydraulic Mulch Products

1. Preference Program
In today's draft RMAN, EPA recommends that, based on the recovered
materials content levels shown in Table F-1, procuring agencies
establish minimum content standards for hydraulic mulch products. For
paper-based hydraulic mulch, EPA recommends a level of 100 percent
postconsumer paper. For wood-based hydraulic mulch and hydraulic mulch
containing both recovered wood and paper, EPA recommends a level of 100
percent recovered materials. The recovered materials content should be
based on the dry weight of the fiber, exclusive of any dyes, wetting
agents, seeds, fertilizer, or other non-cellulose additives.
2. Background
The majority of manufacturers about which EPA has information are
using recovered materials at a content level of 100 percent. Depending
on the manufacturer, the recovered materials used are postconsumer and
over-issue paper, recovered wood, or a combination of recovered paper
and wood.
Paper-based hydraulic mulch is produced using recovered paper as a
feedstock. Postconsumer newspapers are the primary recovered paper
used, but some manufacturers are mixing in over-issue newspapers and/or
magazines, and postconsumer corrugated containers, office paper, and
telephone books.
Paper-based hydraulic mulch is manufactured primarily by cellulose
insulation manufacturers. EPA is aware of 37 manufacturers that produce
both cellulose insulation and hydraulic mulch. Recovered paper content
ranges between 80 and 100 percent, with the majority of these
manufacturers using 100 percent postconsumer paper.
Wood-based hydraulic mulch generally is manufactured with 100
percent wood fibers, which are separated from wood scraps, wood chips,
and bark. At least one manufacturer of wood-based hydraulic mulch
produces a blended product containing 50 percent recovered paper.
Another manufacturer produces wood-based hydraulic mulch products
containing 100 percent postconsumer recovered wood and blends of
postconsumer recovered wood and paper.
3. Specifications
Manufacturers of both paper-based and wood-based hydraulic mulch
products claim superior performance compared to the other product. It
is EPA's understanding that the International Erosion Control
Association is developing performance standards for hydraulic mulch to
resolve the dispute over performance. The standards will be based on
the amount of vegetation produced, not on physical specifications of
the product. As of January 1994, these standards were still under
development.
Limited research conducted for EPA revealed that at least the
States of California, Illinois, Michigan, Pennsylvania, Texas,
Virginia, and Washington allow the use of paper-based hydraulic mulch.
EPA requests information on other state or consensus specifications for
hydraulic mulch products containing recovered materials.

B. Yard Trimmings Compost

1. Preference Program
In today's draft RMAN, EPA recommends that procuring agencies
purchase or use compost made from yard trimmings, leaves, and/or grass
clippings for use in such applications as landscaping, seeding of grass
or other plants on roadsides and embankments, under trees and shrubs,
and in erosion control and soil reclamation.
EPA further recommends that those procuring agencies that have an
adequate volume of yard trimmings, leaves, and/or grass clippings, as
well as sufficient space for composting, should implement a composting
system to produce a mature, high-quality compost from these materials
for use in landscaping and other applications.
2. Background
Composting is a biological process of stabilizing organic matter
under controlled conditions into a product that is rich in humus and
provides organic matter and nutrients to the soil. Compost serves as an
alternative method of managing those organics that would otherwise be
landfilled. Yard trimmings are the least controversial feedstock for
compost. When grass clippings are included with leaves and other yard
trimmings, the resulting compost can serve as a suitable nitrogen
source with an optimal carbon/nitrogen ratio for most applications.
Compost can be used in agriculture, horticulture, silviculture
(growing of trees), and in landscaping. It is used as a soil
conditioner, soil amendment, lawn top dressing, potting soil mixture,
rooting medium, and mulch for shrubs and trees, and for improvement of
golf and other sports turf. It also can be used in erosion control and
in land reclamation and revegetation of roadsides after road
construction. As a result, compost should have wide applicability to
procuring agencies for landscaping, gardening, seeding, and other
applications.
Because of the high volume of yard trimmings currently discarded
each year, there is no shortage of raw materials that would preclude
composting facilities from supplying large volumes of yard trimmings
compost. A significant portion of the yard trimmings is being
composted, and the percentage is increasing. At the end of 1992, there
were nearly 3,000 composting facilities in the U.S. Thus, the quantity
of compost available from local sources is expected to increase in the
near future.
The State of Maine has developed quality standards for compost
products used by various state agencies or purchased with state funds.
The quality standards have been set for six types of compost products,
ranging from topsoil (three classes), to wetland substrate, to mulch
(two classes). For each of these types of compost product, standards
for maturity, odor, texture, nutrients, pH, salt content, organic
content, pathogen reduction, heavy metals, foreign matter, moisture
content and density have been established. EPA has placed a copy of
this regulation, ``Chapter 560 Standards for Compost Products'', in the
docket for the draft RMAN.
3. Specifications
Procuring agencies should ensure that there is no language in their
specifications for fertilizers and soil amendments that would preclude
or discourage the use of compost. For instance, if specifications
address the use of straw or hay in roadside revegetation projects,
procuring agencies should assess whether compost could be substituted
for straw or hay or used in combination with them.
The Composting Council is helping to define and develop industry-
wide standards for composts. The standards will include a Standard
Operating Guide for composting facilities, which is currently available
in draft form from The Composting Council, as well as standards for
suitability of different types of composts for different markets,
depending on the content of the compost.

X. Recommendations for Non-Paper Office Products

Part G of the draft RMAN contains EPA's recommendations for non-
paper office products. Today, EPA is making recommendations for office
recycling containers and office waste receptacles (Section G-1),
plastic desktop accessories (Section G-2), remanufactured toner
cartridges (Section G-3), binders (Section G-4), and trash bags
(Section G-5).

A. Office Recycling Containers and Office Waste Receptacles

1. Preference Program
In today's draft RMAN, EPA recommends that, based on the recovered
materials content levels shown in Table G-1, procuring agencies
establish minimum content standards for plastic office recycling
containers and office waste receptacles. EPA also recommends that when
purchasing office recycling containers and waste receptacles made from
paper or steel, procuring agencies purchase these items containing
recovered paper, as specified in EPA's guideline for paper and paper
products (40 CFR part 250), and recovered steel, respectively. EPA
currently does not have information on the types and levels of and
recovered materials levels contained in steel containers and
receptacles and is interested in obtaining this information.
EPA's recommendation for office recycling containers and office
waste receptacles containing recovered materials does not preclude
procuring agencies from purchasing containers or receptacles
manufactured using another material, such as wood. It simply recommends
that procuring agencies, when purchasing office recycling containers or
office waste receptacles manufactured from plastic or paper, should
seek such containers made with recovered materials as recommended in
Table G-1. When purchasing these containers made with steel, procuring
agencies should seek the highest level of postconsumer recovered
materials practicable.
2. Background
EPA knows of at least four manufacturers that produce office
recycling containers and office waste receptacles made with recovered
materials in the range of 20-100 percent postconsumer recovered
plastic, by weight. Containers are available through GSA's Federal
Supply Schedule 72 VII B, ``Recycling Collection Containers and
Specialty Waste Receptacles.''
GSA also has fiberboard recycling containers available through its
Special Order Program. In addition, EPA's paper procurement guideline
(40 CFR part 250) contains recommended postconsumer recovered materials
content levels for recycling containers made from fiberboard or other
papers. (As previously discussed, EPA's recommendations for paper
products will be found in Part A in the final RMAN.)
3. Specifications
According to the information available to EPA, there are no
national or Federal specifications that preclude the use of recovered
materials content in the manufacture of office recycling containers or
waste receptacles. In lieu of referencing national or Federal
specifications, EPA recommends that procuring agencies incorporate
recovered materials content requirements into solicitation or contract
documents when purchasing these products.

B. Plastic Desktop Accessories

1. Preference Program
In today's draft RMAN, EPA recommends that, based on the recovered
materials content levels should in Table G-2, procuring agencies
establish minimum content standards for plastic desktop accessories.
EPA's recommendation does not preclude procuring agencies from
purchasing a desktop accessory manufactured from another material, such
as, paper, wood, or steel. It simply recommends that procuring
agencies, when purchasing plastic desktop accessories, purchase these
accessories made from recovered materials.
2. Background
EPA knows of at least three manufacturers that produce plastic
desktop accessories with recovered materials content in the range of
25-80 percent postconsumer recovered plastic, by weight. In addition,
several office products distributors carry these accessories as part of
their product lines. GSA makes these products available through its
Federal Supply Schedule.
Currently, EPA has information on plastic desktop accessories made
from postconsumer recovered polystyrene only. EPA requests information
on whether desk accessories are being made from other recovered plastic
materials and the recovered materials content levels of those items.
3. Specifications
According to the information available to EPA, there are no
national or Federal specifications that preclude the use of recovered
materials in the manufacture of plastic desktop accessories. In lieu of
referencing national or Federal specifications, procuring agencies
usually incorporate recovered materials content requirements into their
solicitation or contract documents when purchasing these products.

C. Remanufactured Toner Cartridges

1. Preference Program
In today's draft RMAN, EPA recommends that, in lieu of minimum
content standards, procuring agencies establish procedures for
purchasing remanufactured toner cartridges using the substantially
equivalent alternative option, as set forth in RCRA section 6002(i)(3).
EPA recommends that procuring agencies adopt one or both of the
following approaches: (1) Procure toner cartridge remanufacturing
services or (2) procure remanufactured toner cartridges as products.
EPA further recommends that procuring agencies establish policies that
give priority to remanufacturing the agencies' expended toner
cartridges. In other words, under these policies, procuring agencies
will first procure toner cartridge remanufacturing services for any
accumulated expended cartridges. When such services are unavailable or
not practicable, then procuring agencies should obtain remanufactured
toner cartridges from vendors of these items.
2. Background
As discussed in section III above, minimum content standards are
not appropriate for remanufactured items because a core part of the
item is reused in the new product, rather than ground up and fed into a
manufacturing process. This is true in the case of toner cartridge
remanufacturing. Therefore, although certain components of a toner
cartridge may contain recovered materials, it is inappropriate for EPA
to recommend that procuring agencies establish minimum content
standards for remanufactured toner cartridges.
Toner cartridge remanufacturing services are available and
increasing in usage. Over the past few years, the number of vendors
that offer toner cartridge remanufacturing services has increased
substantially. As of January 1994, GSA maintained a New Item
Introductory Schedule (NIIS) for toner cartridges. In addition, GSA has
four vendors that provide remanufactured toner cartridges to its stock
program.
3. Specifications
GSA has set forth procedures by which remanufacturers providing
remanufactured toner cartridges to its stock program are to
disassemble, clean, refill, and reassemble expended cartridges.

D. Binders

1. Preference Program
In today's draft RMAN, EPA recommends that, based on the recovered
materials content levels shown in Table G-4, procuring agencies
establish minimum content standards for the plastic covering used in
plastic-covered binders. The chipboard or paperboard component of a
plastic-covered binder or a binder covered with another material, such
as cloth, is covered under EPA's procurement guideline for paper and
paper products (40 CFR part 250). EPA also recommends that, for
chipboard binders, procuring agencies establish minimum content
standards consistent with EPA's recommended recovered materials content
levels for paperboard (40 CFR part 250).
EPA's recommendation for plastic-covered and chipboard binders does
not preclude procuring agencies from purchasing a binder covered with
or manufactured using another material, such as cloth. It simply
recommends that procuring agencies, when purchasing chipboard or
plastic-covered binders, purchase these binders containing recovered
materials.
2. Background
EPA is aware of at least three manufacturers that produce plastic-
covered binders with recovered plastic content in the covering, and two
manufacturers that produce chipboard binders with recovered paper
content. The manufacturers of the plastic-covered binders use recovered
plastic in a range of 50-60 percent recovered plastic, by weight. At
least one of the manufacturers of plastic-covered binders with
recovered plastic content sells its binders through GSA's New Item
Introductory Schedule.
Several states have also issued solicitations for plastic-covered
and chipboard binders containing recovered materials.
In the paper guideline (40 CFR part 250), EPA recommends
postconsumer recovered materials content levels for paperboard, which
would include chipboard. (As previously discussed, EPA's
recommendations for paper products will be found in Part A in the final
RMAN.)
3. Specifications
GSA's specification for binders, A-A-2549A, ``Binder, Loose-Leaf
(Ring),'' covers four types of binders, including cloth bound, flexible
cover; cloth bound, stiff cover; plastic bound, flexible cover; and
plastic bound, stiff cover. In the specification, GSA requires its
binders to contain ``a minimum of 100% waste paper, including a minimum
of 30% postconsumer recovered materials.'' There are no requirements in
this specification that preclude the use of recovered materials in the
plastic covering of plastic-covered binders. However, one manufacturer
stated that one test method cited in the specification, the Cold Crack
test, may prohibit the use of recovered plastic in the covering for
plastic-covered binders. EPA is requesting information on the ability
of vendors to meet this specification when using recovered plastics.
According to the information available to EPA, there are no
national or Federal specifications that preclude the use of recovered
paper in the manufacture of chipboard binders.

E. Plastic Trash Bags

1. Preference Program
In today's draft RMAN, EPA recommends that, based on the recovered
materials content levels shown in Table G-4, procuring agencies
establish minimum content standards for plastic trash bags. EPA's
recommendation does not preclude procuring agencies from purchasing
trash bags manufactured using another material, such as paper. It
merely recommends that a procuring agency, when purchasing plastic
trash bags, purchase these items made from recovered materials.
2. Background
EPA knows of at least five manufacturers that produce trash bags
with postconsumer recovered materials content ranging from 30-100
percent. The National Association of State Purchasing Officials'
Recycled Product Database, which provides detailed information on state
purchases of products containing recovered materials, lists 88
different contracts for plastic ``liners'' with recovered materials
content. In addition, trash bags with recovered materials content are
available from the GSA ``Supply Catalog.''
Currently, EPA has information only about trash bags made from
postconsumer recovered plastic. EPA is interested in obtaining
information on trash bags made from other recovered materials and the
recovered materials content levels of those products.
3. Specifications
GSA's Commercial Item Description (CID) for general purpose plastic
bags, A-A-2299B, covers plastic trash bags. This CID is based on
performance requirements. According to the information available to
EPA, CID A-A-2299B does not preclude the use of recovered materials
content in the manufacture of plastic trash bags.
In addition, several states, including Michigan, Nebraska,
Minnesota, Delaware, and Wisconsin, have their own specifications for
plastic trash bags containing recovered materials.

XI. Recommendations for Miscellaneous Products

Part H of the RMAN will contain recommendations for designated
items that do not fall within the other product categories. EPA is
reserving this section of the RMAN for future recommendations. Because
EPA is not proposing to designate any items in the miscellaneous
products category in the Comprehensive Procurement Guideline today, EPA
is not making any recommendations in this category of the draft RMAN
today.

Dated: April 13, 1994.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble, EPA recommends the
following procurement practices and recovered materials content levels
for procuring agencies to use when purchasing designated items pursuant
to section 6002 of the Resource Conservation and Recovery Act of 1976.

Draft Recovered Materials Advisory Notice

Contents

I. General Recommendations for Affirmative Procurement Programs

II. Specific Recommendations for Procurement of Designated Items

Part A--Paper and Paper Products

[Reserved]

Part B--Vehicular Products

Section B-1--Lubricating Oil.
[Reserved]
Section B-2--Retread Tires.
[Reserved]
Section B-3--Engine Coolants.

Part C--Construction Products

Section C-1--Building Insulation.
Section C-2--Structural Fiberboard and Laminated Paperboard.
Section C-3--Plastic Pipe and Fittings.
Section C-4--Geotextiles and Related Products.
Section C-5--Cement and Concrete.
Section C-6--Polyester Carpet.
Section C-7--Floor Tiles and Patio Blocks.

Part D--Transportation Products

Section D-1--Temporary Traffic Control Devices.

Part E--Park and Recreation Products

Section E-1--Playground Surfaces and Running Tracks.

Part F--Landscaping Products

Section F-1--Hydraulic Mulch.
Section F-2--Yard Trimmings Compost.

Part G--Non-Paper Office Products

Section G-1--Office Recycling Containers and Waste Receptacles.
Section G-2--Plastic Desktop Accessories.
Section G-3--Remanufactured Toner Cartridges.
Section G-4--Binders.
Section G-5--Plastic Trash Bags.

Part H--Miscellaneous Products

I. General Recommendations for Affirmative Procurement Programs

EPA recommends that the Environmental Executive within each major
procuring agency take the lead in developing the agency's affirmative
procurement program and in implementing the recommendations set forth
in this RMAN. The basic responsibilities of an Agency Environmental
Executive are described in sections 302 and 402 of Executive Order
12873. In the absence of such an individual, EPA recommends that the
head of the implementing agency appoint an individual who will be
responsible for ensuring the agency's compliance with RCRA section 6002
and Executive Order 12873.
Affirmative Procurement Program: Although RCRA section 6002 and the
Executive Order require procuring agencies to establish affirmative
procurement programs for each EPA-designated item, EPA recommends that
each agency develop one comprehensive affirmative procurement program
with a structure that allows for the integration of new items as they
are designated. EPA encourages agencies to implement preference
programs for non-guideline items as well, in order to maximize their
purchases of recycled products and foster markets for recovered
materials.
Preference Program: For most items, EPA recommends that procuring
agencies establish minimum content standards based on EPA's recovered
materials content level recommendations and the procuring agencies' own
research. For other items, the use of minimum content standards is
inappropriate, and procuring agencies should establish an alternative
program, as recommended by EPA.
Promotion Program: EPA recommends that procuring agencies include
both internal and external promotion in their affirmative procurement
programs.
There are several methods that procuring agencies can use to
educate their employees about their affirmative procurement programs.
These methods include preparing and distributing agency affirmative
procurement policies, publishing articles in agency newsletters and
publications, including affirmative procurement program requirements in
agency staff manuals, and conducting workshops and training sessions to
educate employees about their responsibilities under agency affirmative
procurement programs.
Methods for educating existing contractors and potential bidders of
an agency's preference to purchase products containing recovered
materials include publishing articles in appropriate trade
publications, participating in vendor shows and trade fairs, placing
statements in solicitations, and discussing an agency's affirmative
procurement program at bidders' conferences.
Monitoring: EPA recommends that procuring agencies monitor their
affirmative procurement programs, in accordance with RCRA section
6002(i)(2)(D) and Executive Order 12873, to ensure that they are
fulfilling their requirements to purchase items composed of recovered
materials to the maximum extent practicable. EPA anticipates that the
Federal Environmental Executive and the Office of Federal Procurement
Policy will request information from Federal agencies on their
affirmative procurement practices. Therefore, EPA recommends that
Federal procuring agencies maintain adequate records of procurements
that may be affected by the Executive Order and RCRA requirements.
EPA recommends that procuring agencies track their purchases of
products made with recovered materials content to establish benchmarks
from which progress can be assessed. To maintain adequate records on
procurement of products containing recovered materials, EPA recommends
that procuring agencies choose to collect data on the following:
The percentages of recovered materials content in the
items procured or offered;
Comparative price information on competitive procurements;
The quantity of each item procured over a fiscal year;
The availability of each item with recovered materials
content; and
Performance information related to recovered materials
content of an item.
Certification: Because each product will be different, EPA
recommends that procuring agencies discuss certification with product
vendors to ascertain the appropriate period for certifying recovered
materials content. EPA recommends that, whenever feasible, the
recovered materials content of a product be certified on a batch-by-
batch basis or as an average over a calendar quarter or some other
appropriate averaging period as determined by the procuring agencies.

II. Specific Recommendations for Procurement of Designated Items

Part A--Paper and Paper Products
[Reserved]
Part B--Vehicular Products
Section B-1--Lubricating Oil.
[Reserved]
Section B-2--Retread Tires.
[Reserved]
Section B-3--Engine Coolants.

Preference Program: EPA recommends that procuring agencies whose
vehicles are serviced by a motor pool or vehicle maintenance facility
establish a program for engine coolant reclamation and reuse,
consisting either of reclaiming the engine coolant on-site for use in
the agencies' vehicles, or establishing service contracts for engine
coolant reclamation for use in the agencies' vehicles.
Procuring agencies should note that engine coolant can contain
either ethylene glycol or propylene glycol. Currently, these two types
of engine coolant must be reclaimed separately. Therefore, in order to
implement an engine coolant reclamation program, EPA recommends that
procuring agencies purchase only one type of engine coolant or
establish procedures to prevent commingling of engine coolants
containing ethylene glycol and propylene glycol.
Procuring agencies also should note that, in some instances, spent
engine coolant can exhibit the toxicity characteristic of hazardous
waste by failing EPA's Toxicity Characteristic Leaching Procedure
(TCLP). If a procuring agency determines that its spent engine coolant
is a hazardous waste, it must manage the engine coolant in accordance
with applicable Federal or state hazardous waste management
requirements, including the generator requirements found in 40 CFR part
262 and the requirements for recyclable materials found in 40 CFR 261.6
(or the state equivalents). Because state hazardous waste regulations
generally apply in lieu of the Federal regulations, procuring agencies
should contact their state environmental agency (or, if the state is
not authorized, the appropriate EPA Regional Office) for specific
information regarding the applicable requirements.

Part C--Construction Products

Note: Refer to Part F--Landscaping Products for additional items
that can be used in construction.

Section C-1--Building Insulation.
Preference Program: EPA recommends that, based on the recovered
materials content levels shown in Table C-1, procuring agencies
establish minimum content standards for use in purchasing rock wool and
fiberglass insulation products.

Table C-1.--Recommended Recovered Materials Content Levels for Rock Wool
and Fiberglass Insulation
------------------------------------------------------------------------
Recovered materials (materials and
Insulation material percentage)
------------------------------------------------------------------------
Rock wool.......................... Slag.
75
Fiberglass......................... Glass cullet.
20-25
------------------------------------------------------------------------
Note: The recommended recovered materials content levels are based on
the weight (not volume) of materials in the insulating core only.

Specifications: EPA recommends that procuring agencies reference
ASTM standard specification D 5359, ``Glass Cullet Recovered from Waste
for Use in Manufacture of Glass Fiber,'' in Invitations for Bid and
Requests for Proposal.
Section C-2--Structural Fiberboard and Laminated Paperboard.
Preference Program: EPA recommends that, based on the recovered
materials content levels shown in Table C-2, procuring agencies
establish minimum content standards for use in purchasing structural
fiberboard or laminated paperboard products for use in either
insulating or stru

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-9418. Public record. Not legal advice.