98-22793. Comprehensive Guideline for Procurement of Products Containing Recovered Materials  

  • [Federal Register Volume 63, Number 165 (Wednesday, August 26, 1998)]
    [Proposed Rules]
    [Pages 45558-45578]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-22793]
    
    
    
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    Part II
    
    
    
    
    
    Environmental Protection Agency
    
    
    
    
    
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    40 CFR Part 247
    
    
    
    Comprehensive Guideline for Procurement of Products Containing 
    Recovered Materials; Proposed Rule
    
    Federal Register / Vol. 63, No. 165 / Wednesday, August 26, 1998 / 
    Proposed Rules
    
    [[Page 45558]]
    
    
    
    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 247
    
    [SWH-FRL-6151-8]
    RIN 2050-AE23
    
    
    Comprehensive Guideline for Procurement of Products Containing 
    Recovered Materials
    
    AGENCY: Environmental Protection Agency.
    
    ACTION: Proposed rule.
    
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    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                      
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               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
    
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        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
    
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    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
    
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    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.
    
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    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
    
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    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
    
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    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
    
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    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
    
    
    

Document Information

Published:
08/26/1998
Department:
Environmental Protection Agency
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
98-22793
Dates:
EPA will accept public comments on this proposed rule until October 26, 1998.
Pages:
45558-45578 (21 pages)
Docket Numbers:
SWH-FRL-6151-8
RINs:
2050-AE23: Revisions to the Comprehensive Guideline for Procurement of Products Containing Recovered Materials
RIN Links:
https://www.federalregister.gov/regulations/2050-AE23/revisions-to-the-comprehensive-guideline-for-procurement-of-products-containing-recovered-materials
PDF File:
98-22793.pdf
CFR: (9)
40 CFR 247.17(c)
40 CFR 247.16(d)
40 CFR 247.17(e)
40 CFR 247.12(j)
40 CFR 247.12
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