95-23325. Procedures for Submission of Recycled Content Products Information to EPA

[Federal Register Volume 60, Number 182 (Wednesday, September 20, 1995)]
[Notices]
[Pages 48714-48715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23325]



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ENVIRONMENTAL PROTECTION AGENCY
[EPA/OSW-FR-95-FRL-5298-8]


Procedures for Submission of Recycled Content Products 
Information to EPA

AGENCY: Environmental Protection Agency.

ACTION: Notice and request for information.

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SUMMARY: This notice explains the procedures for interested persons to 
(1) suggest items for EPA to consider for designation in the updates of 
the Comprehensive Guideline for Procurement of Products Containing 
Recovered Materials (CPG) and (2) provide information for EPA to use in 
developing or revising its recommendations for recovered materials 
content levels contained in the Recovered Materials Advisory Notices 
(RMANs) that accompany the CPG updates. Specifically, this notice 
describes the types of information EPA is interested in receiving as 
well as how to submit information to EPA concerning designation of 
items or recovered materials content levels. This information will be 
considered by the Agency when issuing revisions to the items designated 
in the CPG and recommendations in the RMANs.

DATES: EPA will accept the information described below from December 1, 
1995 through February 29, 1996.

ADDRESSES: Commenters must send an original and two copies of their 
written comments referencing docket number F-95-CPGN-FFFFF to: RCRA 
Information Center (RIC), Office of Solid Waste (5305W), U.S. 
Environmental Protection Agency Headquarters, 401 M Street, SW., 
Washington, DC 20460. Comments may also be submitted electronically 
through the Internet to: [e-mail]. Comments in 
electronic format should also be identified by the docket number F-95-
CPGN-FFFFF. All electronic comments must be submitted as an ASCII file 
avoiding the use of special characters and any form of encryption. All 
comments, including those submitted electronically, will be available 
for viewing in the RIC, located in Room M2616 at the address listed 
above. The RIC is open from 9 a.m. to 4 p.m., Monday through Friday, 
excluding federal holidays. To review docket materials, the public must 
make an appointment by calling [phone]. The public may copy a 
maximum of 100 pages from any regulatory docket at no charge. 
Additional copies cost $.15/page.

FOR FURTHER INFORMATION CONTACT: For general information, contact the 
RCRA Hotline at 1-800-424-9346 or TDD 1-800-553-7672 (hearing 
impaired). In the Washington metropolitan area, call 703-412-9610 or 
TDD 703-412-3323.
    For more detailed information on specific aspects of this Notice, 
contact Terry Grist, [phone], Office of Solid Waste (5306W), U.S. 
Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460.

SUPPLEMENTARY INFORMATION:

I. Background

    In Section 6002 of the Resource Conservation and Recovery Act 
(RCRA), Congress established a program to promote recycling by 
increasing purchases of products containing recovered materials. 
Section 6002 requires EPA to designate products that may be produced 
with recovered materials and to recommend practices for buying these 
products containing recovered materials. Once a product is designated, 
Federal, state and local agencies and their contractors that use 
appropriated Federal funds to purchase the items, must purchase them 
with the highest recovered materials content level practicable (see 59 
FR 18857, April 20, 1995).
    On October 20, 1993, President Clinton further addressed the need 
to develop markets for recovered materials in Executive Order 12873 (58 
FR 5491, October 22, 1993). The Executive Order directed EPA to 
designate procurement items in a Comprehensive Procurement Guideline 
(CPG) and to recommend content levels in Recovered Materials Advisory 
Notices (RMANs). EPA published the CPG and RMAN on May 1, 1995 (see 60 
FR 21370-21394). The CPG designates 19 items made from recovered 
materials that procuring agencies must purchase as well as includes the 
five items previously designated by EPA. The RMAN identifies the range 
of the recovered materials content levels within which each designated 
item is now available. The items are listed in seven product 
categories: Paper and Paper Products, Vehicular Products, Construction 
Products, Transportation Products, Park and Recreation Products, 
Landscaping Products, and Non-Paper Office Products. The CPG also 
contains an eighth category, Miscellaneous Products, for future 
designations that do not fall within the other categories.
    Executive Order 12873 also directed EPA to designate additional 
items annually and to update the recommended recovered material content 
ranges periodically. To aid in this process, in the proposed CPG the 
Agency solicited public comments on procedures that would allow the 
public to (1) Suggest items for designation in future updates of the 
CPG and (2) provide information on products made from recovered 
materials (see 59 FR 18861, April 20, 1994). EPA asked for, but did not 
receive, comments on these procedures. EPA believes that the 
solicitation of public input will broaden the information that the 
Agency can consider in designating items and recommending recovered 
materials content levels for designated items. This notice explains 
these procedures.

II. Procedures for Providing Recycled Content Product Information to 
EPA

    Once a year, EPA plans to issue a Federal Register notice asking 
for information on products containing recovered materials. The 
timeframe specified in each notice will be chosen to allow the Agency 
sufficient time to review the information for consideration in the 
ensuing update to the CPG and RMAN. Throughout the period designated in 
the Notice, interested parties will be able to suggest items containing 
recovered materials for EPA to designate, recommend recovered materials 
content levels, and suggest revisions to EPA's recommendations for 
purchasing existing designated items containing recovered materials. 
Respondents may rely on existing information including brochures, sales 
manuals and specifications, as long as this information addresses the 
types of information listed in section III below. 

[[Page 48715]]

    EPA will consider the submitted information we receive for future 
updates or revisions to the CPG and recommended materials content 
levels. Submission of information and/or requests for consideration for 
a new item designation or recommended content levels does not guarantee 
that EPA will designate that item or revise a recommended materials 
content level.

III. Today's Request for Information

    Today, EPA is announcing that it will accept information from 
December 1, 1995 through February 29, 1996 about products containing 
recovered materials. EPA invites respondents to provide information on 
products in all product categories, with one exception. The exception 
is products addressed by EPA's previous designation of ``paper and 
paper products.'' On March 15, 1995, EPA issued a draft Paper Products 
Recovered Materials Advisory Notice (60 FR 14182), which contained 
draft updates to EPA's 1988 recommendations for the recovered materials 
content of paper and paper products. Today's notice does not re-open 
the comment period on the Paper Products RMAN. Rather, EPA will accept 
information only on paper products that fall outside the scope of the 
draft Paper Products RMAN.
    Respondents should submit information as described above under 
ADDRESSES. The Agency will provide written confirmation of receipt of 
submitted materials.
    EPA requests that respondents provide information regarding the 
seven areas listed below.
    (1) Barriers to Purchasing Products Containing Recovered Materials:

--What government specifications, standards, purchasing policies, or 
purchasing procedures preclude government agencies from purchasing the 
item containing recovered materials?

    (2) Use of Materials in Solid Waste:

--Is the item made using a material that represents a significant 
portion of the solid waste stream or presents a solid waste disposal 
problem?

    (3) Economic and Technological Feasibility and Performance:

--Does the item perform as well as necessary to meet a procuring 
agency's needs?
--Are there government, ASTM or other consensus standards or 
specifications that would enable a procuring agency to buy the item 
containing recovered materials?
--Is the item available at a reasonable price considering normal market 
fluctuations?

    (4) Impact of Government Procurement:

--Is the item purchased in appreciable quantities by the Federal 
government or by state and local governments?

    (5) Availability and Competition:

--Is the item available from an adequate number of sources to ensure 
competition?
--Is the item generally available, rather than available in a limited 
market area?

    (6) Recovered Materials Content Levels:

--What levels of recovered materials content are used in the product?
--Is the recovered materials content postconsumer material? What 
percentage is postconsumer?

    (7) Source of information:

--What is the source of the information provided (e.g., industry 
studies, technical journals)? Where can purchasing agencies purchase 
the item? Provide the vendor's company name, address, contact name and 
phone number.

    The first area, barriers to procurement of products containing 
recovered materials, derives from the underlying objective of RCRA 
section 6002 which is to use the Federal government's purchasing power 
to develop markets for materials diverted or recovered from solid 
waste. It is EPA's intention that, by issuing procurement guidelines, 
we will help remove barriers to increasing the procurement of products 
containing recovered materials.
    The next four areas of information relate to the key criteria that 
RCRA section 6002 requires EPA to consider. The sixth area will be used 
by EPA in recommending recovered materials content levels or other 
relevant information to assist procuring agencies in purchasing new or 
existing designated items. The final area of information will be used 
by EPA to obtain additional information, if needed, and to prepare 
lists of vendors of designated items for use by procuring agencies.
    To reduce the volume of information to be reviewed and stored, EPA 
requests that respondents not submit the following types of 
information: video tapes, item samples, and material samples. Also, 
respondents should not submit confidential business information because 
the Agency considers the information supporting its guideline program 
to be public information. Respondents do not need to resend information 
to EPA if that information was submitted to the Municipal and 
Industrial Solid Waste Division of EPA within the last two years.

    Dated: September 11, 1995.
Elizabeth A. Cotsworth,
Acting Director, Office of Solid Waste.
[FR Doc. 95-23325 Filed 9-19-95; 8:45 am]
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