![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}
Comprehensive Guideline for Procurement of Products Containing Recovered Materials
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: August 28, 2001 (Volume 66, Number 167)]
[Proposed Rules]
[Page 45256-45274]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28au01-31]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 247
[SWH-FRL-7043-9]
RIN 2050-AE23
Comprehensive Guideline for Procurement of Products Containing
Recovered Materials
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA or the Agency) is
proposing an amendment to the May 1, 1995, Comprehensive Procurement
[[Page 45257]]
Guideline (CPG). EPA is proposing to designate the following 11 new
items that are or can be made with recovered materials: Bike racks;
blasting grit; cement and concrete containing cenospheres; cement and
concrete containing silica fume; modular threshold ramps; nonpressure
pipe; nylon carpet and nylon carpet backing; office furniture; rebuilt
vehicular parts; roofing materials; and tires. Today's document also
proposes to revise EPA's previous designations for polyester carpet and
railroad grade crossing surfaces.
The CPG implements the Resource Conservation and Recovery Act
(RCRA) and Executive Order 13101, which require EPA to designate items
that are or can be made with recovered materials and to recommend
practices that procuring agencies can use to procure designated items.
Once EPA designates an item, any procuring agency that uses
appropriated federal funds to procure that item must purchase the item
containing the highest percentage of recovered materials practicable.
Today's proposed action will use government purchasing power to
stimulate the use of these materials in the manufacture of new
products, thereby fostering markets for materials recovered from solid
waste.
DATES: EPA will accept public comments on this proposed rule until
October 29, 2001.
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, Ariel Rios Building, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460. Please place the docket number F-
2001-CP4P-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, Ariel Rios Building, 1200 Pennsylvania Avenue, NW., 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 Call Center 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:
Bike racks, blasting grit, cement and concrete containing cenospheres,
cement and concrete containing silica fume, modular threshold ramps,
nonpressure pipe, nylon carpet and nylon carpet backing, office
furniture, rebuilt vehicular parts, roofing materials, and tires. For
purposes of RCRA section 6002, procuring agencies include the
following: (1) Any federal agency; (2) any state or local agencies
using appropriated federal funds for a procurement; or (3) any
contractors with these agencies (with respect to work performed under
the contract). The requirements of section 6002 apply to such procuring
agencies only when procuring designated items where the price of the
item exceeds $10,000 or the quantity of the item purchased in the
previous year exceeded $10,000. Potential regulated entities for this
rule are shown in Table 1.
Table 1.--Entities Potentially Subject to Section 6002 Requirements
Triggered by CPG Amendments
------------------------------------------------------------------------
Category Examples of regulated entities
------------------------------------------------------------------------
Federal Government..................... Federal departments or agencies
that procure $10,000 or more
worth of a designated item in
a given year.
State Government....................... A state agency that uses
appropriated federal funds to
procure $10,000 or more worth
of a designated item in a
given year.
Local Government....................... A local agency that uses
appropriated federal funds to
procure $10,000 or more worth
of a designated item in a
given year.
Contractor............................. A contractor working on a
project funded by appropriated
federal funds that purchases
$10,000 or more worth of a
designated item in a given
year.
------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by this
action. This table lists the types of entities of which EPA is now
aware that could potentially be subject to regulatory requirements
triggered by this action. To determine whether your procurement
practices are affected by this action, you should carefully examine the
applicability criteria in 40 CFR 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. What is the statutory authority for this proposed amendment?
II. What is the background for this action?
A. What criteria does EPA use for selecting items for
designation?
B. How can I comment on EPA's proposed rule?
C. Where can I find additional information on this proposed
rule?
III. What are the definitions of terms used in today's proposed
rule?
IV. Vehicular Products
A. Rebuilt Vehicular Parts 3
1. Background
2. Rationale for Designation
B. Tires
1. Background
2. Rationale for Designation
V. Construction Products
A. Cement and Concrete Containing Cenospheres
1. Background
2. Rationale for Designation
B. Cement and Concrete Containing Silica Fume from Silicon and
Ferrosilicon Metal Production
1. Background
2. Rationale for Designation
C. Modular Threshold Ramps
1. Background
2. Rationale for Designation
D. Nonpressure Pipe
[[Page 45258]]
1. Background
2. Rationale for Designation
E. Nylon Carpet and Nylon Carpet Backing
1. Background
2. Rationale for Designation
F. Roofing Materials
1. Background
2. Rationale for Designation
G. Polyester Carpet (Revision)
1. Background
2. Revised Designation
H. Railroad Grade Crossing Surfaces (Revision)
1. Background
2. Revised Designation
VI. Nonpaper Office Products
A. Office Furniture
1. Background
2. Rationale for Designation
VII. Miscellaneous Products
A. Bike Racks
1. Background
2. Rationale for Designation
B. Blasting Grit
1. Background
2. Rationale for Designation
VIII. Where can agencies get information on the availability of EPA-
designated items?
IX. Administrative Assessments
A. Executive Order 12866: Regulatory Planning and Review
1. Summary of Costs
2. Product Cost
3. Summary of Benefits
B. Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5
U.S.C. 601 et seq.
C. Unfunded Mandates Reform Act of 1995 and Consultation with
State, Local, and Tribal Governments
D. Executive Order 13132: Federalism
E. Executive Order 13175: Consultation and Coordination with
Indian Tribal Governments
F. Executive Order 13045: Protection of Children from
Environmental Risks and Safety Risks
G. National Technology Transfer and Advancement Act of 1995
H. Executive Order 13211: Energy Effects
X. Supporting Information and Accessing Internet
I. What Is the Statutory Authority for This Proposed Amendment?
EPA (``the Agency'') is proposing this amendment to the
Comprehensive Procurement Guideline 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; 42 U.S.C. 6912(a) and
6962; in compliance with section 502 of Executive Order 13101
(Executive Order), ``Greening the Government Through Waste Prevention,
Recycling, and Federal Acquisition'' (63 FR 49643, September 14, 1998).
II. What Is the Background for This Action?
Section 6002(e) of RCRA requires EPA to designate items that are or
can be made with recovered materials and to recommend practices to help
procuring agencies meet their obligations for procuring items
designated under RCRA section 6002. After EPA designates an item, RCRA
requires that each procuring agency, when purchasing a designated item,
must purchase that item made of the highest percentage of recovered
materials practicable.
Executive Order 13101 establishes the procedure EPA must follow
when 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 recommended procurement
practices for purchasing designated items, including recovered material
content ranges, in a related Recovered Materials Advisory Notice
(RMAN). The Executive Order also directs EPA to update the CPG every 2
years and to issue RMANs periodically to reflect changing market
conditions.
The original CPG (CPG I) was published on May 1, 1995 (60 FR
21370). It established eight product categories, designated 19 new
items, and consolidated five earlier item designations. At the same
time, EPA published the first RMAN (RMAN I) (60 FR 21386). On November
13, 1997, EPA published CPG II (62 FR 60962), which designated an
additional 12 items. At the same time, EPA published an RMAN II (62 FR
60975). Paper Products RMANs were issued on May 29, 1996 (61 FR 26985)
and June 8, 1998 (63 FR 31214). On January 19, 2000, EPA published CPG
III (65 FR 3070), which designated an additional 18 items. At the same
time, EPA published an RMAN III (65 FR 3082).
Today, in CPG IV, EPA is proposing to designate the following 11
additional items:
Vehicular Products
Rebuilt vehicular parts
Tires
Construction Products
Cement and concrete containing cenospheres
Cement and concrete containing silica fume
Modular threshold ramps
Nonpressure pipe
Nylon carpet and nylon carpet backing
Roofing materials
Non-Paper Office Products
Office furniture
Miscellaneous Products
Bike racks
Blasting grit
Also today in CPG IV, EPA is proposing to revise the previous
designations for polyester carpet and railroad grade crossing surfaces.
A. What Criteria Does EPA Use 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 EPA
should also factor the limitations set forth in RCRA section 6002(c)
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
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 IV. Thus, the Agency developed the following
criteria for use in selecting 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
[[Page 45259]]
Document for Proposed CPG IV and Draft RMAN IV.'' 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 has learned 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, 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 EPA's criteria. Details of these evaluations are
discussed in the ``Background Document for Proposed CPG IV and RMAN IV.
Sections IV-VII of this preamble provide a summary of EPA's rationale
for designating these items.
EPA acknowledges that there are other federal procurement programs
that encourage agencies to consider other environmental attributes in
addition to recovered materials content. In particular, EPA's
Environmentally Preferable Purchasing (EPP) Program supports the
consideration of life cycle costs and benefits when making purchasing
decisions to determine which products and services would have the most
significant environmental impacts. Therefore, EPA encourages agencies
to consider other environmental impacts of products, as appropriate,
when procuring items designated in the CPG. When purchasing carpets,
for example, agencies might want to take into account the volatile
organic compounds (VOC) content of the carpet, because a lower VOC
content can help improve indoor air quality, which is especially
important for sensitive individuals. In addition, the use of some
sealants and adhesives used for carpet installations may further
contribute to increased VOCs. Similarly, some fiberboard products used
in office furniture may contain urea-formaldehyde as a binding agent.
Formaldehyde is classified by EPA as a possible human carcinogen.
Alternative binders may be available for use during the manufacturing
process. EPA is not suggesting that the use of these, or any other
materials in products, presents an undue risk. We are merely suggesting
that, all other things being equal, agencies may wish to procure the
designated item that provides the best overall environmental
performance while still meeting all applicable specifications and
performance requirements.
For additional information on other environmental purchasing
initiatives, agencies are encouraged to visit the following Web sites:
www.epa.gov/oppt/epp, www.epa.gov/energystar, www.eren.doe.gov/femp.
B. How Can I Comment on EPA's Proposed Rule?
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 VII.
EPA also is requesting comments on the draft RMAN IV 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 is proposing to designate today.
C. Where Can I Find Additional Information on This Proposed Rule?
For additional background information, including information on
RCRA requirements, Executive Order directives, and the criteria and
methodology for selecting the proposed designated items, please consult
``Background Document for Proposed CPG IV and Draft RMAN IV.''
Information on obtaining this background document is provided in
Section X, Supporting Information and Accessing Internet.
III. What Are the Definitions of Terms EPA Used in Today's Proposed
Rule?
Today, in Sec. 247.3, EPA is proposing to add terms and definitions
for the following new items: Bike racks; blasting grit; cement and
concrete containing cenospheres; cement and concrete containing silica
fume; modular threshold ramps; nonpressure pipe; nylon carpet and nylon
carpet backing; office furniture; rebuilt vehicular parts; and roofing
materials. In addition, EPA is also including a definition for
polyester carpet because it inadvertently failed to do so in CPG I.
These definitions are based on industry definitions, including ASTM or
other standard specifications, or represent
[[Page 45260]]
descriptions of the scope of items being designated. EPA specifically
requests comments on each of these definitions.
For several items being proposed for designation, EPA recommends
two-part recovered materials content levels in the draft RMAN IV--a
postconsumer recovered content component and a total recovered
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. Vehicular Products
A. Rebuilt Vehicular Parts
The information obtained by EPA demonstrates that rebuilt vehicular
parts are commercially available. Today, in Sec. 247.11(d), EPA
proposes to designate rebuilt vehicular parts as an item whose
procurement will carry out the objectives of section 6002 of RCRA.
A final designation would require that a procuring agency, when
purchasing vehicular parts, purchase rebuilt parts when they meet
applicable specifications and performance requirements. This
designation would apply to rebuilt vehicular parts used in passenger
vehicles as well as medium- and heavy-duty equipment (e.g., trucks,
cranes, off-road vehicles, military vehicles).
1. Background
Rebuilt vehicular parts are vehicle parts that have been
remanufactured, reusing parts in their original form. For an automotive
product to be considered remanufactured or rebuilt under the Federal
Trade Commission (FTC) guides, it must be dismantled; all internal and
external parts must be cleaned and made free of rust and corrosion; all
impaired, defective, or substantially worn parts must be restored to
sound condition or replaced with new or rebuilt parts; and all
necessary operations must be performed to put the remanufactured
product in sound working condition. (``Guides for the Rebuilt,
Reconditioned and Other Used Automotive Parts Industry,'' Federal Trade
Commission, 16 CFR Part 20).
2. Rationale for Designation
EPA has concluded that rebuilt vehicular parts meet the statutory
criteria for selecting items for designation.
a. Use of materials in solid waste. EPA identified five
remanufacturers of parts that use between 60 and 95 percent
postconsumer materials (i.e., viable components from the used part).
One company remanufactures clutches for farm tractors and passenger
automobiles with 80 to 85 percent postconsumer materials. Another
company rewinds stators and rotors for alternators, and armatures for
starters and generators using 60 and 80 percent postconsumer material,
respectively. Another company that rebuilds alternators, starters, and
generators for cars and trucks uses 80 to 85 percent postconsumer
materials. One company remanufactures power and air brakes for
passenger, medium-duty, and heavy-duty tractor trailer trucks with 90
to 95 percent postconsumer materials. Still another company
remanufactures rack and pinion steering and constant velocity axle
units with 85 to 90 percent postconsumer materials. In addition, all
automobile manufacturers supply rebuilt parts to their dealerships.
b. Technically proven uses. According to the Automotive Parts
Rebuilders Association (APRA), rebuilt parts have been routinely used
by the general public for more than 50 years. In fact, when a vehicle
manufacturer exhausts its supply of new parts for a vehicle, used parts
are rebuilt by the original manufacturer itself.
Rebuilt parts are not just cleaned, visually inspected, and resold
with little to no repair work done. These parts undergo an extensive
remanufacturing and testing process. Rebuilt parts must meet the same
industry specifications for performance as new parts. According to
APRA, rebuilt parts are comparable in quality to new parts and can be
of even better quality than new parts when items are upgraded during
the rebuilding process.
c. Impact of government procurement. Vehicles are kept for about 3
to 6 years by most government agencies. Some agencies, however, say
that vehicles are not usually kept long enough to need many replacement
parts. According to APRA, heavy-duty equipment is generally kept longer
and is usually almost totally rebuilt.
EPA found that the majority of replacement vehicular parts
purchased by the Forest Service are rebuilt parts (for all types of
vehicles). Engines for medium- and heavy-duty equipment are always
rebuilt. The U.S. Air Force has a written policy stating its preference
for rebuilt parts, and the majority of parts for all of their vehicle
types are rebuilt.
Many federal agencies use local commercial facilities for
maintenance and repair of government-owned or leased vehicles. Many of
these agencies simply request the least expensive parts, which usually
are rebuilt parts.
During 1999, bills were introduced in California, New York,
Connecticut, Missouri, and Texas that would make procurement of
remanufactured products by those state governments easier and prevent
procurement by them of products that have restrictions on being
remanufactured. Bills were ultimately passed and made law in
California, Connecticut, and Texas.
B. Tires
The information obtained by EPA demonstrates that tires containing
recovered materials are commercially available. Retread tires were one
of five original items EPA designated in the late 1980's. EPA included
these earlier designations with new designations in CPG I (60 FR
21370). Sec. 403(b) of EO 13149, ``Greening the Government through
Federal Fleet and Transportation Efficiency,'' encourages agencies to
purchase tires containing 5 to 10 percent recovered rubber.
Today, in Sec. 247.11(b), EPA proposes to revise the designation
for tires to include tires containing recovered materials as an item
whose procurement will carry out the objectives of section 6002 of
RCRA. A final designation would require that a procuring agency, when
purchasing tires, either procure retread tires and retreading services
or purchase tires containing recovered rubber when they meet applicable
specifications and performance requirements. The previous designation
for retread tires and services is not changed by today's proposal; the
Agency is merely reformatting the designation to differentiate between
retread tires and services and tires containing recovered materials.
[[Page 45261]]
1. Background
Tires are used on almost all types of vehicles, are available in
different sizes, and are designed for specific applications. An average
passenger tire weighing about 20 pounds would consist of 10 pounds of
elastomers, which are a combination of both synthetic and natural
rubber; 5 pounds of carbon black; 3 pounds of fibers such as steel and
nylon; and 2 pounds of 40 different kinds of chemicals, waxes, oils,
pigments, and binding agents.
2. Rationale for Designation
EPA has concluded that tires containing recovered materials meet
the statutory criteria for selecting items for designation.
a. Use of materials in solid waste. EPA identified at least five
manufacturers that incorporate some percentage of crumb rubber into
some of their tire lines. The percentages ranged from .5 to 6 percent.
At least one manufacturer is looking into incorporating up to 10
percent recovered material into one of its lines of tires.
Ground or ``crumb rubber'' is the primary material used in
recovered material content tires. Crumb rubber is derived from scrap
tires that have been shredded into fine pieces of rubber. According to
one crumb rubber manufacturer, U.S. tire manufacturers use
approximately 110,000 tons of crumb rubber each year. The company
speculated that if U.S. tire manufacturers were to use 10 percent
recovered materials content in their tires, demand for crumb rubber
would increase to 356,400 tons per year.
In 1998, 273 million scrap tires were generated in the United
States. Of these, between 12 to 14 million were used to manufacture
crumb rubber for use in tires and other products. One crumb rubber
manufacturer speculates that if the current annual U.S. crumb rubber
consumption rate of 110,000 tons remains consistent, there is no
foreseeable shortage of raw materials to produce this product.
b. Technically proven uses. Some tire manufacturers expressed
concern that the use of recovered rubber could have an adverse affect
on tire performance and durability, especially in high-performance
tires. Many companies, however, are successfully incorporating some
percentage of recovered rubber into their tires without sacrificing
performance or durability.
c. Impact of government procurement. Vehicular tires are purchased
by all levels of government. The U.S. General Services Administration
(GSA) currently has 161,000 vehicles that it leases to different
government agencies. Most repair work, including tire replacements, are
procured on the open market or through a list of 50,000 vendors on
contract to GSA. According to the Office of the Federal Environmental
Executive, in fiscal year 1997 federal agencies spent $84,050,300 on
tires. Assuming an average unit cost of $80 per tire, EPA estimates
that federal agencies purchased more than 1,000,000 tires during fiscal
year 1997.
V. Construction Products
A. Cement and Concrete Containing Cenospheres
The information obtained by EPA demonstrates that cement and
concrete containing cenospheres are commercially available. EPA
previously designated cement and concrete containing fly ash and ground
granulated blast furnace slag (GGBF) in CPG I. Today, in
Sec. 247.12(c), EPA proposes to revise the cement and concrete
designation to include cement and concrete containing cenospheres as an
item whose procurement will carry out the objectives of section 6002 of
RCRA.
1. Background
Cenospheres are very small (10-350 microns), inert, lightweight,
hollow, ``glass'' spheres composed of silica and alumina and filled
with air or other gases. They are a naturally-occurring component of
fly ash, the largest byproduct of coal-fired power plants. Cenospheres
are recovered and marketed throughout the world as an aggregate (or
``filler'') material in a wide variety of products. Unlike some
aggregates that compete with cenospheres for certain applications,
cenospheres are not manufactured; they are recovered only from fly ash.
Concrete containing cenospheres is a high performance concrete used
in many construction applications including, but not limited to,
specialty cements, mortars, grouts, and stucco. It can be used in
construction of roads, bridges, buildings, docks, and dams.
2. Rationale for Designation
EPA has concluded that cement and concrete containing cenospheres
meets the statutory criteria for selecting items for designation.
a. Use of materials in solid waste. The percentage of cenospheres
used in concrete varies depending on the application and desired
performance characteristics of the concrete, but according to sources
in the industry, the typical content of cenospheres in concrete ranges
from 10 percent to 15 percent by weight. Concrete containing
cenospheres also often contains fly ash and vice versa, which further
increases the recovered materials content percentage of the concrete.
According to data provided by the American Coal Ash Association
(ACAA), between 630,000 and 3,150,000 tons of cenospheres were
generated in 1998 by metal producers in the United States and 25,000 to
45,000 tons were reclaimed. The total amount of cenospheres reused will
be higher because of the cenospheres content of fly ash, which is used
as an additive in concrete as well. Cenospheres that are not reused are
landfilled with the fly ash from which they are derived. According to
ACAA, cenospheres are an inert material that does not leach hazardous
pollutants in landfills or during storage. It is estimated that 70 to
80 percent of all cenospheres produced are landfilled.
Assuming a conservative cenosphere production rate of 1 million
tons per year, the calculated volume of solid waste this represents is
83 million cubic feet of solid waste based on an average bulk density
of 24 pounds per cubic foot. Based on the average U.S. reclamation
volume of 35,000 tons annually, this represents a volume reduction of
approximately 2.9 million cubic feet per year.
b. Technically proven uses. Cenospheres can be added to traditional
concrete mixtures to increase strength and decrease shrinkage and
weight. According to a cenosphere supplier, concrete containing
cenospheres has increased thermal stability and better overall
endurance as compared to traditional concrete. Cenospheres are used as
fillers or extenders in place of traditional fillers such as
manufactured glass spheres, calcium carbonate, clays, talc, and other
various silicas. Cenospheres can be used in concrete in conjunction
with other recovered materials such as fly ash and silica fume, or by
itself. Cenospheres are 75 percent lighter than other minerals
currently used as fillers and 30 percent lighter than most resins.
EPA identified the following national specification which can be
used by procuring agencies to buy concrete containing cenospheres of a
standard quality: ASTM C-618, which covers concrete additives.
c. Impact of government procurement. Many government agencies at
the federal, state, and local levels purchase cement and concrete for
construction-related projects. One vendor indicated that the Tennessee
Department of Transportation has used cement containing cenospheres for
vertical
[[Page 45262]]
overhead patching. This same contact indicated that most procuring
agencies would not be aware that cement with cenospheres was being
utilized for a particular project because the product is not typically
advertised as such. According to one large cenosphere supplier,
cenospheres are available throughout the United States and are
available worldwide. They have been used in Europe in numerous
applications for several decades. In fact, one contact indicated that
some suppliers are importing cenospheres from Australia for sale in the
United States because Australia's recovery infrastructure is more
mature. EPA identified seven domestic suppliers of cenospheres, four of
which are major suppliers of this item.
B. Cement and Concrete Containing Silica Fume From Silicon and
Ferrosilicon Metal Production
The information obtained by EPA demonstrates that cement and
concrete containing silica fume are commercially available. EPA
previously designated cement and concrete containing fly ash and ground
granulated blast furnace slag (GGBF) in CPG I. Today, in
Sec. 247.12(c), EPA proposes to revise the cement and concrete
designation to include cement and concrete containing silica fume from
silicon and ferrosilicon metal production as an item whose procurement
will carry out the objectives of section 6002 of RCRA.
1. Background
Silica fume is a waste material recovered from alloyed metal
production--it is the solid waste collected on filters of electric arc
furnace stacks. According to the Silica Fume Coalition (SFC), silica
fume is a very fine, dust-like material composed primarily of silicon
dioxide, the basic component of most rocks and sand. The glassy,
spherical particles, approximately 1 micrometer in diameter, are a
byproduct resulting from the reduction of high-purity quartz with coal
or coke and wood chips in an electric arc furnace (EAF) during the
production of silicon metal or ferrosilicon alloys. For comparison
purposes, a grain of sand is about 1,000 times larger than a silica
fume particle. Although silica content and particle size of fumes will
vary according to the source of the fume, the use of silica fume in
concrete has been standardized in specifications published by the
American Society for Testing Materials (ASTM), the American Concrete
Institute (ACI), the American Association of State Highway and
Transportation Officials (AASHTO), and several state departments of
transportation (DOTs). Hydrogen gas is released from concrete mixtures
containing silica fume with a silicon metal production greater than 2
percent, which can result in a potential hazard. ASTM standards require
that silica fume used in concrete be derived from only silicon or
ferrosilicon metal production, which yields silica fume having a
silicon metal content less than 2 percent, thus eliminating these
hazards. Based on this information, EPA has concluded that any
designation should be limited to silica fume from silicon and
ferrosilicon metal production.
Concrete containing silica fume is a high-performance concrete
(HPC) used in construction and maintenance projects including, but not
limited to, roads, bridges, buildings, docks, and dams. As defined by
ACI, HPC is concrete that meets special requirements not achievable
through the use of conventional materials and construction practices.
Concrete containing silica fume is sold premixed in bags, similar to
concrete with other additives.
2. Rationale for Designation
EPA has concluded that cement and concrete containing silica fume
meets the statutory criteria for selecting items for designation.
a. Use of materials in solid waste. The percentage of silica fume
used in HPC varies depending on the application and desired performance
characteristics of the concrete, but according to numerous sources in
the concrete industry, the typical content of silica fume in concrete
ranges from 5 percent to 20 percent on a dry weight basis. HPC
containing silica fume also often contains fly ash, which further
increases the recovered materials content percentage of the concrete.
According to SFC, approximately 115,000 tons of silica fume were
generated in 1999 by metal producers in the United States and
approximately 67,200 tons were reused. SFC estimates, however, that due
to increased generation of silica fume, reuse will need to increase 93
percent by the year 2000 to eliminate the need to dispose of silica
fume. Other than its use in concrete, no other beneficial uses of
silica fume are known. Silica fume that is not reused is either
landfilled or stored for future reuse. Silica fume is an inert material
and does not leach hazardous pollutants in landfills or during storage.
According to SFC, the United States uses more than 500 million tons
of concrete a year, which is more than 2 tons for every person in the
United States. Using silica fume in only a small percentage of concrete
production could greatly reduce the need to dispose of silica fume.
b. Technically proven uses. Silica fume can be added to traditional
concrete mixtures, which are composed of cement, aggregate, and water.
It increases strength, microstructure density, and electrical
resistivity; decreases fluid permeability; and improves the overall
endurance of the concrete. As a concrete additive, it is used to
replace some of the cement added to concrete. Silica fume is not a
cementitious agent. It is categorized as an admixture, an aggregate, a
filler, a pozzolanic additive, and other synonymous terms in
specifications for its use in concrete. Silica fume can also be used in
concrete in conjunction with other recovered materials, including fly
ash and GGBF slag.
EPA identified the following national specifications and
guidelines, which can be used by procuring agencies to buy HPC
containing silica fume of a standard quality: ASTM C1240, AASHTO M840,
and ACI 234R-96. ACI 234R-96 describes the properties of silica fume;
how silica fume interacts with cement; the effects of silica fume on
the properties of fresh and cured concrete; typical applications of
silica fume concrete; recommendations on proportions, specifications,
and handling of silica fume in the field. Silica fume has been used in
HPC primarily to enhance strength and endurance properties, not because
it is a recovered material.
Silica fume enhances HPC properties because its small particle size
fills the microscopic holes in cement, which increases density and
strength. The density of silica fume concrete makes it an appropriate
material for bridges, parking decks, docks, and dams because of its
strength and its impermeability. Concrete containing silica fume
significantly reduces the potential damage from freeze and thaw cycles
because it is too dense for water to permeate below the surface of the
concrete. According to a contact with the New York Department of
Transportation (NYDOT), HPC with silica fume and coal fly ash is used
on all NYDOT bridge and deck construction projects as well any other
structures that are subjected to salts or chlorides (i.e., deicing
salts or salt spray from seawater). The contact indicated that the low
permeability of the concrete slows the ingress of salt to internal
reinforcements, thus delaying corrosion.
Silicosis is a potentially debilitating lung disorder that results
from the inhalation of crystalline silica. While
[[Page 45263]]
the Occupational Safety and Health Administration (OSHA) has not
established specific exposure limits for silica fume, OSHA has
established a permissible exposure limit for all inert or nuisance
dusts, which includes silica fume, of 5 mg/m\3\ based on an 8-hour time
weighted average (TWA) (29 CFR 1910.1000, Table Z-3). The American
Conference of Governmental Industrial Hygienists (ACGIH), however, has
established a threshold limit value for silica fume of 2 mg/m\3\ based
on an 8-hour TWA. ACGIH's threshold limit values are established so
that ``nearly all workers may be repeatedly exposed day after day
without adverse health effects.'' Unlike OSHA's permissible exposure
limits, ACGIH's threshold limit values are not legal standards;
however, they are used by some companies to establish their own
permissible limits.
To reduce the potential risks associated with silica fume
particles, suppliers typically slurry with water or compact silica fume
to reduce workers' potential exposure to the dust.
c. Impact of government procurement. Silica fume is available
worldwide. It is packaged dry in bags and pressurized cubes, or as a
slurry with chemical stabilizers to prevent freezing. There are seven
major producers and 10 major suppliers. Distributors are available in
all 50 states.
The following state DOTs are known to have used concrete containing
silica fume: New York, Ohio, Washington, South Carolina, Pennsylvania,
Indiana, and Virginia. A contact with the New York DOT indicated that
most states have used concrete containing silica fume at one point or
another and that many probably use it routinely.
According to SFC, of the 580,000 bridges in the U.S., approximately
1,900 bridges were built or repaired using concrete containing silica
fume by 1999.
C. Modular Threshold Ramps
The information obtained by EPA demonstrates that modular threshold
ramps containing recovered materials are commercially available. Today,
in Sec. 247.12(k) EPA is proposing to designate modular threshold ramps
containing recovered content steel, aluminum, or rubber 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 modular threshold ramps made from another material. It
simply requires that a procuring agency, when purchasing steel,
aluminum, or rubber modular threshold ramps, purchase these items made
with recovered materials when they meet applicable specifications and
performance requirements.
1. Background
Threshold ramps are used to modify door thresholds and other small
rises to remove barriers that changes in level landing create,
particularly with regards to access by people with disabilities.
Threshold ramps can be either custom-made and permanent, or can be
constructed from modular sections which can be purchased separately.
For reasons explained below, EPA's proposed designation is limited to
modular threshold ramps, which usually contain recovered metal or
rubber.
A change of level landing greater than \1/2\ inch, such as at a
door threshold, creates a barrier to access by individuals with
disabilities. As a result, products have been developed to retrofit
door thresholds. These products are also used to improve access by
people with disabilities to outdoor recreation areas, in compliance
with the Architectural Barriers Act (ABA) of 1968, the Rehabilitation
Act of 1973, the Uniform Federal Accessibility Standards (UFAS) and the
Americans with Disabilities Act (ADA) of 1990. These standards also
apply to state and local governments and private facilities of public
accommodation.
When the change of level landing is greater than 6 inches and where
a modular ramp is not suitable, concrete, asphalt, wood, or metal are
typically used to create a transition that effectively removes the
barrier. A modular rubber ramp for a transition greater than 6 inches
becomes very heavy and prohibitively expensive to ship. EPA's proposed
designation covers modular threshold ramps only, rather than threshold
ramps in general. EPA is limiting the scope of this designation to
modular ramps because they are standard items that can be purchased as
end products. Custom-built, permanent threshold ramps are not covered
under the scope of this designation.
2. Rationale for Designation
EPA has concluded that modular threshold ramps containing recovered
materials meet the statutory criteria for selecting items for
designation.
a. Use of materials in solid waste. Rubber modular threshold ramps
can be manufactured with up to 100 percent postconsumer recovered
materials. Metal ramps are manufactured from aluminum, steel, copper,
or copper alloy (brass) containing recovered materials. Aluminum ramps
can be composed of up to 40 percent secondary aluminum billet.
Secondary aluminum billet contains 35 to 40 percent scrap aluminum,
with the balance consisting of primary aluminum (ingot) and alloying
ingredients. The end product would contain about 15 percent recovered
total material. Steel ramps are made from either or a combination of
steel made from the Basic Oxygen Furnace (BOF) and Electric Arc Furnace
(EAF). A contact at the Steel Recycling Institute, therefore, indicated
that steel threshold ramps can contain between 25 and 85 percent
recovered content including 16 to 67 percent postconsumer material.
However, EPA has concluded that since steel ramps can be made from
either type of steel, it is possible to make ramps with up to 100
percent total recovered materials if EAF steel is used.
Since concrete and asphalt threshold ramps require construction,
they are not included with the modular threshold ramps under
consideration for designation. However, since EPA has already
designated cement and concrete containing certain recovered materials,
procuring agencies should consider requiring cement and concrete used
for constructing threshold ramps to contain these recovered materials.
b. Technically proven uses. EPA is aware of two producers that use
postconsumer recovered rubber and three that use recovered aluminum in
threshold ramps. The use of recovered steel and copper in threshold
ramps is also technically feasible.
Recycled rubber threshold ramps meeting the ADA and UFAS standards
have been available since 1996 and are similar in performance and cost
to synthetic rubber ramps. According to a contact with a school
district in Florida, the recycled rubber ramp provides a greater static
coefficient of friction rating, and is therefore more slip-resistant.
The rubber threshold ramps can be used anywhere where there is a change
of level landing requiring a ramp of 1:12 slope. The ramps are not
limited to door thresholds. Therefore, this product has applicability
along any access route, indoors or outdoors.
A limitation to the recycled rubber ramp is that it is only
suitable for heights up to 6 inches. At this height the ramp becomes
very heavy and expensive to ship. (The standard modular ramp weighs 16
to 18 pounds). For changes in level landing greater than 6 inches,
modifications generally require re-pouring concrete or using permanent,
custom-built rather than modular ramps.
For many years, aluminum, steel, and copper ramps have been used to
provide access for people with disabilities and to eliminate barriers
at door thresholds
[[Page 45264]]
and other changes of level landing. Aluminum threshold ramps generally
involve assembling locking pieces and end flanges onsite with a minimum
of nine cement anchors installed to fasten the product to the
substrata. Aluminum ramps may have a more slippery cross-traffic
surface than rubber threshold ramps, and therefore generally require a
nonslip treatment that can wear and must be refurbished over time.
c. Impact of government procurement. EPA contacted six
manufacturers of modular threshold ramps. Four of these companies
manufacture rubber threshold ramps, and two use postconsumer recovered
rubber; the other two use virgin (synthetic) rubber. Most have a
network of distributors, but one company only sells its rubber
threshold ramp to one specific customer.
Three of these suppliers also manufacture aluminum ramps that can
contain recovered materials when secondary billet is less expensive
than primary billet.
Although exempt from ADA requirements, the federal government is
using the 1992 ADA guidelines with regards to accessibility by people
with disabilities because they are more current than the much older
UFAS. Hence, all government agencies potentially purchase modular
threshold ramps. Manufacturers of modular threshold ramps are selling
some products to the federal government. Three manufacturers indicated
that their distributors have made sales to federal facilities, and,
while EPA was not able to quantify purchases of these items, the Agency
has concluded that they are purchased in substantial quantities that
support the proposed designation of these items.
D. Nonpressure Pipe
The information obtained by EPA demonstrates that nonpressure pipe
made with recovered materials is commercially available. Today, in
Sec. 247.14(l), EPA proposes to designate nonpressure pipe containing
recovered steel, plastic, or concrete 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 nonpressure pipe made from other materials. It simply
requires that a procuring agency, when purchasing steel, plastic, or
concrete nonpressure pipe, purchase the item containing recovered
materials when they meet applicable specifications and performance
requirements.
1. Background
Nonpressure pipe is used throughout the United States as drainage
pipe and conduit in construction, communications, municipal,
industrial, agricultural, and mining applications. Drainage pipe is
used in water distribution systems for surface and subsurface
applications (e.g., building foundations, highway construction, and
general land drainage) to collect and convey water by gravity flow. It
also is used in drain, waste, and vent (DWV) applications where it
functions similarly to drainage pipe. In DWV applications, it is used
primarily in residential construction and other building projects. It
is used in sanitary and storm sewer applications and as conduit and
ducts to house electrical and communications wires.
2. Rationale for Designation
EPA has concluded that nonpressure pipe containing recovered
materials meets the statutory criteria for selecting items for
designation. EPA's designation would be limited to nonpressure pipe
used for noncritical applications such as agricultural drainage, drain,
waste and vent (DWV), building and construction duct and pipe, road and
highway ducts and drainage, and electrical and communications conduit.
a. Use of materials in solid waste. The principal recovered
materials investigated by EPA in its research on pipe were plastics
(HDPE and PVC), steel, aluminum, and coal fly ash used in cement and
concrete. EPA is also aware that cement and concrete containing ground
granulated blast furnace slag (GGBF), cenospheres, and silica fume can
also be used to make nonpressure pipe.
A 1996 report by the Reason Foundation indicated that because the
pipe industry uses minimal amounts of recycled resin in its
manufacturing, the industry could potentially absorb additional
quantities. Reason estimated that as much as 130,000 additional tons of
recovered PVC and 120,000 additional tons of recovered HDPE could be
used in the manufacture of pipe.
b. Technically proven uses. Pipe containing recovered material has
been used throughout the country for many years. Manufacturers of
postconsumer-content plastic pipe report their products are used
primarily for agricultural drainage and other applications where
specifications do not preclude recovered materials. Several
organizations have developed specifications related to pipe. These are
referenced in the ``Background Document for Proposed CPG IV and Draft
RMAN IV,'' located in the RCRA Docket.
Several contacts expressed concern about some technical performance
issues that could present purchasing barriers, particularly with
plastic pipe. EPA addresses these concerns in the ``Background Document
for Proposed CPG IV and Draft RMAN IV,'' located in the RCRA Docket.
c. Impact of government procurement. Nonpressure pipe is purchased
by federal, state, and local government agencies that engage in new
construction or renovation projects. EPA was not able to quantify
purchases of these items, but EPA has determined that nonpressure pipe
is purchased in quantities sufficient enough to support the proposed
designations of these items. In most cases, architects, engineers, and
contractors are engaged for ``turn-key'' projects that include all
design specifications and construction details. With the advent of
performance-based contracting, agencies are leaving all details of the
design and material specifications to the contractor.
E. Nylon Carpet and Nylon Carpet Backing
The information obtained by EPA demonstrates that nylon carpet and
nylon carpet backing made with recovered materials are commercially
available. Today, EPA proposes to revise Sec. 247.12(d), to include
nylon carpet and nylon carpet backing containing recovered materials 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 carpet or carpet with backing made from other materials. In
the case of nylon carpet, the designation simply requires that a
procuring agency, when purchasing nylon carpet, purchase this carpet
containing recovered materials in the nylon face fiber and/or in the
nylon carpet backing when they meet applicable specifications and
performance requirements.
When researching nylon carpet backing, EPA identified two companies
that use in-house scrap from their own virgin manufacturing practices
to make polypropylene (PP) backing. However, EPA is not aware of any
company using recovered material as defined in this proposed rule.
Therefore, EPA is requesting comments and information on the use of
recovered materials in PP carpet backing.
[[Page 45265]]
1. Background
Carpet backing is a layer of woven or nonwoven material used to
hold carpet fibers in place and provide structural support. The
majority of office floors in the United States are covered with nylon-
based broadloom carpet, and nylon-based carpet represents 90 to 95
percent of all carpet, the remaining being polypropylene, acrylic, or
polyester-based. Typically, with broadloom, or ``roll'' carpet, carpet
fibers are inserted into a layer of woven material and glued into
place. This layer of woven material, the primary backing, is most often
made of polypropylene (PP). Another layer of woven material, the
secondary backing, is then applied to the primary backing to provide
stability. The secondary backing is also usually made from PP but can
also be made of jute. Broadloom carpet is purchased and installed as
one large piece that is cut and fitted for a particular office
environment.
Carpet tile was introduced to the marketplace about 40 years ago as
an alternative to broadloom. In the past 10 years, the popularity of
carpet tile has increased and now represents approximately 10 percent
of total U.S. commercial carpet dollars in sales, estimated to be $2.8
billion. In the government, carpet tile represents approximately 30
percent of total carpet purchased, estimated to be 3.2 million yards
per year at a cost of approximately $57 million.
Carpet tiles are manufactured first as broadloom carpet, but a
third layer of polyvinyl chloride (PVC), polyurethane, or other
hardback material is applied to the secondary backing for enhanced
durability. The carpet is then usually cut into 18 by 18-inch squares.
Carpet tiles are used in modular flooring systems, such as office
settings, and can offer more flexibility than broadloom carpet.
Individual carpet tiles can be replaced when they become worn.
2. Rationale for Designation
EPA has concluded that nylon carpet and nylon carpet backing
containing recovered materials meets the statutory criteria for
selecting items for designation.
a. Use of materials in solid waste. Today's global carpet industry
produces more than 4 billion pounds (2 million tons) of replacement
carpet yearly. It is estimated that 5 billion pounds (2.5 million tons)
of carpet are disposed of in landfills each year. Of this amount,
approximately 1 billion pounds (500,000 tons) is type 6 nylon face
yarn, that which is most commonly recovered.
According to information obtained from one carpet company, carpet
tiles with recovered content backing weigh approximately 8.4 pounds per
square yard. Approximately 22.4 percent of a carpet tile by weight
contains recovered material. About 2 pounds of recovered material,
therefore, are used in each square yard of its carpet tiles. If a
government agency purchased 1,000 square yards of the carpet tiles with
recovered content backing, approximately 2,000 pounds (1 ton) of
material would be diverted from the waste stream.
In the past, when the carpet was removed, it was largely discarded
in landfills. However, many nylon fiber and carpet companies have
initiated collection programs to divert used carpet from landfills and
use it to make new products. Several manufacturers are producing nylon
carpet with up to 100 percent recovered material. The recovered
material is usually a combination of postconsumer and postindustrial
material, but at least one company has produced caprolactam, the main
product of recovery, using 100 percent postconsumer material.
Several companies are manufacturing PVC carpet backing containing
recovered materials, with the ratio of postconsumer to postindustrial
material dependent on market availability. One company indicated that
its recovered content nylon carpet backing is made from 100 percent
recovered material, including more than 35 percent postconsumer carpets
and less than 65 percent postindustrial material from the carpet-making
and automobile manufacturing industries.
Another company is the sole provider of the only carpet renewing
program currently on the market. The company super-cleans, retextures,
restyles, and recolors modular carpet tiles to look like new. The
process creates a product that essentially contains 100 percent
postconsumer material.
One company EPA contacted no longer manufactures carpet fiber but
does make a polypropylene carpet backing. The company uses a small
amount (1 to 2 percent) of postindustrial in-house manufacturing scrap
in its backings, but the contact added that they are essentially virgin
products.
Another company also has recently started using a small amount (1
percent) of postindustrial manufacturing scrap in its polypropylene
backings. The company intends to increase the recovered material
content to 5 to 10 percent in the future, possibly including some
postconsumer carpet backing material.
b. Technically proven uses. EPA's research indicates that nylon
carpet and nylon carpet backing made with recovered materials content
is of similar quality to nylon carpet and backing made from virgin
materials content.
Most of the companies contacted have collection programs in place
for recovering used carpet and other recovered material.
According to a contact at one company, recovered content PVC carpet
backing performs as well as virgin PVC backing.
c. Impact of government procurement. Carpet with recovered content
is widely available in the marketplace. The Agency determined that many
carpet distributors offer nylon carpeting with recovered material
content.
As mentioned previously, the popularity of carpet tile has
increased and now represents approximately 10 percent of total U.S.
commercial carpet dollars in sales, estimated to be $2.8 billion. In
the government, carpet tile represents approximately 30 percent of
total carpet purchased, estimated to be 3.2 million yards per year at a
cost of approximately $57 million.
According to contacts at two companies, several carpets
manufactured from their recovered material content yarn systems are
available through GSA's schedule. Another company's nylon is the major
component in numerous carpet styles offered by carpet mills, dealers,
and retailers that are listed in the Floor Coverings section of the
Federal Supply Schedule (72 I-A). In addition to other government
facilities, the government currently purchases nylon carpeting with
recovered material content for military housing.
City, county, state, and federal government agencies currently
purchase recovered content carpets, either as part of new building
construction or retrofit projects.
F. Roofing Materials
The information obtained by EPA demonstrates that roofing materials
containing recovered materials are commercially available. Today, in
Sec. 247.12(m), EPA proposes to designate roofing materials made from
recovered content steel, aluminum, fiber, rubber, plastic or plastic
composites, and cement 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 roofing materials
manufactured from another material. It simply requires that a procuring
agency, when purchasing steel, aluminum, fiber, rubber, plastic or
plastic composite, or
[[Page 45266]]
cement roofing materials, purchase these items made with recovered
materials when these items meet applicable specifications and
performance requirements.
1. Background
A building's roof system and its finished roofing materials are the
primary means of shielding a structure's interior from the natural
elements. According to the Roofing Industry Educational Institute,
approximately 30 variables determine the type of roof to use on a
building. Variables include the roof structure and decking, its slope,
appearance, the weight the structure must support, local building and
fire codes, the roofing materials already on the building, and the
area's climate and wind zone. For example, while a sloping shingle roof
easily sheds water, a flat roof must depend on a continuous waterproof
membrane to contain the water while it drains and/or evaporates.
Consequently, roofing systems fall into two general categories: (1)
High-sloped or ``pitched'' roofs and (2) low-sloped or flat roofs.
Residential structures normally have pitched roofs, although parts
(such as garages or some additions) can be low-sloped. Commercial roofs
are generally low-sloped. Roofs are generally referred to as
``residential'' or ``commercial,'' but these terms can refer either to
the slope of the roof or the use of the building.
2. Rationale for Designation
EPA has concluded that roofing materials containing recovered
materials meet the statutory criteria for selecting items for
designation.
a. Use of materials in solid waste. Steel containing recovered and
postconsumer material content is used in roof decking, shingles, and
panels. According to the Steel Recycling Institute, depending on
whether the steel is produced by the basic oxygen furnace or electric
arc furnace method, the steel used in roofing materials could contain
25 to 100 percent recovered steel, including 16 to 67 percent
postconsumer steel. Fiber used in matting (tar paper, underlayment,
felt), roll roofing, and organic asphalt shingles normally has some
recovered and postconsumer materials content derived from old
corrugated containers, old newspapers, mixed office waste, wood chips
from used pallets, or recovered used dry felt. A fiber base can also be
used in concrete shingles. EPA contacted four manufacturers of organic
shingles that each use between 66 and 100 percent postconsumer
corrugated containers, kraft paper, mixed paper, and other recovered
paper.
Large fiberglass shingle manufacturers contacted by EPA indicated
that they do not manufacture the shingles with recovered content
material. Likewise, EPA found that asphalt used in matting, roll
roofing, shingles, coatings, modified bitumen, and built-up roofing
usually does not contain recovered or postconsumer materials. Aluminum
shingles and panels can and are being made with recovered and
postconsumer materials. One manufacturer uses up to 20 percent
postconsumer material from curbside collection programs. Another
manufacturer makes 95 percent postconsumer aluminum shingles. Rubber
single-plies, shingles, and ``rubberized'' modified bitumen (styrene-
butadiene-styrene, known as SBS) can contain some recovered and
postconsumer materials, including old tires. One manufacturer of rubber
shingles uses 100 percent postconsumer (old) tires. EPA is aware of one
other manufacturer that claims to use at least 50 percent postconsumer
rubber in its shingles. Plastic single-plies, shingles, and plasticized
modified bitumen (atactic polypropylene, known as APP) can contain
various types of recovered and postconsumer plastics. One contact was
unable to provide a percentage of recovered material content of its
plastic. Another manufacturer EPA contacted makes plastic shingles and
shakes from 100 percent postconsumer plastic. Wood shakes can contain
recovered materials from old pallets, pallet scraps, sawmill waste, and
manufacturing waste. EPA contacted one manufacturer that incorporates
the company's manufacturing waste into wood shakes and shingles.
Another manufacturer makes roofing shingles from 100 percent recovered
wood and PVC plastic. Cement-based shingles can include recovered
materials. One manufacturer uses 4 percent postconsumer newsprint
fibers and 14 percent recovered silica fume in their fiber base
concrete shingles, which are made with portland cement.
b. Technically proven uses. Durability is critical in roofing
because a failure can mean serious damage, not just to the roofing
itself, but to the building and its contents as well. EPA found no
performance issues relating to the use of recovered materials in
roofing products.
Roofing systems and their components are subject to an array of
standards, tests, and codes pertaining to performance and other
characteristics. EPA found no building codes or standards that prohibit
the use of recovered materials in roofing products.
c. Impact of government procurement. The federal government
procures a vast amount of roofing materials annually, although
statistics are not kept on this information. The Department of
Commerce's ``Commerce Business Daily'' has on online, searchable
database, however, and EPA was able to find numerous active and
archived notices for construction and renovation projects by federal
agencies that involve, among other things, roofing, While most of the
information available is for re-roofing projects, it goes without
saying that all new building construction projects would include
roofing.
Several manufacturers indicated that they sell to federal, state,
or local government entities, but did not provide names of specific
agencies, contact names, or the amount sold.
G. Polyester Carpet (Revision)
1. Background
On May 1, 1995, EPA issued a final designation for polyester carpet
containing recovered materials in CPG I (60 FR 21370). This designation
was codified at 40 CFR 247.12(d). Since EPA issued this designation, we
have received a number of inquiries from procuring agencies and
industry representatives expressing some confusion over the polyester
carpet designation, when agencies are ``required'' to buy recycled-
content polyester carpeting, and what applications are included in the
designation.
The final CPG I designated ``carpet made from polyester fiber for
use in low- and medium-wear applications.'' In the background document
for the final CPG I, EPA cited the Carpet and Rug Institute's (CRI)
guidelines for selecting the quality of carpeting in light-, medium-,
and heavy-wear applications. At the time, CRI suggested the following
general carpet applications: light-wear for bedrooms, dressing rooms,
and some dining rooms in private homes; moderate-wear for living and
dining rooms in private homes, motel and hotel bedrooms, and private
offices; heavy-wear for commercial-type installations in office
buildings, public rooms, motel and hotel lobbies, stairways, and
stores; and severe-wear for corridors, and other wheeled traffic areas.
EPA recommended ``that procuring agencies follow these general
guidelines in determining applications that may be suitable for the use
of polyester carpet containing recovered materials.'' EPA also
recommended ``the use of polyester carpet containing recovered
materials for light- and moderate (medium)-wear applications,''
consistent with the types of uses in the CRI guidelines. The CPG
[[Page 45267]]
limited the designation to these types of applications.
CRI recently issued new carpet-use classifications which provide a
listing of the types of end-use applications recommended for carpet and
reclassifies the applications into three new categories: moderate-,
heavy-, and severe-wear applications. Most of the applications cited by
EPA in the initial polyester designation referred to private homes
which, under the new CRI list, would be included in the category of
``single family housing.'' CRI's classifications includes both
moderate- and heavy-use applications under the single family housing
category. Therefore, EPA proposes to revise the polyester carpet
designation to reference the new CRI classifications and specify that
the designation be limited to moderate- and heavy-wear applications
such as those found in single-family housing units, private offices,
and similar applications. EPA requests comments on this proposed
revision to the designation for polyester carpet.
EPA notes that some agencies have developed their own
specifications for end-use applications. It is not EPA's intent to
suggest that these specifications be changed or to recommend the use of
polyester carpet where it may not be suitable. EPA's designation of
polyester carpet, in effect, applies to those cases where procuring
agencies have determined that polyester carpet has suitable
characteristics to meet the agencies' particular applications. Where it
is determined that polyester carpet is not suitable for a particular
application, the agency is not required to purchase this type of
carpet. However, where it is determined that polyester carpet is
suitable, procuring agencies should purchase this carpet containing
recovered materials.
2. Revised Designation
Today, in 40 CFR 247.12(d), EPA proposes to amend the designation
for polyester carpet to specify that the designation is limited to
moderate- and heavy-wear applications such as those found in single-
family housing units, private offices, and similar applications.
H. Railroad Grade Crossings Surfaces (Revision)
1. Background
On January 19, 2000, EPA designated railroad grade crossing
surfaces made from cement and concrete containing coal fly ash,
recovered rubber, or recovered steel (65 FR 3070). This designation was
codified at 40 CFR 247.12 (j). EPA recently received information from
two companies, one that manufactures railroad grade crossings made from
recovered wood, and another that manufactures railroad grade crossings
from a composite plastic material. The information from these companies
has been included in the RCRA docket for this proposed rule. One
company recovers wood from old railroad ties and uses this material to
make new railroad ties and railroad grade crossing surfaces. The wood
used to make these products is made from old railroad ties combined
with a proprietary plastic binder made from postconsumer plastic. The
company claims that the end products contain 90-97% postconsumer
materials content. The proposed inclusion of wood railroad grade
crossing surfaces in EPA's designation would also include composite
wood materials. The other company makes a composite crossing from 100%
recovered materials, including auto shredder residue and postconsumer
plastic. The company claims that the end product contains 85-95%
postconsumer material. EPA requests comments on the inclusion of
recovered wood and plastic as materials to be added to the previous
designation of railroad grade crossing surfaces containing recovered
content cement, rubber, or steel.
2. Revised Designation
Today, in 40 CFR 247.12(j), EPA proposes to amend the existing
designation for railroad grade crossing surfaces to include railroad
grade crossing surfaces containing recovered wood or composite wood
materials and composite plastic materials. EPA has concluded that
railroad grade crossing surfaces containing recovered wood and plastic
meet the statutory criteria for selecting items for designation, as
previously discussed in CPG III (63 FR 45558, August 26, 1998).
VI. Nonpaper Office Products
A. Office Furniture
The information obtained by EPA demonstrates that office furniture
made with recovered materials is commercially available. Today, in
Sec. 247.16(l), EPA proposes to designate office furniture containing
recovered steel, aluminum, wood, agricultural fiber, and 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 office furniture manufactured from other materials. It
simply requires that a procuring agency, when purchasing steel,
aluminum, wood, agricultural fiber, or plastic office furniture,
purchase these items made with recovered materials when these items
meet applicable specifications and performance requirements.
1. Background
Office furniture includes seating, desks, storage units, file
cabinets, tables, and systems furniture (or ``cubicles'') used in
virtually all federal offices.
Most office furniture is made of wood, including particleboard and
medium-density fiberboard (MDF), or steel. Some companies are making
particleboard from recovered agricultural fiber such as straw, kenaf,
jute, and soybean hulls. Other materials in office furniture
manufacturing include polyethylene terephthalate (PET) in fabrics;
plastic, which is integrated in components such as laminated work
surfaces and arm rests; and aluminum.
Most companies in the furniture industry do not manufacture and
assemble furniture from raw materials. Rather, companies specialize in
one aspect of manufacturing and work together. Suppliers, or ``base
manufacturers,'' for example, take raw materials, such as plastic,
aluminum, wood, agricultural fiber, or steel, and convert them into
components (e.g., table tops, rubber edging, metal frames). Furniture
manufacturers then purchase the components from suppliers and assemble
them to make furniture products. In some instances, however,
manufacturers fabricate their own wood and metal components.
In researching office furniture, EPA found that products fall into
one of the following categories: new office furniture; reused
furniture; refurbished furniture; and remanufactured furniture. For
definitions of these categories, refer to the ``Background Document for
Proposed CPG IV and Draft RMAN IV,'' located in the RCRA Docket.
2. Rationale for Designation
EPA has concluded that office furniture containing recovered
materials meets the statutory criteria for selecting items for
designation.
a. Use of materials in solid waste. Reused office furniture tends
to have the highest postconsumer content because the product is not
significantly altered. Refurbished office furniture contains almost as
much postconsumer content as reused office furniture, although it
usually has virgin materials added due to necessary touch-ups.
Remanufactured office furniture tends to contain less postconsumer
content than reused or refurbished furniture, but generally conserves
the greatest value in the product.
[[Page 45268]]
EPA found that new furniture contains varying amounts (from 0 to 98
percent) of recovered materials. Refurbished and remanufactured office
furniture typically contains 25 to 75 percent postconsumer materials
depending on the condition of the core being refurbished or
remanufactured. According to a government consultant with 20 years
experience as a federal government sales representative, remanufactured
office furniture can contain as much as 60 to 80 percent postconsumer
content.
According to Office Furniture Recyclers Forum (OFRF), approximately
3 million tons of office furniture are discarded in landfills each
year. Remanufacturing and refurbishing can divert some of this
furniture away from landfills by returning it to offices. In fact,
remanufacturing just 40 typical work stations diverts one tractor-
trailer load of furniture from a landfill. Also, reusing one pound of
material through remanufacturing saves five to nine pounds of original
materials.
Using recovered materials in manufacturing and remanufacturing also
diverts waste from landfills. According to OFRF, when a company
manufacturers or remanufacturers one typical work station with fabric
made from recovered materials, for example, it uses 240 recovered PET
soda bottles. So, if an agency were to purchase 1,000 remanufactured
work stations, it would divert 240,000 soda bottles from landfills.
One company estimates it has diverted approximately 48.4 million
pounds of workstation materials from landfills since opening for
business in 1989.
b. Technically proven uses. According to one vendor, furniture made
with recovered materials content, remanufactured furniture, and
refurbished furniture all perform as well as furniture manufactured
with virgin materials. Remanufacturing and refurbishing restores worn
office furniture to a condition comparable to new furniture in quality
and reliability. In general, upholstery made with recovered PET looks,
cuts, and upholsters the same as fabric made with virgin resins.
Office partitions covered with postconsumer content fabric are
stain-proof and fabric rated, which means they comply with Boston, New
York, and California fire codes (the most stringent state fire codes in
the country). Office partitions made from postconsumer content fabric
are similar in durability to those made from fabrics with virgin
materials.
In many cases, there are advantages to using remanufactured or
refurbished furniture. For example, furniture is usually available for
delivery on much quicker time frame. In the case of one company, the
refinishing can be done on the premises due to the absence of toxic
chemicals. As a result, there is very little moving of furniture
required and minimal downtime for the client.
c. Impact of government procurement. OFRF estimates that the
federal government purchased $396.3 million in office furniture in
1996. According to another contact, however, the federal government
spent approximately $562 million on office furniture in 1996. According
to the Coalition for Government Procurement, over the past 5 years,
federal government agencies purchased over $1.9 billion of office
furniture including metal filing cabinets, seating, systems furniture
and pedestals, office tables (excluding executive type), and executive
offices. According to one contact, most federal purchases are made
through GSA schedules and some are made via open market contractors.
GSA operates programs to reuse, refurbish, and donate used
furniture. Additionally, GSA's National Furniture Center works with
agencies interested in incorporating environmental considerations into
its selection process. The 1999 GSA consolidated schedule, which is
valid for 5 years, includes furniture items in Solicitation No. 3FNO-
M1-990001-B, Schedule 71, Part 1. This schedule includes remanufactured
furniture as Special Item Number (SIN) 711-92.
UNICOR's Federal Prison Industries, Inc., is a mandatory source
provider to the government for office furniture and many other items.
According to UNICOR, the government purchases over 15 percent of its
furniture from them, which equates to 40 percent of UNICOR's furniture
sales. In 1997, UNICOR's office furniture sales to the federal
government totaled $80 million.
VII. Miscellaneous Products
A. Bike Racks
The information obtained by EPA demonstrates that bike racks
containing recovered materials are commercially available. Today, in
Sec. 247.17(h), EPA proposes to designate bike racks containing
recovered steel and 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 bike racks manufactured
from another material. It simply requires that a procuring agency, when
purchasing steel or plastic bike racks, purchase them containing
recovered material when they meet applicable specifications and
performance requirements. When researching bike racks, EPA obtained
information about those manufactured from recovered steel and plastic,
but requests comments on other recovered materials such as wood or
aluminum that can be or are being used to manufacture bike racks. In
addition, although all of the manufacturers of plastic bike racks that
EPA contacted use recovered HDPE, EPA sees no technical reason why
plastic bike racks could not be made from another type of plastic resin
or composite. Therefore, EPA requests comments on whether other types
of recovered plastic resins are used in the manufacture of plastic bike
racks. In addition, EPA requests comments on whether other recovered
materials are used to manufacture bike racks.
1. Background
Bike racks provide a method for cyclists to secure their bicycles
safely. Commonly found in public areas and outside office buildings,
bike racks can be designed to hold 1 to 50 bicycles and can range from
$100 to $1,000 each, depending on type. They can be free standing
units, anchored by bolts or cement, or embedded into the ground.
2. Rationale for Designation
EPA has concluded that bike racks containing recovered materials
meet the statutory criteria for selecting items for designation.
a. Use of materials in solid waste. According to the Steel
Recycling Institute, the steel used in bike racks is most likely made
using the basic oxygen furnace (BOF) process and would, therefore,
contain 25 to 30 percent recovered material including 16 percent
postconsumer material.
EPA identified four manufacturers that use 100 percent HDPE plastic
lumber to manufacture their bike racks. EPA's research noted that most
of these plastic lumber manufacturers use 100 percent postconsumer HDPE
for their products.
b. Technically proven uses. Most contacts reported that steel bike
racks are very durable and virtually maintenance-free. According to a
facilities employee at a university, however, although most steel bike
racks are marketed as ``maintenance-free,'' some of them tend to rust.
Furthermore, for painted steel bike racks, contact with bikes and bike
locks makes them vulnerable to scratches. Applications of paint are
sometimes required to maintain their appearance. According to
[[Page 45269]]
one manufacturer, plastic lumber bike racks are just as secure as steel
bike racks. Furthermore, plastic lumber bike racks do not tend to rust
or scratch as easily as steel bike racks.
According to the government agencies EPA contacted that use steel
bike racks, there are no specifications or requirements that would
preclude the purchase of bike racks with recovered materials.
c. Impact of government procurement. According to the four county
governments EPA contacted, purchases for equipment such as bike racks
are usually not tracked, but EPA assumes all counties and schools
purchase bike racks. EPA also is convinced that all federal agencies
purchase bike racks. EPA was not able to quantify purchases of this
item but has concluded that they are purchased in quantities sufficient
enough to support the proposed designation.
B. Blasting Grit
The information obtained by EPA demonstrates that several types of
blasting grit are available containing recovered materials. Today, in
Sec. 247.17(i), EPA proposes to designate blasting grit (a type of
industrial abrasive) containing recovered steel, coal combustion
byproducts (boiler slag and bottom ash), metal slags, glass, plastic,
or walnut shells 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 blasting grit manufactured
from another material. It simply requires that a procuring agency, when
purchasing blasting grit containing steel, coal combustion byproducts,
metal slags, glass, plastic, or walnut shells, purchase these items
made with recovered materials when these items meet applicable
specifications and performance requirements. EPA identified only one
type of recovered organic material (walnut shells) being used in
blasting grit and requests comments on whether other types of organic
materials are being used in blasting grit.
1. Background
Blasting grit is a loose form of industrial abrasive that is used
to shape, cut, sharpen, or finish a variety of surfaces and materials
and to clean engines, prime and clean surfaces, and for corrosion
control. It comes in a variety of grades (particle size) dictated by
the materials being ground and the finish that is required.
Generally, industrial abrasives can be fashioned for use on metals,
ceramics, carbides, composites, glass, and plastics. They can be made
from a variety of materials, both virgin (including metal, minerals,
and silicon) and recovered (including aluminum oxide, coal and metal
slag, glass, plastic, and organic materials such as walnut shells).
Industrial abrasives are used in many industries, including
construction, automotive, and landscaping.
There are several specific types of industrial abrasives. Bonded
abrasives are abrasive materials that have been mixed and hardened with
polymer or phenol formaldehyde resins or other types of fixing agents.
They are also sometimes affixed to a substrate (most commonly aluminum
oxide). Coated abrasives are commonly known as sandpaper, sandpaper
discs, and sanding belts, although the term is used somewhat loosely
and is occasionally used to include some types of bonded abrasives as
well.
Abrasives are also commonly sold in raw or unbonded form for such
purposes as blasting grit. These materials are sometimes used with
water to help remove contaminants from the substrate, to wet the
abrasive, and to reduce dispersion of fine particles (dust). Often
containing recovered materials, unbonded abrasives can be made from
steel, coal and metal slag, glass, plastic and natural materials such
as walnut shells. Superabrasives are abrasives made from only the
strongest materials or minerals such as garnet or even diamond. These
are highly specialized and expensive products and are used for heavy
duty jobs such as compacted rust removal.
2. Rationale for Designation
EPA has concluded that blasting grit containing recovered materials
meets the statutory criteria for selecting items for designation.
a. Use of materials in solid waste. EPA's research suggests that
the use of recovered materials in blasting grit is already diverting
millions of tons of solid waste from the waste stream. For example,
according to the American Coal Ash Association, electric utilities
produced 2.9 million tons of boiler slag in 1998. Of this amount, 2.1
million tons were re-used as blasting grit and roofing granules.
In addition, the use of postconsumer recovered glass in the
manufacture of blasting abrasives has the potential to significantly
boost demand for recovered glass. One company that manufactures
blasting abrasives from recovered glass, for example, has developed a
glass processing system capable of handling 5,000 to 10,000 tons of
recovered glass per year. In addition to recovered steel, coal and
metal slag, and glass, EPA is aware that blasting grit can be
manufactured from other materials that otherwise would be disposed of
as part of the municipal solid waste stream, such as plastic and walnut
shells.
b. Technically proven uses. EPA identified potential issues
associated with the use of some recovered materials in blasting grit
and is requesting comments on whether it should proceed with the
designation. In particular, there is some evidence that documents
dangerously high levels of heavy metals in abrasives containing coal
and mineral slag materials that may present risks to workers. For
example, a study by NIOSH entitled ``Evaluation of Substitute Materials
for Silica Sand in Abrasive Blasting'' reveals high concentrations of
heavy metals present in airborne dust from blasting with copper,
nickel, and coal slags, as well as several other mineral abrasives.
EPA regulations do not, however, restrict the use of materials of
these types or require their management under the RCRA hazardous waste
management system. Thus, recently, in EPA's final rule on the
Regulatory Determination on Wastes from the Combustion of Fossil Fuels
(40 CFR Part 261), issued May 22, 2000, the Agency chose to retain the
exemption for fossil fuel combustion wastes from the hazardous waste
management system under RCRA section 3001(b)(3)(C). In addition, EPA
stated in the final rule that it did not wish to place any unnecessary
barriers on the beneficial use of fossil fuel combustion wastes for
applications that conserve natural resources and reduce disposal costs.
Therefore, EPA is proposing to include blasting grit containing slag
materials in this designation but recommends that workers using these
types of abrasives exercise OSHA or other required standard practices
designed to protect worker health and safety.
Regarding technical feasibility and performance, abrasive blasting
grit made from postconsumer recovered glass can be used in most
conventional blasting equipment. A variety of industry standards
pertain to industrial abrasives, and all blasting grit products
containing recovered materials meet these standards. Reference to
industry standards can be found in the ``Background Document for
Proposed CPG IV and Draft RMAN IV,'' which is located in the RCRA
Docket.
c. Impact of government procurement. Federal, state, and local
governments purchase large amounts of blasting grit products, but EPA
was unable to obtain figures on actual amounts purchased. A
[[Page 45270]]
recent search of the ``Commerce Business Daily's'' online database
turned up six active awards for contracts for the purchase of
industrial abrasives (all military agencies). In addition, a search of
the Defense Logistics Agency's Federal Logistics Information System's
database (http://www.dlis.dla.mil/online.htm) identified 62 types of
abrasive products currently being purchased by the armed services
alone. Judging by this information, it is apparent that the federal
government in particular procures a vast amount of industrial
abrasives, including blasting grit, either directly, or through
contracts.
VIII. Where Can Agencies Get More Information on the Availability
of EPA-Designated Items?
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, a list of these
companies will be placed in the RCRA docket for this action and will be
posted on EPA's Web site. These lists 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 GSA, DLA, state and local
recycling offices, private corporations, and trade associations. In
addition, a new Web site has recently been developed that lists all EPA
designated items and manufacturers, suppliers, and vendors of these
items. The Web site address is www.greenorder.com. Refer to Appendix
II of the document, ``Background Document for Proposed CPG IV and Draft
RMAN IV,'' located in the RCRA public docket, for more detailed
information on these sources of information.
IX. Administrative Assessments
A. Executive Order 12866: Regulatory Planning and Review
Executive Order 12866 requires agencies to determine whether a
regulatory action is ``significant.'' The Order defines a
``significant'' regulatory action as one that is likely to result in a
proposed 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.
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 today's proposed rule is well below the $100 million
threshold. EPA has prepared an Economic Impact Analysis (EIA) to
evaluate the potential impact of today's action. The results of the EIA
are discussed below. More information on the estimated economic impact
of today's proposed rule is included in the Economic Impact Analysis
for this proposed rule. A copy of this document is in the RCRA public
docket.
1. Summary of Costs
As shown in Table 2 below, EPA estimates that the annualized costs
of today's proposed rule will range from $6.5 to $12.8 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 government contractors). These costs
are annualized over a 10-year period at a three percent discount rate.
Because there is considerable uncertainty regarding several of the
parameters that influence the costs, EPA conducted sensitivity analyses
to identify the range of potential costs of today's proposed 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 today's proposed rule
are provided in the Economic Impact Analysis for this proposed rule.
Table 2.--Summary of Annualized Costs of Proposed CPG IV Amendments to
All Processing Agencies
------------------------------------------------------------------------
Best estimate
Procuring agency Total annualized total annualized
costs ($1000) costs ($1000)
------------------------------------------------------------------------
Federal Agencies................ $8,822--$4,411 $8,822
States.......................... $1,085--$542 $1,085
Local Governments............... $2,762--$1,556 $2,159
Contractors..................... $101--$34 $68
---------------------------------------
Total....................... $12,770--$6,543 $12,134
------------------------------------------------------------------------
As a result of today's proposed rule, procuring agencies will be
required to take certain actions pursuant to RCRA section 6002,
including rule review and implementation; estimation, certification,
and verification of designated item procurement; and for federal
agencies, reporting and recordkeeping. The costs shown in Table 2
represent the estimated annualized costs associated with these
activities. 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 proposed rule are included in the Economic Impact
Analysis.
There may be both positive and negative impacts to individual
businesses, including small businesses. EPA anticipates that today's
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
[[Page 45271]]
that run recycling programs are also expected to benefit from increased
demand for certain materials collected in recycling programs.
EPA is unable to determine the number of businesses, including
small businesses, that may be adversely impacted by today's proposed
rule. If a business currently supplies products to a procuring agency
and those products are made only out of virgin materials, the
amendments to the CPG may reduce that company's ability to compete for
future contracts. However, the amendments to the CPG will not affect
existing purchase orders, nor will it 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. The relative
prices of recycled content products compared to prices of comparable
virgin products vary. In many cases, recycled content products are less
expensive than similar virgin products. 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. However, the decision to pay more or less for such
a product is left up to the procuring agency.
3. Summary of Benefits
EPA anticipates that today's proposed rule will result in increased
opportunities for recycling and waste prevention. Waste prevention can
reduce the nation's reliance on natural resources by reducing the
amount of materials used in making products. Using less raw materials
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; 1,400 lbs. of
coal; and 120 lbs. of limestone. Recycling can also reduce greenhouse
gas emissions associated with manufacturing new products. When compared
to landfilling, recycling one ton of high density polyethylene, low
density polyethylene, or polyethylene terephthalate plastic can reduce
greenhouse gas emissions by up to 0.64 metric tons of carbon equivalent
(MTCE). In addition to conserving non-renewable resources and reducing
the environmental impacts associated with resource extraction and
processing, recycling can also 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 all of 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
increased purchase of recycled products, locally, regionally, and
nationally and provide opportunities for businesses involved in
recycling activities.
B. Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Act of 1996 (SBREFA), 5 U.S.C. 601 et seq.
The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions.
For purposes of assessing the impacts on small entities of today's
rule, small entity is defined as: (1) a small business as defined by
RFA default definitions for small business (based on Small Business
Administration size standards); (2) a small governmental jurisdiction
that is a government of a city, county, town, school district, or
special district with a population of less than 50,000; or (3) a small
organization that is any not-for-profit enterprise that is
independently owned and operated and is not dominant in its field.
EPA evaluated the potential costs of its proposed designations to
determine whether its actions would have a significant impact on a
substantial number of small entities. In the case of small entities
that 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
11 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 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
[[Page 45272]]
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.
After considering the economic impacts of today's proposed rule on
small entities, EPA certifies that this action 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 has concluded
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.
C. 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), Pub.
L. 104-4, establishes requirements for federal 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, $3.8 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
$101,000 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 IV 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, $3.8 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, Environmental Defense, 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, $3.8 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.
D. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an
[[Page 45273]]
accountable process to ensure ``meaningful and timely input by state
and local officials in the development of regulatory policies that have
federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government.''
This proposed rule does not have federalism implications. It will
not have substantial direct effects on the states, on the relationship
between the national government and the states, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. The proposed rule will not
impose substantial costs on states and localities. A final rule would
require procuring agencies to perform certain activities pursuant to
RCRA section 6002, including rule review and implementation;
estimation, certification, and verification of designated item
procurement; and for federal agencies, reporting and record keeping. As
noted above, EPA estimates that the total annualized costs of today's
proposed rule will range from $6.5--$12.8 million. EPA's estimate
reflects the costs of the rule for all procuring agencies (i.e.,
federal agencies, state and local agencies that use appropriated
federal funds to procure designated items, and government contractors),
not just states and localities. Thus, the costs to states and
localities alone will be even lower and not substantial. Thus,
Executive Order 13132 does not apply to this rule.
When EPA proposes to designate items in the 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. In the spirit of Executive Order 13132, and consistent with
EPA policy to promote communications between EPA and state and local
governments, EPA specifically solicits comment on this proposed rule
from state and local officials.
E. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.''
Today's proposed rule does not significantly or uniquely affect the
communities of Indian tribal governments. The proposed rule does not
impose any mandate on tribal governments or impose any duties on these
entities. Accordingly, the requirements of section 3(b) of Executive
Order 13084 do not apply to this proposal.
F. Executive Order 13045: Protection of Children From Environmental
Risks and Safety Risks
Executive Order 13045, entitled ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), applies to any rule that EPA determines is (1) ``economically
significant'' 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 effects 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 the 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 proposed rule is not subject to E.O. 13045 because
it does not involve decisions regarding environmental health or safety
risks.
G. National Technology Transfer and Advancement Act of 1995
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Pub. L. No. 104-113, Section 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, business practices) that are developed or adopted
by voluntary consensus standard bodies. The NTTAA directs EPA to
provide Congress explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
This proposed rule does not establish technical standards.
Therefore, the Agency has not conducted a search to identify
potentially applicable test methods from voluntary consensus standard
bodies. As part of this rulemaking effort, EPA has developed guidance
for procuring agencies to use in complying with section 6002's
obligation to purchase items with recovered materials content to the
maximum extent practicable. These recommendations include minimum
recovered materials content standards and, as previously noted, are
published today in the companion RMAN for the designated items. In
developing these recommendations, EPA did consider current voluntary
consensus standards on recovered materials content.
H. Executive Order 13211: Energy Effects
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 Fed. reg. 28355 (May 22, 2001)) because it
is not a significant regulatory action under Executive Order 12866.
X. Supporting Information and Accessing Internet
The index of supporting materials for today's proposed CPG IV 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 IV and Draft RMAN IV,''
EPA530-R-01-006, U.S. EPA, Office of Solid Waste and Emergency
Response, April 2001
``Economic Impact Analysis for Proposed Comprehensive Procurement
Guideline IV,'' EPA530-R-01-008, U.S. EPA, Office of Solid Waste and
Emergency Response, March 2001.
[[Page 45274]]
Copies of the following supporting materials are available for
viewing at the RIC only:
``Recovered Materials Product Research for the Comprehensive
Procurement Guideline IV,'' Draft Report, August 2000.
To access information electronically go to the CPG Web site at
www.epa.gov/cpg.
List of Subjects in 40 CFR Part 247
Environmental protection, Government procurement, Recycling.
Dated: August 21, 2001.
Christine Todd Whitman,
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. 13101, 58 FR 54911.
2. In Sec. 247.3, the following definitions are added
alphabetically:
Sec. 247.3 Definitions.
* * * * *
Bike racks are free-standing or anchored units that provide a
method for cyclists to secure their bicycles safely.
* * * * *
Blasting grit is a type of industrial abrasive used to shape, cut,
sharpen, polish, or finish surfaces and materials.
* * * * *
Cenospheres are naturally-occurring waste components of coal fly
ash.
* * * * *
Modular threshold ramps are ramps used to modify existing door
thresholds and other small rises to remove access barriers created by
differentials in landing levels.
Nonpressure pipe is pipe used to drain waste and wastewater, to
vent gases, and to channel cable and conduit in various applications.
Nylon carpet is carpet containing nylon fibers inserted into a
layer of woven material and glued into place.
Nylon carpet backing is a layer of woven or nonwoven nylon material
used to hold carpet fibers in place and provide structural support.
Office furniture is furniture typically used in offices, including
seating, desks, storage units, file cabinets, tables, and systems
furniture (or ``cubicles'').
* * * * *
Polyester carpet is carpet containing polyester fibers inserted
into a layer of woven material and glued into place.
* * * * *
Rebuilt vehicular parts are vehicular parts that have been
remanufactured, reusing parts in their original form.
* * * * *
Roofing materials are materials used to construct a protective
cover over a structure to shield its interior from the natural
elements.
* * * * *
Silica fume is a waste byproduct of alloyed metal production.
* * * * *
3. In Sec. 247.11, revise paragraph (b) and add paragraph (d) to
read as follows:
Sec. 247.11 Vehicular products.
* * * * *
(b) (1) Retread tires, excluding airplane tires.
(2) Tires containing recovered rubber.
* * * * *
(d) Rebuilt vehicular parts.
4. In Sec. 247.12, revise paragraphs (c), (d), and (j) and add
paragraphs (k), (l), and (m), to read as follows:
Sec. 247.12 Construction products.
* * * * *
(c) Cement and concrete, including concrete products such as pipe
and block containing:
(1) Coal fly ash.
(2) Ground granulated blast furnace slag (GGBF).
(3) Silica fume from silicon and ferrosilicon metal production.
(4) Cenospheres.
(d)(1) Carpet made from polyester fiber made from recovered
materials for use in moderate- and heavy-wear applications such as
single-family housing, private offices, and similar wear applications.
(2) Carpet made from nylon fiber facing and/or nylon carpet backing
made from recovered materials.
* * * * *
(j) Railroad grade crossing surfaces made from cement and concrete
containing fly ash, recovered rubber, recovered steel, recovered wood,
or recovered plastic.
(k) Modular threshold ramps containing recovered steel, rubber, or
aluminum.
(l) Nonpressure pipe containing recovered steel, plastic, or
cement.
(m) Roofing materials containing recovered steel, aluminum, fiber,
rubber, plastic or plastic composites, or cement.
5. In Sec. 247.16, add paragraph (l) to read as follows:
Sec. 247.16 Nonpaper office products.
* * * * *
(l) Office furniture containing recovered steel, aluminum, wood,
agricultural fiber, or plastic.
6. In Sec. 247.17, add paragraphs (h) and (i) to read as follows:
Sec. 247.17 Miscellaneous products.
* * * * *
(h) Bike racks containing recovered steel or plastic.
(i) Blasting grit containing recovered steel, coal and metal slag,
glass, plastic, or walnut shells.
[FR Doc. 01-21567 Filed 8-27-01; 8:45 am]
BILLING CODE 6560-50-P