Procedures for Submission of Biobased Products for Listing by USDA

DEPARTMENT OF AGRICULTURE

Office of the Secretary

Procedures for Submission of Biobased Products for Listing by

USDA

AGENCY: U.S. Department of Agriculture.

ACTION: Notice and request for comment.

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SUMMARY: As required by Executive Order 13101, the U.S. Department of

Agriculture (USDA) is proposing guidelines for listing commercially

available commercial and industrial biobased products (a commercial or

industrial product (other than food or feed) that utilizes biological

products or renewable domestic agricultural (plant, animal, and marine)

or forestry materials) available for purchase by Federal agencies. This

notice includes a generic definition of biobased products, suggested

criteria for including biobased items in a list to be put together by

USDA, and a description of the process USDA will use in considering

items for inclusion on the USDA Biobased Products List. USDA is seeking

specific public comment on the criteria and process and other comments

as appropriate. USDA will, after development of the first list, also be

accepting items for listing on an on-going basis.

DATES: Comments should be received on or before September 13, 1999.

ADDRESSES: Individuals wishing to comment must send an original and two

copies of their written comments to: J. R. Holcombe, Jr.; Office of

Procurement and Property Management; U.S. Department of Agriculture;

Mail Stop 9303; 1400 Independence Avenue, SW; Washington, DC 20250.

Please place the phrase ``USDA Biobased Products List'' on your

envelopes containing comments. The comments themselves also should be

identified with the phrase ``USDA Biobased Products List''.

FOR FURTHER INFORMATION CONTACT: J. R. Holcombe, Jr., at the address

above or by E-mail at [email protected] Persons requiring

accommodations, including sign language interpreters, should call J. R.

Holcombe, Jr. through Terry Thir at (202)720-2531 or TDD (202)720-

8372).

SUPPLEMENTARY INFORMATION:

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Table of Contents

I. Authority

II. Background

III. Definitions

IV. Model

V. Methodology

VI. Criteria for Proposing Biobased Products

1. Contain biobased materials

2. Readily available

3. Reasonably priced

4. Performance

5. Meets EPA's EPP Guiding Principles

VII. Proposed Categories of Products for Consideration

Category 1: Absorbents/Adsorbents

Category 2: Adhesives/Inks/Coatings

Category 3: Alternative Fuels and Fuel Additives

Category 4: Construction Materials/Composites

Category 5: Lubricants/Functional Fluids

Category 6: Renewable Alternative Fiber Papers/Packaging

Category 7: Solvents/Cleaners/Surfactants

Category 8: Plant Based Plastics/Degradable Polymers/Films

Category 9: Landscaping Products

Category 10: Bioremediation Products

Category 11: New Fibers/Filler/Yarn/Insulation

Category 12: Enzymes/Intermediate Chemicals

Category 13: Other

(A.) Cosmetics

(B.) Pharmaceuticals/Nutraceuticals

(C.) Products no longer under consideration or for which USDA

has inadequate information

(D.) Products USDA has decided not to designate

VII. Questions and Answers

IX. Appendix

1.USDA Biobased Products Coordination Council Functions by

Member

2. Other Resources

I. Authority

The designation and consideration of biobased products is

authorized by Executive Order (EO) 13101, Greening the Government

Through Waste Prevention, Recycling, and Federal Acquisition, dated

September 14, 1998, as follows:

Sec. 504. Designation of Biobased Items by the USDA. The USDA

Biobased Products Coordination Council shall, in consultation with

the FEE (Federal Environmental Executive), issue a Biobased Products

List. (a) The Biobased Products List shall be published in the

Federal Register by the USDA within 180 days after the date of this

order and shall be updated biannually after publication to include

additional items; (b) Once the Biobased Products List has been

published, agencies are encouraged to modify their affirmative

procurement program to give consideration to those products.

The requirement for Federal agencies to consider biobased products

is not only in Executive Order 13101, but also in Office of Management

and Budget (OMB)/Office of Federal Procurement Policy (OFPP) Policy

Letter 92-4 and applies to all Federal agencies. E.O. 13101 is silent

on micro-purchases, thus there is no threshold or other exception which

would discourage agencies from purchasing biobased products. Nor is

there any exemption for purchases using Federal credit cards. While

there is no stated equivalent encouragement for state and local

governments to purchase biobased products, generally state and local

governments follow the Federal lead in such matters.

II. Background

Sustained economic growth depends on having a secure raw material

source for industrial production. Petroleum, today's prevalent

industrial feed stock, is neither sustainable nor environmentally

friendly. Biobased products offer alternatives to petroleum and

mineral-derived industrial products currently in the marketplace which

may have negative environmental impacts. Biological plant and animal

systems and processing streams in the U.S. food, feed and fiber

industries are renewable over a short time frame and, in general, at

the end of their life cycle are either recycled, or allowed to return

in an environmentally friendly manner to the environment. Utilizing

biobased materials to produce industrial products will expand the

nation's capabilities to take advantage of new and exciting

technologies and America's agricultural abundance.

From a procurement perspective, a broader range of biobased

industrial products will assist agencies in successfully meeting

environmental goals as outlined in E.O. 13101. From the USDA

perspective, the issues extend well beyond good stewardship of the

nation's resources.

USDA is engaged in research and development activities for biobased

industrial products. These activities are conducted in-house, through

universities and colleges, through private business, and through USDA's

Alternative Agricultural Research and Commercialization Corporation.

Partnerships with universities, industry, state and local government

and other Federal agencies to create, apply and transfer knowledge and

technology, have resulted in a broad range of non-food and non-feed

products to meet expanding market needs. Some of these products offer

many performance advantages over conventional products such as enhanced

quality, durability, flexibility, and strength, and are biodegradable

when appropriate.

Buying biobased products ensures that ``biobased industrial

products will be a major U.S. economic growth area in the next century

as fossil-based industrial products, such as synthetic chemicals and

liquid fuels, were in the 20th century. Biobased industrial products

will improve economic security through use of domestic versus imported

resources, optimal use of currently unused or underused land, and

geographically widespread production and manufacture across the U.S.''

(Quote from Vision for Agricultural Research and Development in the

21st Century, December 14, 1998, prepared by the National Agricultural

Biotechnology Council).

The Biobased Products List (BPL) does not qualify as a rule making

under the Administrative Procedure Act, 5 U.S.C. 551 et seq. The

Biobased Products Coordination Council (BPCC) listing of biobased

products is without a binding effect. Agencies are not required to

purchase biobased products, and listing does not guarantee any sales of

such products. Listing heightens awareness in the Federal acquisition

community that such products are available. Listing acknowledges that

these products contain certain features that may make the products more

desirable for Federal agencies. The BPCC also is not requiring any

action be taken by the private sector. The listing is simply

information dissemination. Even though not a rule, USDA is eager to

obtain public involvement in the formulation of the biobased products

list to develop a more utilitarian, comprehensive, and informed list.

For those reasons, USDA is soliciting public comment through this

notice.

As stated above, the designation of products by USDA and the

resulting BPL is part of USDA's efforts to heighten awareness among

those in the Federal acquisition community regarding the availability

of such products. Simultaneously, as a collateral benefit, USDA

believes such listing will promote the use of products made from

agricultural materials. The intent of E.O. 13101 is to use the

purchasing power of the Federal government to create new markets and

stimulate the development of new environmentally preferable products,

including biobased products, for the Federal market. As with recycled

content products, Federal agency procurement of biobased products will:

(1) demonstrate their performance and quality; (2) help to provide

markets, thereby encouraging manufacturing; (3) drive the development

of product specifications; (4) promote wider availability; (5) provide

a model for State and local governments; and (6) remove barriers to

procurement and use of these products.

The Federal market place is already well aware of mature biobased

products,

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such as cotton shirts and dimensional lumber. Because of the

anticipated large number of biobased products of which Federal

officials are unaware, and to help keep the BPL manageable and useful

as an effective and efficient procurement information resource, USDA

has decided not to list commonly known mature products. Instead, USDA

is publishing the BPL to promote new uses for conventional crops, non-

conventional crops, biological products, marine products, or forestry

materials. Additionally, by increasing the acquisition of the number

and kinds of biobased products available for purchase by Federal

procurement officials, competition in contracting will be strengthened.

Successful implementation of E.O. 13101 will have significant outcomes

for U.S. agriculture and the environment. There will be economic,

environmental and societal advantages from the development of

industrial feed stocks from agricultural materials.

III. Definitions

A ``biobased product' is defined in E.O. 13101 as a commercial or

industrial product (other than food or feed) that utilizes biological

products or renewable domestic agricultural (plant, animal, and marine)

or forestry materials.

``Mature markets'' means a product area that exists with sufficient

commercial sales so that, within the judgment of USDA, no marketing

support is needed.

``Environmentally preferable products'' means products that have a

lesser negative impact on human health or the environment when compared

with competing products that serve the same purpose. This comparison

should use principles recommended in guidance issued by the U.S.

Environmental Protection Agency (EPA) (see Federal Acquisition

Regulation 23.703).

These are commonly recognized definitions. The public is encouraged

to comment on these definitions and suggest others.

IV. Model

This notice, and the proposed USDA methodology for designating

biobased products, is patterned after the Guidelines for Procurement of

Products Containing Recovered Material (Comprehensive Procurement

Guidelines--CPG) published by the U.S. Environmental Protection Agency

(EPA) which designates items that are or can be made with recovered

materials (59 FR 18852, April 20, 1994). In like manner, the USDA BPL

will identify commercial or industrial products made from agricultural,

forestry and marine materials. The CPG implements section 6002(e) of

the Resource Conservation and Recovery Act (RCRA), as amended by the

Hazardous and Solid Waste Amendments of 1984, section 502 of E.O.

12873, and E.O. 13101. RCRA requires EPA to designate items that can be

produced with recovered materials and to recommend practices for the

procurement of designated items by procuring agencies. E.O. 12873 and

E.O. 13101 set forth procedures for EPA to follow in implementing

section 6002(e) of RCRA. Specifically, EPA designates products for

agencies to purchase and provides recommendations for purchasing those

products containing recovered materials. Similarly, E.O. 13101 directs

that USDA identify biobased products and prepare a list of biobased

products and ``agencies are encouraged to modify their affirmative

procurement program to give consideration to those products.'' Updated

information on CPG can be found at the web site: http://www.epa.gov/

cpg.

V. Methodology

As soon as E.O. 13101 was signed on September 14, 1998, USDA began

its efforts to compile a list of biobased products as required by the

E.O. A committee was appointed by USDA's BPCC to prepare the

appropriate notice for the Federal Register.

The committee is made up of individuals with commercialization,

legal, legislative, marketing, procurement, rural development,

research, and other technical expertise and who meet to work on the

list. Early in the process, draft copies of the proposed listing

process were shared with other Federal agencies, environmental

organizations, and agri-industry groups, including the major commodity

representatives. The Federal Trade Commission was contacted to seek

their guidance with respect to labeling products biobased. The

committee also utilized existing documents on biobased products

referenced in the appendix of this document. Based on public input,

research and the expertise of the committee, this notice for comment

was prepared.

A number of questions were raised during the committee

deliberations. Many of these related to the standard procurement

requirements of price, performance, and availability. Some are answered

below under the criteria section, while a number of other

considerations are conveyed under section VII entitled ``Questions and

Answers'.

USDA proposes to designate biobased products by establishing and

maintaining a list of product categories. For this document we have

combined some categories of commercial and industrial products. Other

categories are not listed because they do not designate products which

are purchased by government procurement officials. This document is

presented to the public for comment. USDA is providing an opportunity

for interested parties to suggest changes (alterations, additions or

deletions) to the designated categories. USDA will consider the timely

comments and publish its decision in the Federal Register as a notice.

Over time USDA will determine whether the world wide web or a similar

electronic communication system may be adequate to allow open public

review and comment. If this determination is made, the electronic

system will be used to supplement publication in the Federal Register.

USDA also will issue guidance in the Federal Register on buying

biobased products in a Biobased Products Advisory Notice (BPAN). The

BPANs will recommend biobased content ranges or other descriptors for

biobased products and will be based on current information on

commercially available biobased content products. Content levels will

be updated as marketplace conditions change. BPANs will be prepared and

published in the Federal Register for public comment in the same manner

as the BPL.

USDA will list products and sources for these products on a world

wide web site to allow buyers to use the designation of products as a

``yellow pages'' to seek out biobased products for their use. Biobased

products which USDA is aware of will be listed on the site. USDA will

not guarantee the validity of the advertising claims presented by the

vendor to inform USDA of the product. Vendors are advised that their

advertising, labeling, and other marketing claims should comply with

the U.S. Federal Trade Commission's Guides for the Use of Environmental

Marketing Claims, 16 CFR Part 260. USDA also does not endorse any

products on the list. Vendors may submit information to describe their

products and its availability at any time after a suitable category is

developed.

Products may be listed in more than one category. The extent of

information to be offered USDA to support listing a product is

determined by the vendor. Should USDA reject a proposed listing,

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the vendor will be informed of the reasons and allowed to resubmit.

While directed primarily at Federal executive branch agencies, the

BPL and BPAN information is helpful to everyone interested in

purchasing biobased-content products. It is expected that state and

local governments and commercial businesses will find the BPL and

supporting information helpful.

As part of the BPL designation process, USDA will make its

supporting documentation and background information available. In

addition, product research information will be published in a technical

background document that discusses product availability, performance,

relevant specifications, government purchasing, and other pertinent

issues.

All proposals, designations, and recommendations will be published

in the Federal Register with a brief description for each of the

designated products listed (BPAN). The public also can view USDA's

recommended biobased content range, or other descriptors and a list

identifying manufacturers, vendors, and suppliers for each product at a

web site to be created.

USDA's method for identifying, proposing, and designating BPL

products is developed based on the experience of EPA in the designation

of recycled-content products and on the direction set up in E.O. 13101,

section 504. Prior to issuing or revising the BPL, USDA will consult

with Federal acquisition officials, EPA and the Federal Environmental

Executive (FEE) required under E.O. 13101, to identify additional

criteria to consider when selecting (product areas) products for

designation.

However, these product categories are not all inclusive and other

categories may be suggested through the comment process. Many of the

products under these categories in this first list are those known to

USDA or its partners because USDA has performed research, initiated

technology transfer, or provided commercialization assistance for these

products. USDA realizes there are many biobased industrial products

developed by the private sector with little or no Federal assistance.

These will also be considered for listing without bias. The biobased

industrial products list will be amended periodically to incorporate

additional products or categories based on public participation.

Following is a summary of USDA's selection criteria.

VI. Criteria for Proposing Biobased Products

USDA proposes to evaluate five primary concerns, which every

product must meet, when examining products for proposed listing.

Products proposed for listing must:

(1) Contain Biobased Materials

Products with a higher percentage of biobased content, are

considered better. Products must be manufactured with raw materials

that are domestically produced from agricultural production--farming,

ranching, forestry, aquaculture--or from materials derived during the

processing of these biobased products. Particular attention is paid to

those products produced from materials that are a significant component

of the waste stream.

(2) Readily Available

The products USDA selects for designation are available from

national, regional, or local sources. The relative availability of a

product influences the ability of a procuring agency to secure a

reasonable price and an adequate level of competition when procuring

it. USDA does not intend to designate experimental or developmental

products until it can be shown that they meet these evaluation

criteria, in particular, commercial availability. Several of the

technologies behind the products are new and supported by patents. Some

of these products have been developed through Cooperative Research and

Development Agreements (CRADAs) while other companies have licensed

USDA developed technologies. Given this knowledge, the committee felt

it would be in the Government's interest to purchase those products

developed with Federal research and commercialization dollars. Sole-

source products may be listed. Additionally, although competition is

desirable, all applicable patents shall be recognized. However it was

also felt that the promotion of these technologies would encourage

other companies to commit funds to enter the market thus leading to

greater competition.

(3) Reasonably Priced

It also is important for the product to be priced competitively. It

is highly desirable that there is adequate competition among suppliers

of the product.

(4) Performance

Products must meet commercial or Federal performance standards and

specifications.

If product and service providers make marketing claims regarding

the environmental attributes of their product or service, including

claims of environmental preferability, the claims should conform to the

Federal Trade Commission's (FTC's) Guides for the Use of Environmental

Marketing Claims (Green Guides), 16 CFR Part 260. A copy of the Green

Guides can be obtained through FTC's website: www.ftc.gov (select

``Consumer Protection'', then select ``Environment'', then select

``Guides''). As explained in the FTC Green Guides (16 CFR 260.5), any

party making a claim concerning a product's environmental attribute

``must, at the time the claim is made, possess and rely upon a

reasonable basis substantiating the claim. A reasonable basis consists

of competent and reliable evidence. In the context of environmental

marketing claims, such substantiation will often require competent and

reliable scientific evidence, defined as tests, analyses, research,

studies or other evidence based on the expertise of professionals in

the relevant area, conducted and evaluated in an objective manner by

persons qualified to do so, using procedures generally accepted in the

profession to yield accurate and reliable results.'' The Green Guides

(16 CFR 260.5) provide guidance on the use of environmentally

preferable claims, as well as other claims such as biodegradable,

recycled, recyclable, non-toxic, and ozone friendly.

The Green Guides state that either an unqualified or inadequately

qualified claim that a product is environmentally preferable implies to

consumers that a product is generally environmentally superior to

others. Such an overall superiority claim would be difficult to

substantiate. Accordingly, environmentally preferable claims should be

accompanied by language limiting the preferability claim to the

particular attributes that can be substantiated. In other words, the

claim should explain which specific product features or attributes

benefit the environment (for example, the product is non-toxic,

contains no VOCs, and comes in a recycled package). In addition, the

Green Guides state in 16 CFR 260.6, 260.7 that when environmental

seals-of-approval or other certifications are used, they should be

accompanied by information explaining the basis for the award.

(5) Meets EPA's EPP Guiding Principles

Products must meet the Environmentally Preferable Products (EPP)

Guiding Principles as published by the EPA. (See definitions section

III above for the definition of EPP. The EPP Guiding Principles are

listed below.)

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Guiding Principle 1: Environment + Price + Performance = EPP

Environmental considerations should become part of normal

purchasing practice, consistent with such traditional factors as

product safety, price, performance, and availability.

Guiding Principle 2: Pollution Prevention

Consideration of environmental preferability should begin early in

the acquisition process and be rooted in the ethic of pollution

prevention which strives to eliminate or reduce, up front, potential

risks to human health and the environment.

Guiding Principle 3: Life Cycle Perspective/Multiple Attributes

A product's or service's environmental preferability is a function

of multiple attributes from a life cycle perspective.

Guiding Principle 4: Magnitude of Impact

Determining environmental preferability might involve comparing

environmental impacts. In comparing environmental impacts, Federal

agencies should consider: the reversibility and geographic scale of the

environmental impacts, the degree of difference among competing

products or services, and the overriding importance of protecting human

health.

Guiding Principle 5: Environmental Performance Information

Comprehensive, accurate, and meaningful information about the

environmental performance of products or services is necessary in order

to determine environmental preferability.

Copies of EPA's final EPP guidance document can be obtained by

calling the Pollution Prevention Information Clearinghouse (PPIC) at

(202) 260-1023. The text included here is our understanding of the

guidance being finalized. We intend to use the final guidance published

by EPA in operation of the Biobased Products List. The proposed EPP

guidance was published for public comment at 60 FR 50722, September 29,

1995, and is available on the Internet at (http://www/epa.gov/docs/EPA-

TOX/1995/September/Day-29/pr-139.html). We will rely on manufacturers'

advertising claims as a self-certification of these five principles.

VII. Proposed Categories of Products for Consideration

A key component of the BPL program is USDA's list of designated

products and the accompanying biobased content recommendations. USDA is

proposing to designate products in the categories listed below. USDA

also will publish final or proposed biobased content recommendations

for each product. At this point, the proposed categories are listed for

informational and discussion purposes only. USDA is interested in

learning about category areas for potential future designation. There

is not a specific list of the information, which USDA requires before

considering a product, although the discussion above under ``Criteria

for Proposing Biobased Products'' should provide general guidance for

those wishing to submit products for listing.

More details about USDA's information needs and the agency's

decision-making process will be provided after public input is received

from this notice.

Category 1: Absorbents/Adsorbents

Within this category, the environmental preferability of the entire

product (e.g., absorbent/adsorbent and the casing or framework holding

or enclosing the absorbent/adsorbent) must be addressed by the buyer.

Product examples under consideration for listing include:

Vegetable starch

Cotton and cotton linters (cotton pads, oil absorbents)

Wool (low value wool is used to make adsorbent pads)

Kenaf (oil absorbent)

Agricultural wastes (such as corn stover, peanut hulls, and other crop

residues to absorb liquids and petroleum)

Category 2: Adhesives/Inks/Coatings

Within this category a number of adhesives have been developed

which utilize plant proteins, plant starches and plant oils. These

adhesives generally have low or no emissions (below EPA standards where

applicable) of hazardous air pollutants and volatile organic compounds

(VOC's). Examples of products using biobased adhesive under

consideration for listing include:

Plywood

Finger-jointed lumber

Engineered wood building components (laminated beams, trusses, etc.)

Decorative composites

Fiber board panels

Paper board

Plant oils are used to make inks. To be considered a plant-based

ink, the ink must contain a minimum of 20 percent by volume of plant

oil (Vegetable Ink Printing Act of 1994, Pub.L. 103-348). Examples

under consideration for listing include:

Soy ink

(In regards to this product, in its own agency print shops, the

Federal government buys ink. However, it also buys printing. The intent

of this designation is to have Federal procurement officials purchase

soy inks for in-house use and specify the ink for contracted printing.)

Also in the development stage at this time is a broader range of inks

such as silkscreen and flexography, toners for copiers and laser

printers, inkjet printer inks, textile inks and higher soy content UV

cured inks for a variety of purposes. When these products are

commercially available, they will be designated if appropriate. Plant

oils are also used in a number of paints and coatings. Examples under

consideration include:

Concrete sealants and waterproofing

Concrete stains

Wood sealers and waterproofing

Architectural coatings

Metal coatings

Form release agents

Corrosion inhibitors and polishes.

Category 3: Alternative Fuels and Fuel Additives

Within this category agricultural raw materials, derivatives, or

byproducts have been used to develop alternative fuels. Examples under

consideration for listing include:

Motor Fuels

Biodiesel (made from plant based oils or animal fats)

Ethanol (made from corn or other biomass)

Energy Fuels

Fuel pellets (Generally such products contain over 60 percent by

weight agricultural, forest, or other woody fiber, produce less than 20

percent ash after complete combustion, and contain less than 15 percent

moisture.)

Category 4: Construction materials/Composites

This category includes wood products and composites from woody and

agricultural materials, residues, and wastes. Within this category,

products must be derived from agricultural crop, forest materials, or

crop residue (includes woody materials). The woody materials can be

from activities such as thinning, or fuel reduction in plantation

stands, regenerated forest stands, or intensively cultured short

rotation woody stands, i.e. less than 10 years, or from wood residue,

or recovered wood products. Products produced from recovered

agricultural wastes (including waste paper) need not meet the short

rotation woody crop requirement during the manufacturing process.

Examples under consideration for listing include:

Wall systems made from compressed wheat straw or other plant fibers

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Fiber board made from wheat or other cereal straw, sugarcane bagasse,

or other plant fibers

Composites made from soybean meal or other plant proteins

Molded auto parts from vegetable fibers

Building or office furnishings (desks, tables, cabinets, etc.) made

from biobased composites

This category includes wood products and composites from woody and

agricultural materials which are bound with biobased resins. Examples

under consideration for listing include:

Plywood

Finger-jointed lumber

Engineered wood building components (laminated beams,trusses, etc.)

Decorative composites

The category may also include thermoset plastics and reinforced

plastic parts and plastic foam insulation materials made from vegetable

oil or protein-based resins. Examples under consideration include:

Rigid foam insulation

Door and window components

Molded reinforced plastic automotive and equipment parts

Category 5: Lubricants/Functional fluids

Within this category products include oils and greases. Products

are generally made from soybean, canola, rapeseed, corn or other plant

materials. Examples under consideration for listing include:

Vehicle lubricants (crankcase oils, transmission fluids, fifth wheel

grease, all purpose total loss lubricants)

Vehicle fluids (windshield washer fluid from ethanol)

Air-cooled engine lubricants (crankcase oils, greases)

Hydraulic fluids

Gearbox oils

Metal working fluids and cutting oils

Total loss lubricants: (including 2-cycle engine oils, rail and

flange lubricants, wire rope and cable lubricants, pump drip oils, bar

chain oils, lumber skid lubricants, asphalt release agents, concrete

form release oils, and penetrating oils).

Category 6: Renewable alternative fiber papers/Packaging

Within this category, products must have at least 30 percent

recovered content fiber (E.O. 13101), in addition to biobased content,

and the manufacturing process should use less (or zero) chlorine during

bleaching than traditional tree fiber produced papers. Crops must be of

short rotation (less than ten years) cropping system required. Examples

under consideration include papers which have as their raw materials

source:

Kenaf

Other short term fibers

Because they are mature markets, rag and linen papers are not

suggested for consideration.

Category 7: Solvents/Cleaners/Surfactants

Within this category examples of products under consideration for

listing include:

Citrus based cleaners

Soy-based cleaners and degreasers

Soy-based solvents

Soy-based paint strippers and graffiti removers

Soy-based adhesive removers

Pesticide adjuvants and surfactants

Dormant oil sprays for disease and insect control

Other plant oil based solvents and cleaners

Category 8: Plant based plastics /Degradable polymers/films

Within this category examples under consideration for listing

include:

Plant starch compostable cutlery

Polylactic acid (PLA) compostable cutlery

Paper plates coated with starch

Protein derivatives or PLA (compostable)

Plant protein used to make films and biodegradable bags

Loose fill packing peanuts from starch or other natural plant materials

Flexible polyurethane foams made with soybean oil based polyols (molded

cushions and pads for furniture, automotive seats, dashboards, etc.)

Resilient polyurethane components made with soybean oil based polyols

(molded cases and covers for appliances, telephones, computers, etc.)

Rigid insulating foams made from soy proteins (insulation for

refrigerators, freezers, coolers, appliances)

Category 9: Landscaping products

Within this category a number of landscape materials are produced

by composting green wastes. Some biobased materials, when used as

absorbents, can also bioremediate hydrocarbons. Examples under

consideration for listing include:

Potting soil

Soil amendments

Protein-based mulching films

Category 10: Biocontrol/Bioremediation Media

Within this category are products which contain microbes which

prevent plant diseases thus reducing or eliminating the need for

chemical pesticides. Bioremediation products may also be used to

simultaneously remove or separate toxic or hazardous substances from

soil or surface water while promoting the development of native microbe

populations to hasten biodegradation of residual amounts of hazardous

substances. Examples under consideration for listing include:

Biocontrol potting mix

Cotton linters

Oil spill clean-up materials

Category 11: New fibers/Filler/Yarn/Insulation

Within this category several new fibers, or fibers which were once

common in the U.S., are under development or redevelopment. Examples

under consideration for listing include:

Kenaf (used as absorbent, paper, and clothes)

Flax (clothes)

Ramie (clothes)

Low grade wool

Low grade cotton

Milkweed (yarn, pillow filler, oil)

Plant lignin as adhesives

Category 12: Enzymes/Intermediate Chemicals

Enzymes are sometimes referred to as biocatalysts. They can be used

to accelerate a broad range of chemical reactions, which occur in

everyday life and are used in production of a variety of materials.

Agriculturally-based enzymes and chemicals are found in such products

as pharmaceuticals, detergents, cleaning agents, cotton textile surface

treatments, personal care products, and microbial agents. The committee

had difficulty with this category. While we realize these are important

manufacturing processes and utilize agricultural raw materials, we felt

there was a need to directly link the use of an agricultural enzyme/

chemical to a commercial product which would be available for purchase

by Federal procurement officials, because that is the primary focus of

this notice. Thus, we have only mentioned broad product categories. We

seek public comment to decide what individual products should be listed

under this category. We also seek public comments as to whether or not

this should even be a category at all.

Category 13: Other

Cosmetics: Vegetable oils and small molecule plant starches are one

of the raw ingredients in a number of cosmetic applications.

Pharmaceuticals/nutraceuticals: Bioactive compounds and complexes

are being extracted from plant materials

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for prevention and treatment of diseases.

Products No Longer Under Consideration

No entries at this time.

Products That USDA Has Decided Not To Designate

The committee has made the determination to focus on commercial and

industrial products and to avoid mature products, be they product areas

or products themselves. The committee does not foresee a need to

designate products such as cotton fabrics or dimensional lumber

presently in the commercial marketplace. Composite lumber, which

utilizes low value woods or other fiber waste and is made using

environmentally friendly glues and processes, would be considered

however. Products must be produced from renewable and sustainable

resources. Our emphasis is on biobased organic products, not natural or

organic. Thus, mined products are generally not under consideration.

Petroleum-based products are generally not under consideration unless

the end product is distinguished by the incorporation of renewable

biobased materials.

VIII. Questions and Answers

What is the Biobased Products Coordination Council (BPCC)?

The BPCC was established by virtue of a Decision Memorandum signed

by the Secretary of Agriculture on September 13, 1995. The Council is

chaired by the USDA Under Secretary for Research, Education, and

Economics. The Council promotes commercial and industrial biobased

product research, development, and commercialization through

information sharing, implementation of strategic planning, and

provision of policy advice to the Secretary. Ten USDA agencies are

members of the Council and include: Forest Service, Agricultural

Research Service, Cooperative State Research, Education, and Extension

Service, Office of Energy Policy and New Uses, Alternative Agricultural

Research and Commercialization Corporation, Foreign Agricultural

Service, Natural Resources Conservation Service, Agricultural Marketing

Service, Rural Business-Cooperative Service, and the Office of the

Assistant Secretary for Administration.

Why Are Biobased Products Environmentally Preferable?

Because of their carbohydrate chemistry, biobased products are

believed, within USDA, to be generally preferable to those made from

hydrocarbons. However, not all biobased products are environmentally

preferable. For the purposes of E.O. 13101, USDA is listing only those

products which are considered by USDA to be within the U.S.

Environmental Protection Agency (EPA) Environmentally Preferable

Products Guidelines.

Should the Biobased Product List Contain Only Products That Are

Commercially Available, or Should Products Now in the Research Stage

Also Be Included? Is the Product Available Only in a Limited Geographic

Area?

The committee unanimously agreed that generally only those products

in commercial production and generally available nationally should be

included. However, geographic exceptions can be considered. For

instance, landscaping materials are usually produced and consumed

regionally since it is not economical to transport such materials over

long distances. Starch-based packing peanuts are another example. Both

these products should be used near the point of production. In some

instances, a company may be national in scope but have regional

operations to address transportation and other economic issues.

Should There Be a Minimum Percentage of Biobased Materials in the

Products Suggested for Listing?

Since the biobased products cover a wide range of industries, it

was felt no one percentage could be fairly applied across the board.

Instead, the committee agreed that each category of products could have

their own percentage requirements by weight or volume based on what the

committee could learn about that category. The committee does believe

that the products should contain the largest percentage of biobased raw

materials possible. Persons commenting on this notice are encouraged to

address the percentage issue.

What About One Biobased Product Replacing Another?

In its deliberations, the committee considered the possibility of

one biobased material displacing another biobased material as

feedstock, thereby resulting in no net reduction in materials

available. We also discussed whether the diversion of biobased

materials from one product to another could possibly create shortages

in feedstocks for one or both products; and the ability of

manufacturers to obtain biobased materials in sufficient quantity to

produce the product under consideration. The committee believes the

likelihood of these displacements happening is not great, and that it

is more important, at this juncture, to stimulate the production of

biobased products. If substitution occurs at some future date, USDA

will consider developing guidelines to deal with the situation.

Will Products Be Listed by Company Name?

One of the issues considered was whether or not to list products by

manufacturer name and address in the initial notice. The committee

believes it was prudent to first get full public comment on the

guidelines, categories, criteria and methodology (process) before

proceeding to list products by manufacturers. It is the intent of the

USDA to incorporate these public comments into a notice 60 days after

the publication of this request for comment. That notice will call for

the submission of information from companies which have products they

believe will fit the defined criteria. A document (BPAN) listing

products by company name, address, phone numbers, and sales contact

information will be produced in the future after all interested parties

have had a reasonable opportunity to submit their information for

listing. Those submissions will be evaluated by a team of technical

experts and published in a separate document and will also be available

on a web site to be created at a later date.

IX. Appendix

1. Biobased Products Coordination Council

Biobased products from agricultural and forestry resources provide

renewable raw materials for the processing and manufacturing of a broad

range of nonfood and nonfeed products, such as chemicals, fibers,

construction materials, and energy sources. Development and

commercialization of such products provide new and expanded markets,

accelerate successful market penetration, and diversify agriculture

while fostering rural and sustainable development.

The Biobased Products Coordination Council, established by the

Secretary of Agriculture, is chaired by the USDA Under Secretary for

Research, Education, and Economics. The Council promotes biobased

industrial product research, development, and commercialization through

information sharing, implementation of strategic planning, and

provision of policy advice to the Secretary. Currently ten USDA

agencies are members of the Council.

[[Page 44192]]

The activities of these agencies in the area of biobased industrial

products are described as follows:

Forest Service

The Forest Service (FS) has Federal responsibility for national

leadership in forestry and forestry-related issues. Through its

research arm, the FS develops and communicates scientific and

technological information to protect, manage, and use the Nation's 1.6

billion acres of forest and related rangeland.

The FS Resource Valuation and Use Research program and Cooperative

Forestry program develop and provide scientific and technological

information to support the harvesting, production, and use of wood

products in ways that are efficient, safe, and environmentally

beneficial. Specific areas of development include improved wooden

transportation systems; fiber-reinforced cement products; uses for

waste wood and plastics (ranging from very inexpensive, low-performance

composites to expensive, high-performance building materials); housing

components and systems made from recycled wood waste and wastepaper;

and novel enzymes used to treat virgin and recycled wood fibers in the

production of a variety of chemicals.

Agricultural Research Service

As the in-house research arm of USDA, the Agricultural Research

Service (ARS) develops new knowledge and technology needed to solve a

broad range of technical and agricultural problems of high national

priority. ARS aims to ensure adequate production of high-quality food

and agricultural products to meet the nutritional needs of the American

consumer, to sustain a viable food and agricultural economy, and to

maintain a quality environment and natural resource base.

Biobased industrial product research and development focuses on

areas such as chemicals and industrial products from crops, cattle, and

animal fats; starch-based biodegradable plastics; polysaccharide

encapsulating agents; and new products from soybean oil, which are

useful as additives to lubricants, fuels, and plastics, as surface

coatings; and as inks for the printing industry. Additional areas

include development of ion exchange resins based on agricultural

residues, cotton-based fabrics with versatile new and improved

properties, and fiber crops for specialized uses.

Cooperative State Research, Education, and Extension Service

The Cooperative State Research, Education, and Extension Service

(CSREES), USDA's principal link to academia, participates in a

nationwide agricultural research planning and coordination system that

includes State land-grant universities and the agricultural industry.

CSREES advances research and development in new uses for industrial

crops and products through its Agricultural Materials program, National

Research Initiative, Small Business Innovation Research program, and

other activities.

Areas of interest include paints and coatings from new crops such

as vernonia, euphorbia, and lesquerella; fuels and lubricants from

soybeans, crambe, rapeseed, and canola; fiber products from kenaf and

hesperaloe; natural rubber from guayule; and biobased polymers from

vegetable oils and starches.

Office of Energy Policy and New Uses

The Office of Energy Policy and New Uses provides leadership,

oversight, coordination, and evaluation for all USDA energy and energy-

related activities with the exception of those delegated to the USDA

Assistant Secretary for Administration. The Office analyzes existing

and proposed energy policies, strategies, and regulation concerning or

potentially affecting agriculture or rural America. It also evaluates

the feasibility of new uses for agricultural products.

In collaboration with the U.S. Department of Energy and the U.S.

Environmental Protection Agency, projects have focused on technologies

that convert plant cellulose and hemicellulose into ethanol and

electricity production using direct combustion or gasification

technologies.

Alternative Agricultural Research and Commercialization Corporation

Created by Congress as part of the Farm Bill in 1990, the

Alternative Agricultural Research and Commercialization Corporation

(AARC) is a USDA agency that makes equity investments to commercialize

industrial products from agricultural and forestry materials and animal

byproducts. This activity complements the work of USDA's research

agencies. AARC policy and program direction is provided by a nine-

person Board of Directors--eight of whom are non-Federal--representing

processing, financial, producer, and scientific interests.

Development and commercialization projects include vegetable oil

lubricants for engines and transmissions; building materials made from

wheat straw; cleaners and biodiesel fuel made from vegetable oil; a

lightweight, high-strength molded fiber panel made from waste wood and

kenaf; windshield washer solvent using ethanol made from corn; oil

spill absorbents made from natural fibers; and a nontoxic biodegradable

concrete release agent.

Foreign Agricultural Service

The Foreign Agricultural Service (FAS) maintains 75 overseas posts

with the overall goal of supporting U.S. exports of agricultural,

forest, and fish products. This is accomplished by reducing trade

barriers, collecting and disseminating global trade and market

information; and developing markets through the use of promotion, loan

guarantees, food aid, and economic development activities.

FAS works through private industry to identify overseas markets for

new products, promote exports of such products, and research and

develop new products. FAS supports these activities through the Market

Access Program, the Foreign Market Development Program, and scientific

exchanges sponsored by the International Cooperation and Development

program.

Natural Resources Conservation Service

The Natural Resources Conservation Service (NRCS) has national

responsibility for helping farmers, ranchers, and other private

landowners develop and implement voluntary efforts to conserve and

protect our Nation's natural resources. Key NRCS programs provide

technical assistance to land users and local government to sustain

agricultural productivity while protecting and enhancing the natural

resource base.

Activities emphasize reduction of soil erosion; improvements in

soil and water quantity and quality; wetland conservation and

improvement; enhancement of fish and wildlife habitat; improvements in

air quality; improvements in the conditions of pastures and rangelands;

reduction in upstream flooding; and improved woodlands.

Agricultural Marketing Service

The mission of the Agricultural Marketing Service (AMS) is to

facilitate the strategic marketing of agricultural products in domestic

and international markets while ensuring fair trading practices and

promoting a competitive, efficient marketing system. Working with other

government agencies, and the public, AMS establishes grades and

standards for a wide array of

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agricultural commodities and products and provides grading and classing

services to certify the quality or condition of products in marketing

channels.

AMS provides oversight of federally sanctioned marketing orders and

agreements and industry wide market research and promotion programs. In

addition, the agency administers certain pesticide reporting

requirements, compiles data concerning pesticide residues on certain

products, and conducts or administers research and technical assistance

programs to improve the efficiency of the marketing and transportation

system and to identify new or expanding market opportunities for U.S.

farmers and agribusiness.

Rural Business-Cooperative Service

The Rural Business-Cooperative Service promotes economic

development in rural communities by financing needed facilities,

assisting business development and rural cooperatives, and planning

national strategies for rural economic development.

Office of the Assistant Secretary for Administration

The USDA Assistant Secretary for Administration provides leadership

and oversight in acquisition, asset management, civil rights, internal

energy conservation, and recycling. As the USDA Energy Management

Executive and the Environmental Executive (dual assignment with the

Under Secretary for Research, Education and Economics), the Deputy

Assistant Secretary has responsibility for coordinating environmentally

preferable and energy-efficient initiatives and serves as an advocate

for coordination of these initiatives in USDA facilities and programs

across the country.

2. Other Resources

Agricultural Research, Extension, and Education Reform Act of 1998,

Sec. 404 (7 U.S.C. 7624), provides authority to increase and coordinate

biobased product activities in USDA.

Sustainable America, A New Consensus for Prosperity, Opportunity,

and a Healthy Environment for the Future, President's Council on

Sustainable Development, Washington, D.C., 186 pp., 1996. Contains a

national action strategy for sustainable development which includes

actions to: (1) Diversify the mix of agricultural goods produced to

enhance profitability and environmental quality; and (2) promote

ongoing efforts to achieve sustainable forest management.

Strategic Direction for Biobased Products Work in USDA Through the

Biobased Products Coordination Council (BPCC ), BPCC, Washington, DC,

16 pp, 1999. A plan to carry out programs to increase the domestic

research, development and commercialization of biobased industrial and

commercial products.

Executive Order 13101, Greening the Government Through Waste

Prevention, Recycling, and Federal Acquisition, 63 FR 49643,

Washington, D.C., September 16, 1998. Establishes guidelines and policy

for each executive agency to increase and expand markets for recovered

materials to create Federal Government preference and demands for such

products.

The National Research Council, Biobased Industrial Products,

National Academy Press, Washington D.C. (In Press). Provides an

analysis of the potential benefits of encouraging a transition to more

biobased industrial products through future public policies. Biological

sciences are likely to make the same impact on the formation of new

industries in the next century as the physical and chemical sciences

have had on industrial development throughout the century now coming to

a close. The biological sciences, when combined with recent and future

advances in process engineering, can become the foundation for

producing a wide variety of industrial products from renewable plant

resources. These ``biobased industrial products'' will include fuels,

chemicals, lubricants, plastics, and building materials. * * * The

long-term growth of biobased industrial products will depend on

development of cost-competitive technologies and access to diverse

markets.

1995 Federal Research and Development Program in Materials Science

and Technology, The Materials Technology Subcommittee of the National

Science and Technology Council, Gaithersburg, MD, 1995. This report

describes the materials R&D programs of nine Federal departments and

agencies to facilitate collaboration among the public and private

sector members of the broad materials R&D community.

Plant/Crop-Based Renewable Resources 2020 Program--A Vision to

Enhance U.S. Economic Security Through Renewable Plant/Crop-Based

Resource Use, Department of Energy, Washington, D.C., 1998. Develops a

program to provide continued economic growth, healthy standards of

living, and strong national security through the development of plant/

crop-based renewable resources as a viable alternative to diminishing

fossil feedstocks for biobased products.

Agenda 2020-A Technology Vision and Research Agenda for America's

Forest, Wood and Paper Industry, American Forest and Paper Association,

Washington, D.C., 1994. Develops a long-term strategy for

sustainability of forest products by increasingly leveraging the virgin

raw material with material recovery and recycling.

Vision for Agricultural Research and Development in the 21st

Century, National Agriculture Biotechnology Council, Ithaca, NY 1998.

Supports agricultural research and development to take the lead in

providing technology for a biobased economy in the 21st century.

Done at Washington, D.C., on this 10th day of August, 1999.

I. Miley Gonzalez,

Under Secretary, Research, Education and Extension.

[FR Doc. 99-21103 Filed 8-12-99; 8:45 am]

BILLING CODE 3410-01-P