Recovered Materials Advisory Notice IV

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)]
[Notices]
[Page 45297-45306]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28au01-62]

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ENVIRONMENTAL PROTECTION AGENCY

[SWH-FRL-7044-1]

Recovered Materials Advisory Notice IV

AGENCY: Environmental Protection Agency.

ACTION: Notice of Draft Document for Review.

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SUMMARY: The Environmental Protection Agency (EPA or the Agency) today
is providing notice of the issuance of a draft Recovered Materials
Advisory Notice (RMAN IV). The RMAN provides guidance to procuring
agencies for purchasing certain items containing recovered materials.
Under section 6002 of the Resource Conservation and Recovery Act of
1976, EPA designates items that are or can be made with recovered
materials and provides recommendations for the procurement of these
items. Elsewhere in today's Federal Register, EPA is proposing to
designate 11 items under RCRA Section 6002. EPA is proposing to
designate 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. Today's draft RMAN IV contains recommended
recovered materials content levels for these items.
Today's draft RMAN IV also includes revisions to EPA's previous
recommendations for polyester carpet issued in RMAN I (60 FR 21386, May
1, 1995). Previously, EPA designated polyester carpet for use in low-
and medium-wear applications and referenced those applications in the
RMAN. Since the issuance of EPA's designation and recommendations for
polyester carpet, the Carpet and Rug Institute (CRI) has issued new
carpet use classifications. Under CRI's new classifications, certain
applications that EPA has considered to be low- and medium-wear are now
classified as moderate- and heavy-wear applications. Therefore, today's
draft RMAN revises the recommendations for polyester carpet to
recommend its use in certain moderate- and heavy-wear applications,
such as those found in single family housing units, private offices,
and similar applications. Today's draft RMAN IV also recommends that
when procuring agencies purchase new carpet, they also consider making
arrangements to have their old carpet collected and recycled or
otherwise reused to make new carpeting.
Today's draft RMAN IV proposes revisions to EPA's previous
recommendations for railroad grade crossing surfaces by adding
recommended recovered materials content levels for railroad grade
crossing surfaces containing recovered wood and plastic. In addition,
today's draft RMAN proposes to revise EPA's previous recommendations
for consolidated and reprocessed latex paint issued in RMAN II (62 FR
60975, November 13, 1997). In RMAN II, EPA recommended that procuring
agencies refer to federal specification TT-P-2846 when purchasing
recycled paint. (See Section C-7-Latex Paint.) EPA has recently learned
that the General Services Administration (GSA) has cancelled this
specification and will replace it with commercial item description
(CID) A-A-3185. A copy of this CID will be placed in the RCRA public
docket for today's notice when it becomes available. In the final RMAN
IV, EPA intends to revise Section C-7 of the RMAN to delete reference
to federal specification TT-P-2846 and replace it with reference to CID
A-A-3185.

DATES: EPA will accept public comments on the recommendations contained
in the draft RMAN IV until October 29, 2001.

ADDRESSES: To comment on this notice, 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 (5305), Office of Solid Waste, U.S. Environmental Protection
Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW.,Washington,
DC 20460.
Documents related to today's notice 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.

[[Page 45298]]

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
recommendations, contact Terry Grist at (703) 308-7257.

SUPPLEMENTARY INFORMATION:

I. What Is the Statutory Authority for This Proposed Action?

The draft Recovered Materials Advisory Notice (RMAN IV) is issued
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 (RCRA), as amended; and 42 U.S.C. 6912(a) and 2962. EPA is also
issuing RMAN IV to comply with section 502 of Executive Order 13101,
``Greening the Government Through Waste Prevention, Recycling, and
Federal Acquisition (63 FR 49643, September 14, 1998).

II. What Is the Background for this Proposed Action?

Section 6002 of RCRA establishes a federal buy-recycled program.
RCRA section 6002(e) requires EPA to (1) designate items that are or
can be made with recovered materials and (2) prepare guidelines to
assist procuring agencies in complying with affirmative procurement
requirements set forth in paragraphs (c), (d), and (i) of section 6002.
Once EPA has designated items, section 6002 requires that any procuring
agency using appropriated federal funds to procure those items must
purchase them composed of the highest percentage of recovered materials
practicable. For the 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 RCRA 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.
Executive Order 13101 directs EPA to designate items in a
Comprehensive Procurement Guideline (CPG) and publish guidance that
contains EPA's recommended recovered content levels for the designated
items in the RMANs. The Executive Order further directs EPA to update
the CPG every 2 years and the RMANs periodically to reflect changes in
market conditions. EPA codifies the CPG designations in the Code of
Federal Regulations (CFR), but because the recommendations are
guidance, the RMANs are not codified in the CFR. This process enables
EPA to revise its recommendations in response to changes in a product's
availability or recovered materials content so as to provide timely
assistance to procuring agencies in fulfilling their RCRA section 6002
responsibilities.
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: 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. Once finalized, today's RMAN will serve as
companion guidance to the previous RMANs.
EPA, once again, wants to stress that the recommendations in RMAN
IV are just that--recommendations and guidance to procuring agencies in
fulfilling their obligations under RCRA section 6002. The designation
of an item as one that is or can be produced with recovered materials
and the inclusion of recommended content levels for an item in the RMAN
does not compel the procurement of an item when the item is not
suitable for its intended purpose. RCRA section 6002 is explicit in
this regard when it authorizes a procuring agency not to procure a
designated item which ``fails to meet the performance standards set
forth in the applicable specification or fails to meet the reasonable
performance standards of the procuring agencies.'' Section 6002(1)(B),
42 U.S.C. 6962(c)(B).
Thus, for example, in the proposal section of today's Federal
Register, EPA has proposed to designate bike racks as items that are or
can be made with recovered materials. The Agency's research shows that
these items can be made with steel or plastic containing recovered
materials. If EPA adopts the proposed designation and recommendations
for bike racks, however, the mere fact that they are available
containing recovered materials does not require the use of steel or
plastic bike racks in every circumstance. The choice of appropriate
materials may depend on state or local codes. The effect of designation
(and RCRA section 6002) is simply to require the purchase of items
containing recovered materials when consistent with the purpose for
which the item is to be used. Procuring agencies remain free to procure
designated items made from other materials where the design
specifications call for other materials. However, agencies must
affirmatively determine whether items containing recovered materials
meet their performance needs.

A. What Is the Methodology for Recommending Recovered Materials
Content Levels?

In providing guidance in the RMANs, the Executive Order directs EPA
to present ``the range of recovered materials content levels within
which the designated recycled items are currently available.'' Based on
the information available to the Agency, EPA recommends ranges that
encourage manufacturers to incorporate the maximum amount of recovered
materials into their products without compromising competition or
product performance and availability. EPA recommends that procuring
agencies use these ranges, in conjunction with their own research, to
establish minimum content standards for use in purchasing the
designated items. EPA recommends ranges rather than minimum standards
for several reasons:
First, the Executive Order directs EPA to develop ranges, not
minimum content standards or specific recovered materials levels.
Second, EPA has only limited information on recovered materials
content levels for the new items proposed for designation. It would not
be appropriate to establish minimum content standards without more
detailed information because the standards may be treated as maximum
targets by manufacturers and may stifle innovative approaches for
increasing recovered material use. EPA's expectation is that the use of
ranges will encourage manufacturers producing at the low end of the
recovered materials range to seek ways of increasing their recovered
materials usage. Minimum content standards are less likely to encourage
such innovation.

[[Page 45299]]

Third, many items are purchased locally rather than centrally. As a
result, the recovered materials content of the items are likely to vary
from region to region depending on local cost and availability of
recovered materials. Minimum content standards are unlikely to be
effective given the regional variance in recovered materials content
because minimum content levels that are appropriate for one region, may
be excessively high or low for other regions. A recovered materials
content range gives regional procuring agencies the flexibility to
establish their own recovered materials content standards and to make
them as high as possible, consistent with the statute, given local
product availability and market conditions.
EPA reviewed publicly-available information, information obtained
from product manufacturers, and information provided by other
government agencies regarding the percentages of recovered materials
available in the items proposed for designation in CPG IV. Based on
this information, EPA established ranges of recovered materials content
for the proposed designated items. In some instances, EPA recommends a
specific content level (e.g., 100 percent recovered materials), rather
than a range, because the item is universally available at that
recommended level, the item contains 100 percent recovered materials,
or that level is the maximum content currently used in that item.
In establishing the ranges, EPA's objective was to ensure the
availability of the item, while challenging manufacturers to increase
their use of recovered materials. By recommending ranges, EPA believes
that sufficient information will be provided to enable procuring
agencies to set appropriate procurement specifications when purchasing
the newly designated items.
It is EPA's intention to provide procuring agencies with the best
and most current information available to assist them in fulfilling
their statutory obligations under RCRA section 6002. To do this, EPA
will monitor the progress made by procuring agencies in purchasing
designated items with the highest practical recovered materials content
levels and will adjust the recommended content ranges as appropriate.
EPA anticipates that the recommended ranges will narrow over time as
other items become more available, although for technical reasons, many
may never be available with 100 percent recovered materials content
levels.
Under RCRA section 6002(i), it is each procuring agency's
responsibility to establish minimum content standards, while EPA
provides recommendations regarding the levels of recovered materials in
the designated items. To make it clear that EPA does not establish
minimum content standards for other agencies, EPA refers to its
recommendations as ``recovered materials content levels,'' consistent
with RCRA section 6002(e) and the Executive Order.
More information on EPA's methodology for recommending recovered
materials content levels for designated items is contained in
``Background Document for Proposed CPG IV and Draft RMAN IV,'' located
in the RCRA public docket for this notice and on EPA's CPG Web site at
www.epa.gov/cpg.

B. What Are the Definitions of Terms Used in This Proposed Action?

Today's draft RMAN IV contains recommendations on the recovered
materials content levels and postconsumer materials content levels at
which the designated items are generally available. For several items
being proposed for designation, this RMAN recommends two-part content
levels--a postconsumer recovered materials 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 solid waste management made when manufacturers use,
as feedstock, the byproducts of other manufacturing processes that
would otherwise be destined for disposal as solid waste. The terms
``recovered materials'' and ``postconsumer materials'' are defined in
40 CFR Sec. 247.3. These definitions are repeated here as a reference
for the convenience of the reader. 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 which
have been recovered or diverted from solid waste, but such term does
not include those materials and byproducts generated from, and
commonly used within an original manufacturing process.

Definitions for the 11 new items covered in this RMAN IV are
included in proposed CPG IV published in the proposed rule section of
today's Federal Register.

C. What Comments Is EPA Requesting?

EPA requests comments, including additional supporting
documentation and information, on the types of recovered materials
identified in the item recommendations, the recommended recovered and
postconsumer materials content levels, and other recommendations,
including specifications, for purchasing the designated items
containing recovered materials. EPA requests specific comments and
information on the following issues:
(1) Recently, as explained in the preamble to proposed CPG IV, the
Carpet and Rug Institute (CRI) issued new carpet-use classifications
that 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
specified by EPA in the initial polyester carpet designation in CPG I
referred to private homes that, under the new CRI classifications,
would be included in the category of ``single family housing.'' CRI's
classifications include both moderate- and heavy-use applications under
the single family housing category. Therefore, EPA, as explained in the
CPG IV, is proposing 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 is requesting comments on this proposed revision to
the designation for polyester carpet. Today's RMAN revises EPA's
previous recommendations for polyester carpet and adds recommendations
for nylon carpet and nylon carpet backing. The RMAN also recommends
that procuring agencies make provisions to recycle old carpet that is
being replaced.
(2) Whether any specifications exist or are appropriate for
passenger tires containing recovered rubber, wood or plastic railroad
grade crossing surfaces, office furniture, bike racks, or blasting
grit.
(3) EPA is aware that modular threshold ramps can be made with
recovered copper. However, it does not have any information relating to
the amount of recovered copper used in these ramps and therefore, has
not included ramps containing recovered copper in today's proposed
designation. EPA requests information on the use of

[[Page 45300]]

recovered copper in the manufacture of modular threshold ramps.
(4) EPA is aware that nonpressure pipe can be made from aluminum
that can contain recovered materials, but does not have any information
regarding the recovered content percentages. EPA requests information
on the amount of recovered aluminum that is being used in aluminum
pipe.
(5) EPA's research indicates that wood shakes and shingles, as well
as asphalt/plastic composite roofing materials can be made from
recovered materials, but it was unable to identify recovered content
percentages in these products. The Agency requests comments or
information on the use of recovered materials in wood, fiberglass, and
asphalt/plastic composite roofing materials.

III. Supporting Information and Accessing Internet

The index of supporting materials for today's draft RMAN IV is
available in the RCRA Information Center (RIC) and on EPA's CPG Web
site at www.epa.gov/cpg>. The address and telephone number of the RIC
are provided in ADDRESSES above. The index and the following supporting
materials are available on the Internet:

``Background Document for Proposed CPG IV and Draft RMAN IV,'' U.S.
EPA, Office of Solid Waste and Emergency Response, EPA530-R-01-006,
April 2001.

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 EPA's CPG Web site at
www.epa.gov/cpg.

Dated: August 21, 2001.
Christine Todd Whitman,
Administrator.

Recovered Materials Advisory Notice IV

The following represents EPA's recommendations to procuring
agencies for purchasing the items designated by EPA in the
Comprehensive Procurement Guideline IV (CPG IV), in compliance with
section 6002 of the Resource Conservation and Recovery Act (RCRA) and
Executive Order 13101. These recommendations are intended to be used in
conjunction with RMAN I (60 FR 21386, May 1, 1995), the Paper Products
RMAN (61 FR 26985, May 29, 1996), the Paper Products RMAN II (63 FR
31214, June 8, 1998), RMAN II (62 FR 60975, November 13, 1997), and
RMAN III (65 FR 3082, January 19, 2000). Refer to the previous RMANs or
the Code of Federal Regulations at 40 CFR Part 247 for definitions,
general recommendations for affirmative procurement programs, and
recommendations for previously designated items.

Contents

I. General Recommendations
II. Specific Recommendations for Procurement of Designated Items
Part B. Vehicular Products
Section B-2. (Revised) Add--Tires Containing Recovered Rubber.
Section B-4. Rebuilt Vehicular Parts.
Part C. Construction Products
Section C-3. (Revised) Add--Cement and Concrete Containing
Cenospheres and Silica Fume from Silicon or Ferrosilicon Metal
Production.
Section C-4. (Revised) Add--Nylon Carpet Facing and Nylon
Carpet Backing Containing Recovered Materials and Revised
Recommendations for Polyester Carpet.
Section C-10. (Revised) Add--Railroad Grade Crossing Surfaces
Made From Recovered Wood and Plastic.
Section C-11. Modular Threshold Ramps Containing Recovered
Steel, Aluminum, or Rubber.
Section C-12. Nonpressure Pipe Containing Recovered Steel,
Plastic, or Concrete.
Section C-14. Roofing Materials Containing Recovered Steel,
Aluminum, Fiber, Rubber, Plastic or Plastic Composites, or Cement.
Part G. Nonpaper Office Products
Section G-9. Office Furniture Containing Recovered Steel,
Aluminum, Wood, or Plastic.
Part H. Miscellaneous Products
Section H-8. Bike Racks Containing Recovered Steel or Plastic.
Section H-9. Blasting Grit Containing Recovered Steel, Coal
and Metal Slag, Glass, Plastic, or Walnut Shells.

I. General Recommendations

General recommendations for definitions, specifications, and
affirmative procurement programs can be found in the May 1, 1995 RMAN
(60 FR 21386).

II. Specific Recommendations for Procurement of Designated Items

Recommendations for purchasing previously-designated items can be
found in RMAN I (May 1, 1995); RMAN II (November 13, 1997); RMAN III
(January 19, 2000); and the Paper Products RMANs (May 29, 1996, and
June 8, 1998).

Part B--Vehicular Products

Section B-2. (Revised) Add--Tires Containing Recovered Rubber

Note: EPA previously designated retread tires in CPG I and
recommended that procuring agencies procure retread tires or
retreading services in RMAN I (60 FR 21386, May 1, 1995). EPA has
amended the original designation to include tires containing
recovered rubber.

Preference Program for Tires Containing Recovered Rubber: EPA
recommends that, based on the recovered materials content levels stated
below, procuring agencies revise their preference program to establish
minimum content standards for use in purchasing passenger tires
containing recovered rubber.
EPA recommends that procuring agencies purchase passenger
tires containing 5-10% postconsumer recovered rubber.

Note: EPA's recommendations incorporate the recommended
recovered materials content ranges in Sec. 403(b) of Executive Order
13149, ``Greening the Government Through Federal Fleet and
Transportation Efficiency'' (April 21, 2000). EPA recognizes that
tires containing recovered rubber at levels toward the high end of
this range may not be readily available, but encourages procuring
agencies to purchase tires with the highest level of recovered
rubber possible.

Specifications: EPA did not identify any specifications that would
preclude the production or procurement of passenger tires with
recovered content.
Section B-4. Rebuilt Vehicular Parts

Note: Based on EPA's research, rebuilt vehicular parts generally
contain between 60 and 95% postconsumer material. However, this
level of detail might not be readily available from distributors to
procurement officials. Therefore, EPA is not recommending a range of
recovered content.

Preference Program: EPA recommends that procuring agencies whose
vehicles (passenger vehicles as well as medium- and heavy-duty
equipment, including trucks, cranes, off-road vehicles, and military
vehicles) are serviced by a motor pool or vehicle maintenance facility
establish a program for vehicular parts rebuilding and reuse consisting
of either recovering a used vehicular part and rebuilding it, replacing
it with a rebuilt part, or contracting to have the part replaced with a
rebuilt part.
Specifications: To be labeled ``rebuilt'' or ``remanufactured,'' a
part must be processed in accordance with the FTC's ``Guides for the
Rebuilt, Reconditioned and Other Used Automotive Parts Industry,'' 16
CFR Part 20. Rebuilders must test each part for compliance with FTC
specifications and correct defects

[[Page 45301]]

as necessary. A copy of the FTC guides have been placed in the RCRA
docket for this RMAN.

Part C--Construction Products

Section C-3. (Revised) Add--Cement and Concrete Containing Cenospheres
and Silica Fume from Silicon or Ferrosilicon Metal Production

Note: EPA previously designated cement and concrete containing
coal fly ash and ground granulated blast furnace slag (GGBF) in CPG
I and recommended recovered material content ranges in RMAN I (60 FR
21386, May 1, 1995). EPA has amended the designation to add
cenospheres and silica fume from silicon or ferrosilicon metal
production as other recovered materials for use as cement and
concrete additives.

Preference Program for Cement and Concrete Containing Cenospheres
and Silica Fume from Silicon or Ferrosilicon Metal Production: EPA
recommends that, based on the recovered materials content levels stated
below, procuring agencies revise their preference program to establish
minimum content standards for use in purchasing cement and concrete
containing cenospheres and silica fume from silicon or ferrosilicon
metal production.
EPA recommends that procuring agencies revise their
procurement programs for cement and concrete or for construction
projects involving cement and concrete to allow use of cement and
concrete containing 10-15% cenospheres (by weight), as appropriate. EPA
recommends that procuring agencies specifically include provisions in
all construction contracts to allow for the use, as optional or
alternate materials, on cement or concrete that contains cenospheres,
as appropriate.
EPA recommends that procuring agencies revise their
procurement programs for cement and concrete or for construction
projects involving cement and concrete to allow use of cement and
concrete containing 5-20% silica fume (by weight), as appropriate. EPA
recommends that procuring agencies specifically include provisions in
all construction contracts to allow for the use, as optional or
alternate materials, on cement or concrete that contains silica fume,
as appropriate.
Specifications: EPA recommends that procuring agencies refer to
ASTM C-618, which covers concrete additives and enables procuring
agencies to buy concrete containing cenospheres of a standard quality.
EPA recommends that procuring agencies refer to the following
national specifications and guidelines, which enable procuring agencies
to buy high-performance concrete containing silica fume of a standard
quality, when purchasing cement and concrete with silica fume: 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.
A copy of these specifications have been placed in the RCRA public
docket for this RMAN.
Section C-4. (Revised) Add--Nylon Carpet Facing and Nylon Carpet
Backing Containing Recovered Materials and Recommendations for
Polyester Carpet

Note: On May 1, 1995, EPA issued a final designation for
polyester carpet containing recovered materials in CPG I (60 FR
21370). EPA has amended the designation to revise the polyester
carpet designation to reference the new Carpet and Rug Institute
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.

Today's RMAN revises EPA's previous recommendations for polyester
carpet and adds recommendations for nylon carpet and nylon carpet
backing. The RMAN also recommends that procuring agencies make
provisions to recycle old carpet that is being replaced.
Preference Program: EPA recommends that, based on the recovered
materials content levels shown in Table C-4 (Revised), procuring
agencies establish minimum content standards for use in purchasing
polyester carpet for moderate- and heavy-wear applications such as
those found in single-family housing units, private offices, and
similar applications and for nylon carpet with recovered material fiber
facing and/or nylon carpet backing. For polyester carpet, this
recommendation does not include polyester carpet for severe-wear or
commercial-type applications.
For nylon carpet, the recommended recovered materials content
levels would also include fiber facing that has been recycled or
otherwise renewed through processes that remove, retexture, and recolor
the carpeting. EPA also recommends that when procuring agencies
purchase new carpeting, they make provisions to have their old
carpeting collected, removed, and recycled or otherwise reused to make
a new carpet product.

Table C-4 (Revised).--Recommendations for Polyester Carpet and Recommended Recovered Materials Content Levels
for Nylon Carpet Facing and Nylon Carpet Backing
----------------------------------------------------------------------------------------------------------------
Total
Postconsumer recovered
Product Material content (%) materials
content (%)
----------------------------------------------------------------------------------------------------------------
Polyester carpet face fiber................... PET............................. 25-100 25-100
Nylon carpet face fiber....................... Old carpets..................... 1-100 25-100
Nylon carpet backing.......................... Vinyl........................... 35-70 100
----------------------------------------------------------------------------------------------------------------
Notes: EPA's recommendations do not preclude a procuring agency from purchasing carpet made from other materials
such as acrylic or wool. They simply require that procuring agencies, when purchasing nylon carpet, purchase
it with recovered materials in either the fiber facing or the backing, or both, when it meets applicable
specifications and performance requirements and when purchasing polyester carpet, purchase it with recovered
materials in the fiber facing when it meets applicable specifications and performance requirements.

The nylon carpet recommendations would also include ``renewed''
nylon carpet, which is cleaned, retextured, recolored, or otherwise
reused to produce a new nylon carpet product.
Specifications: Procuring agencies should refer to the Carpet and
Rug Institute's table entitled ``Use Classification by End-Use
Application'' for a complete listing of CRI's recommended carpet
applications. A copy of this table has been placed in the public docket
for this RMAN.
While numerous carpet specifications exist, the members of the
carpet industry do not utilize any universal standards. Specifications
vary and are

[[Page 45302]]

determined based on the particular factors of the installation. The
project's designer, architect, general contractor, and/or facility
manager typically decide the specifications. Some procuring agencies,
such as the Department of the Army and the Department of Housing and
Urban Development, have developed their own specifications for end-use
carpet applications. These specifications should be readily available
to procurement officials in those agencies.
Section C-10. (Revised) Add--Railroad Grade Crossing Surfaces
Containing Recovered Wood and Plastic

Note: EPA previously designated railroad grade crossing surfaces
containing recovered content concrete, rubber, and steel (65 FR
3070).

Preference Program for Railroad Grade Crossing Surfaces Containing
Recovered Wood and Plastic: EPA recommends that, based on the recovered
materials content levels shown in Table C-10a (Revised), procuring
agencies revise their procurement programs for railroad grade crossing
surfaces to allow the use of recovered wood and plastic railroad grade
crossing surfaces.

Table C-10a (Revised).--Recommended Recovered Materials Content Levels for Wood and Plastic Railroad Grade
Crossing Surfaces
----------------------------------------------------------------------------------------------------------------
Total
Postconsumer recovered
Surface material Recovered material content (%) materials
content (%)
----------------------------------------------------------------------------------------------------------------
Wood.......................................... Wood or wood composite.......... 90-97 90-97
Plastic....................................... Plastic or plastic composite.... 85-95 100
----------------------------------------------------------------------------------------------------------------
Notes: Railroad grade crossing surfaces made from recovered wood may also contain other recovered materials such
as plastics. The percentages of these materials contained in the product would also count toward the recovered
materials content level of the item.
Railroad grade crossing surfaces made from recovered plastics may also contain other recovered materials such as
auto shredder residue, which contains a mix of materials. The percentages of these materials contained in the
product would also count toward the recovered materials content level of the item.

Specifications: EPA has not identified any industry specifications
or standards for wood or plastic railroad grade crossing surfaces.
Section C-11. Modular Threshold Ramps Containing Recovered Steel,
Aluminum, or Rubber
Preference Program: EPA recommends that, based on the recovered
materials content levels shown in Table C-11, procuring agencies
establish minimum content standards for use in purchasing modular
threshold ramps containing recovered materials.

Table C-11.--Recommended Recovered Materials Content Levels for Modular
Threshold Ramps Containing Recovered Steel, Aluminum, and Rubber
------------------------------------------------------------------------
Total
Postconsumer recovered
Material content (%) material
content (%)
------------------------------------------------------------------------
Steel................................... 16-67 25-100
Aluminum................................ .............. 10
Rubber.................................. 100 100
------------------------------------------------------------------------
Notes: A final designation would not preclude a procuring agency from
purchasing threshold ramps made from another material. It simply
requires that a procuring agency, when purchasing steel, aluminum, or
rubber threshold ramps, purchase these items made with recovered
materials when they meet applicable specifications and performance
requirements.
The recommended recovered materials content levels for steel in this
table reflect the fact that the designated items can be made from
steel manufactured in either a Basic Oxygen Furnace (BOF) or an
Electric Arc Furnace (EAF). Steel from the BOF process contains 25%-
30% total recovered steel, of which, 16% is postconsumer steel. Steel
from the EAF process contains a total of 100% recovered steel, of
which, 67% is postconsumer steel. In addition, threshold ramps can be
made from a combination of BOF and EAF steel which, according to
industry sources, would result in a steel with 25%-85% total recovered
steel content, of which 16%-67% would be postconsumer steel.

Specifications: Although the federal government is not governed by
ADA, the Access Board's ADA standards are more current than the UFAS
and are therefore generally used by federal facilities. According to
the ``Americans with Disabilities Act Accessibility Guidelines for
Buildings and Facilities' (28 CFR Part 36), published in the Federal
Register, July 26, 1991, ground and floor surfaces along accessible
routes and in accessible rooms and spaces including floors, walks,
ramps, stairs, and curbramps, must be stable, firm, and slip-resistant.
The guidelines do not define what is meant by ``stable, firm, and slip-
resistant,'' but the Access Board recommends static coefficient of
friction values of 0.8 for ramps and 0.6 for accessible routes.
Section C-12. Nonpressure Pipe Containing Recovered Steel, Plastic, or
Concrete
Preference Program: EPA recommends that, based on the recovered
materials content levels shown in Table C-12a, procuring agencies
establish minimum content standards for use in purchasing nonpressure
pipe containing recovered materials.

[[Page 45303]]

Table C-12a.--Recommended Recovered Materials Content Levels for
Nonpressure Pipe Containing Recovered Steel, Plastic, and Concrete
------------------------------------------------------------------------
Total recovered
Material Postconsumer materials content
content (%) (%)
------------------------------------------------------------------------
Steel........................ 16 25-30
67 100
HDPE......................... 100 100
PVC.......................... 5-15 25-100
Cement....................... Refer to cement and concrete
recommendations in C-3 of the RMAN.
------------------------------------------------------------------------
Notes: 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.
The recommended recovered materials content levels for steel in this
table reflect the fact that the designated item can be made from steel
manufactured in either a Basic Oxygen Furnace (BOF) or an Electric Arc
Furnace (EAF). Steel from the BOF process contains 25%-30% total
recovered steel, of which, 16% is postconsumer steel. Steel from the
EAF process contains a total of 100% recovered steel, of which, 67% is
postconsumer steel.

Specifications: EPA recommends that procuring agencies refer to the
following tables C-12b, C-12c, C-12d, and C-12e when purchasing
nonpressure pipe containing recovered materials. For additional
guidelines see the ``Background Document for Proposed CPG IV and Draft
RMAN IV,'' which can be found in the RCRA public docket.

Table C-12b.--ASTM Plastic Pipe Specifications
------------------------------------------------------------------------

-------------------------------------------------------------------------
F1960, Standard Specification for Co-extruded Poly(Vinyl Chloride) (PVC)
Non-Pressure Plastic Pipe Having Reprocessed Recycled Content.
F1732, Standard Specification for Poly(Vinyl Chloride) (PVC) Sewer and
Drain Pipe Containing Recycled PVC Material.
D1248, Standard Specification for Polyethylene Plastics Molding and
Extrusion Materials.
F810, Smooth wall Polyethylene (PE) Pipe for Use in Drainage and Waste
Absorption Fields.
F405, Standard Specification for Corrugated Polyethylene (PE) Tubing and
Fittings.
F512, Standard Specification for Poly(Vinyl Chloride) (PVC) Conduit and
Fittings for Underground Installation.
F667, Standard Specification for Large Diameter Corrugated Polyethylene
Tubing and Fittings.
F949, Standard Specification for Poly(Vinyl Chloride (PVC) Corrugated
Sewer Pipe With a Smooth Interior and Fittings.
D2665, Standard Specification for Poly(Vinyl Chloride) (PVC) Plastic
Drain, Waste, and Vent Pipe and Fittings.
D3034, Standard Specification for Type PSM Poly(Vinyl Chloride) (PVC)
Sewer Pipe and Fittings.
D2239, Standard Specifications for Polyethylene (PE) Plastic Pipe (SIDR-
PR) Based on Controlled Inside Diameter.
D2447, Standard Specification for Polyethylene (PE) Plastic Pipe
Schedules 40 and 80, Based on Controlled Outside Diameters.
D2729-96a, Standard Specification for Poly (Vinyl Chloride) (PVC) Sewer
Pipe and Fittings.
D3035, Standard Specification for Polyethylene (PE) Plastic Pipe (DR-PR)
Based on Controlled Outside Diameter.
D4976, Standard Specification for Polyethylene Plastic Molding and
Extrusion Materials.
D3350, Standard Specification for Polyethylene Plastic Pipe and Fitting
Materials.
D4396, Standard Specification for Rigid Poly(Vinyl) (PVC) and
Chlorinated Poly (Vinyl Chloride) (CPVC) Compounds for Plastic Pipe and
Fittings Used in Nonpressure Applications.
F810, Standard Specification for Smooth wall Polyethylene (PE) Pipe for
Use in Drainage and Waste Disposal Absorption Fields.
F405, Standard Specification for Corrugated Polyethylene (PE) Tubing and
Fittings.
F1970, Standard Specification for Special Engineered Fittings or
Appurtenances for Use in Poly Vinyl (Chloride) (PVC) or Chlorinated
Poly(Vinyl Chloride) (CPVC) Systems.
------------------------------------------------------------------------
Note: ASTM Committee C13 on Concrete Pipe is responsible for the
formulation and review of specifications, test methods and definitions
for concrete pipe and develops and reviews practices and guides
covering design, installation, testing, economic evaluation, and
performance of concrete pipe systems. While the previous ceiling on
fly ash content had been set at 25 percent, in 1999, ASTM Committee
C13 removed all limitations on fly ash content in pipe.

Table C-12c.--ASTM Concrete Pipe Specifications
------------------------------------------------------------------------

-------------------------------------------------------------------------
C14-99, Standard Specification for Concrete Sewer, Storm Drain, and
Culvert Pipe.
C118-99, Standard Specification for Concrete Pipe for Irrigation or
Drainage.
C412-99, Standard Specification for Concrete Drain Tile.
C444-95, Standard Specification for Perforated Concrete Pipe.
C505-99a, Standard Specification for Nonreinforced Concrete Irrigation
Pipe With Rubber Gasket Joints.
C654-99, Standard Specification for Porous Concrete Pipe.
C76-99, Standard Specification for Reinforced Concrete Culvert, Storm
Drain, and Sewer Pipe.
C506-99, Standard Specification for Reinforced Concrete Arch Culvert,
Storm Drain, and Sewer Pipe.
C507-99, Standard Specification for Reinforced Concrete Elliptical
Culvert, Storm Drain, and Sewer Pipe.
C478-97, Standard Specification for Precast Reinforced Concrete Manhole
Sections.
------------------------------------------------------------------------

Table C-12d.--ASTM and AASHTO Specifications for Steel Pipe
----------------------------------------------------------------------------------------------------------------
Material Description AASHTO specifications ASTM specifications
----------------------------------------------------------------------------------------------------------------
Zinc Coated Sheets and Coils...... Steel base metal* with 610 M-218 A929M
g/m2 (2 oz/ft2) zinc
coating.

[[Page 45304]]

Polymer Coated Sheets and Coils... Polymer coatings applied M-246 A742M
to sheets* and coils*
9.25 mm (0.010 in.)
thickness each side.
Fiber Bonded Coated Coils......... Steel base metal with zinc ....................... A885
coating and fibers
pressed into the zinc
while molten to form
fiber bonded coating.
Aluminum Coated................... Steel base metal* coated M-274 A929M
with 305 g/m2 (1 oz/ft2)
of pure aluminum.
Sewer and Drainage Pipe........... Corrugated pipe fabricated ....................... .......................
from any of the above
sheets or coils. Pipe is
fabricated by corrugating
continuous coils into
helical ``from with
lockseam or welded seam,
or by'' rolling annular
corrugated mill sheets
and riveting seams:
Galvanized corrugated M-36 A760M
steel pipe.
Polymeric pre-coated sewer M-245 A762M
and drainage pipe.
Fiber bonded impregnated ....................... A760M
corrugated steel pipe.
Aluminized corrugated M-36 A760M
steel pipe.
Structural plate pipe..... M-167 A761M
Asphalt Coated Steel Sewer Pipe... Corrugated steel pipe of M-190 A849
any of the types shown A862
above with a 1.3 mm
(0.0050 in.) high purity
asphalt cover.
Invert Paved Steel Sewer Pipe..... Corrugated steel pipe of M-190 A849
any one for the types A862
shown above with an
asphalt pavement poured
in the invert to cover
the corrugation by 3.2 mm
(1/8 in.).
Fully Lined Steel................. With an internal asphalt M-190 A849
lining centrifugally spun A862
in place.
Corrugated steel pipe with M-36 A760M
a single thickness of
smooth sheet fabricated
with helical ribs
projected outward.
With an internal concrete M-36 A760M
lining in place.
Corrugated steel pipe with M-36 A760M
a smooth steel linter
integrally formed with
the corrugated shell.
Cold Applied Bituminous Coatings.. Fibrated mastic or coat M-243 A849
tar base coatings of
various viscosities for
field or shop coating of
corrugated pipe or
structural plate.
Gaskets and Sealants.............. Standard O-ring gasket.... ....................... D1056
Gasket strips, butyl or C361
neoprene.
----------------------------------------------------------------------------------------------------------------
Notes: * Yield point 0230Mpa (33ksi) min.; tensile strength --310Mpa (45 ksi) min.; Elongation (50 mm/2 in.)--
20% min.
AASHTO pipe specifications restrict the use of recycled plastic through the reference to ``rework'' material.
Specifications referenced by those who commented in 1994 are listed in Table C-12e. AASHTO's specifications
are updated annually.

Table C-12e.--American Association of State Highway and Transportation
Officials Pipe Specifications (1994)
------------------------------------------------------------------------

-------------------------------------------------------------------------
M252-93, Corrugated Polyethylene Drainage Tubing.
M294-93, Corrugated Polyethylene Pipe.
M278, Class PS 46 Polyvinyl Chloride (PVC) Pipe.
Section 18, Standard Specifications for Highway Bridges.
------------------------------------------------------------------------

Section C-14. Roofing Materials Containing Recovered Steel, Aluminum,
Fiber, Rubber, Plastic or Plastic Composites, or Cement
Preference Program: EPA recommends that, based on the recovered
materials content levels shown in Table C-14, procuring agencies
establish minimum content standards for use in purchasing or procuring
roofing materials or services. EPA's research indicates that wood
shakes and shingles as well as asphalt/plastic composite roofing
materials can be made from recovered materials, but we were unable to
identify recycled-content percentages in these products.

Table C-14.--Recommended Recovered Materials Content Levels for Roofing
Materials Containing Steel, Aluminum, Fiber, Rubber, Plastic or Plastic
Composites, or Cement
------------------------------------------------------------------------
Total recovered
Material Postconsumer materials content
content (%) (%)
------------------------------------------------------------------------
Steel........................ 16 25--30
67 100
Aluminum..................... 20-95 20-95
Fiber (felt)................. 66-100 100
Rubber....................... 12-100 100
Plastic or Plastic/Rubber 100 100
Composite.
Wood/Plastic Composite....... .................... 100
Cement....................... Refer to cement and concrete
recommendations in C-3 of the RMAN.
------------------------------------------------------------------------
Notes: 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, wood, or cement roofing materials,
purchase these items made with recovered materials when these items
meet applicable specifications and performance requirements.

[[Page 45305]]

The recommended recovered materials content levels for steel in this
table reflect the fact that the designated item can be made from steel
manufactured in either a Basic Oxygen Furnace (BOF) or an Electric Arc
Furnace (EAF). Steel from the BOF process contains 25%-30% total
recovered steel, of which, 16% is postconsumer steel. Steel from the
EAF process contains a total of 100% recovered steel, of which, 67% is
postconsumer steel.

Specifications: EPA recommends that procuring agencies refer to the
186 standards for roofing products maintained by ASTM's Committee D08
on Roofing, Waterproofing, and Bituminous Materials. The
specifications, however, do not discuss use of recovered materials, nor
do they preclude the use of recovered materials.

Part G. Nonpaper Office Products

Section G-9. Office Furniture Containing Recovered Steel, Aluminum,
Wood, Agricultural Fiber, and Plastic
Preference Program: EPA recommends that, based on the recovered
materials content levels shown in Table G-9, procuring agencies
establish minimum content standards for use in purchasing office
furniture with recovered materials, including remanufactured or
refurbished office furniture.

Table G-9.--Recommended Recovered Materials Content Levels for Office Furniture
----------------------------------------------------------------------------------------------------------------
Total
Postconsumer recovered
Product Material content (%) materials
content (%)
----------------------------------------------------------------------------------------------------------------
Furniture structure........................... Steel........................... 16 25-30
Furniture structure........................... Aluminum........................ .............. 75-100
Particleboard/Fiberboard component............ Wood composite.................. 1-50 80-100
Agricultural fiber.............. 100
Fabric........................................ PET............................. 100 100
Plastic furniture component................... HDPE............................ 70-75 95
Remanufactured or Refurbished Furniture....... Various......................... 25-75 25-75
----------------------------------------------------------------------------------------------------------------
Notes: A final designation would not preclude a procuring agency from purchasing office furniture manufactured
from another material. It simply requires that a procuring agency, when purchasing office furniture made from
steel, aluminum, wood, agricultural fiber, or plastic, purchase these items made with recovered materials when
these items meet applicable specifications and performance requirements, or procure office furniture that has
been remanufactured or refurbished.
The recommended recovered materials content levels for steel in this table reflect the fact that the designated
item is generally made from steel manufactured in a Basic Oxygen Furnace (BOF). Steel from the BOF process
contains 25%-30% total recovered steel, of which, 16% is postconsumer steel.
Particleboard and fiberboard used in the wood components of office furniture may also contain other recovered
cellulosic materials, including, but not limited to, paper, wheat straw, and bagasse. The percentages of these
materials contained in the product would also count toward the recovered materials content level of the item.

Specifications: EPA did not identify any standards or
specifications that would preclude government agencies from purchasing
office furniture with recovered materials content or remanufactured or
refurbished office furniture. GSA requires that remanufactured
furniture meet the same Underwriters Laboratories, ASTM, and Business
and Institutional Furniture Manufacturer's Association standards and
fire codes (Boston and California) as new furniture.

Part H. Miscellaneous Products

Section H-8. Bike Racks Containing Recovered Steel or Plastic
Preference Program: EPA recommends that, based on the recovered
materials content levels shown in Table H-8, procuring agencies
establish minimum content standards for use in purchasing bike racks.

Table H-8.--Recommended Recovered Materials Content Levels for Bike
Racks
------------------------------------------------------------------------
Total
Postconsumer recovered
Material content (%) materials
content (%)
------------------------------------------------------------------------
Steel................................... 16 25-30
HDPE.................................... 100 100
------------------------------------------------------------------------
Notes: 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 materials when they
meet applicable specifications and performance requirements.
The recommended recovered materials content levels for steel in this
table reflect the fact that the designated item is generally made from
steel manufactured in a Basic Oxygen Furnace (BOF). Steel from the BOF
process contains 25%-30% total recovered steel, of which, 16% is
postconsumer steel.

Specifications: EPA did not identify any industry standards or
specifications that would preclude the use of recovered materials in
bike racks.
Section H-9. Blasting Grit Containing Recovered Steel, Coal and Metal
Slag, Glass, Plastic, and Walnut Shells
Preference Program: EPA recommends that, based on the recovered
materials content levels shown in Table H-9, procuring agencies
establish minimum content standards for use in purchasing blasting grit
containing recovered materials.

[[Page 45306]]

Table H-3.--Recommended Recovered Materials Content Levels for Blasting
Grit
------------------------------------------------------------------------
Total
Postconsumer recovered
Material content (%) materials
content (%)
------------------------------------------------------------------------
Steel................................... 16--67 25--100
Coal Slag............................... .............. 100
Copper and Nickel Slag.................. .............. 100
Glass................................... 100 100
Glass/Plastic........................... 20 100
Walnut Shells........................... .............. 100
------------------------------------------------------------------------
Notes: 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 made
from steel, coal and metal slag, glass, plastic, or walnut shells,
purchase this item made with recovered materials when it meets
applicable specifications and performance requirements.
The recommended recovered materials content levels for steel in this
table reflect the fact that the designated item can contain steel
manufactured in either a Basic Oxygen Furnace (BOF) or an Electric Arc
Furnace (EAF). Steel from the BOF process contains 25%--30% total
recovered steel, of which, 16% is postconsumer steel. Steel from the
EAF process contains a total of 100% recovered steel, of which, 67% is
postconsumer steel. In addition, blasting grit can be made from a
combination of BOF and EAF steel which, according to industry sources,
would result in a steel with 25%--85% total recovered steel content,
of which 16%--67% would be postconsumer steel.

Specifications: EPA did not find any specifications that would
preclude the use of recovered materials in blasting grit. EPA
recommends that procuring agencies exercise OSHA or other required
standard safety practices when using blasting grit, particularly when
using blasting grit containing slag materials.

[FR Doc. 01-21568 Filed 8-27-01; 8:45 am]
BILLING CODE 6560-50-P

Notices For
2009
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
1994

Recovered Materials Advisory Notice IV

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