Comprehensive Guideline for Procurement of Products Containing Recovered Materials
Federal RegisterAug 26, 1998
Ask Donna
What actually matters in this document.
Text
SUMMARY: The Environmental Protection Agency (EPA or the Agency) today
is proposing an amendment to the May 1, 1995 Comprehensive Procurement
Guideline (CPG). EPA is proposing to designate the following 19 new
items that are or can be made with recovered materials: nylon carpet
with backing containing recovered materials, carpet cushion, flowable
fill, railroad grade crossing surfaces, park and recreational
furniture, playground equipment, food waste compost, plastic lumber
landscaping timbers and posts, solid plastic binders, plastic
clipboards, plastic file folders, plastic clip portfolios, plastic
presentation folders, absorbents and adsorbents, awards and plaques,
industrial drums, mats, signage, and manual-grade strapping.
The CPG implements section 6002 of the Resource Conservation and
Recovery Act (RCRA), which requires EPA to designate items that are or
can be made with recovered materials and to recommend practices for the
procurement of designated items by procuring agencies. Once EPA
designates an item, RCRA requires any procuring agency using
appropriated Federal funds to procure that item to purchase it with the
highest percentage of recovered materials practicable. Today's proposed
action will foster markets for materials recovered from solid waste by
using government purchasing power to stimulate the use of these
materials in the manufacture of new products.
DATES: EPA will accept public comments on this proposed rule until
October 26, 1998.
ADDRESSES: To comment on this proposal, please send an original and two
copies of comments to: RCRA Information Center (5305W), U.S.
Environmental Protection Agency, 401 M Street, SW., Washington, DC
20460. Please place the docket number F-98-CP3P-FFFFF on your comments.
If any information is confidential, it should be identified as
such. An original and two copies of Confidential Business Information
(CBI) must be submitted under separate cover to: Document Control
Officer (5305W), Office of Solid Waste, U.S. Environmental Protection
Agency, 401 M Street, SW., Washington, DC 20460.
Documents related to today's proposal are available for viewing at
the RCRA Information Center (RIC), located at: U.S. Environmental
Protection Agency, 1235 Jefferson Davis Highway, Ground Floor, Crystal
Gateway One, Arlington, VA 22202. The RIC is open from 9 a.m. to 4 p.m.
Monday through Friday, except for Federal holidays. The public must
make an appointment to review docket materials. Call (703) 603-9230 for
appointments. Copies cost $.15 per page.
FOR FURTHER INFORMATION CONTACT: For general information contact the
RCRA Hotline at (800) 424-9346 or TDD (800) 553-7672 (hearing
impaired). In the Washington, DC metropolitan area, call (703) 412-9810
or TDD (703) 412-3323. For technical information on individual item
designations, contact Terry Grist at (703) 308-7257.
SUPPLEMENTARY INFORMATION:
Regulated Entities
This action may potentially affect those ``procuring agencies''--a
term defined in RCRA section 1004(17)--that purchase the following:
nylon carpet, carpet cushion, flowable fill, railroad grade crossing
surfaces, park and recreational furniture, playground equipment, food
waste compost, landscaping timbers and posts, binders, clipboards, file
folders, clip portfolios, presentation folders, absorbents and
adsorbents, industrial drums, awards and plaques, mats, signage, and
manual-grade strapping. For purposes of RCRA section 6002, procuring
agencies include the following: (1) any Federal agency; (2) any State
or local agencies using appropriated Federal funds for a procurement;
or (3) any contractors with these agencies (with respect to work
performed under the contract). The requirements of section 6002 apply
to such procuring agencies only when procuring designated items where
the price of the item exceeds $10,000 or the quantity of the item
purchased in the previous year exceeded $10,000. Potential regulated
entities for this rule are shown in Table 1.
Table 1.--Entities Potentially Subject to Section 6002 Requirements
Triggered by CPG Amendments
------------------------------------------------------------------------
Category Examples of regulated entities
------------------------------------------------------------------------
Federal Government........... Federal departments or agencies that
procure $10,000 or more worth of a
designated item in a given year.
State Government............. A State agency that uses appropriated
Federal funds to procure $10,000 or more
worth of a designated item in a given
year.
Local Government............. A local agency that uses appropriated
Federal funds to procure $10,000 or more
worth of a designated item in a given
year.
Contractor................... A contractor working on a project funded
by appropriated Federal funds that
purchases $10,000 or more worth of a
designated item in a given year.
------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by this
action. This table lists the types of entities of which EPA is now
aware that could potentially be subject to regulatory requirements
triggered by this action. To determine whether your procurement
practices are affected by this action, you should carefully examine the
applicability criteria in 40 CFR Sec. 247.2. If you have questions
regarding the applicability of this action to a particular entity,
consult the individuals listed in the preceding FOR FURTHER INFORMATION
CONTACT section.
Preamble Outline
I. Authority
II. Background
A. Criteria for Selecting Items for Designation
B. Request for Comments
C. Additional Information
III. Definitions
IV. Construction Products
A. Nylon Carpet with Backing Containing Recovered Materials
1. Background
2. Rationale for Designation
3. Preference Program
B. Carpet Cushion
[[Page 45559]]
1. Background
2. Rationale for Designation
C. Flowable Fill
1. Background
2. Rationale for Designation
D. Railroad Grade Crossing Surfaces
1. Background
2. Rationale for Designation
3. Preference Program
V. Park and Recreation Products
A. Park and Recreational Furniture
1. Background
2. Rationale for Designation
B. Playground Equipment
1. Background
2. Rationale for Designation
VI. Landscaping Products
A. Plastic Lumber Landscaping Timbers and Posts
1. Background
2. Rationale for Designation
B. Food Waste Compost
1. Background
2. Rationale for Designation
VII. Non-Paper Office Products
A. Plastic Binders, Clipboards, File Folders, Clip Portfolios,
and Presentation Folders
1. Background
2. Rationale for Designation
VIII. Miscellaneous Products
A. Sorbents
1. Background
2. Rationale for Designation
B. Industrial Drums
1. Background
2. Rationale for Designation
C. Awards and Plaques
1. Background
2. Rationale for Designation
D. Mats
1. Background
2. Rationale for Designation
E. Signage
1. Background
2. Rationale for Designation
F. Strapping and Stretch Wrap
1. Background
2. Rationale for Designation
IX. Designated Item Availability
X. Items Dropped from Further Consideration
XI. Regulatory Assessments
A. Requirements of Executive Order 12866
1. Summary of Costs
2. Product Cost
3. Summary of Benefits
B. Unfunded Mandates Reform Act of 1995 and Consultation with
State, Local, and Tribal Governments
C. Impacted Entities
D. Regulatory Flexibility Act
E. Executive Order 13045: Protection of Children from
Environmental Health Risks and Safety Risks
F. The National Technology Transfer and Advancement Act
G.Executive Order 13084
XII. Supporting Information and Accessing Internet
I. Authority
This guideline is proposed 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 6962; and section 502 of Executive Order 12873, ``Federal
Acquisition, Recycling, and Waste Prevention'' (58 FR 54911, October
22, 1993).
II. Background
Section 6002(e) of RCRA requires EPA to designate items that are or
can be made with recovered materials and to recommend practices to
assist procuring agencies in meeting their obligations with respect to
designated items under RCRA section 6002. After EPA designates an item,
RCRA requires that each procuring agency, when purchasing a designated
item, must purchase that item composed of the highest percentage of
recovered materials practicable.
Executive Order 12873 (Executive Order) establishes the procedure
for EPA to follow in implementing RCRA section 6002(e). Section 502 of
the Executive Order directs EPA to issue a Comprehensive Procurement
Guideline (CPG) that designates items that are or can be made with
recovered materials. Concurrent with the CPG, EPA must publish its
recommended procurement practices for purchasing designated items,
including recovered materials content levels, in a related Recovered
Materials Advisory Notice (RMAN). The Executive Order also directs EPA
to update the CPG annually and to issue RMANs periodically to reflect
changing market conditions. The first CPG (CPG I) was published on May
1, 1995 (60 FR 21370). It established 8 product categories, designated
19 new items, and consolidated 5 earlier item designations. The first
CPG update (CPG II) was published on November 13, 1997 (62 FR 60962),
and designated an additional 12 products.
Today, in CPG III, EPA is proposing to designate the following 19
additional items:
Construction Products
Nylon carpet with backing containing recovered materials
Carpet cushion
Flowable fill
Railroad grade crossing surfaces
Park and Recreation Products
Park benches and picnic tables
Playground equipment
Landscaping Products
Food waste compost
Plastic lumber landscaping timbers and posts
Non-Paper Office Products
Solid plastic binders
Plastic clipboards
Plastic file folders
Plastic clip portfolios
Plastic presentation folders
Miscellaneous
Absorbents and adsorbents
Industrial drums
Awards and plaques
Mats
Non-road signs, including sign supports and posts
Manual-grade strapping
A. Criteria for Selecting Items for Designation
While not limiting consideration to these criteria, RCRA section
6002(e) requires EPA to consider the following when determining which
items it will designate:
(1) Availability of the item;
(2) Potential impact of the procurement of the item by procuring
agencies on the solid waste stream;
(3) Economic and technological feasibility of producing the item;
and
(4) Other uses for the recovered materials used to produce the
item.
EPA consulted with Federal procurement and requirement officials to
identify other criteria to consider when selecting items for
designation. Based on these discussions, the Agency concluded that the
limitations set forth in RCRA section 6002(c) should also be factored
into its selection decisions. This provision requires each procuring
agency that procures an item designated by EPA to procure the item
composed of the highest percentage of recovered materials practicable,
while maintaining a satisfactory level of competition. A procuring
agency, however, may decide not to procure an EPA-designated item
containing recovered materials if it determines: (1) the item is not
reasonably available within a reasonable period of time, (2) the item
fails to meet the performance standards set forth in the agency's
specification, or (3) the item is available only at an unreasonable
price.
EPA recognized that the above criteria limit the conditions under
which procuring agencies must purchase EPA-designated items with
recovered materials content, and, thereby, could limit the potential
impact of an individual item designation. (The limitations of RCRA
section 6002(c) also effectively describe the circumstances in which a
designated item is ``available'' for purposes of the statute.) For
these reasons, EPA is also taking into account the limitations cited in
RCRA section 6002(c) in its selection of items for designation in
today's proposed CPG III. Thus, the Agency developed the following
criteria for use in selecting
[[Page 45560]]
items for designation: use of materials found in solid waste, economic
and technological feasibility and performance, impact of government
procurement, availability and competition, and other uses for recovered
materials. These criteria are discussed in detail in Section II of the
document entitled, ``Background Document for Proposed CPG III and Draft
RMAN III.'' A copy of this document is included in the RCRA public
docket for this rule.
EPA has adopted two approaches in its designation of items that are
made with recovered materials. For some items, such as paper and paper
products, the Agency designates broad categories of items and provides
information in the related RMAN as to their appropriate applications or
uses. For other items, such as plastic trash bags, EPA designates
specific items, and, in some instances, includes in the designation the
specific types of recovered materials or applications to which the
designation applies. The Agency explained these approaches to
designating items in the preamble to CPG I (60 FR 21373, May 1, 1995).
EPA sometimes had information on the availability of a
particular item made with a specific recovered material (e.g.,
plastic), but no information on the availability of the item made
from a different recovered material or any indication that it is
possible to make the item with a different recovered material. In
these instances, EPA concluded that it was appropriate to include
the specific material in the item designation in order to provide
vital information to procuring agencies as they seek to fulfill
their obligations to purchase designated items composed of the
highest percentage of recovered materials practicable. This
information enables the agencies to focus their efforts on products
that are currently available for purchase, reducing their
administrative burden. EPA also included information in the proposed
CPG, as well as in the draft RMAN that accompanied the proposed CPG,
that advised procuring agencies that EPA is not recommending the
purchase of an item made from one particular material over a similar
item made from another material. For example, EPA included the
following statement in the preamble discussion for plastic desktop
accessories (59 FR 18879, April 20, 1994): ``This designation does
not preclude a procuring agency from purchasing desktop accessories
manufactured from another material, such as wood. It simply requires
that a procuring agency, when purchasing plastic desktop
accessories, purchase these accessories made with recovered
materials * * *''
The Agency understands that some procuring agencies may erroneously
believe that the designation of a broad category of items in a CPG
requires them (1) to procure all items included in such category with
recovered materials content and (2) to establish an affirmative
procurement program for the entire category of items, even where
specific items within the category may not meet current performance
standards. This is clearly not required under RCRA as implemented
through the CPGs and RMANs. RCRA section 6002 does not require a
procuring agency to purchase items with recovered materials content
that are not available or that do not meet a procuring agency's
specifications or reasonable performance standards for the contemplated
use. Further, section 6002 does not require a procuring agency to
purchase such items if the item with recovered materials content is
only available at an unreasonable price or the purchase of such item is
inconsistent with maintaining a reasonable level of competition.
However, EPA stresses that, when procuring any product for which a
recovered materials alternative is available that meets the procuring
agency's performance needs, if all other factors are equal, the
procuring agency should seek to purchase the product made with the
highest percentage of recovered materials practicable.
The items proposed for designation today have all been evaluated
with respect to the EPA's criteria. Details of these evaluations are
discussed in Sections V-X of the ``Supporting Analyses'' background
document. Sections IV-VIII of this preamble provide a summary of EPA's
rationale for designating these items.
B. Request for Comments
EPA requests comments and information throughout this preamble. In
general, the Agency is requesting comments on: (1) the items selected
for designation and (2) the accuracy of the information presented in
the discussions of the basis of the item designations. Requests for
specific comments and information are included in the narrative
discussions for each of the designated items, which follow in sections
IV through VIII.
EPA also is requesting comment on the draft RMAN III published in
the notice section of today's Federal Register. It recommends recovered
materials content levels and procurement methods for each of the items
EPA proposes to designate today.
Section 503 of E.O. 12873 directs EPA to issue guidance that
recommends principles that Executive agencies should use in making
determinations for the preference and purchase of environmentally
preferable products (EPP). On September 29, 1995, EPA issued guides on
environmentally preferable product purchasing (see 60 FR 50721-50735)
and has undertaken a series of case studies on various products to
identify multi-faceted environmental performance characteristics and
attributes that should be considered when purchasing products that are
considered environmentally preferable. The agency is interested in
identifying environmental attributes considered important when buying
environmentally preferable sorbent materials (i.e., absorbents and
adsorbents) and is requesting comments in this regard in today's
notice.
Specifically, the Agency is interested in developing an approach
for presenting information related to the reusability of sorbents and
the disposal options for sorbents. Information on reusability and
disposal is relevant to the environmental impact of sorbents and is of
interest to many purchasers, but the interpretation of information on
these attributes is often complicated by the specific circumstances of
the user. The Agency would appreciate ideas on how standard measures or
descriptors for reusability and disposal could be coupled with
appropriate qualifiers and other explanatory materials to convey useful
information to purchasers. Commenters should take note that this
request is for information pertaining to the Agency's EPP program and
that information obtained through this request is not in any way
related to, nor will it be used for the purposes of today's proposed
designation of sorbents under the CPG. Information obtained by this
request will be used to help the agency evaluate the appropriateness of
issuing future guidance on the environmental attributes of sorbents
under the Agency's program for EPP.
C. Additional Information
For additional background information, including information on
RCRA requirements, Executive Order directives, the criteria and
methodology for selecting the proposed designated items, and a list of
other items considered for designation, please consult ``Background
Document for Proposed CPG III and Draft RMAN III.'' Information on
obtaining this background document is provided in Section XII,
Supporting Information and Accessing Internet.
III. Definitions
For several items being proposed for designation, EPA recommends
two-part content levels in the draft RMAN III--a postconsumer recovered
content component and a total recovered
[[Page 45561]]
materials component. In these instances, EPA found that both types of
materials were being used to manufacture a product. Recommending only
postconsumer content levels would fail to acknowledge the contribution
to the reduction in solid waste made by the use by one manufacturer of
another manufacturers' byproducts as feedstock.
Because the item designations in today's action use the terms
``postconsumer materials'' and ``recovered materials,'' the definitions
for these terms are repeated here as a reference for the convenience of
the reader. These definitions can be found in 40 CFR 247.3. The Agency
is not proposing to change these definitions and will not consider any
comments submitted on these terms.
Postconsumer materials means a material or finished product that
has served its intended end use and has been diverted or recovered
from waste destined for disposal, having completed its life as a
consumer item. Postconsumer material is part of the broader category
of recovered materials.
Recovered materials means waste materials and byproducts that
have been recovered or diverted from solid waste, but such term does
not include those materials and byproducts generated from, and
commonly reused within an original manufacturing process.
IV. Construction Products
A. Nylon Carpet With Backing Containing Recovered Materials
The information obtained by EPA demonstrates that nylon carpet
tiles and broadloom carpet made with backing containing recovered
materials are commercially available. Today, in Sec. 247.12(h), EPA
proposes to designate nylon carpet (broadloom and tiles) made with
backing containing recovered materials as an item whose procurement
will carry out the objectives of section 6002 of RCRA.
A final designation would not preclude a procuring agency from
purchasing broadloom carpet or carpet tiles made from other materials,
such as wool. It simply requires that a procuring agency, when
purchasing nylon carpet tiles or nylon broadloom carpet, purchase these
items with backing containing recovered materials when they meet
applicable specifications and performance requirements. EPA reminds
procuring agencies, however, that the Agency had previously designated
polyester carpet for use in low- and medium-wear applications. See 60
FR 21370, May 1, 1995.
EPA is not aware of manufacturers of other types of carpet (e.g.,
wool, polyester) using backing containing recovered materials. For this
reason, EPA is limiting the scope of today's proposed designation to
nylon carpet. EPA requests information about manufacturers of other
types of carpet using recycled-content backing.
1. Background
Carpet backing is a layer of woven or nonwoven material used to
hold carpet fibers in place and provide structural support. Broadloom
carpet, meaning roll goods in 12-foot widths, for wall-to-wall
installation, generally is comprised of face fibers inserted into a
primary backing, which is usually made of polypropylene materials. The
fibers are then locked or glued into place by a layer of latex
adhesive. A secondary backing made of polypropylene or jute fiber then
is applied to provide stability. Carpet squares or tiles are
manufactured first as broadloom carpet. A sheet made of polypropylene
or other material is added for stability, and a secondary backing made
of polyvinyl chloride (PVC), polyurethane, or other hardback material
is applied. The carpet is then cut into squares, usually 18'' x 18''.
The tiles are used in modular flooring systems, such as in office
settings, and can offer more flexibility than broadloom carpet because
individual tiles can be replaced when they become worn.
When EPA proposed to designate carpet in the 1994 CPG I, the Agency
had identified only one manufacturer using recovered materials to make
carpet backing, and this company used its own manufacturing scrap. EPA
stated that it was not considering carpet backing for designation
because only one manufacturer had been identified. See 59 FR 18873,
April 20, 1994.
Since then, a carpet manufacturer has developed a process to use
material from old carpet to produce new backing for its nylon carpet
tiles and broadloom carpet. Both the carpet tiles and broadloom carpet
made with backing containing recovered materials are now commercially
available and are sold at the same price as conventional nylon carpet
tiles and nylon broadloom carpet.
2. Rationale for Designation
EPA believes that nylon carpet tiles and broadloom carpet made with
backing containing recovered materials meet the statutory criteria for
selecting items for designation.
a. Use of materials in solid waste. Carpets and rugs account for
2.2 million tons, or 1.1% of municipal solid waste generated annually.
About 2 pounds of recovered materials can be used in the backing for
each carpet tile. Thus, for each 1,000 square yards of carpet tiles
with recovered-content backing purchased, approximately 2,000 pounds of
materials are diverted from the waste stream.
b. Technically proven uses. One manufacturer has developed the
technology to use recovered carpet to manufacture new PVC carpet
backing, and at least two other manufacturers are experimenting with
using recovered materials in vinyl backing. According to the
manufacturer, recovered-content PVC carpet backing performs as well as
virgin backing and meets the company's performance specifications. The
manufacturer provides a 15-year warranty with the product and plans to
use the recovered-content backing as its standard tile backing.
Nylon broadloom carpet and carpet tiles made with recovered-content
backing are available nationally. This item also is available to
Federal agencies through the U.S. General Services Administration's
(GSA) contract GS-00F-8453-A .
Recovered materials can be used only in PVC backing at this time.
Manufacturers of polypropylene primary and secondary backings have
found it to be technologically and economically infeasible to
manufacture carpet backing with recycled polypropylene at this time.
EPA requests current information from manufacturers of polypropylene
backings on the technological feasibility of using recovered materials
in their backings.
c. Impact of government procurement. Although EPA was not able to
obtain any quantitative information, virtually all government agencies
purchase broadloom carpet and/or carpet tiles. Use of broadloom carpet
and carpet tiles made with recovered content backing will create a
market for this item and demonstrate its performance.
3. Preference Program
EPA recognizes that the choice of carpet fiber--wool, nylon,
polyester--depends on the performance needs for a given application.
EPA is not requiring procuring agencies to limit their choices to
polyester carpet containing recovered materials or to nylon carpet made
with backing containing recovered materials. Rather, the effect of the
previous designation of polyester carpet and today's proposed
designation of nylon carpet with backing containing recovered materials
is to require procuring agencies to determine their performance needs,
determine whether carpet products containing recovered materials meet
those needs, and to purchase carpet products containing recovered
materials to the maximum extent practicable, as required by RCRA
section 6002.
[[Page 45562]]
B. Carpet Cushion
The information obtained by EPA demonstrates that bonded
polyurethane foam carpet cushion, carpet cushion made from jute and
synthetic fibers, and rubber carpet cushion containing recovered
materials are commercially available. Today, in Sec. 247.12(I), EPA
proposes to designate carpet cushion made from bonded polyurethane,
jute, synthetic fibers, or rubber containing recovered materials as an
item whose procurement will carry out the objectives of section 6002 of
RCRA.
A final designation would not preclude a procuring agency from
purchasing carpet cushion made from other types of materials, such as
prime polyurethane foam. It simply requires that a procuring agency,
when purchasing bonded polyurethane, jute, synthetic fiber, or rubber
carpet cushion, purchase this item containing recovered materials when
it meets applicable specifications and performance requirements.
1. Background
Carpet cushion, also known as carpet underlay, is padding placed
beneath carpet. Carpet cushion improves the acoustical and thermal
insulation properties of carpet, reduces the impact caused by foot
traffic or furniture indentation, enhances comfort, and prolongs
appearance. It is available in a variety of thicknesses and is used in
both residential and commercial settings. Cushions made from bonded
polyurethane, jute, synthetic fiber, and rubber can be made with
recovered materials.
When EPA proposed to designate carpet in the 1994 CPG I, the Agency
was aware of only one manufacturer using recovered materials to make
carpet cushion. EPA stated that it was not considering carpet cushion
for designation because only one manufacturer had been identified. See
59 FR 18873, April 20, 1994. EPA has now identified at least 12
manufacturers of carpet cushion containing recovered materials.
2. Rationale for Designation
EPA believes that carpet cushion containing recovered materials
meets the statutory criteria for selecting items for designation.
a. Use of materials in solid waste. About 70 percent of all bonded
polyurethane is made from recovered materials, including postconsumer
recovered carpet cushion. Jute carpet cushion can be made from
postconsumer burlap. Synthetic fiber cushions are made from 100 percent
recovered scrap from the carpet fabrication process or purchased from
processors. Rubber carpet cushions contain up to 90 percent
postconsumer rubber from old tires. Thus, procurement of carpet cushion
containing recovered materials can create markets for postconsumer
carpet cushion, burlap, and tire rubber, as well as carpet
manufacturing scrap.
b. Technically proven uses. At least 12 companies manufacture
carpet cushion from recovered materials. According to the
manufacturers, their products perform as well as carpet cushions made
with virgin materials in terms of cushioning and durability and meet
standards set by the Carpet and Rug Institute and the Carpet Cushion
Council. These standards include requirements for density, thickness,
tensile strength, and elongation.
The manufacturers distribute their products nationwide through
distributors. Additionally, GSA offers urethane, jute, synthetic fiber,
and rubber carpet cushions through its carpet schedule.
c. Impact of government procurement. Although not all government
agencies use carpet cushion, GSA informed EPA that Federal agencies
spent slightly more than $1 million on carpet cushion between October
1992 and May 1997. Federal agencies purchase carpet cushion either
directly or through the GSA schedule. Use of carpet cushion containing
recovered materials, particularly postconsumer materials, will expand
markets for this item and, thereby, create additional markets for the
recovered materials used by the carpet cushion manufacturers.
C. Flowable Fill
The information obtained by EPA demonstrates that flowable fill (or
controlled low-strength materials) containing coal fly ash and/or
ferrous foundry sands are commercially available. Today, in
Sec. 247.12(j), EPA proposes to designate flowable fill containing coal
fly ash and/or ferrous foundry sands as an item whose procurement will
carry out the objectives of section 6002 of RCRA. A final designation
would not preclude a procuring agency from purchasing other types of
fill materials, such as conventional concrete or compacted soil. It
simply requires that a procuring agency, when purchasing or contracting
for the use of flowable fill, purchase this item containing recovered
materials when it meets applicable specifications and performance
requirements.
EPA is aware of one manufacturer using ground blast furnace slag in
flowable fills. Because EPA has only limited information from one
company on the use of ground blast furnace slag in flowable fill
applications, the Agency is not proposing to designate this item in
today's notice. However, EPA requests information on (1) other
manufacturers or users of flowable fills containing blast furnace slag
and (2) the performance and availability of this item.
1. Background
Flowable fill, or controlled low-strength material, is a wet,
flowable slurry that is used as an economical fill or backfill
material. Flowable fill flows like a liquid, sets like a solid, is
self-leveling, and requires no compaction or vibration to achieve
maximum density. It can take the place of concrete, compacted soils, or
sand commonly used to fill around pipes and in utility trenches or
other void areas. Although it can replace concrete, flowable fill is
not considered to be a low strength concrete or a compacted soil-
cement. Other names for flowable fill include flowable mortar,
controlled low-strength material, lean mix backfill, lean fill,
controlled density fill, unshrinkable fill, flowable fly ash, hydraulic
cement, low strength slurry backfill, flowable backfill, and flowable
grout.
Applications for flowable fill include backfill in sewer and
utility trenches, building excavations, bridge abutments, and conduit
trenches; and miscellaneous uses such as retaining wall backfill and
filling abandoned wells, sewers, manholes, and underground storage
tanks.
Because it does not require compaction or vibration, flowable fill
can be a cost-effective fill material. According to the American
Concrete Institute, advantages of flowable fill include reduced labor
and equipment requirements because it is self-leveling; versatility in
terms of flowability, strength, and setting times; higher load-carrying
capacity than compacted soil or granular fill; reduced excavation
costs; and improved worker safety because flowable fill can be placed
without workers entering the trench.1
---------------------------------------------------------------------------
\1\ ACI 229R-94, ``Controlled Low Strength Materials (CLSM),''
American Concrete Institute, December 1994.
---------------------------------------------------------------------------
2. Rationale for Designation
EPA believes that flowable fill containing recovered materials
meets the statutory criteria for selecting items for designation.
a. Use of materials in solid waste. The two primary recovered
materials used in flowable fill are coal fly ash and spent ferrous
foundry sands. Only 25 percent
[[Page 45563]]
of the coal fly ash and 20 percent of the foundry sand generated
annually currently are recovered and used. Therefore, EPA believes it
is appropriate to develop additional markets for these materials.
Either Class F or Class C coal fly ash can be used in flowable
fill. While both ferrous and non-ferrous foundry sands can be used in
flowable fill mixtures, typically non-ferrous foundry sands are
hazardous waste due to their lead and cadmium content. Accordingly,
heavy metal content may preclude their use in flowable fill mixtures.
In contrast, ferrous foundry sands are not known to be hazardous waste.
For this reason, EPA is limiting today's proposed designation to
flowable fill containing ferrous foundry sands.
b. Technically proven uses. Substantial information about using
coal fly ash has been accumulated by the Federal Highway Administration
and state highway and transportation departments. The American Concrete
Institute has developed a specification for flowable fill containing
coal fly ash. EPA is aware that both the American Society for Testing
and Materials (ASTM) and the American Association of State Highway and
Transportation Officials (AASHTO) are developing specifications for
flowable fill containing coal fly ash. ASTM has developed several test
methods for flowable fill containing coal fly ash. In addition, the
American Concrete Institute is revising its report on controlled low
strength materials (i.e., flowable fill). These test methods are listed
in ``Background Document for Proposed CPG III and Draft RMAN III'' and
Table C-10c of the draft RMAN III published in the Notice section of
today's Federal Register. In addition, more than 20 states have
specifications for flowable fill containing coal fly ash, including
California, Colorado, Delaware, Florida, Georgia, Illinois, Indiana,
Kansas, Kentucky, Maryland, Massachusetts, Michigan, Minnesota,
Nebraska, New Hampshire, New Mexico, North Carolina, Ohio, Texas,
Washington, West Virginia, and Wisconsin.
There currently are no national test methods or specifications for
flowable fill mixtures containing ferrous foundry sand. At least one
state, Ohio, has a specification for flowable fill containing foundry
sand, and several other states and FHWA are developing specifications
or guidelines.
c. Impact of government procurement. State and local transportation
departments are one of the largest markets for flowable fill, and they
use federal funds for road repair and construction. Their use of
flowable fill containing coal fly ash and/or ferrous foundry sands will
create markets for these recovered materials as well as provide
additional information about the performance of this product.
Coal fly ash and ferrous foundry sands are not universally
available throughout the United States. In addition, in some parts of
the U.S., they might not be economically competitive with local fill
materials. EPA reminds procuring agencies that, under RCRA section
6002, they are not required to purchase an EPA-designated item
containing recovered materials if that item is not reasonably available
or only available at an unreasonable price. However, EPA believes that,
as procuring agencies learn more about the performance of flowable fill
and its positive impact on in-place costs, they will be more willing to
use it.
D. Railroad Grade Crossing Surfaces
The information obtained by EPA demonstrates that railroad grade
crossing surfaces containing recovered materials are commercially
available. Today, in Sec. 247.12(k), EPA proposes to designate railroad
grade crossing surfaces containing coal fly ash, recovered rubber, or
recovered steel as items whose procurement will carry out the
objectives of section 6002 of RCRA.
A final designation would not preclude a procuring agency from
purchasing railroad grade crossing surfaces manufactured from another
material, such as asphalt or wood. It simply requires that a procuring
agency, when purchasing concrete, rubber, or steel railroad grade
crossing surfaces, purchase these items made with recovered materials
when they meet applicable specifications and performance requirements.
In particular, EPA is aware that many states have developed guidelines
or criteria for use in selecting a crossing surface. Different crossing
grade surfaces may be appropriate for different settings, based on
highway traffic and functional classification, types of vehicles using
the crossing, railroad traffic and truck classification, condition of
the approach surface, engineering judgment, costs, and the expected
life of the surface.
The information obtained by EPA indicates that it is not feasible
to use reclaimed asphalt in asphalt railroad grade surface crossings
because asphalt recycling equipment is designed for operation on
highways and roads, not on smaller projects such as railroad crossings.
EPA does not believe that crumb rubber modified asphalt can be used in
railroad grade crossings because of cost and performance constraints.
EPA requests information on the use of either reclaimed asphalt or
crumb rubber modified asphalt in railroad grade crossing surfaces.
EPA did not identify any manufacturers using ground granulated
blast furnace (GGBF) slag or other recovered materials in concrete
railroad grade crossing surfaces. EPA requests information about the
feasibility of using GGBF slag or other recovered materials in this
application.
Plastic lumber is being used in the manufacture of railroad ties
and could be used as a component of grade crossings in the future.
Testing of plastic lumber railroad ties at the Association of American
Railroads' test track near Pueblo, Colorado currently is underway.
Depending on the test results, EPA will consider designating this item
in the future.
1. Background
Railroad grade crossings are surfacing materials placed between
railroad tracks, and between the track and the road at highway and
street railroad crossings, to enhance automobile and pedestrian safety.
Railroad grade crossings can be made of wood, asphalt, concrete,
rubber, metal, or unconsolidated materials, such as crushed stone.
Currently, over half of existing railroad grade crossing surfaces are
asphalt, followed by wood (32%), unconsolidated materials (10%), rubber
(4%), and concrete (2%). However, the use of concrete and rubber
surfaces is increasing.
2. Rationale for Designation
EPA believes that railroad grade crossing surfaces containing
recovered materials meet the statutory criteria for selecting items for
designation.
a. Use of materials in solid waste. Concrete, rubber, and steel
railroad grade crossing surfaces can be made with recovered materials.
Concrete railroad grade crossing surfaces can contain coal fly ash,
which is either used by the manufacturer of the concrete railroad
crossing or by the ready mix concrete company supplying the crossing to
distributors. While there are other applications for coal fly ash,
including concrete used in highway and building construction, only 25%
of the coal fly ash generated annually is recovered. Therefore, EPA
believes that other markets for coal fly ash should be developed. Each
railroad crossing could use as much as 1.5 tons of coal fly ash.
Rubber railroad grade crossing surfaces contain tire buffings from
tire retreading operations, crumb rubber from scrap tires, and off-
specification virgin rubber. As with coal fly ash, there
[[Page 45564]]
are other uses for scrap tires and other applications for crumb tire
rubber. However, additional markets for crumb rubber are needed.
All domestic steel contains recovered materials. Depending on the
process used to manufacture the steel, the railroad grade crossing
surface can contain up to 100 percent recovered steel.
b. Technically proven uses. As discussed in ``Background Document
for Proposed CPG III and Draft RMAN III,'' concrete, rubber, and steel
railroad grade crossing surfaces containing recovered materials are
available and in use throughout the United States. At least two
companies use coal fly ash in the manufacture of concrete railroad
grade crossing surfaces, and EPA believes that many concrete crossing
surface distributors may sell products containing coal fly ash because
more than half of the concrete suppliers in the U.S. use coal fly ash.
There are three manufacturers of rubber railroad grade crossing
surfaces that use tire buffings and/or crumb rubber, while a fourth
manufacturer uses off-specification virgin rubber. As previously noted,
all steel railroad grade crossing surfaces contain recovered steel.
EPA found conflicting information about the performance of concrete
and rubber railroad grade crossing surfaces containing recovered
materials. Users generally are satisfied with concrete surfaces. The
weight of concrete systems can be a problem during track maintenance,
however, although equipment exists to remove the concrete slabs. In
addition, as the wooden railroad ties under concrete systems
deteriorate over time, the concrete can become unstable. It is believed
that, if the performance of plastic lumber railroad ties is proven,
their use, in conjunction with concrete surfaces, will eliminate this
problem.
Proper installation and the use of full-depth rubber crossings
appear to be key factors in the successful use of these items. Rubber
crossings also seem to be preferable for roads with lighter traffic
flow and lighter vehicles.
Both concrete and rubber railroad grade crossing surfaces can cost
more initially than traditional wood or asphalt crossing surfaces but
generally last longer and can be reused after track maintenance, which
reduces their cost over their life cycle.
EPA did not identify any national specifications or standards that
either require or preclude the use of recovered materials in railroad
crossings. The ASTM and AASHTO specifications for blended hydraulic
cement and the ASTM test methods for coal fly ash can be used for
concrete railroad grade crossings. There are nine ASTM test methods and
a classification system for rubber products that can be used when
purchasing rubber railroad grade crossing surfaces. These are listed in
``Background Document for Proposed CPG III and Draft RMAN III'' and in
Section D-4 of the draft RMAN III published in the Notice section of
today's Federal Register.
c. Impact of government procurement. All levels of government
install or contract for the installation of railroad grade crossing
surfaces. Funds for the purchase of railroad grade crossings are
available under the Surface Transportation Program of the Intermodal
Surface Transportation Efficiency Act of 1991. At least 10 percent of
these funds must be set aside for Rail-Highway Crossings and Hazard
Elimination programs, which can include improvements to crossing
surfaces. By considering the use of concrete, rubber, or steel surfaces
containing recovered materials, procuring agencies will increase
markets for these items and demonstrate their performance.
3. Preference Program
Based on comments submitted on the proposed CPG I, EPA is aware
that procuring agencies will be concerned that the designation of a
product such as railroad grade crossing surfaces, instead of a
component of that product, would dictate design decisions based solely
on recovered materials content and not upon engineering considerations
of each individual project. Procuring agencies should keep in mind that
neither RCRA section 6002, Executive Order 12873, nor the Federal
Acquisition Regulation (FAR) 2 require recovered materials
content to supersede engineering considerations. Both RCRA section 6002
and Executive Order 12873 require a procuring agency to purchase EPA-
designated items containing recovered materials to the maximum extent
practicable, unless the items ``fail to meet the performance standards
set forth in the applicable specifications or fail to meet the
reasonable performance standards of the procuring agencies.'' RCRA
section 6002(c)(1)(B).
---------------------------------------------------------------------------
\2\ Recent revisions to the FAR provide that procuring agencies
must require engineers to specify the ``use of the maximum
practicable amount of recovered materials consistent with the
performance requirements, availability, price reasonableness, and
cost-effectiveness.'' 48 CFR Sec. 36.601-3(a).
---------------------------------------------------------------------------
Procuring agencies and their engineers and contractors are
required, however, to affirmatively consider the use of items
containing recovered materials for the specified application. In the
case of railroad grade crossing surfaces, this might require
reconsideration of the agency's guidelines or criteria used in
selecting a crossing surface in order to permit the use of products
containing recovered materials where appropriate.
V. Park and Recreation Products
A. Park Benches and Picnic Tables
The information obtained by EPA demonstrates that park benches and
picnic tables made with recovered materials are commercially available.
Today, in Sec. 247.14(c), EPA proposes to designate park benches and
picnic tables containing recovered steel, aluminum, plastic, or
concrete as items whose procurement will carry out the objectives of
section 6002 of RCRA.
A final designation would not preclude a procuring agency from
purchasing park benches and picnic tables made from other materials. It
simply requires that a procuring agency, when purchasing steel,
aluminum, plastic, or concrete park benches and picnic tables, purchase
these items containing recovered materials when they meet applicable
specifications and performance requirements.
When studying park and recreational furniture, EPA concentrated its
research on park benches and picnic tables, but requests comments on
any other items in this category that commenters believe are made with
recovered materials and that may be purchased in appreciable quantities
by procuring agencies.
1. Background
Park benches and picnic tables can be found in parks, outdoor
recreational facilities, and the grounds of office buildings and other
facilities. Park benches are manufactured from a variety of materials,
including concrete, brick, aluminum, steel, wood, or plastic--usually
in the form of plastic lumber. Picnic tables are also manufactured from
a variety of materials, primarily including wood, aluminum, concrete,
or plastic. Some manufacturers also make these products from composite
materials such as wood and plastic or wood and fiberglass. Although
some manufacturers may make park benches and picnic tables entirely of
steel, most steel included in these products is used in the framing.
2. Rationale for Designation
EPA believes that park benches and picnic tables containing
recovered materials meet the statutory criteria for selecting items for
designation.
[[Page 45565]]
a. Use of materials in solid waste. Park benches and picnic tables
can be made from a variety of recovered materials including aluminum,
steel, wood, high density polyethylene (HDPE), low density polyethylene
(LDPE), polyethylene, polyethylene terephthalate (PET), polypropylene
(PP), and other plastic resins. Although EPA's research did not
identify any manufacturers of concrete park benches and picnic tables
made from recovered materials, the agency sees no technical or
performance reasons why these items could not be made from concrete
containing recovered materials. While the agency is aware that some
manufacturers may use recovered wood in the manufacture of indoor
furniture, EPA's research did not identify any manufacturers making
park benches or picnic tables from recovered wood for outdoor use
except when used as a composite with plastic. The agency is not aware
of any manufacturers that make park benches or picnic tables from
recovered wood except in the form of composite materials and requests
comment on whether this is indeed the case in the industry. No
manufacturers were identified that made these items from bricks
containing recovered materials. Except for HDPE, markets for recovered
plastics have been weak for the past year. Use of recovered plastic
resins in park benches and picnic tables can expand markets for
plastics, as well as other materials used in to make these products
such as steel, aluminum, wood, and concrete.
b. Technically proven uses. EPA identified over 50 manufacturers
and/or distributors of park benches and picnic tables containing
recovered materials. A vast majority of the manufacturers/distributors
identified by EPA use recovered plastic in their park benches and
picnic tables. A number of technical and performance issues exist with
respect to the different materials used to make park benches and picnic
tables. In particular, wood and plastic outdoor and recreational
furniture can differ significantly in terms of longevity and
durability, the effects of temperature, maintenance requirements,
strength, weight and other issues. Different kinds of plastic lumber (
plastics vs. composites) also differ with respect to these performance
issues. For example, plastic lumber timbers and posts may last longer
and require less maintenance than wood timbers and posts, but wood
timbers weigh 2 to 3 times less. Wood and plastic lumber also differ in
tensile strength, creep, and reaction to temperature fluctuations. To
address these issues, ASTM Subcommittee D-20.20.01 developed several
test methods for plastic lumber. These test methods are discussed in
``Background Document for Proposed CPG III and Draft RMAN III'' and are
listed in Section E-3 of the draft RMAN III published in the Notice
section of today's Federal Register.
c. Impact of government procurement. There are no data on the
quantity of steel, aluminum, wood, or plastics used in outdoor and
recreational furniture in general or in the park benches and picnic
tables purchased by government agencies. GSA reported that in 1996,
GSA-tracked purchases of park benches and picnic tables totaled nearly
$3.2 million. This figure includes items made from all types of
materials. According to a GSA representative, federal spending may be
as much as 20 higher than this figure since some large purchasers, such
as the Department of Defense (DOD) and the U.S. Postal Service (USPS),
often buy these items ``off schedule.'' Park benches and picnic tables
are purchased by all levels of government, but the quantities or dollar
values are not known. The National Park Service has purchased park
benches made of various materials, including plastic lumber for use in
parks throughout the United States, as has DOD for use at military
installations and naval bases. The States of Georgia, Wisconsin, and
Washington also have purchased plastic lumber park benches and picnic
tables containing recovered materials. Other potential federal
purchasers include the U.S. Forest Service, the U.S. Fish and Wildlife
Service, and the Department of Housing and Urban Development (HUD).
B. Playground Equipment
The information obtained by EPA demonstrates that playground
equipment made with recovered materials is commercially available.
Today, in Sec. 247.14(d), EPA proposes to designate playground
equipment containing recovered plastic, steel, or aluminum as an item
whose procurement will carry out the objectives of section 6002 of
RCRA.
A final designation would not preclude a procuring agency from
purchasing playground equipment made from other materials. It simply
requires that a procuring agency, when purchasing steel, aluminum, or
plastic playground equipment, purchase these items containing recovered
materials when they meet applicable specifications and performance
requirements.
1. Background
Playground equipment is found in parks, schools, child care
facilities, institutions, multiple family dwellings, restaurants,
resort and recreational developments, and other public use areas. Major
types of playground equipment include slides, swings, climbing
equipment, merry-go-rounds, seesaws, and spring rocking equipment.
Other playground components include stairways and ladders, rungs and
other hand gripping components, handrails, protective barriers, and
platforms. Playground equipment is usually designed to be age
appropriate and is often divided into equipment for 2 to 5 year olds
and 5 to 12 year olds.
Playground equipment can be made with a number of different
materials. Many playgrounds have railings and structural support pieces
made out of one material, fittings made out of another, and decks and
platforms made of a third material. Galvanized steel is often used for
railings and structural support, but these items can also be made with
aluminum. Fittings, such as the bolts that hold chains to swings, are
usually made from stainless steel or aluminum. Decks, platforms, and
slides can be made from steel, aluminum, plastic, wood, and plastic
lumber.
2. Rationale for Designation
EPA believes that playground equipment containing recovered
materials meets the statutory criteria for selecting items for
designation.
a. Use of materials in solid waste. Playground equipment can be
made from a variety of recovered materials including aluminum, steel,
wood, HDPE, LDPE, polyethylene, PET, PP, and other plastic resins.
Recovered wood used in the manufacture of playground equipment is
generally used to make a wood/plastic or a wood/fiberglass composite.
The agency is not aware of any manufacturers that make playground
equipment from recovered wood except in the form of composite materials
and requests comment on whether this is indeed the case in the
industry.
There are many different configurations for playground equipment
using varying amounts of plastic lumber. One private purchaser of 100
percent HDPE plastic lumber playground equipment notes that the
playground set they purchased, which includes three slides, used 86,000
milk jugs. A standard set of playground equipment sold by one
manufacturer, including four slides, climbing equipment, and a number
of platforms, uses 10,000 pounds of recycled plastic,
[[Page 45566]]
1,500 pounds of aluminum, and 2,000 pounds of recycled steel.
b. Technically proven uses. EPA identified 18 manufacturers and/or
distributors of playground equipment containing recovered materials. A
vast majority of the manufacturers/distributors identified use
recovered plastic in their equipment.
Playground equipment is subject to Consumer Product Safety
Commission (CPSC) guidelines and ASTM standard F-1487-95, ``Safety
Performance Specification for Playground Equipment for Public Use.''
Both of these standards note that playground equipment should be
``manufactured and constructed only of materials which have a
demonstrated record of durability in the playground or similar outdoor
setting.'' The CPSC guidelines do not preclude the use of recovered
materials. The ASTM standards note that ``any new materials shall be
documented or tested accordingly for durability by the playground
equipment manufacturer.''
Both CPSC and ASTM note issues with regard to the metal fittings
and structural pieces used in playground equipment. The ASTM
specification states that ``metals subject to structural degradation
such as rust and corrosion shall be painted, galvanized, or otherwise
treated.'' Similarly CPSC notes that ``ferrous metals should be
painted, galvanized, or otherwise treated to prevent rust.''
In addition to ASTM and CPSC standards, playground equipment must
also meet state and local codes and standards as well as federal child
safety laws.
A number of technical and performance issues exist with respect to
the different materials used to make playground equipment. In
particular, wood and plastic playground equipment can differ
significantly in terms of longevity and durability, the effects of
temperature, maintenance requirements, strength, weight and other
issues. Different kinds of plastic lumber (plastics vs. composites)
also differ with respect to these performance issues. For example,
plastic lumber equipment may last longer and require less maintenance
than wood playground equipment, but wood playground equipment can weigh
2 to 3 times less. Wood and plastic lumber also differ in tensile
strength, creep, and reaction to temperature fluctuations. To address
these issues, ASTM Subcommittee D-20.20.01 developed several test
methods for plastic lumber. These test methods are discussed in
``Background Document for Proposed CPG III and Draft RMAN III'' and are
listed in Section E-4 of the draft RMAN III published in the Notice
section of today's Federal Register.
c. Impact of government procurement. There are no data on the
quantity of steel, aluminum, wood, or plastics used in playground
equipment purchased by government agencies. GSA reported that in 1996,
GSA-tracked purchases of playground equipment totaled $4.1 million.
This figure includes items made from all types of materials. According
to a GSA representative, federal spending may be as much as 20 percent
higher than this figure since some large purchasers, such as DOD and
USPS, often buy these items ``off schedule.'' Playground equipment is
purchased by all levels of government, but aggregate quantities or
dollar values are not known.
Purchase of playground equipment by HUD is done by individual
housing projects. Purchasers of playground equipment include the U.S.
Army and other branches of the Armed Services and the GSA child care
facilities. Recent military purchasers include Langley Air Force Base
and Fort Smith Naval Base, among other U.S. military purchases.
VI. Landscaping Products
A. Plastic Lumber Landscaping Timbers and Posts
The information obtained by EPA demonstrates that plastic lumber
landscaping timbers and posts containing recovered materials are
commercially available. Today, in Sec. 247.15(e), EPA proposes to
designate plastic lumber landscaping timbers and posts containing
recovered materials as an item whose procurement will carry out the
objectives of section 6002 of RCRA. A final designation would not
preclude a procuring agency from purchasing landscaping timbers and
posts manufactured from another material, such as wood.
1. Background
Landscaping timbers and posts are used to enhance the appearance of
and control erosion in parks, highways, housing developments, urban
plazas, zoos, and the exteriors of office buildings, military
facilities, schools, and other public use areas. Timbers and posts are
used for such landscaping applications as raised beds, retaining walls,
and terracing.
2. Rationale for Designation
EPA believes that plastic lumber landscaping timbers and posts
containing recovered materials meets the statutory criteria for
selecting items for designation.
a. Use of materials in solid waste. Plastic lumber can be made from
a variety of recovered materials. The product commonly is made from
postconsumer HDPE. It also can be made from mixes of commingled
plastics, such as HDPE, LDPE, polyethylene, PP, and linear low-density
polyethylene; fiberglass-reinforced polyethylene; and composites of
plastic and recovered wood chips and/or sawdust. At least one
manufacturer uses composites of plastic and ground tire rubber. Plastic
lumber timbers and posts have the potential to use large amounts of
recovered materials. For example, it can take up to 45,000 milk jugs to
produce 1,000 linear feet of a 4 x 6 timber.
b. Technically proven uses. There are 50 manufacturers and/or
distributors of plastic lumber, although not all of them sell
landscaping timbers and posts. At least 11 companies manufacture either
specialized plastic lumber landscaping timbers and posts or plastic
lumber that can be used for landscaping applications.
Wood and plastic lumber landscaping timbers and posts differ in
terms of longevity and durability, the effects of temperature,
maintenance, strength, weight, and other issues. Different kinds of
plastic lumber (i.e., plastics vs. composites) also differ with respect
to these performance issues. For example, plastic lumber timbers and
posts may last longer and require less maintenance than wood timbers
and posts, but wood timbers can weigh 2 to 3 times less. Wood and
plastic lumber also differ in tensile strength, creep, and reaction to
temperature fluctuations. To address these issues, ASTM Subcommittee D-
20.20.01 developed several test methods for plastic lumber. These test
methods are discussed in ``Background Document for Proposed CPG III and
Draft RMAN III'' and are listed in Section F-5 of the draft RMAN III
published in the Notice section of today's Federal Register.
c. Impact of government procurement. There are no data on the
volumes of wood used in landscaping applications in general or in
government landscaping projects. Landscaping materials are purchased by
all levels of government, but the quantities or dollar values are not
known. According to the National Park Service, there are currently 14
proposed landscaping projects that plan to use plastic lumber. Other
potential federal purchasers include the Forest Service, HUD, and the
armed services for use on military installations.
B. Food Waste Compost
The information obtained by EPA demonstrates that food waste
compost contains recovered materials (food
[[Page 45567]]
waste mixed with other organic materials) and is commercially
available. EPA previously designated yard trimmings compost in CPG I in
40 CFR Sec. 247.15(b). Today, EPA is proposing to revise the yard
trimmings compost designation to include compost made from food waste
or commingled food waste and yard trimmings as an item whose
procurement will carry out the objectives of section 6002 of RCRA.
1. Background
Composting is the biological process of converting organic matter
under controlled conditions into a product that is rich in humus and
provides organic matter and nutrients to the soil. Mature compost (in
which the composting process is completed) is composed of small brown
particles, resembles soil, and is free of pathogens and weed seeds.
Compost has been defined by the Compost Council, the trade association
for the composting industry, in its ``Composting Glossary,'' as
follows:
Compost is the stabilized and sanitized product of composting;
compost is largely decomposed material and is in the process of
humification (curing). Compost has little resemblance in physical
form to the original material from which it was made. Compost is a
soil amendment, to improve soils. Compost is not a complete
fertilizer unless amended, although composts contain fertilizer
properties, e.g., nitrogen, phosphorus, and potassium, that must be
included in calculations for fertilizer application.
Compost added to soil improves the ability of the soil to support
plant growth. The organic matter in compost is particularly beneficial
to poor soil infrastructure. Adding compost to clay soil, for example,
reduces soil density and compaction, increases aeration, and increases
soil porosity and drainage. These soil changes make plants less
susceptible to root rot disease. Compost added to sandy soil increases
the soil's ability to retain water and nutrients, as well as increasing
its resistance to drought and erosion.
Compost can be used in a wide range of applications. It can be used
as a substitute for peat moss, potting soil, topsoil, or other organic
materials in agriculture, horticulture, silviculture (growing of
trees), and in landscaping. In landscaping, compost is used as a soil
conditioner, soil amendment, lawn top dressing, potting soil mixture,
rooting medium, and mulch for shrubs and trees, and for restoration and
maintenance of golf course turf and other sports turf. Tailor-made
compost (i.e., compost designed and made for specific uses) also can be
used for bioremediation of contaminated soils, treatment of
contaminated stormwater runoff, volatile organic compound (VOC)
emission reduction, and reclamation of mining sites.
It is difficult to talk about ``food waste compost'' as a
completely separate item, since most food waste composting programs add
other available organic materials such as wood chips, sawdust, manure,
or yard trimmings to their mixes. Different types of compost are better
suited to different applications, making information about the
composition of the compost feedstocks important to purchasers. Thus,
there is no consensus among compost experts about how compost made with
a significant amount of food waste should be classified. There is
agreement, however, that all types of mature compost have great value
due to humus and micro-organism content as a soil amendment and
fertilizer.
2. Rationale for Designation
EPA believes that food waste compost containing recovered organic
materials meets the statutory criteria for selecting items for
designation.
a. Use of materials in solid waste. Food waste comprises nearly 7
percent (14 million tons per year) of municipal solid waste. Virtually
all of this waste is potentially compostable. Institutions such as
prisons, universities, and hospitals are excellent sources of food
waste for large-scale or regional composting projects. Commercial
establishments, such as grocery stores, restaurants, and cafeterias,
also provide materials for use in commercial composting. In addition, a
few curbside programs provide food waste to community-based composting
programs. Fruit and vegetable trimmings are the most common feedstock
composted, followed by kitchen preparation residuals, which can include
overcooked pasta, stale rolls, and soups. As previously noted, most
food waste compost programs mix other organic materials, such as
sawdust, wood chips, yard trimmings, or manure, with food wastes to
produce compost. These other added materials vary depending upon what
is available to the composting program, and what nutrients or bulking
agents are needed to make a high quality compost. Yard trimmings are
the most popular amendment to food waste compost, followed by wood
chips and sawdust.
b. Technically proven uses. The Composting Council is helping to
define and develop industry-wide standards for composts made from
various combinations of materials, including food wastes. The
Composting Council publishes these standards in an operating guide for
composting facilities entitled, ``Test Methods for Examination of
Composting and Compost.'' The guide also provides standards for the
suitability of different types of composts made for different
applications, depending on the compost mix. In the U.S. Department of
Transportation's (DOT) ``Standard Specifications for Construction of
Roads and Bridges on Federal Highway Projects 1996,'' the agency
specifies mature compost for use in road construction and does not
specifically preclude the use of food waste in its required composition
of compost. Many State Departments of Transportation have adopted these
standards for highway construction projects.
The nutrient and organic carbon content of compost serves as a food
source for microorganisms in soil, thus increasing the availability of
the soil's organic and nutrient content to plants and aiding faster
recycling of nutrients within the system. In addition to returning
organic materials and nutrients to the soil, other advantages of
amending soil with compost include:
Moderates soil temperature, so that plant roots are warmed
in winter and, through water retention, cooled in dry, hot conditions.
Suppresses some plant diseases, such as wilt and root rot,
reducing the need for chemical pesticides and fungicides. Compost has
been shown to be important in controlling wilt disease in certain
flowers commonly grown for indoor use. Specifically, compost prevents
fusarium wilt disease on cyclamens, a disease that is not otherwise
treatable.
Replaces part or, in some cases, all of the fumigants and
fungicides used on food crops or landscape projects, according to
research conducted at Ohio State University and verified by researchers
in Florida, Pennsylvania, and Alabama.
Releases nutrients in organic form, such as nitrogen, into
the soil slowly over time. This property of compost allows for a
significant reduction in fertilizer use and is compatible with the rate
of plant root uptake.
Reduces nonpoint source runoff by preventing siltation and
by degrading pollutants in the run-off.
Restores contaminated, eroded, or compacted soil.
Compost's organic composition increases the soil's water-holding
capacity. Compost also increases water infiltration into the soil.
Compost helps to reduce soil compaction and increase soil friability,
thus decreasing the erodability of soil. Finally, compost can
[[Page 45568]]
prevent the crusting of soil surfaces, which can otherwise inhibit
seedling growth.
c. Impact of government procurement. Military installations alone
contain about 20 million acres of land that needs to be maintained. The
potential compost usage (at 40 cubic yards per acre) for even a portion
of this acreage would be significant. A Marine Corps base in Camp
Lejeune, North Carolina, for example, has been composting food waste
for more than two years. The operation mixes food waste from mess halls
on the base with shredded paper, cardboard and yard and wood waste. The
facility accepts an average of 10 tons of food waste per week,
generating more than 2,400 tons of yard trimmings and food waste
compost per year for use on the base's more than 150,000 acres. Compost
is used on landscaping projects and made available to contractors for
use in construction projects.
As part of a one-year demonstration project, the DOD District Depot
in New Cumberland, Pennsylvania partnered with a nearby state
correctional facility to compost its food waste. The depot mixed the
food waste with scrap wood from its pallet reclamation operation in two
aerated static piles. The finished product was used onsite for
landscaping projects and made available to project partners, including
the local townships. Other correctional institutions have had
tremendous success with composting. Of the 70 correctional facilities
in New York State, 48 compost food waste. In fiscal year 1996, these
institutions diverted approximately 8,300 tons of food waste for a
savings of more than $1 million, including avoided disposal costs,
hauling fees, and equipment maintenance and storage costs.
Whiteman Air Force Base in Missouri generated 42 tons of food waste
compost through a pilot program in the fall of 1995. Using an in-vessel
system, the base mixed yard trimmings with the food waste generated at
a recycling conference in Kansas City. They have used the compost on
the base and given at least 40 cubic yards to the local solid waste
district for a local land improvement program. By the fall of 1998, the
base plans to establish a permanent in-vessel food waste composting
operation.
Other federal markets for compost made with food waste could be
substantial. As of 1997, the U.S. Forest Service and Park Service
maintain 500,000 miles of roadsides and embankments and millions of
acres of land. The U.S. Forest Service manages more than 190 million
acres of land at 156 national forests, while the U.S. Park Service
manages more than 83 million acres and 369 national parks. At John Muir
National Historic Site, for example, fruit residuals from the 8 acres
of orchards and vineyards are composted with wood chips, yard trimmings
and paper waste. The site composts approximately 6 tons per year in
three 20 cubic yard containers. In addition, universities, hospitals,
and prisons may be using appropriated federal funds for their
composting operations and purchases.
To assist in the development of federal markets for compost,
President Clinton issued a memorandum entitled, ``Environmentally and
Economically Beneficial Practices on Federal Landscaped Ground'' on
April 26, 1994. Agencies are encouraged to develop practical and cost-
effective landscaping methods that preserve and enhance the local
environment. This memorandum requires the use of mulches and compost by
federal agencies and in federally funded projects.
VII. Non-Paper Office Products
A. Plastic Binders, Clipboards, File Folders, Clip Portfolios, and
Presentation Folders
The information obtained by EPA demonstrates that solid plastic
binders, clipboards, file folders, clip portfolios, and presentation
folders are available containing recovered plastics. EPA previously
designated binders in CPG I. Today, in Sec. 247.16(d), EPA proposes to
amend the existing designation of binders to include solid plastic
binders containing recovered plastic. In Sec. 247.16(h)-(k), EPA
proposes to designate plastic clipboards, plastic file folders, plastic
clip portfolios, and plastic presentation folders containing recovered
plastic, respectively, as items whose procurement will carry out the
objectives of section 6002 of RCRA. A final designation would not
preclude a procuring agency from purchasing these items manufactured
from another material. It simply requires that a procuring agency, when
purchasing plastic binders, clipboards, file folders, clip portfolios,
and presentation folders, purchase these items made with recovered
plastic when these items meet applicable specifications and performance
requirements.
EPA previously designated ``binders'' in CPG I in 40 CFR
Sec. 247.16(d). In the background document for the final CPG I, EPA
explained that the ``binder'' designation includes plastic-covered
binders containing recovered plastic, chipboard and pressboard binders,
and the paper component of covered binders. In order to clearly define
the scope of the binder designation, EPA is revising Sec. 247.16(d) to
list the types of binders within the scope of the designation.
1. Background
Binders, clipboards, file folders, clip portfolios, and
presentation folders are commonly used office products made from a
variety of materials, such as paper, plastic, paperboard, and wood
fiber.
2. Rationale for Designation
EPA believes that solid plastic binders, plastic clipboards,
plastic file folders, plastic clip portfolios, and plastic presentation
folders meet the statutory criteria for selecting items for
designation.
a. Use of materials in solid waste. Solid plastic binders,
clipboards, file folders, clip portfolios, and presentation folders can
be made from HDPE, polyethylene, PET, polystyrene, and various other
types of recovered plastics. Except for HDPE, markets for recovered
plastics have been weak for the past year, and additional markets for
HDPE are needed, as well.
b. Technically proven uses. Each of the items is available
commercially from several sources. EPA is aware of five distributors of
binders, file folders, clipboards, clip portfolios, and presentation
folders containing recovered HDPE. HDPE binders, clipboards, and
presentation folders currently are available through GSA's New Item
Introductory Schedule. EPA also is aware of five manufacturers and
distributors of solid plastic binders, clipboards, and file folders
containing other types of plastics.
c. Impact of government procurement. All government agencies
purchase binders, clipboards, file folders, clip portfolios, and
presentation folders. EPA was not able to quantify purchases of these
items, but EPA believes that they are purchased in substantial
quantities that support the proposed designations of these items.
VIII. Miscellaneous Products
A. Sorbents
The information obtained by EPA demonstrates that sorbents (i.e.,
absorbents and adsorbents) containing recovered materials are
commercially available. Today, in Sec. 247.17(b), EPA proposes to
designate sorbents containing recovered materials for use in oil and
solvent clean-ups and as animal bedding, as items whose procurement
will carry out the objectives of section 6002 of RCRA. Based on EPA's
research, sorbents can
[[Page 45569]]
be made containing recovered paper, rubber, yard trimmings, wood,
gypsum, plastics, and textiles. A final designation would not preclude
a procuring agency from purchasing sorbents manufactured from other
materials, such as clay, perlite, or sand. The agency requests comments
on whether sorbents used for oil/solvent clean-ups and/or animal
beddings are made containing any other types of recovered materials.
1. Background
Absorbents and adsorbents are used in a diverse number of
environmental, industrial, agricultural, medical, and scientific
applications to retain liquids and gases. While absorbents and
adsorbents are often used in the same applications, they perform
fundamentally different functions. Absorption is ``the incorporation of
a substance throughout the body of the absorbing material,'' whereas
adsorption is the ``gathering of substances over the surface of the
adsorbing material.'' Since absorbent and adsorbent products are often
used interchangeably in many applications, EPA has chosen to use the
term ``sorbent(s)'' to describe all items in this category.
Sorbents are most often used to clean up industrial and
environmental oil and solvent spills. They are also used in wastewater
treatment, odor control, food processing, septic system maintenance,
resource recovery, dust and erosion control, photography, hazardous
waste remediation, precious metal recovery, chemical processing, and
leachate control of phosphates and nitrates from fertilizers. In
addition, sorbents are used in packaging materials, animal bedding, cat
litter, protective clothing, gas masks, and personal hygiene products.
After reviewing the government procurement of sorbent products, EPA
believes that oil and solvent spill cleanup and animal bedding are the
most common government applications for sorbents and, therefore,
proposes to limit the item designation to these applications. These
products are commercially available and are made with various types of
recovered materials.
Sorbent used for oil/solvent clean-up spills are manufactured from
a variety of organic, inorganic, and synthetic materials, or a
combination thereof. In general, these sorbents can be classified into
three categories as follows:
Organic sorbents can be manufactured from virgin
materials, but most commercially available sorbents are made from
materials recovered from municipal and industrial solid waste
streams.
Inorganic sorbents are generally mined virgin
materials, such as perlite or vermiculite. Most inorganic materials
can also be recovered and used again through a laundering process.
Synthetic sorbents are made from either virgin
synthetic materials or synthetics recovered from the municipal and
industrial solid waste streams.
2. Rationale for Designation
EPA believes that sorbents used for oil/solvent clean-ups and
animal bedding containing recovered materials meets the statutory
criteria for selecting items for designation.
a. Use of materials in solid waste. Sorbents used in spill
applications are manufactured from a variety of recovered materials,
including 100 percent postconsumer newspapers, tires, yard trimmings,
and construction and demolition (C&D) debris, such as wood waste and
gypsum. These sorbents can also be made with 100 percent recovered
material from the plastics, textile, lumber, and pulp and paper
industries. Animal bedding is generally made from recovered wood or
other cellulosic fiber sources, such as paper. One sorbent manufacturer
estimated that the company uses 2,400 pounds of old newspaper each year
to make its sorbent products. Another company from which EPA obtained
information estimates that it uses between 600 and 1,000 tons of lumber
mill waste each year to manufacture sorbent products. Two other
companies estimate that they each use 8,000 tons per year of paper
fines from paper mill sludge in their sorbent products. Other companies
for which EPA has information report using both wood and gypsum from
construction and demolition wastes in their products.
b. Technically proven uses. EPA identified 43 companies that
manufacture and/or distribute sorbents containing recovered materials
for oil/solvent clean-ups and for use as animal bedding. The type of
sorbents used for spill applications generally depends on the type of
substance being sorbed, where the spill occurs, and worker health and
safety issues.
The type of material(s) used to manufacture sorbents is very
important to consider when choosing a sorbent product. Sorbents made
from materials that are incompatible with the substance being sorbed
can potentially disintegrate, create a fire hazard, or pose problems
for worker safety. Organic sorbents, for example, are incompatible
with, and should not be used to clean up substances such as inorganic
acids, caustics, or hydrazines and hydrazides. Sorbents made from
organic materials can, however, be used to clean up most oils and fuels
(e.g., mineral oil, gasoline, and hydraulic fluid), coolants (e.g.,
antifreeze), transformer oils (including Polychlorinated Biphenyls),
paints (e.g., latex based, lacquers, and thinner), alcohols, solvents,
toxins (e.g., cyanides and battery acid), and insecticides and
herbicides.
According to one manufacturer, using products made with recovered
materials can pose some potential concerns. Postconsumer wastes can
contain residuals that are incompatible with aggressive materials
(e.g., highly flammable jet fuels). This manufacturer also indicated
that products used to absorb some types of jet fuel need to have
specific nonstatic characteristics.
Where the spill occurs will also affect the type of sorbent that is
used. To clean up spills on water, for example, the sorbent used should
be hydrophobic, or water resistant, so it will float on water. Sorbents
that are not hydrophobic (i.e., hydrophillic) are generally not used
for spills on water, as they will sink, causing problems when removing
the product from the water body. Thus, for spills on water,
polypropylene and a small number of organic sorbent products that are
treated to make them hydrophobic--are the most commonly used and are
available with recovered materials. Particulate and loose sorbents are
also not recommended for use on open water because they too may absorb
water and sink or be lost to recovery because of winds, waves, and
currents.
End-users also must consider how a sorbent product may effect the
environment, particularly when cleaning up spills in environmentally
sensitive areas (e.g., salt marshes and wildlife refuges). Sorbents
should not be used which could cause entanglement or digestive problems
if ingested by wildlife or marine animals. Products with recovered
materials are being made that satisfy these environmental concerns,
however.
Worker health and safety issues also can play a role in the
selection of sorbent products. Sorbent mats, pads, and rolls may be
best suited for the routine spills that occur during machine
maintenance operations. These products are easier to handle because
they lie flat and keep walking surfaces safe for workers. Particulate
sorbent materials, on the other hand, may be difficult to clean up and
may cause workers to slip. Again, sorbents containing recovered
materials are being made that satisfy concerns.
Under certain conditions, some sorbent materials can be reused or
recycled. Some manufacturers of synthetic sorbents, for example, market
products that can be reused up to 100 times. Under pressure, synthetic
[[Page 45570]]
sorbents will release the sorbed substance, allowing it to be recovered
and the sorbent to be reused. Manufacturers of organic sorbents, on the
other hand, claim their sorbents can be incinerated for energy recovery
and that this process leaves very little ash residue. In addition, clay
sorbents can be put through a ``laundering'' process through which the
sorbed substance and clay can both be reclaimed for reuse.
EPA is aware of two government specifications for sorbent products;
however, at present both preclude the use of organic sorbents in
applications where the type of sorbent material is not otherwise an
issue. The GSA specification, ``Absorbent Material, Oil and Water (For
Floors and Decks),'' for example, states that ``the absorbent material
shall consist of a uniform mixture of minerals of the silicate type.''
This specification is used when ordering from the GSA stock item
program. Government agencies can procure sorbent products through the
GSA's stock contracts and the Multiple Award Federal Supply Schedule.
GSA stock contractors must meet GSA's Commercial Item Description
specification, ``Absorbent Materials, Oil and Water (For Floors and
Decks).'' Thus, when purchasing sorbent products from GSA warehouses,
government agencies are limited to purchasing sorbents made from
silicate minerals. When ordering sorbent products directly from a
multiple award contractor, however, there are no procurement
specifications. Instead, government agencies rely on the manufacturers
specifications, and a full range of sorbent products (e.g., organic,
inorganic, and synthetic) are available for purchase.
The National Institutes of Health specification, ``Laboratory
Animal Bedding, Softwood,'' precludes the use of recovered materials.
The specification states that sorbents used for ``contact bedding for
animals . . . shall be from unused white pine (or related species of
low resin soft pine) lumber.''
ASTM has test methods for both absorbents and adsorbents used to
remove oils and other compatible fluids from water. These are
``Standard Methods of Testing Sorbent Performance of Absorbents (F716-
82)'' and ``Standard Method of Testing Sorbent Performance of
Adsorbents (F716-81).'' Neither of them mention any exceptions or
differences for testing of sorbents made from recovered materials,
however.
EPA's research on sorbents did not identify any technical basis for
the exclusion of recovered materials in these items. The Agency,
therefore, requests comments on whether there are technical and/or
performance-related reasons why specifications for sorbents should
preclude the use of recovered materials.
c. Impact of government procurement. EPA does not have aggregate
figures for the amount or cost spent each year by government agencies
for sorbent materials, but believes the amount to be significant. As
previously mentioned, government agencies can procure sorbent products
through the GSA's stock contracts and the Multiple Award Federal Supply
Schedule.
A number of federal and state agencies purchase a variety of
sorbent products. The U.S. Coast Guard's Marine Safety and
Environmental Protection Division typically uses polypropylene sorbents
to clean up spills on water, and paper or cellulosic sorbents to clean
up spills on land (i.e., spills that occur during maintenance of
vehicles and boats). The National Park Service purchases a variety of
sorbent products used to clean up routine and emergency spills on
water, and for spills that occur during fleet (i.e., vehicles and
boats) maintenance. Although they do not track the purchase of
absorbent products, a contact for the National Park Service claims they
spend well over $10,000 on sorbent products each year. The U.S. Army
Corps of Engineers at Dworshak Dam in Idaho is using a sorbent made
from 100 percent recovered wood waste from the lumber industry for
emergency spill response activities. The U.S. Department of Energy and
Lockheed-Martin have a contract with a manufacturer for sorbent
materials which are made from recovered paper pulp waste. According to
information from Lockheed-Martin, they recently purchased more than
$100,000 of these products.
EPA believes that many government agencies purchase sorbent
materials, including all branches of the military and agencies that
maintain motor pools.
B. Industrial Drums
The information obtained by EPA demonstrates that industrial drums
are available containing postconsumer and other recovered materials,
including steel, HDPE, and old corrugated containers. Today, in
Sec. 247.17(c), EPA proposes to designate industrial drums containing
recovered steel, plastic, or paper as items whose procurement will
carry out the objectives of section 6002 of RCRA. A final designation
would not preclude a procuring agency from purchasing industrial drums
manufactured from another material. It simply requires that a procuring
agency, when purchasing steel, plastic, or pressed fiberboard
industrial drums, purchase these items made with recovered materials
when these items meet applicable specifications and performance
requirements. Applicable requirements include the U.S. Department of
Transportation (DOT) hazardous material packaging requirements.
1. Background
Industrial drums are cylindrical containers used for shipping and
storing hazardous and nonhazardous liquid or solid materials.
Industrial drums are manufactured from a variety of materials,
including steel, plastic, and pressed fiberboard. The different
materials used in the manufacture of industrial drums provide slightly
different performance or cost benefits.
2. Rationale for Designation
EPA believes that industrial drums containing recovered materials
meet the statutory criteria for selecting items for designation.
a. Use of materials in solid waste. Steel, plastic, and fiber drums
are or can be manufactured with recovered materials. All steel drums
contain at least 25 percent recovered materials. Plastic drums can be
manufactured with HDPE from postconsumer plastic drums. Fiber drums are
manufactured from old corrugated containers and other sources of
paperboard.
Industrial drums also can be reused within a controlled
distribution chain or reconditioned and reused. Partners in EPA's
WasteWi$e program have found that drum reconditioning can reduce waste
disposal. For example, in 1995, Dow Corning reconditioned 150,000 steel
drums, eliminating 7.8 million pounds of steel. Dow Corning also
eliminated 1,100 pounds of HDPE by cleaning and selling plastic drums.
b. Technically proven uses. There are 26 manufacturers of steel
drums, all of whom use recovered steel. EPA identified two plastic drum
manufacturers that use recovered materials. One manufacturer uses up to
100 percent postconsumer HDPE, while the other manufacturer produces a
multi-layer drum that includes a 100 percent postconsumer recovered
HDPE layer sandwiched between two virgin plastic layers. EPA also
identified one manufacturer of fiber drums that uses recovered
materials. Additionally, there are over 100 drum reconditioners in the
United States.
The U.S. DOT specifies drum performance criteria for each of its
hazardous material packing group classifications. DOT currently
requires virgin plastic for drums that will be
[[Page 45571]]
used to transport or store hazardous materials because plastic absorbs
small quantities of some materials, which could react with materials
subsequently stored in the drums. However, the latest United Nations
``Recommendations on the Transport of Dangerous Goods'' allows the use
of recovered plastics in hazardous materials packaging. It is likely
that DOT will adopt the UN recommendations but has not yet done so. In
the interim, DOT provides exemptions allowing the use of recovered
content in plastic drums.
Other national specifications (e.g., the performance specifications
issued by the National Motor Freight Traffic Association) do not
preclude the use of recovered materials in industrial drums.
c. Impact of government procurement. Government agencies and their
contractors purchase industrial drums for the transport of hazardous
and nonhazardous materials. Thus, government procurement of industrial
drums containing recovered materials will create or expand markets for
this item. Additionally, EPA is aware that some DOD installations reuse
or refurbish steel drums, and the Defense Reutilization and Marketing
Office (DRMO) frequently provides triple-rinsed steel drums previously
used to transport nonhazardous materials.
C. Awards and Plaques
The information obtained by EPA demonstrates that plaques and
awards made with recovered materials are commercially available. Today,
in Sec. 247.14(d), EPA proposes to designate awards and plaques
containing recovered glass, wood, paper, or plastic as items whose
procurement will carry out the objectives of section 6002 of RCRA.
A final designation would not preclude a procuring agency from
purchasing awards and plaques made from other materials. It simply
requires that a procuring agency, when purchasing glass, wood, paper,
or plastic awards and plaques, purchase these items containing
recovered materials when they meet applicable specifications and
performance requirements.
1. Background
Awards and plaques are articles of recognition for outstanding
performance or service and are generally given for job-related duties.
For the purposes of this designation, awards refer to free-standing
statues while plaques refer to ``board-like'' products generally used
as wall-hangings.
Awards and plaques are manufactured from a variety of materials
including glass, wood, paper, and plastic. Some products are also made
of a composite consisting of plastic and wood (e.g., sawdust). The
agency requests comments on whether these items are made with other
types of recovered materials.
2. Rationale for Designation
EPA believes that awards and plaques containing recovered materials
meet the statutory criteria for selecting items for designation.
a. Use of materials in solid waste. Awards and plaques can be made
from a variety of recovered materials including glass, wood, paper, and
plastic (LDPE, HDPE, and other plastic resins). According to one
manufacturer, a standard 8'' x 10'' plaque diverts approximately one
pound of materials from the waste stream.
b. Technically proven uses. Awards and plaques are sold by
manufacturers and distributors of promotional products. According to a
1995 survey, there are approximately 13,000 such distributors and
manufacturers in the United States. EPA identified six companies that
manufacture or distribute awards and plaques made from recovered
materials. According to four of the companies contacted, recovered
content awards are generally made from blown glass, while plaques are
made from various materials, including compressed newsprint and
sawdust.
The promotional products industry has grown from $5 billion a year
in 1990 to more than $8 billion in 1995. A survey conducted by the
Promotional Products Association (PPA) estimates that awards and
plaques account for almost 8 percent, or approximately $62 million, of
promotional product sales. No discrete data are available on the
percentage of awards and plaques manufactured with recovered materials.
Distributors of awards made from recovered glass indicate these
products are manufactured only on an as-needed basis. Three
manufacturers of plaques made from recovered materials, on the other
hand, state their products are produced on a regular basis, but not in
large volumes.
c. Impact of government procurement. Government agencies purchase
awards and plaques through the GSA Federal Supply Service's Multiple
Awards Contract (MAC) for ``Trophies, Awards, Plaques, Plaques with
Clocks, Pins, Ribbons, Medals, Pen Sets, and Plates/Bowls Suitable for
Engraving.'' GSA does not track the number of awards or plaques
purchased under this contract, but informed EPA that government
agencies purchased approximately $10 million worth of products under
the subcategory ``awards, plaques, trophies, plaques with clocks, pins,
ribbon, and medals'' between 1990 and 1993. Between 1993 and 1996, $12
million worth of products were purchased. Although EPA was unable to
obtain specific information on purchasing volume, information obtained
from GSA indicates that awards and plaques are the most popular items
within the product category.
D. Mats
The information obtained by EPA demonstrates that mats made with
recovered materials are commercially available. Today, in
Sec. 247.17(e), EPA proposes to designate mats containing recovered
rubber and/or plastics as items whose procurement will carry out the
objectives of section 6002 of RCRA.
A final designation would not preclude a procuring agency from
purchasing mats made from other materials. It simply requires that a
procuring agency, when purchasing rubber and/or plastic mats, purchase
these items containing recovered materials when they meet applicable
specifications and performance requirements.
1. Background
Mats are temporary or semi-permanent protective floor coverings
used for numerous applications. They are used to protect carpeting by
reducing wear and tear in heavy traffic areas and by removing moisture,
dirt, and grime from people's shoes. They are used to protect car and
truck floor boards from dirt or accidental spills, and office carpeting
from wheel damage caused by swivel chairs. Mats are used to provide
traction on stairs, ship decks, docks, around pools, or on marble or
tile floors; to reduce worker fatigue in occupational work areas that
require excessive standing; and to reduce the risk of injury during
athletic events. Mats are also used for many specialty applications,
such as protecting truck beds and the teeing areas of golf driving
ranges.
Mats are manufactured in a wide variety of designs and from
numerous materials. Some of the most common materials used include
HDPE, LDPE, nylon, PET, polycarbonate, PP, PVC, rubber, cocoa fiber,
tempered hardboard, and wood. Multiple materials may be used in a
single mat. Vinyl or rubber ``links,'' for example, can be joined
together with steel or aluminum rods. EPA's research found that mats
made with recovered materials are limited to rubber and/or plastic mats
which can also include aluminum or
[[Page 45572]]
steel linkages or frames made from recovered metals.
2. Rationale for Designation
EPA believes that mats containing recovered materials meet the
statutory criteria for selecting items for designation.
a. Use of materials in solid waste. Mats are made with recovered
and postconsumer rubber and or plastic, including PVC, HDPE, LDPE, PET,
and PP. In addition, some mats contain steel or aluminum links or
frames, which contain recovered metals. Some mats are manufactured from
a mixture of rubber and plastics. According to manufacturers from which
EPA obtained information, most mats contain at least some postconsumer
materials.
b. Technically proven uses. Manufacturers estimate that between 75
and 95 percent of all mats manufactured in the United States are made
with some percentage of postconsumer material content. According to all
of the manufacturers contacted by EPA, recovered content mats perform
as effectively as their virgin counterparts, although virgin materials
are sometimes added to provide color or product consistency. EPA
identified 44 manufacturers, distributors, or suppliers of recovered
content mats. They are located throughout the United States and supply
both domestic and international markets. At least 25 manufacturers of
the 44 manufacturers identified produce rubber mats from at least 90
percent postconsumer tires. Several manufacturers also produce mats
that contain 100 percent postconsumer PVC, 100 percent postconsumer
mixtures of HDPE and PP, 100 percent postconsumer mixtures of rubber
and PVC, and up to 97 percent postconsumer HDPE, LDPE, PET, and PP.
With the exception of competition wrestling mats, EPA did not
identify any industry, government, or independent specifications for
mats. ASTM developed a wrestling mat specification for mats used in
high schools and colleges. The specification addresses the construction
of closed-cell foam cores with PVC, PVC coatings, or both; foam cores,
either open- or closed-cell enclosed in sewn, loose covers; and molded
open-cell PVC foam with a dense skin on one surface that is an integral
part of the mat. The ASTM specification does not preclude the use of
recovered materials.
c. Impact of government procurement. EPA was unable to obtain any
information regarding the quantity of mats procured by government
agencies. An individual from USPS explained that, although each of the
40,000 USPS facilities probably uses antifatigue mats, USPS, like many
procuring agencies, does not have a centralized procurement system.
The GSA Supply Catalog lists 36 products in 9 mat categories,
including chair, door, deck, dental floor, porch floor, anti-fatigue,
insulating, ribbed floor, and stair tread mats. The GSA catalog
identifies 2 of the 36 products as containing recovered materials, both
of which are door mats containing 100 percent postconsumer recovered
rubber. The number of categories and products on the GSA schedule
suggests that there is a sizable government market for mats. Most
federal buildings, for example, contain numerous entrance, floor, and
chair mats. The U.S. DOD procures a variety of mats, including antislip
mats for boat and ship decks and docks, helicopter landing mats, and
truck bed mats.
E. Signage
The information obtained by EPA demonstrates that signs and sign
supports/posts made with recovered materials are commercially
available. Today, in Sec. 247.17(f), EPA proposes to designate non-road
signs containing recovered plastic or aluminum and road signs
containing recovered aluminum as items whose procurement will carry out
the objectives of section 6002 of RCRA. In addition, this proposed
designation includes sign supports and posts made from recovered
plastic or steel.
A final designation would not preclude a procuring agency from
purchasing signage or supports/posts made from other materials. It
simply requires that a procuring agency, when purchasing plastic or
aluminum signs for specific applications, purchase these items
containing recovered materials when they meet applicable specifications
and performance requirements. This designation pertains to plastic
signs (and any associated plastic or steel supports/posts) used for
non-road applications (e.g., buildings, parking lots, trails, etc.) and
aluminum road signs (and any associated steel supports/posts).
1. Background
Signs made from recovered materials are used for public roads and
highways, and inside and outside office buildings, museums, parks, and
other public places. The Federal government procures four types of
signs: (1) conventional road signs, (2) expressway signs, (3) freeway
signs, and (4) miscellaneous non-road signs. Highway and other road
signs are purchased by state and local governments primarily with
federal government transportation funds. Non-road signs are procured at
the federal and state levels on an as needed basis. Both road and non-
road signs may require the use of supports/posts depending on the
location of the sign.
2. Rationale for Designation
EPA believes that signage containing recovered materials meets the
statutory criteria for selecting items for designation.
a. Use of materials in solid waste. Sign blanks, posts, and
supports containing recovered materials are primarily manufactured
using recovered aluminum and postconsumer or recovered plastics,
including HDPE, LDPE, PET, PP, polycarbonate. Although the research
conducted by EPA did not identify any manufacturers of signs, supports,
or posts containing postconsumer or recovered wood, some manufacturers
may use recovered wood to make signs and supports/posts. The Agency
requests comments on the prevalence and use of postconsumer or
recovered wood in the manufacture of signs and supports/posts. EPA
obtained information on the use of steel for sign supports/posts;
however, the agency did not identify any manufacturers of signs made
from steel. The agency requests comments on the prevalence or use of
recovered steel in the manufacture of signs.
b. Technically proven uses. EPA identified nine manufacturers and
distributors of signs and supports/posts containing recovered
materials, seven of which use various postconsumer and/or recovered
plastics and two of which use recovered aluminum.
(1) Road Signs
While almost any rigid material can be used for any type of road
sign, most state agencies use aluminum because it has a high strength-
to-weight ratio, costs less than other materials, and withstands
extreme temperatures. Aluminum's strength-to-weight ratio is an
important consideration. Road signs are usually more than 3 feet wide,
so they must be strong but lightweight. States occasionally use smaller
road signs, which could be made of a weaker material, but they prefer
to use the same material for all signs to achieve economies of scale.
States also prefer aluminum because it resists environmental damage.
EPA obtained information that suggested that plywood is also
occasionally used for road signs, but that its use has declined over
the years. Road signs are normally constructed of several extruded
aluminum planks, formed into flat-
[[Page 45573]]
bottomed U-shapes and placed side by side. Tape is used to smooth the
joints, and braces are extended across the back to stabilize the sign.
A reflective polymer is applied to the front to create lettering and
symbols. Sign blanks are typically comprised of either aluminum
sheeting or an exterior grade plywood.
Several grades of aluminum are used in road signs. Although most
aluminum products contain recovered materials, products made from lower
grade aluminum usually contain higher percentages of recovered
materials. A contact at the Connecticut Department of Transportation
said that most states use a mid-level grade of aluminum (Grade 5051)
for road signs. The Ohio Department of Transportation uses a higher
grade (Grade 6061), but has recently approved the use of two lower
grades (Grade 5051 and 3038) as well. According to the National
Aluminum Association, common alloy sheet aluminum, from which sign
blanks are made, consistently contains fairly high levels of recovered
content regardless of grade, although the association could not provide
an average percentage. Standard specifications for road sign size,
lettering, color, strength, and other design and performance
requirements can be found in the ``Manual on Uniform Traffic Control
Devices'' published by the Federal Highway Administration.
(2) Non-Road Signs
These signs are used in areas other than roadways, such as office
buildings, national parks, historic sites, monuments, and other places
of public interest. Non-road signs are often smaller than standard
roadway signs. As a result, they can be made of materials with lower
strength-to-weight ratios, such as wood and plastics like HDPE and PP,
although they are also often made with aluminum. There are two types of
plastic signs: a simple, paintable sheet and a triple-ply, two-color
sheet that is meant to be routed (or etched) to expose the interior
color. The use of plastic is better suited to smaller signs, as large
plastic signs can be extremely heavy.
(3) Sign Supports and Posts
Sign posts and supports can be made from a variety of materials,
including steel, fiberglass reinforced plastic, thin-wall steel tubing,
steel U-post or flanged channel, and standard schedule 40 steel pipe.
Other materials being used in small sign supports include wood and
other types of plastic. The number and type of supports selected for
use at a given site depends on sign blank area and buyer preference. A
period of 15 to 20 years is the maximum life expectancy for most sign
posts and supports, regardless of the type of material.
c. Impact of government procurement.
(1) Road Signs
Most states purchase aluminum sign blanks made from common alloy
sheet aluminum, which usually contains recovered materials. The number
of states purchasing recovered plastic road signs is currently small,
but that number is expected to grow as plastic sign technology matures.
(2) Non-road Signs
EPA identified a total of 24 federal and state agencies that have
purchased non-road signs containing recovered materials. Federal
agencies currently purchasing non-road plastic signs containing
recovered materials include the National Park Service; the U.S. Forest
Service; the U.S. Coast Guard; and the U.S. Navy. State agencies
identified include the Michigan Department of Transportation and the
Ohio Department of Natural Resources.
The National Park Service informed EPA that plastic containing
recovered materials is a viable alternative for non-road signs in all
national parks and national forests. Overall, they were pleased with
the performance of the signs in their parks. Some of the signs have
been in place for up to 8 years. A vendor that sells primarily
recovered-content HDPE signs indicated an increase in demand for these
signs over the past three years.
F. Strapping and Stretch Wrap
The information obtained by EPA demonstrates that manual-grade
strapping is available containing postconsumer and other recovered
materials, including steel, PP, and PET. Today, in Sec. 247.17(g), EPA
proposes to designate manual-grade strapping containing recovered steel
or plastic as an item whose procurement will carry out the objectives
of section 6002 of RCRA. A final designation would not preclude a
procuring agency from purchasing strapping manufactured from another
material, such as rayon or nylon. It simply requires that a procuring
agency, when purchasing steel, PP, or polyester strapping, purchase
these items made with recovered materials when they meet applicable
specifications and performance requirements.
Machine-grade strapping also can contain postconsumer and other
recovered materials. EPA determined that Federal agencies, including
the Defense Logistics Agency (DLA), DOD, GSA, and USPS, purchase
manual-grade strapping products for use in palletizing operations.
However, EPA was unable to verify that they use machine-grade
strapping. Because Federal agencies might not procure this item, EPA is
not proposing today to designate machine-grade strapping. EPA requests
information about Federal agency use of machine-grade strapping.
Plastic stretch wrap can be made from recovered LDPE and/or PET. In
the background document for the proposed CPG II, EPA stated that it was
aware of five companies that can make pallet stretch wrap from
recovered plastic, but only one that produces the product as a stock
item. EPA requested information on additional manufacturers using
recovered materials in their stock stretch wrap. No comments were
submitted. Because only one manufacturer has been identified, EPA
currently is not considering stretch wrap containing recovered
materials for designation in the CPG. EPA is again requesting
information on the use of recovered materials by other stretch wrap
manufacturers.
1. Background
Strapping refers to straps of material used with transport
packaging to hold products in place on pallets or in other methods of
commercial, bulk shipment. Strapping can also prevent tampering and
pilferage during shipping. Stretch wrap, which is a thin, semi-adhesive
plastic film, is sometimes used in conjunction with strapping to hold
products or materials on a pallet.
2. Rationale for Designation
EPA believes that manual-grade strapping containing recovered
materials meets the statutory criteria for selecting items for
designation.
a. Use of materials in solid waste. There are five basic types of
strapping--steel, PP, polyester, nylon, and polyester cord. Of these,
steel, PP, and polyester strapping are or can be made with recovered
materials. The volume of recovered materials used varies greatly
depending on the type of strapping, the materials being used, the
company's ability to incorporate recycled materials, and current market
prices for virgin and recovered materials. For example, additional
equipment is needed to use recovered PET, and manufacturing from
recovered PET is only economically feasible if the price of recovered
PET is comparable to virgin materials.
Steel strapping contains 25 to 100 percent recovered material,
including 10 to 14 percent postconsumer material. Polypropylene
strapping can contain up to 100 percent recovered materials,
[[Page 45574]]
including up to 50 percent postconsumer material. Polyester strapping
can contain up to 100 percent PET, including up to 75 percent
postconsumer material from soda bottles. In particular, polyester
strapping can be made with green soda bottles and, thereby, provides a
market for a recovered material that otherwise has limited markets.
b. Technically proven uses. At least eight manufacturers use
recovered materials to manufacture PP and polyester manual-grade
strapping. Of these, three manufacturers produce steel strapping
containing recovered materials. These companies are identified in
``Background Document for Proposed CPG III and Draft RMAN III''. In
addition, between 17 and 22 other companies currently are manufacturing
strapping products and could be using recovered materials. EPA requests
information on other manual-grade strapping manufacturers using
recovered materials.
There are no specifications unique to strapping containing
recovered materials. Rather, this item is manufactured to meet ASTM
specifications and guides for strapping. These include D 3953,
``Standard Specification for Strapping, Flat Steel and Seals,'' D 3950,
``Standard Specification for Strapping, Nonmetallic (and Joining
Methods).'' and D 4675, ``Standard Guide for Selection and Use of Flat
Strapping Materials.'' The federal Commercial Item Descriptions for
strapping have been replaced with ASTM D 3953 and D 3950.
c. Impact of government procurement. EPA is aware of at least four
Federal agencies that use manual-grade strapping in palletizing
operations: DLA, DOD, GSA, and USPS. While EPA was not able to obtain
quantified information about their purchases, several agency contacts
confirmed that DLA, DOD, and GSA procure strapping directly. GSA offers
strapping products through its Supply Catalog, and DLA is in the
process of making strapping products a regularly stocked item.
IX. Designated Item Availability
EPA has identified a number of manufacturers and vendors of the
items proposed for designation in today's rule. Once the item
designations in today's proposal become final, these lists will be
placed in the RCRA docket for this action and will be posted on EPA's
Internet web page. They will be updated periodically as new sources are
identified and product information changes. Procuring agencies should
contact the manufacturers and vendors directly to discuss their
specific needs and to obtain detailed information on the availability
and price of recycled products meeting those needs.
Other information is available from the GSA, DLA, State and local
recycling offices, private corporations, and trade associations. Refer
to Appendix II of the document, ``Background Document for Proposed CPG
III and Draft RMAN III,'' located in the RCRA public docket, for more
detailed information on these sources of information.
X. Items Dropped from Further Consideration
EPA considered the following items for proposed designation but,
based on the available information, has determined that it would be
inappropriate to designate them at this time. Included is a brief
explanation of the basis for this determination. EPA requests
additional information about these products demonstrating that they
should be reconsidered for possible future designation.
Recycled Ink--EPA contacted numerous printers, ink manufacturers,
and printing trade associations, but was able to identify only one
potential recycled ink manufacturer. Thus, EPA has concluded that this
item currently is not commonly available containing recovered
materials.
Shotgun Shells: Two technical issues exist with regard to
designating shotgun shells. First, shotgun shells are manufactured with
an impact extrusion process that is highly sensitive to any
contaminants in the plastic resin, which precludes the use of recovered
plastics. Second, shotgun shells are subject to more than 15,000 pounds
per square inch of pressure when a shotgun is fired and manufacturers
are hesitant to introduce any impurities that may impair the integrity
of the shotgun shell and result in a potentially fatal injury.
XI. Regulatory Assessments
A. Requirements of Executive Order 12866
Executive Order 12866 (58 FR 51735, October 4, 1993) requires
agencies to determine whether a regulatory action is ``significant.''
and thus subject to Office of Management and Budget (OMB) review and
the requirements of this Executive Order. The Executive Order defines a
``significant'' regulatory action as one that is likely to result in a
rule that may: (1) have an annual effect on the economy of $100 million
or more or adversely affect, in a material way, the economy, a sector
of the economy, productivity, competition, jobs, the environment,
public health or safety, or State, local, or tribal governments or
communities; (2) create serious inconsistency or otherwise interfere
with an action taken or planned by another agency; (3) materially alter
the budgetary impact of entitlements, grants, user fees, or loan
programs or the rights and obligations of recipients; or (4) raise
novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in the Executive
Order.
Pursuant to the terms of the Executive Order, it has been
determined that this rule is not a ``significant regulatory action''
under the terms of Executive Order 12866 and is therefore not subject
to OMB review.''
EPA estimates that the costs associated with this proposed rule are
well below the $100 million threshold. To enable the Agency to evaluate
the potential impact of today's action, EPA has prepared an Economic
Impact Analysis (EIA), as discussed below. For more information on the
estimated economic impact of this proposed rule, see the ``Economic
Impact Analysis for the Proposed Comprehensive Procurement Guideline
III,'' located in the RCRA public docket for the proposed rule.
1. Summary of Costs
As shown in Table 2 below, EPA estimates that the annualized costs
of today's rule will range from $6.5 to $13 million, with costs being
spread across all procuring agencies (i.e., Federal agencies, State and
local agencies that use appropriated Federal funds to procure
designated items, and contractors to all three). These costs are
annualized over a 10-year period at a 3 percent discount rate. Because
there is considerable uncertainty regarding several of the parameters
that drive the costs, EPA conducted sensitivity analyses to identify
the range of potential costs of today's rule. Thus, high-end and low-
end estimates are presented along with the best estimate. The primary
parameter affecting the range of cost estimates is the number of
products each procuring agency is assumed to procure each year. Details
of the costs associated with this proposed rule are provided in the EIA
for this rule.
[[Page 45575]]
Table 2.--Summary of Annualized Costs of CPG Amendments to All Procuring
Agencies
------------------------------------------------------------------------
Best
estimate
Total annualized total
Procuring agency costs ($1000) annualized
costs
($1000)
------------------------------------------------------------------------
Federal Agencies......................... $8,244-$4,122 $8,244
States................................... 1,647-823 1,647
Local Governments........................ 2,993-1,497 2,245
Contractors.............................. 115-57 86
------------------------------------------------------------------------
Total................................ 12,999-6,499 12,222
------------------------------------------------------------------------
As a result of today's proposed rule, procuring agencies will be
required to perform certain activities pursuant to RCRA section 6002.
The costs shown in Table 2 represent the estimated annualized costs
associated with these activities, which include: rule review and
implementation; estimation, certification, and verification of
designated item procurement; and for Federal agencies, reporting and
record keeping. Table 2 also includes estimates for Federal agencies
that will incur costs for specification revisions and affirmative
procurement program modification. More details of the costs associated
with today's rule are included in the EIA.
With regard to possible impacts to business, including small
businesses, there may be both positive and negative impacts to
individual businesses. EPA anticipates that this proposed rule will
provide additional opportunities for recycling businesses to begin
supplying recovered materials to manufacturers and products made from
recovered materials to procuring agencies. In addition, other
businesses, including small businesses, that do not directly contract
with procuring agencies may be affected positively by the increased
demand for recovered materials. These include businesses involved in
materials recovery programs and materials recycling. Municipalities
that run recycling programs also are expected to benefit from increased
demand for certain recovered materials.
EPA is unable to determine the number of businesses, including
small businesses, that may be adversely impacted by this proposed rule.
It is possible that if a business that currently supplies products to a
procuring agency uses virgin materials only, the designation proposed
in CPG III may reduce its ability to compete for future contracts.
However, the proposed CPG III item designations will not affect
existing purchase orders, nor will they preclude businesses from
adapting their product lines to meet new specifications or solicitation
requirements for products containing recovered materials. Thus, many
businesses, including small businesses, that market to procuring
agencies have the option to adapt their product lines to meet
specifications.
2. Product Cost
Another potential cost of today's action is the possible price
differential between an item made with recovered materials and an
equivalent item manufactured using virgin materials. Relative prices of
recycled content products compared to prices of comparable virgin
products vary. In many cases, recycled content products are less
expensive than their virgin counterparts. In other cases, virgin
products have lower prices than recycled content products. Many factors
can affect the price of various products. For example, temporary
fluctuations in the overall economy can create oversupplies of virgin
products, leading to a decrease in prices for these items. Under RCRA
section 6002(c), procuring agencies are not required to purchase a
product containing recovered materials if it is only available at an
unreasonable price.
3. Summary of Benefits
EPA anticipates that this rule will result in increased
opportunities for recycling and waste prevention (e.g., from
refurbishing industrial drums). Waste prevention can reduce the
nation's reliance on natural resources by reducing the amount of
materials used in making products. Less raw materials use results in a
commensurate reduction in energy use and a reduction in the generation
and release of air and water pollutants associated with manufacturing.
Additionally, waste prevention leads to a reduction in the
environmental impacts of mining, harvesting, and other extraction
processes.
Recycling can effect the more efficient use of natural resources.
For many products, the use of recovered materials in manufacturing can
result in significantly lower energy and material input costs than when
virgin raw materials are used; reduce the generation and release of air
and water pollutants often associated with manufacturing; and reduce
the environmental impacts of mining, harvesting, and other extraction
of natural resources. For example, according to information published
by the Steel Recycling Institute, recycling one ton of steel saves
nearly 11 million Btus of energy; 2,500 lbs. of ore; 1,000 lbs. of
coal; and 40 lbs. of limestone. Recycling can also reduce greenhouse
gas emissions associated with manufacturing new products. When compared
to landfilling, recycling one ton of HDPE, LDPE, or PET plastic can
reduce greenhouse gas emissions by up to 0.64 metric tons of carbon
equivalent (MTCE). In addition to conserving nonrenewable resources and
reducing the environmental impacts associated with resource extraction
and processing, recycling also can divert large amounts of materials
from landfills, conserving increasingly valuable space for the
management of materials that truly require disposal.
By purchasing products made from recovered materials, government
agencies can increase opportunities for realizing these benefits. On a
national and regional level, today's proposed rule can result in
expanding and strengthening markets for materials diverted or recovered
through public and private collection programs. Also, since many State
and local governments, as well as private companies, reference EPA
guidelines when purchasing designated items, this rule can result in
the increased purchase of recycled products, locally, regionally, and
nationally, and can provide opportunities for businesses engaged in
recycling activities.
B. Unfunded Mandates Reform Act of 1995 and Consultation with State,
Local, and Tribal Governments
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.L.
104-4, establishes requirements for Federal
[[Page 45576]]
agencies to assess the effects of their regulatory actions on State,
local, and tribal governments and the private sector. Under section
202, EPA generally must prepare a written statement, including cost-
benefit analysis, for proposed and final rules with Federal mandates
that may result in estimated costs to State, local, or tribal
governments in the aggregate, or to the private sector, of $100 million
or more in any one year. When such a statement is required for EPA
rules, under section 205 of the Act, EPA must identify and consider
alternatives, including the least costly, most cost-effective, or least
burdensome alternative that achieves the objectives of the rule. EPA
must select that alternative, unless the Administrator explains in the
final rule why it was not selected or it is inconsistent with law.
Before EPA establishes regulatory requirements that may significantly
or uniquely affect small governments, including tribal governments, it
must develop under section 203 of the Act a small government agency
plan. The plan must provide for notifying potentially affected small
governments, giving them meaningful and timely input in the development
of EPA regulatory proposals with significant Federal intergovernmental
mandates, and informing, educating, and advising them on compliance
with the regulatory requirements.
EPA has determined that today's proposed rule does not include a
Federal mandate that may result in estimated annualized costs of $100
million or more to either State or local or tribal governments in the
aggregate, or to the private sector. To the extent enforceable duties
arise as a result of this proposed rule on State and local governments,
they are exempt from inclusion as Federal intergovernmental mandates if
such duties are conditions of Federal assistance. Even if they are not
conditions of Federal assistance, such enforceable duties do not result
in a significant regulatory action being imposed upon State and local
governments since the estimated aggregate cost of compliance for them
are not expected to exceed, at the maximum, $4.6 million annually. The
cost of enforceable duties that may arise as a result of today's
proposed rule on the private sector are estimated not to exceed
$115,000 annually. Thus, the proposed rule is not subject to the
written statement requirement in sections 202 and 205 of the Act.
The designated items included in the proposed CPG III may give rise
to additional obligations under section 6002(I) (requiring procuring
agencies to adopt affirmative procurement programs and to amend their
specifications) for state and local governments. As noted above, the
expense associated with any additional costs is not expected to exceed,
at the maximum, $4.6 million annually. In compliance with Executive
Order 12875 entitled Enhancing the Intergovernmental Partnership, 58 FR
58093 (October 28, 1993), which requires the involvement of State and
local governments in the development of certain Federal regulatory
actions, EPA conducts a wide outreach effort and actively seeks the
input of representatives of state and local governments in the process
of developing its guidelines.
When EPA proposes to designate items in a CPG, information about
the proposal is distributed to governmental organizations so that they
can inform their members about the proposals and solicit their
comments. These organizations include the U.S. Conference of Mayors,
the National Association of Counties, the National Association of Towns
and Townships, the National Association of State Purchasing Officials,
and the American Association of State Highway and Transportation
Officials. EPA also provides information to potentially affected
entities through relevant recycling, solid waste, environmental, and
industry publications. In addition, EPA's regional offices sponsor and
participate in regional and state meetings at which information about
proposed and final designations of items in a CPG is presented.
Finally, EPA has sponsored buy-recycled education and outreach
activities by organizations such as the U.S. Conference of Mayors, the
Northeast Recycling Council, the Environmental Defense Fund, Keep
America Beautiful, and the California Local Government Commission,
whose target audience includes small governmental entities.
The requirements do not significantly affect small governments,
because they are subject to the same requirements as other entities
whose duties result from today's rule. As discussed above, the expense
associated with any additional costs to State and local governments is
not expected to exceed, at the maximum, $4.6 million annually. The
requirements do not uniquely affect small governments because they have
the same ability to purchase these designated items as other entities
whose duties result from today's rule. Additionally, use of designated
items affects small governments in the same manner as other such
entities. Thus, any applicable requirements of section 203 of the Act
have been satisfied.
C. Impacted Entities
RCRA section 6002 applies to procuring agencies that use at least a
portion of Federal funds to procure over $10,000 worth of a designated
product in a given year. EPA estimates that this rule would apply to 35
Federal agencies, all 56 states and territories, and 1,900 local
governments. EPA calculated the number of local entities that would be
impacted based on information regarding the amount of Federal funds
that are dispersed to specific counties. In addition, EPA assumed that
between 200 and 1,000 contractors may be affected. A description of
this information is provided in the EIA for today's proposed rule.
D. Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996) whenever an agency is required to publish a notice of
rulemaking for any proposed or final rule, it must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effect of the rule on small entities (i.e., small
businesses, small organizations, and small governmental jurisdictions).
However, no regulatory flexibility analysis is required if the head of
an agency certifies the rule will not have a significant economic
impact on a substantial number of small entities.
SBREFA amended the Regulatory Flexibility Act to require Federal
agencies to provide a statement of the factual basis for certifying
that a rule will not have a significant economic impact on a
substantial number of small entities. The following discussion explains
EPA's determination.
In the case of small entities which are small governmental
jurisdictions, EPA has concluded that the proposal, if promulgated,
will not have a significant economic impact. EPA concluded that no
small government with a population of less than 50,000 is likely to
incur costs associated with the designation of the 19 items because it
is improbable that such jurisdictions will purchase more than $10,000
of any designated item. Consequently, RCRA section 6002 would not apply
to their purchases of designated items. Moreover, there is no evidence
that complying with the requirements of RCRA section 6002 would impose
significant additional costs on the small governmental entity to comply
in the event that a small governmental jurisdiction purchased more than
$10,000 worth of a designated item. This is the case
[[Page 45577]]
because in many instances items with recovered materials content may be
less expensive than items produced from virgin material.
Furthermore, EPA similarly concluded that the economic impact on
small entities that are small businesses would not be significant. Any
costs to small businesses that are ``procuring agencies'' (and subject
to RCRA section 6002) are likely to be insubstantial. RCRA section 6002
applies to a contractor with a Federal agency (or a state or local
agency that is a procuring agency under section 6002) when the
contractor is purchasing a designated item, is using Federal money to
do so, and exceeds the $10,000 threshold. There is an exception for
purchases that are ``incidental to'' the purposes of the contract,
i.e., not the direct result of the funds disbursement. For example, a
courier service contractor is not required to purchase re-refined oil
and retread tires for its fleets because purchases of these items are
incidental to the purpose of the contract. Therefore, as a practical
matter, there would be very limited circumstances when a contractor's
status as a ``procuring agency'' for section 6002 purposes would impose
additional costs on the contractor. Thus, for example, if a State or
Federal agency is contracting with a supplier to obtain a designated
item, then the cost of the designated item (any associated costs of
meeting section 6002 requirements) to the supplier presumably will be
fully recovered in the contract price. Any costs to small businesses
that are ``procuring agencies'' (and subject to section 6002) are
likely to be insubstantial. Even if a small business is required to
purchase other items with recovered materials content, such items may
be less expensive than items with virgin content.
Therefore, I hereby certify that this rule will not have a
significant economic impact on a substantial number of small entities.
This rule, therefore, does not require a regulatory flexibility
analysis. The basis for EPA's conclusions that today's proposed rule,
if adopted, will not have a significant impact on a substantial number
of small entities is described in greater detail in the EIA for the
proposed rule.
While not a factor relevant to determining whether the proposed
rule will have a significant impact for RFA purposes, EPA believes that
the effect of today's proposed rule would be to provide positive
opportunities to businesses engaged in recycling and the manufacture of
recycled products. Purchase and use of recycled products by procuring
agencies increase demand for these products and result in private
sector development of new technologies, creating business and
employment opportunities that enhance local, regional, and national
economies. Technological innovation associated with the use of
recovered materials can translate into economic growth and increased
industry competitiveness worldwide, thereby, creating opportunities for
small entities.
E. Executive Order 13045: Protection of Children from Environmental
Health Risks and Safety Risks
The Executive Order ``Protection of Children from Environmental
Health Risks and Safety Risks (62FR19885, April 23, 1997), applies to
any rule that EPA determines (1) ``economically significantly'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the Agency must evaluate the environmental health or
safety effect of the planned rule on children; and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
EPA interprets E.O. 13045 as encompassing only those regulatory
actions that are risk based or health based, such that the analysis
required under section 5-501 of the E.O. has the potential to influence
the regulation. This rule is not subject to E.O. 13045 because it is
not an economically significant regulatory action and does not involve
decisions regarding environmental health or safety risks.
F. The National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Pub. L. 104-113, Sec. 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards.
This proposed rulemaking does not involve technical standards such
as testing methods, sampling procedures or specifications for analyzing
the recovered materials content of designated items. Therefore, EPA did
not consider the use of any voluntary consensus standards.
G. Executive Order 13084: Consultation and Coordination With Indian
Tribal Governments
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments. If the mandate is unfunded,
EPA must provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected and other representatives of
Indian tribal governments ``to provide meaningful and timely input in
the development of regulatory policies on matters that significantly or
uniquely affect their communities.''
This rule does not significantly or uniquely affect the communities
of Indian tribal governments.
XII. Supporting Information and Accessing Internet
The index of supporting materials for today's proposed CPG III is
available in the RCRA Information Center (RIC) and on the Internet. The
address and telephone number of the RIC are provided in ADDRESSES
above. The index and the following supporting materials are available
in the RIC and on the Internet:
``Background Document for Proposed CPG III and Draft RMAN III,''
EPA530-R-98-003, U.S. EPA, Office of Solid Waste and Emergency
Response, April, 1998.
``Economic Impact Analysis for Proposed Comprehensive Procurement
Guideline III,'' EPA530-R-98-002, U.S. EPA, Office of Solid Waste and
Emergency Response, April, 1998.
Copies of the following supporting materials are available for
viewing at the RIC only:
``Recovered Materials Product Research for the Comprehensive
[[Page 45578]]
Procurement Guideline III,'' Draft Report, September 26, 1997.
Follow these instructions to access information electronically:
WWW: http://www.epa.gov/epaoswer/non-hw/procure.htm>
FTP: ftp.epa.gov
Login: anonymous
Password: your Internet address
Files are located in /pub/epaoswer.
List of Subjects in 40 CFR Part 247
Environmental protection, Absorbents, Adsorbents, Awards and
plaques; Carpet, Carpet backing; Carpet cushion; Construction products,
Flowable fill, Food waste compost, Government procurement; Industrial
drums; Landscaping products, Landscaping timbers and posts; Manual-
grade strapping, Mats, Nylon carpet, Office products, Park and
recreational furniture, Park and recreation products, Plastic
clipboards, Plastic file folders, Plastic clip portfolios, Plastic
lumber, Plastic presentation folders; Playground equipment; Procurement
guidelines, Railroad grade crossing surfaces, Recycling, Signage, Solid
plastic binders, Transportation products.
Dated: August 19, 1998.
Carol M. Browner,
Administrator.
For the reasons discussed in the preamble, EPA proposes to amend 40
CFR part 247 as follows:
PART 247--COMPREHENSIVE PROCUREMENT GUIDELINE FOR PRODUCTS
CONTAINING RECOVERED MATERIALS
1. The authority citation for part 247 continues to read as
follows:
Authority: 42 U.S.C. 6912(a) and 6962; E.O. 12873, 58 FR 54911.
2. In Sec. 247.12, add paragraphs (h), (i), (j), and (k) to read as
follows:
Sec. 247.12 Construction products.
* * * * *
(h) Nylon carpet (broadloom and tiles) made with backing containing
recovered materials.
(i) Carpet cushion made from bonded polyurethane, jute, synthetic
fibers, or rubber containing recovered materials.
(j) Flowable fill containing coal fly ash and/or ferrous foundry
sands.
(k) Railroad grade crossing surfaces containing coal fly ash,
recovered rubber, or recovered steel.
3. In Sec. 247.14, add paragraphs (c) and (d) to read as follows:
Sec. 247.14 Park and recreation products.
* * * * *
(c) Park benches and picnic tables containing recovered steel,
aluminum, plastic, or concrete.
(d) Playground equipment containing recovered plastic, steel, or
aluminum.
4. In Sec. 247.15, revise paragraph (b) and add paragraph (e) to
read as follows:
Sec. 247.15 Landscaping products.
* * * * *
(b) Compost made from yard trimmings, leaves, grass clippings, and/
or food waste for use in landscaping, seeding of grass or other plants
on roadsides and embankments, as a nutritious mulch under trees and
shrubs, and in erosion control and soil reclamation.
* * * * *
(e) Plastic lumber landscaping timbers and posts containing
recovered materials.
5. In Sec. 247.16, revise paragraph (d) and add paragraphs (h)
through (k) to read as follows:
Sec. 247.16 Non-paper office products.
* * * * *
(d) Plastic-covered binders containing recovered plastic; chipboard
and pressboard binders containing recovered paper; and solid plastic
binders containing recovered plastic.
* * * * *
(h) Plastic clipboards containing recovered plastic.
(i) Plastic file folders containing recovered plastic.
(j) Plastic clip portfolios containing recovered plastic.
(k) Plastic presentation folders containing recovered plastic.
6. In Sec. 247.17, add paragraphs (b) through (g) to read as
follows:
Sec. 247.17 Miscellaneous products.
* * * * *
(b) Sorbents containing recovered materials for use in oil and
solvent clean-ups and as animal bedding.
(c) Industrial drums containing recovered steel, plastic, or paper.
(d) Awards and plaques containing recovered glass, wood, paper, or
plastic.
(e) Mats containing recovered rubber and/or plastic.
(f)(1) Non-road signs containing recovered plastic or aluminum and
road signs containing recovered aluminum.
(2) Sign supports and posts containing recovered plastic or steel.
(g) Manual-grade strapping containing recovered steel or plastic.
[FR Doc. 98-22793 Filed 8-25-98; 8:45 am]
BILLING CODE 6560-50-P
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.