![[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: November 7, 1996 (Volume 61, Number 217)]
[Proposed Rules]
[Page 57747-57759]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[[Page 57748]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 247
[SWH-FRL-5628-4]
RIN 2050-AE23
Comprehensive Guideline for Procurement of Products Containing
Recovered Materials
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency today is proposing an
amendment to the May 1, 1995 Comprehensive Procurement Guideline (CPG).
EPA is designating 13 new items that are or can be made with recovered
materials. These items include shower and restroom dividers; latex
paint; parking stops; channelizers; delineators; flexible delineators;
snow fencing; garden and soaker hoses; lawn and garden edging; printer
ribbons; ink jet cartridges; plastic envelopes; and pallets. In
addition, this action clarifies EPA's previous designation of floor
tiles, structural fiberboard, and laminated paperboard as items that
can be made with recovered materials.
The CPG implements a section of the Resource Conservation and
Recovery Act (RCRA). This section requires EPA to designate items that
are or can be produced with recovered materials and to recommend
practices for the procurement of designated items by procuring
agencies. Once EPA designates an item, RCRA requires any procuring
agency using appropriated Federal funds to procure that item to
purchase it with the highest percentage of recovered materials
practicable. Today's proposed action will foster markets for materials
recovered from solid waste by using government purchasing power to
stimulate the use of these materials in the manufacture of new
products.
Today's proposed amendment also includes the procurement
limitations set forth in RCRA on competition, price, availability, and
performance. These limitations describe the circumstances in which
procurement of designated items is not required. They were
inadvertently omitted from the May 1, 1995 CPG.
DATES: EPA will accept public comments on this proposed rule until
February 5, 1997.
ADDRESSES: To comment on this proposal, please send an original and two
copies of comments to: RCRA Information Center (5305W), U.S.
Environmental Protection Agency, 401 M Street, SW., Washington, DC
20460. Please place the docket number F-96-CP2P-FFFFF on your comments.
If any information is confidential, it should be identified as
such. An original and two copies of Confidential Business Information
(CBI) must be submitted under separate cover to: Document Control
Officer (5305W), Office of Solid Waste, U.S. Environmental Protection
Agency, 401 M Street, SW., Washington, DC 20460.
Documents related to today's proposal are available for viewing at
the RCRA Information Center (RIC), located at: U.S. Environmental
Protection Agency, 1235 Jefferson Davis Highway, Ground Floor, Crystal
Gateway One, Arlington, VA 22202. The RIC is open from 9 a.m. to 4 p.m.
Monday through Friday, except for Federal holidays. The public must
make an appointment to review docket materials. Call (703) 603-9230 for
appointments. Copies cost $.15 per page.
FOR FURTHER INFORMATION CONTACT: For general information contact the
RCRA Hotline at (800) 424-9346 or, in the Washington, D.C. area at
(703) 412-9810. For technical information on individual item
designations, contact the following EPA staff: Construction,
landscaping, transportation, and park and recreation products'Terry
Grist, (703) 308-7257; Non-paper office products--Janice Johnson, (703)
308-7280; Vehicular and miscellaneous products--Sue Nogas, (703) 308-
7251; Paper and paper products--Dana Arnold, (703) 308-7279. For all
other technical information, contact Terry Grist at (703) 308-7257.
SUPPLEMENTARY INFORMATION:
Regulated Entities
This action may potentially affect those procuring agencies that
purchase the following: shower and restroom dividers, latex paint,
floor tiles, structural fiberboard, laminated paperboard, parking
stops, temporary traffic control devices, snow fencing, garden and
soaker hose, lawn and garden edging, printer ribbons, ink jet
cartridges, plastic envelopes, or pallets. 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
person listed in the preceding FOR FURTHER INFORMATION CONTACT section.
Preamble Outline
I. Authority
II. Background
A. Criteria for Selecting Items for Designation
B. Request for Comments
C. Additional Information
III. Procurement Limitations of RCRA Section 6002
IV. Clarification of Floor Tiles, Structural Fiberboard and
Laminated Paperboard Designations
A. Floor Tiles
B. Structural Fiberboard and Laminated Paperboard
V. Definitions
VI. Construction Products
A. Shower and Restroom Dividers
1. Background
2. Rationale for Designation
[[Page 57749]]
B. Latex Paint
1. Background
2. Rationale for Designation
VII. Transportation Products
A. Parking Stops
1. Background
2. Rationale for Designation
B. Temporary Traffic Control Devices
1. Background
2. Rationale for Designation
VIII. Park and Recreation Products
A. Snow Fencing
1. Background
2. Rationale for Designation
IX. Landscaping Products
A. Garden and Soaker Hoses
1. Background
2. Rationale for Designation
B. Lawn and Garden Edging
1. Background
2. Rationale for Designation
X. Non-Paper Office Products
A. Printer Ribbons
1. Background
2. Rationale for Designation
B. Ink Jet Cartridges
1. Background
2. Rationale for Designation
C. Plastic Envelopes
1. Background
2. Rationale for Designation
XI. Miscellaneous Products
A. Pallets
1. Background
2. Rationale for Designation
XII. Designated Item Availability
XIII. Economic Impact Analysis
A. Requirements of E.O. 12866
1. Summary of Costs
2. Product Cost
3. Summary of Benefits
B. Unfunded Mandates Reform Act of 1995 and Consultation with
State, Local, and Tribal Governments
C. Impacted Entities
D. Regulatory Flexibility Act and Small Business Regulatory
Enforcement Fairness Act
XIV. Supporting Information and Accessing Internet
I. Authority
This guideline is proposed under the authority of sections 2002(a)
and 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act of 1976, as amended, 42 U.S.C. 6912(a)
and 6962, and section 502 of Executive Order 12873, Federal
Acquisition, Recycling, and Waste Prevention'' (58 FR 54911, October
22, 1993).
II. Background
Section 6002(e) of the Resource Conservation and Recovery Act of
1976 (RCRA or the Act) requires EPA to designate items that are or can
be made with recovered materials and to recommend practices to assist
procuring agencies in meeting their obligations with respect to
designated items under RCRA section 6002. After EPA designates an item,
RCRA requires that each procuring agency, when purchasing a designated
item, must purchase that item composed of the highest percentage of
recovered materials practicable.
Executive Order 12873 (Executive Order) establishes the procedure
for EPA to follow in implementing RCRA section 6002(e). Section 502 of
the Executive Order directs EPA to issue a Comprehensive Procurement
Guideline (CPG) that designates items that are or can be made with
recovered materials. Concurrent with the CPG, EPA must publish its
recommended procurement practices for purchasing designated items,
including recovered materials content levels, in a related Recovered
Materials Advisory Notice (RMAN). The Executive Order also directs EPA
to update the CPG annually and to issue RMANs periodically to reflect
changing market conditions. The CPG was published on May 1, 1995 (60 FR
21370). It established eight product categories, designated 19 new
items, and consolidated five earlier item designations.
Today, EPA is clarifying the previous designations for floor tiles,
structural fiberboard, and laminated paperboard, and is also proposing
to designate 13 additional items. The items proposed for designation
are listed below under their associated product category.
Construction Products
Floor tiles (clarification)
Structural Fiberboard and Laminated Paperboard (clarification)
Shower and restroom dividers
Latex paint
Transportation Products
Parking stops
Channelizers
Delineators
Flexible delineators
Park and Recreation Products
Snow fencing
Landscaping Products
Garden and soaker hoses
Lawn and garden edging
Non-Paper Office Products
Printer ribbons
Ink jet cartridges
Plastic envelopes
Miscellaneous
Pallets
A. Criteria for Selecting Items for Designation
While not limiting consideration to these criteria, RCRA section
6002(e) requires EPA to consider the following when determining which
items it will designate:
(1) Availability of the item;
(2) Potential impact of the procurement of the item by procuring
agencies on the solid waste stream;
(3) Economic and technological feasibility of producing the item;
and
(4) Other uses for the recovered materials used to produce the
item.
EPA also consulted with Federal procurement and requirement
officials to identify other criteria to consider when selecting items
for designation. Based on these discussions, the Agency concluded that
the limitations set forth in RCRA section 6002(c) should also be
factored into its selection decisions. This provision requires each
procuring agency that procures an item designated by EPA to procure the
item composed of the highest percentage of recovered materials
practicable, while maintaining a satisfactory level of competition. A
procuring agency, however, may decide not to procure an EPA-designated
item containing recovered materials if it determines: (1) The item is
not reasonably available within a reasonable period of time; (2) the
item fails to meet the performance standards set forth in the agency's
specification; or (3) the item is available only at an unreasonable
price.
EPA recognized that the above criteria limit the conditions under
which procuring agencies must purchase EPA-designated items with
recovered materials content, and, thereby, could limit the potential
impact of an individual item designation. (The limitations of 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. 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, ``Comprehensive
Procurement Guideline (CPG) II--Supporting Analyses.'' 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 floor tiles, the
Agency designated broad categories of items and provided information in
the RMAN as to their appropriate applications or uses. For other items,
such as plastic trash bags, EPA designated specific items, and, in some
instances, included in the designation the specific types of recovered
materials or applications to which the designation applies. The
[[Page 57750]]
Agency explained these approaches to designating items in the preamble
to the CPG (60 FR 21373, May 1, 1995).
EPA sometimes had information on the availability of a
particular item made with a specific recovered material (e.g.,
plastic), but no information on the availability of the item made
from a different recovered material or any indication that it is
possible to make the item with a different recovered material. In
these instances, EPA concluded that it was appropriate to include
the specific material in the item designation in order to provide
vital information to procuring agencies as they seek to fulfill
their obligations to purchase designated items composed of the
highest percentage of recovered materials practicable. This
information enables the agencies to focus their efforts on products
that are currently available for purchase, reducing their
administrative burden. EPA also included information in the proposed
CPG, as well as in the draft RMAN that accompanied the proposed CPG,
that advised procuring agencies that EPA is not recommending the
purchase of an item made from one particular material over a similar
item made from another material. For example, EPA included the
following statement in the preamble discussion for plastic desktop
accessories (59 FR 18879, April 20, 1994): This designation does not
preclude a procuring agency from purchasing desktop accessories
manufactured from another material, such as wood. It simply requires
that a procuring agency, when purchasing plastic desktop
accessories, purchase these accessories made with recovered
materials. * * *''
The Agency understands that some procuring agencies may believe
that the designation of a broad category of items in the 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 CPG and the
RMAN. RCRA section 6002 does not require a procuring agency to purchase
items with recovered materials content that are not available or that
do not meet a procuring agency's specifications or reasonable
performance standards for the contemplated use. Further, section 6002
does not require a procuring agency to purchase such items if the item
with recovered materials content is only available at an unreasonable
price or the purchase of such item is inconsistent with maintaining a
reasonable level of competition. However, EPA stresses that, when
procuring any product for which a recovered materials alternative is
available that meets the procuring agency's performance needs, if all
other factors are equal, the procuring agency should seek to purchase
the product made with highest percentage of recovered materials
practicable.
The items proposed for designation today have all been evaluated
with respect to the EPA's criteria. Details of these evaluations are
discussed in Sections VI-XI of the ``Supporting Analyses'' background
document. Sections VI-XI of this action provide a summary of EPA's
rationale for designating these items.
B. Request for Comments
EPA requests comments and information throughout this preamble. In
general, the Agency is requesting comments on: (1) The items selected
for designation and (2) the accuracy of the information presented in
the discussions of the basis of the item designations. Requests for
specific comments and information are included in the narrative
discussions for each of the designated items, which follow in sections
VI through XI.
EPA also is requesting comment on the draft RMAN. The RMAN can be
found in the notice section of today's Federal Register. It recommends
recovered materials content levels and procurement methods for each of
the items EPA proposes to designate today.
C. Additional Information
For additional background information, including information on
RCRA requirements, Executive Order directives, the criteria and
methodology for selecting the proposed designated items, and a list of
other items considered for designation, please consult ``Comprehensive
Procurement Guideline (CPG) II--Supporting Analyses.'' Information on
obtaining this background document is provided in the section XIV,
Supporting Information and Internet Access.
III. Procurement Limitations of RCRA Section 6002
In the May 1, 1995 CPG, the Agency amended 40 CFR 247.2 to include
the RCRA provisions on the applicability of the guidelines to procuring
agencies. (See 60 FR 21381.) In that amendment, EPA inadvertently
failed to include the statutory limitations set forth in section
6002(c)(1) (A) through (C). These provisions authorize a procuring
agency to decide not to purchase EPA designated items with recovered
materials based on the following determinations:
1. The agency is unable to secure a satisfactory level of
competition;
2. The item is not reasonably available within a reasonable
period of time;
3. The item fails to meet the reasonable performance standards
set forth in the agency's specification; and
4. The item is available only at an unreasonable price.
Today, in Sec. 247.2(d), EPA is proposing to add the procurement
limitations set forth in RCRA section 6002(c)(1) (A) through (C) which
were inadvertently omitted in the May 1, 1995 CPG.
IV. Clarification of Floor Tiles, Structural Fiberboard and Laminated
Paperboard Designations
In the May 1, 1995 CPG, EPA designated floor tiles, structural
fiberboard, and laminated paperboard and, in the RMAN, provided
recommendations, including recovered materials content levels for these
items. Since that publication, EPA has learned that there may be some
confusion on the part of procuring agencies as to their obligation to
purchase these items for specific applications. In fact, the Agency
received inquiries regarding the requirements to purchase floor tile
and structural fiberboard for use as acoustical ceiling tile. Based on
these inquiries, the Agency concluded that it should clarify the
obligations of procuring agencies with respect to these items. The
Agency soon will publish an action further clarifying these issues.
A. Floor Tiles
In the CPG, EPA designated 19 items that are, or can be, produced
with recovered materials content, including floor tiles and patio
blocks containing recovered rubber or plastic (40 CFR 247.12(e)). The
Agency designated these items as broad categories of items,
encompassing many different applications. In the RMAN, however, the
Agency recommended that procuring agencies purchase floor tiles with
specified minimum recovered rubber or plastic content for ``heavy duty/
commercial type'' applications only. EPA limited the recommended
applications to heavy-duty/commercial-type uses because, at the time
the CPG was issued, the Agency was not aware of any manufacturers that
made floor tile with recovered materials for standard office flooring.
However, at least two manufacturers were reportedly considering using
recovered materials in standard office flooring and one manufacturer
indicated that these products would be available in 1995, the year the
CPG was issued. This information suggested to the Agency that floor
tiles could be made with recovered materials for standard office
flooring. Therefore, the Agency elected to broadly designate floor
tiles and limit its initial recommendations to heavy-
[[Page 57751]]
duty/commercial type uses. The Agency has no information that standard
office floor tiles are currently commercially available containing
recovered materials.
In the original CPG and RMAN, EPA used the term ``heavy-duty,
commercial-type uses'' because there were no published industry-wide
definitions to describe the applications to which the recovered
materials requirements of the CPG should be applied. In the supporting
analysis for the RMAN, EPA explained what it meant by ``heavy-duty,
commercial-type applications.'' There, the Agency described, in general
terms, a number of commercial and industrial settings where the use of
such tiles with recovered materials content would be appropriate. These
would include entranceways in airports and stores, furniture showrooms,
skating rinks and fitness centers. EPA has learned that this discussion
may have caused some confusion. Some procuring agencies may have
confused EPA's description of the areas where, given special
circumstances, such tiles might be appropriate, with an EPA
recommendation that such tile should always be used in such settings.
This was not the Agency's intention. Therefore, the Agency is today
clarifying its recommendation that the use of these tiles would be
appropriate for specialty purpose uses at such locations (e.g., raised,
open-web tiles for drainage on school kitchen flooring). Such specialty
purpose uses involve limited flooring areas where grease, tar, snow,
ice, wetness or similar substances or conditions are likely to be
present. Thus, EPA is not, at this time, recommending floor tile made
with recovered materials for standard office or more general purpose
uses.
B. Structural Fiberboard and Laminated Paperboard
In the CPG, EPA designated structural fiberboard and laminated
paperboard products for applications other than building insulation (40
CFR 247.12(b)). EPA further included acoustical and non-acoustical
ceiling tiles and lay-in panels in its list of applications to which
the designation applies. Since the CPG was issued, one manufacturer of
mineral fiber ceiling products has expressed concern over the scope of
the structural fiberboard and laminated paperboard designations,
particularly as they apply to acoustical and non-acoustical ceiling
tiles and lay-in panels. EPA wants to clarify that the specific
applications included in the structural fiberboard and laminated
paperboard designation, i.e., building board, sheathing, shingle
backer, sound deadening board, roof insulating board, insulating
wallboard, acoustical and non-acoustical ceiling tile, acoustical and
non-acoustical lay-in panels, floor underlayments, and roof overlay
(coverboard), apply to the purchase of cellulosic fiber structural
fiberboard and laminated paperboard products only. The listed
applications, and therefore the designation, do not apply to products
made from other similar or competing materials. In other words, if a
procuring agency is purchasing a cellulosic fiberboard acoustical
ceiling tile, then the agency should purchase the ceiling tile made
with recovered materials. However, if the agency prefers to purchase a
ceiling tile made with mineral fiber rather than fiberboard, it is free
to do so. In the latter instance, there is no requirement to purchase a
cellulosic fiberboard ceiling tile.
V. Definitions
Today, in Sec. 247.3, EPA is proposing to add definitions for the
following new item-specific terms: channelizers, delineators, flexible
delineators, garden hoses, ink jet cartridges, latex paint, lawn
edging, pallets, parking stops, printer ribbons, restroom dividers,
shower dividers, snow fencing, and soaker hoses. These definitions are
based on industry definitions, including ASTM or other standard
specifications, or represent descriptions of the scope of items being
designated. EPA specifically requests comment on each of these
definitions.
For several items being proposed for designation, EPA recommends in
the RMAN, two-part content levels--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 solid waste management
made by manufacturers using other 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 in this action as a reference for the
convenience of the reader. These definitions were part of the May 1,
1995 CPG and can be found at 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 which
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.
VI. Construction Products
A. Shower and Restroom Dividers
Based on the information obtained by EPA, shower and restroom
dividers containing recovered materials are currently made using steel
or various recovered plastics. Today, in Sec. 247.12(f), EPA proposes
to designate shower and restroom dividers containing recovered plastic
or steel as items whose procurement will carry out the objectives of
section 6002 of RCRA. A final designation would not preclude a
procuring agency from purchasing shower and restroom dividers
manufactured from another material, such as wood. It simply requires
that a procuring agency, when purchasing shower and restroom dividers
made from plastic or steel, purchase these items made with recovered
materials when these items meet applicable specifications and
performance requirements.
1. Background
Shower and restroom dividers are used to create privacy by
separating individual shower, toilet, and urinal compartments in
commercial and institutional facilities. They are made from various
plastics, steel, or wood.
2. Rationale for Designation
As discussed in Appendix V of the CPG II ``Supporting Analysis''
document, plastic and steel represent a significant component of the
solid waste stream. Shower and restroom dividers are available made
from steel or postconsumer and other recovered plastics, including high
density polyethylene (HDPE), low density polyethylene (LDPE), and
polypropylene (PP). EPA is not aware of shower and restroom dividers
made from recovered wood and requests information in this regard.
EPA identified nine manufacturers of plastic dividers containing
recovered materials and 21 manufacturers of dividers containing
recovered steel. EPA did not identify any national or Federal
specifications that preclude the use of recovered materials in shower
or restroom dividers. Federal agencies, including the U.S. Army Corps
of Engineers, and State and local
[[Page 57752]]
governments procure shower and restroom dividers. For a more detailed
discussion of the criteria used to propose this item for designation,
see the ``Comprehensive Procurement Guideline (CPG) II--Supporting
Analyses'' document located in the public docket for this action.
B. Latex Paint
Based on the information obtained by EPA, latex paint is available
containing recovered and postconsumer latex paint. Today, in
Sec. 247.12(g), EPA proposes to designate latex paint containing
recovered materials as an item whose procurement will carry out the
objectives of section 6002 of RCRA.
1. Background
Latex paint is water-based paint widely used for interior and
exterior architectural applications for residential and commercial
buildings, as well as on vehicles, equipment, and for other special
purposes. However, the Agency has limited information on paint used for
non-architectural applications and requests further information. Latex
paint is available containing postconsumer recovered paint from
household hazardous waste (HHW) programs and paint-only or curbside
collection programs. Latex paint can also be made from non-postconsumer
recovered paint, which includes paint that is mis-tinted, out-of-date,
or otherwise not sold to a consumer, which is returned by a
distributor, retailer, or contractor to the manufacturer or to a paint
recycler.
``Paint recyclers'' use postconsumer and other recovered latex
paint to produce two different end products. Paint reprocessing
produces a latex paint with consistent characteristics that are
comparable to equivalent grade virgin latex paint. This paint is
suitable for exterior and interior architectural applications. Paint
consolidation, which involves blending postconsumer paint, results in a
100 percent postconsumer content mixture with characteristics that vary
significantly from batch to batch. Consolidated paint, typically given
away by the recycler, is generally suitable only for limited exterior
applications such as covering graffiti.
2. Rationale for Designation
As discussed in Appendix V of the CPG II ``Supporting Analysis''
document, latex paint represents a significant component of the solid
waste stream. Latex paint is available made from postconsumer and other
recovered latex paint.
EPA identified seven manufacturers of reprocessed latex paint and
consolidated latex paint. EPA did not identify any national or Federal
specifications that preclude the use of recovered materials in latex
paint, although there are specifications that establish limits for
metals (including mercury and lead), cyanide, volatile and semivolatile
compounds, and polychlorinated biphenyls. According to the
General Services Administration (GSA), over 69 military bases and other
Federal purchasers as well as 28 private or local government agencies
have purchased reprocessed latex paint through GSA. The Department of
Navy's Chief of Naval Operations office issued a message encouraging
the use of ``recycled'' latex paint for facilities maintenance. The
U.S. Coast Guard also reports favorable results with ``recycled'' latex
paint. For a more detailed discussion of the reasons for proposing the
item for designation, see the ``Comprehensive Procurement Guideline
(CPG) II--Supporting Analyses'' document located in the public docket
for this action.
VII. Transportation Products
A. Parking Stops
Based on the information obtained by EPA, parking stops are
available containing postconsumer and other recovered plastic and/or
rubber. Some manufacturers use wood chips, sawdust, or fiberglass in
combination with plastic or rubber to make composite parking stops. In
addition, parking stops may be made from cement and concrete containing
coal fly ash or ground granulated blast furnace (GGBF) slag. These
stops are typically made from concrete which is left over from
construction-related projects. Today, in Sec. 247.13(b), EPA proposes
to designate parking stops made from concrete or containing recovered
plastic and/or rubber 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 parking stops manufactured
from another material. It simply requires that a procuring agency, when
purchasing parking stops made from plastic, rubber, or concrete,
purchase these items made with recovered materials when these items
meet applicable specifications and performance requirements.
1. Background
Parking stops are barriers used to mark parking spaces and to keep
parked vehicles from rolling beyond a designated parking area. Parking
stops may be made from concrete, wood, rubber, or plastic.
2. Rationale for Designation
As discussed in Appendix V of the CPG II ``Supporting Analysis''
document, rubber, plastic, coal fly ash, and GGBF slag all represent
significant components of the solid waste stream. Parking stops are
available made with postconsumer and other recovered plastics and
rubber. Postconsumer sources include milk jugs, water bottles, and
other containers, mixed plastic, and rubber (from used tires). Although
EPA did not obtain specific information on parking stops made from
cement and concrete containing coal fly ash or GGBF slag, the agency
believes that, since cement and concrete can be made with GGBF, it is
technically feasible to include these recovered materials in cement and
concrete parking stops. EPA is not aware of parking stops made with
recovered wood and requests information on whether they are
commercially available.
EPA identified 57 manufacturers and vendors of parking stops
containing postconsumer and other recovered materials. EPA is unaware
of any national or Federal specifications or standards that preclude
the use of recovered materials in parking stops. The U.S. National Park
Service, various military bases, and State departments of
transportation and park authorities purchase parking stops. For a more
detailed discussion of the criteria used to propose this item for
designation, see the ``Comprehensive Procurement Guideline (CPG) II--
Supporting Analyses'' document located in the public docket for this
action.
B. Temporary Traffic Control Devices
EPA designated traffic cones and traffic barricades in the original
CPG (60 FR 21383, May 1, 1995). Based on the information obtained by
EPA, additional temporary traffic control devices are available
containing postconsumer and other recovered plastic, rubber, and steel.
Today, in Sec. 247.13(c) through (e), EPA is proposing to designate
channelizers, delineators, and flexible delineators containing
recovered plastic, rubber, or steel as items whose procurement will
carry out the objectives of section 6002 of RCRA. A final designation
of these items would not preclude a procuring agency from purchasing
these temporary traffic control devices manufactured from another
material. It simply requires that a procuring agency, when purchasing
these devices made from plastic, rubber, or steel, purchase these items
made with recovered materials when these items meet applicable
specifications and performance requirements.
[[Page 57753]]
1. Background
Temporary traffic control devices are used to divert, channel, or
restrict traffic flow. They include channelizers, delineators, and
flexible delineators. Channelizers are barrels or drums that can be
positioned to direct traffic through detours. Delineators are highly
visible pavement markers that can be positioned to direct traffic or
define boundaries. Flexible delineators bend if struck by a vehicle to
prevent damage to the vehicle or the delineator.
2. Rationale for Designation
As discussed in Appendix V of the CPG II ``Supporting Analysis''
document, plastic, rubber and steel are significant components of the
solid waste stream. Channelizers, delineators, and flexible delineators
are available made with recovered plastic, rubber and steel.
EPA identified three manufacturers of channelizers, eight
manufacturers of delineators and three manufacturers of flexible
delineators containing postconsumer and other recovered materials. The
Federal Highway Administration (FHWA) publishes the ``Manual on Uniform
Traffic Control Devices,'' which contains specifications used by most
States for the size, shape, mounting, and placement of traffic control
devices. The FHWA specifications do not preclude the use of recovered
materials in these devices. The States of North Carolina and Florida
have specifications that require the use of recovered materials in
their flexible delineators. The Veterans Administration and Federal
Emergency Management Agency purchase temporary traffic control devices,
and EPA believes that virtually every State department of
transportation also purchases the items. For a more detailed discussion
of the criteria used to propose these items for designation, see the
``Comprehensive Procurement Guideline (CPG) II--Supporting Analyses''
document located in the public docket for this action.
VIII. Park and Recreation Products
A. Snow Fencing
Based on the information obtained by EPA, snow fencing is available
containing recovered plastic. Today, in Sec. 247.14(b), EPA proposes to
designate snow fencing containing recovered plastic as an item whose
procurement will carry out the objectives of section 6002 of RCRA. A
final designation of this items would not preclude a procuring agency
from purchasing snow fencing manufactured from another material, such
as wood. It simply requires that a procuring agency, when purchasing
snow fencing made from plastic, purchase this item made with recovered
materials when this item meets applicable specifications and
performance requirements.
1. Background
Snow fencing is constructed from plastic in an open-weave pattern
or from wooden slats held together with wire strands. It is used to
control drifting snow, to delineate construction areas, and to protect
sand dunes.
2. Rationale for Designation
As discussed in Appendix V of the CPG II ``Supporting Analysis''
document, plastic represents a significant component of the solid waste
stream. Snow fencing is available made with postconsumer and other
recovered HDPE plastic from milk jugs, water bottles, and other
containers. EPA is not aware of snow fencing made from recovered wood
and requests information on whether it is now commercially available.
EPA identified three manufacturers of snow fencing containing
recovered and postconsumer HDPE. According to information obtained by
EPA, there are no national or Federal specifications that preclude the
use of recovered materials in the manufacture of snow fencing. Federal
agencies, such as the National Park Service and the Army Corps of
Engineers, and State agencies purchase snow fencing. According to at
least two State agencies, recovered-content snow fencing met the
performance requirements for the applications in which it was used. For
a more detailed discussion of the criteria used to propose this item
for designation, see the ``Comprehensive Procurement Guideline (CPG)
II--Supporting Analyses'' document located in the public docket for
this action.
IX. Landscaping Products
A. Garden and Soaker Hoses
Based on the information obtained by EPA, garden and soaker hoses
are available containing recovered plastic or rubber. Today, in
Sec. 247.15(c), EPA proposes to designate garden and soaker hoses
containing recovered plastic or rubber as items whose procurement will
carry out the objectives of section 6002 of RCRA. A final designation
of these items would not preclude a procuring agency from purchasing
garden and soaker hoses manufactured from another material. It simply
requires that a procuring agency, when purchasing garden and soaker
hoses made from plastic or rubber, purchase this item made with
recovered materials when these items meet applicable specifications and
performance requirements.
1. Background
A garden hose is flexible tubing used to conduct water to a
specific location. It is usually made from PVC plastic or rubber. A
soaker hose is perforated flexible tubing used to deliver gentle
irrigation to plants and is typically made of rubber.
2. Rationale for Designation
As discussed in Appendix V of the CPG II ``Supporting Analysis''
document, rubber and plastic represent a significant component of the
solid waste stream. Garden and soaker hoses are available made with
postconsumer and other recovered PVC plastic or rubber.
EPA identified five manufacturers of postconsumer- and other
recovered- content landscaping hoses; two that only produce garden
hoses, one that only produces soaker hoses, and two that produce both.
All five companies use PVC plastic and/or rubber to manufacture their
products. There is an American Society for Testing and Materials (ASTM)
specification for garden hose that addresses physical and performance
characteristics, but does not preclude the use of recovered materials.
Green Seal, an independent standards organization, specifies the use of
50 percent postconsumer rubber in garden hose and 65 percent
postconsumer rubber in soaker hose. The U.S. Department of Defense,
National Park Service, and State agencies purchase garden and soaker
hoses. For a more detailed discussion of the criteria used to propose
this item for designation, see the ``Comprehensive Procurement
Guideline (CPG) II--Supporting Analyses'' document located in the
public docket for this action.
B. Lawn and Garden Edging
Based on the information obtained by EPA, lawn and garden edging is
available containing recovered plastics or rubber. Today, in
Sec. 247.15(d), EPA proposes to designate lawn and garden edging
containing recovered plastic or rubber as items whose procurement will
carry out the objectives of section 6002 of RCRA. A final designation
of these items would not preclude a procuring agency from purchasing
lawn and garden edging manufactured from another material, such as
wood. It simply requires that a procuring agency, when purchasing lawn
and garden edging made from plastic or rubber, purchase these items
made with
[[Page 57754]]
recovered materials when these items meet applicable specifications and
performance requirements.
1. Background
Lawn and garden edging is used as a barrier between lawns and
landscaped areas or garden beds to prevent grass, roots, or weeds from
spreading to the landscaped areas. It is manufactured from postconsumer
and other recovered HDPE, mixed plastics, and/or rubber.
2. Rationale for Designation
As discussed in Appendix V of the CPG II ``Supporting Analysis''
document, rubber and plastics represent a significant component of the
solid waste stream. Lawn and garden edging is available made with
postconsumer and other recovered plastics. Postconsumer sources of
materials used in lawn and garden edging include milk jugs, water
bottles, and other containers, various mixed plastic resins, and rubber
(from tires). Edging may also be manufactured using wood; however, EPA
is not aware of any lawn and garden edging made from recovered wood and
requests information on whether these items are commercially available.
EPA identified seven manufacturers of lawn and garden edging
containing postconsumer and other recovered materials. According to
information obtained by EPA, there are no national or Federal
specifications that preclude the use of recovered materials in the
manufacture of lawn and garden edging. Although EPA was unable to
obtain any information on the purchase of lawn and garden edging by
government agencies, EPA is aware that lawn and garden edging is
procured by such agencies as the National Park Service and State and
local parks and recreation offices. For a more detailed discussion of
the criteria used to propose this item for designation, see the
``Comprehensive Procurement Guideline (CPG) II--Supporting Analyses''
document located in the public docket for this action.
X. Non-Paper Office Products
A. Printer Ribbons
Based on the information obtained by EPA, printer ribbons used in
impact printers can be remanufactured by reinking the ribbon or
reloading the printer ribbon cartridge with new ribbon. Today, in
Sec. 247.16(f), EPA proposes to designate printer ribbons as an item
whose procurement will carry out the objectives of section 6002 of
RCRA.
1. Background
Printer ribbons are used in dot matrix and other types of impact
printers used in homes, offices, and retail stores across the United
States. The ribbons are housed in an outer plastic casing (cartridge),
which contains the ribbon and internal gears.
2. Rationale for Designation
As discussed in Appendix V of the CPG II ``Supporting Analysis''
document, plastic represents a significant component of the solid waste
stream. The plastic contained in printer ribbon cartridges can be
diverted from the waste stream if the printer ribbon is reinked or the
cartridge is reloaded with new ribbon.
EPA identified 18 companies that service printer ribbons for reuse.
Seven of the companies reink ribbons and five reload the cartridges
with new ribbon; EPA was unable to obtain information from the
remaining six companies. The U.S. Postal Service Processing and
Distribution Center in Portland, Maine, EPA Region 6, and the States of
Alabama and Florida have used remanufactured printer ribbons
successfully. For a more detailed discussion of the criteria used to
propose this item for designation, see the ``Comprehensive Procurement
Guideline (CPG) II--Supporting Analyses'' document located in the
public docket for this action.
B. Ink Jet Cartridges
Based on the information obtained by EPA, ink jet ribbon cartridges
for ink jet printers and facsimile machines can be remanufactured by
refilling the cartridge with ink. Today, in Sec. 247.16(g), EPA
proposes to designate ink jet cartridges as an item whose procurement
will carry out the objectives of section 6002 of RCRA.
1. Background
Ink jet cartridges are plastic cases containing ink, a pump,
filter, nozzle, and internal circuitry. They are used in ink jet
printers and in some types of facsimile machines and plotters.
2. Rationale for Designation
As discussed in Appendix V of the CPG II ``Supporting Analysis''
document, plastic represents a significant component of the solid waste
stream. The plastic contained in ink jet cartridges can be diverted
from the waste stream if the cartridge is refilled with new ink.
EPA identified 24 companies that refill ink jet cartridges for
customers nationwide. In addition to remanufacturers, do-it-yourself
kits are available for customers to refill their own ink jet
cartridges. EPA Region 6, the U.S. Army Corps of Engineers, the City of
Tucson, and the States of Colorado and Florida have used refilled ink
jet cartridges. For a more detailed discussion of the criteria used to
propose this item for designation, see the ``Comprehensive Procurement
Guideline (CPG) II--Supporting Analyses'' document located in the
public docket for this action.
C. Plastic Envelopes
Based on the information obtained by EPA, plastic envelopes are
available containing recovered plastics. Today, in Sec. 247.16(h), EPA
proposes to designate plastic envelopes containing recovered materials
as an item whose procurement will carry out the objectives of section
6002 of RCRA. A final designation of this item would not preclude a
procuring agency from purchasing envelopes manufactured from paper
products, but would simply require that a procuring agency, when
purchasing plastic envelopes, purchase them made with recovered
materials when these items meet applicable specifications and
performance requirements. When purchasing envelopes made from paper,
procuring agencies should consult the Paper Products RMAN which was
issued in the Federal Register on May 29, 1996 at 61 FR 26985.
1. Background
Plastic envelopes are manufactured from a trademarked spunbonded
olefin or from tri-extruded polyolefins or polyethylenes. They are used
most commonly by the express mail, insurance, bank, legal, medical, and
international mail industries in heavy-duty, security-related, and
other specialized mailing applications.
2. Rationale for Designation
As discussed in Appendix V of the CPG II ``Supporting Analysis''
document, plastic represents a significant component of the solid waste
stream. Plastic envelopes are available made with postconsumer and
other recovered plastics. Postconsumer sources include milk jugs, water
bottles, and other containers.
EPA identified three manufacturers of plastic envelopes containing
postconsumer and other recovered LDPE or HDPE. According to information
obtained by EPA, there are no national or Federal specifications that
preclude the use of recovered materials in the manufacture of plastic
envelopes. Plastic envelopes are purchased or used by most government
agencies, although the U.S. Navy
[[Page 57755]]
requests that they not be used to transport materials to ships because
they complicate onboard disposal practices. For a more detailed
discussion of the criteria used to propose this item for designation,
see the ``Comprehensive Procurement Guideline (CPG) II--Supporting
Analyses'' document located in the public docket for this action.
XI. Miscellaneous Products
A. Pallets
Based on the information obtained by EPA, cargo and freight pallets
are available containing recovered wood, plastic, or paperboard. Today,
in Sec. 247.17(a), EPA proposes to designate pallets containing
recovered wood, plastic, or paperboard as an item whose procurement
will carry out the objectives of section 6002 of RCRA. A final
designation of this item would not preclude a procuring agency from
purchasing pallets manufactured from another material. It simply
requires that a procuring agency, when purchasing pallets made from
plastic, wood, or paperboard, purchase these items made with recovered
materials when these items meet applicable specifications and
performance requirements.
1. Background
Pallets are portable platforms for storing or moving cargo or
freight. They can be manufactured from wood, plastic, or corrugated
paperboard.
2. Rationale for Designation
As discussed in Appendix V of the CPG II ``Supporting Analysis''
document, wood, plastic, and corrugated paperboard represent
significant components of the solid waste stream. Pallets are available
manufactured from postconsumer and other recovered wood, plastic or old
corrugated containers.
EPA obtained information from eight manufacturers of recovered and
postconsumer wood pallets, 19 manufacturers of recovered and
postconsumer plastic pallets, and two manufacturers of recovered and
postconsumer corrugated pallets. EPA identified one specification for
pallets, developed by the Grocery Manufacturers of America; it does not
preclude the use of recovered materials in pallets. Army Logistics is
developing a performance-based pallet specification that may limit the
use of remanufactured pallets to specific applications. The Defense
Logistics Agency procures millions of pallets of varying sizes each
year. For a more detailed discussion of the criteria used to propose
this item for designation, see the ``Comprehensive Procurement
Guideline (CPG) II--Supporting Analyses'' document located in the
public docket for this action.
XII. Designated Item Availability
EPA has identified a number of manufacturers and vendors of the
items proposed for designation in today's rule. Once the item
designations in today's proposal become final, these lists will be
placed in the RCRA docket for this action and updated periodically as
new sources are identified and product information changes. Procuring
agencies should contact the manufacturers/vendors directly to discuss
their specific needs and to obtain detailed information on the
availability and price of recycled products meeting those needs.
Other information is available from the General Services
Administration (GSA), the Defense Logistics Agency (DLA), State and
local recycling offices, private corporations, and trade associations.
Refer to Section X of the document, ``Comprehensive Procurement
Guideline (CPG) II--Supporting Analyses,'' located in the RCRA public
docket, for more detailed information on these sources of information.
XIII. Economic Impact Analysis
A. Requirements of Executive Order 12866
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
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.
EPA estimates that the costs associated with this proposed rule is
well below the $100 million threshold. To enable the Agency to evaluate
the potential impact of today's action, EPA has prepared an Economic
Impact Analysis (EIA), as discussed below. For more information on the
estimated economic impact of this proposed rule, see the ``Economic
Impact Analysis for the Comprehensive Procurement Guideline (CPG) II,''
located in the RCRA public docket for the proposed rule.
3. Summary of Costs
As shown in Table 2 below, EPA estimates that the annualized costs
of today's rule will range from $4.7 to $8.7 million, with costs being
spread across all procuring agencies (i.e., Federal agencies, State and
local agencies that use appropriated Federal funds to procure
designated items, and contractors to all three). These costs are
annualized over a 10-year period at a three percent discount rate.
Because there is considerable uncertainty regarding several of the
parameters that drive the costs, EPA conducted sensitivity analyses to
identify the range of potential costs of today's rule. Thus, high-end
and low-end estimates are presented along with the best estimate. The
primary parameter affecting the range of cost estimates is the number
of products each procuring agency is assumed to procure each year.
Details of the costs associated with this proposed rule are provided in
the Economic Impact Analysis for this rule, located in the RCRA public
docket.
Table 2.--Summary of Annualized Costs of CPG Amendments to All Procuring
Agencies
-----------------------------------------------------------------------
Best
estimate,
Total total
Procuring agency annualized annualized
costs ($1000) costs
($1000)
-----------------------------------------------------------------------
Federal Agencies............................ $5,400-$2,900 $5,400
States...................................... 970-530 970
Local Governments........................... 2,300-1,260 1,700
Contractors................................. 79-26 54
-----------------------------------------------------------------------
Total................................. 8,700-4,700 8,100
-----------------------------------------------------------------------
As a result of today's proposed rule, procuring agencies will be
required to perform certain activities pursuant to RCRA section 6002.
The costs shown in Table 2, represent the estimated annualized costs
associated with these activities, which include: rule review and
implementation; estimation, certification, and verification of
designated item procurement; and for Federal agencies, reporting and
recordkeeping. Table 2 also includes estimates for Federal agency's
that will incur costs for specification revisions
[[Page 57756]]
and affirmative procurement program modification. More details of the
costs associated with today's rule are included in the aforementioned
Economic Impact Analysis.
With regard to possible impacts to business, including small
businesses, there may be both positive and negative impacts to
individual businesses. EPA anticipates that this proposed rule will
provide additional opportunities for recycling businesses to begin
supplying recovered materials to manufacturers and products made from
recovered materials to procuring agencies. In addition, other
businesses, including small businesses, that do not directly contract
with procuring agencies may be affected positively by the increased
demand for recovered materials. These include businesses involved in
materials recovery programs and materials recycling. Municipalities
that run recycling programs are also expected to benefit from increased
demand for certain recovered materials.
EPA is unable to determine the number of businesses, including
small businesses, that may be adversely impacted by this proposed rule.
It is possible that if a business that currently supplies products to a
procuring agency uses virgin materials only, the amendments proposed to
the CPG may reduce its ability to compete for future contracts.
However, the proposed 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. As discussed in
Appendices I and IV of the ``Supporting Analyses,'' relative prices of
recycled content products compared to prices of comparable virgin
products vary. In many cases, recycled content products are less
expensive than their virgin counterparts. In other cases, virgin
products have lower prices than recycled content products. Many factors
can affect the price of various products. For example, temporary
fluctuations in the overall economy can create oversupplies of virgin
products, leading to a decrease in prices for these items. Under RCRA
section 6002(c), procuring agencies are not required to purchase a
product containing recovered materials if it is only available at an
unreasonable price. However, the decision to pay more or less for such
a product is left to the procuring agency.
3. Summary of Benefits
EPA anticipates that this 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. Less raw materials use
results in a commensurate reduction in energy use and a reduction in
the generation and release of air and water pollutants associated with
manufacturing. Additionally, waste prevention leads to a reduction in
the environmental impacts of mining, harvesting, and other extraction
processes.
Recycling can effect the more efficient use of natural resources.
For many products, the use of recovered materials in manufacturing can
result in significantly lower energy and material input costs than when
virgin raw materials are used; reduce the generation and release of air
and water pollutants often associated with manufacturing; and reduce
the environmental impacts of mining, harvesting, and other extraction
of natural resources. In addition to conserving non-renewable
resources, recycling can also divert large amounts of materials from
landfills, conserving increasingly valuable space for the management of
materials that truly require disposal. This reduces the need to expand
existing or site new disposal facilities, allowing local government
officials to devote more attention to health, education, and safety
issues.
By purchasing products made from recovered materials, government
agencies can increase opportunities for realizing these benefits. On a
national and regional level, the 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 engaged in
recycling activities.
B. Unfunded Mandates Reform Act of 1995 and Consultation With State,
Local, and Tribal Governments
Under section 202 of the Unfunded Mandates Reform Act of 1995 (the
Act), P.L. 104-4, which was signed into law on March 22, 1995, EPA
generally must prepare a written statement for 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 this 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 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, $3.3 million annually. The
cost of enforceable duties which may arise as a result of today's
proposed rule on the private sector are estimated not to exceed $79,000
annually. Thus, the proposed rule is not subject to the written
statement requirement in sections 202 and 205 of the Act.
The newly designated items included in the CPG may give rise to
additional
[[Page 57757]]
obligations under section 6002(i) (requiring procuring agencies to
adopt affirmative procurement program 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, $3.3 million annually. In compliance with E.O. 12875,
which requires the involvement of State and local governments in the
development of certain Federal regulatory actions, EPA conducted a wide
outreach effort and actively sought the input of representatives of
state and local governments in the process of developing its
guidelines.
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. 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 the CPG is presented.
Finally, EPA has sponsored buy-recycled education and outreach
activities by organizations such as the U.S. Conference of Mayors, the
Northeast Recycling Council, the Environmental Defense Fund, Keep
America Beautiful, and the California Local Government Commission,
whose target audience includes small governmental entities.
The requirements do not significantly affect small governments
because they are subject to the same requirements as other entities
whose duties result from today's rule. As discussed above, the expense
associated with any additional costs to State and local governments, is
not expected to exceed, at the maximum, $3.3 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 have been
satisfied.
C. Impacted Entities
RCRA section 6002 applies to procuring agencies that use at least a
portion of Federal funds to procure over $10,000 worth of a designated
product in a given year. EPA estimates that this rule would apply to 35
Federal agencies, all 56 states and territories and 1,900 local
governments. EPA calculated the number of local entities that would be
impacted based on information regarding the amount of Federal funds
that are dispersed to specific counties. In addition, EPA assumed that
between 100 and 1,000 contractors may be affected. A description of
this information is provided in the Economic Impact Analysis for
today's rule.
D. Regulatory Flexibility Act and Small Business Regulatory Enforcement
Fairness Act
The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), as
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA), provides that, whenever an agency proposes a rule under
5 U.S.C. 553, the agency must prepare, and make available for public
comment, a regulatory flexibility analysis that describes the impact of
a proposed for final rule on small entities (i.e., small businesses,
small organizations, and small governmental jurisdictions). The purpose
of the RFA is to establish procedures that ensure that Federal agencies
solicit and consider alternatives to rules so as to minimize their
burdensome impact on small entities. The Act is designed to encourage
agencies to tailor their rules to the size and nature of those to be
regulated whenever this is consistent with the underlying statute
authorizing the rule.
However, the RFA does not require a regulatory flexibility analysis
if the head of an agency certifies the rule will not have significant
economic impact on a substantial number of small entities. 5 U.S.C. 604
& 605. SBREFA amended the RFA to require Federal agencies to provide a
statement of the factual basis for certifying that a rule will not have
a significant economic impact on a substantial number of small
entities. Pursuant to 5 U.S.C. 605(b), therefore, I certify that
today's proposed rule will not, if promulgated, have a significant
adverse impact on a substantial number of small entities.
In the case of small entities which are small governmental
jurisdictions, EPA has concluded that the proposal, if promulgated,
will not have a significant economic impact. EPA concluded that no
small government with a population of less than 50,000 is likely to
incur costs associated with the designation of the 13 items because it
is improbable that such jurisdictions will purchase more than $10,000
of any designated item. Consequently, section 6002 would not apply to
their purchases of designated items. Moreover, there is no evidence
that complying with the requirements of 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 businesses would not be significant. Any costs to small
businesses that are ``procuring agencies'' (and subject to section
6002) are likely to be insubstantial. To the extent there are increased
costs, such costs are directly associated with compliance with a
contract with a Federal agency for a designated procurement items and
should be recovered in the contract price for the item. Further, any
subsidiary costs associated with a small business's status as a
``procuring agency'' would not be substantial. Even if a small business
is required to purchase other items with recovered materials content,
it is unclear that such items will necessarily be more expensive than
items with virgin content.
The basis for EPA's conclusions that the proposal, if adopted, will
not have a significant impact on a substantial number of small entities
is described in greater detail in the ``Economic Impact Analysis'' for
the proposed rule which is located in the RCRA public docket.
1. Small Businesses
The CPG applies to small businesses that are ``procuring
agencies.'' The potential economic impact of the CPG on small
businesses that are ``procuring agencies'' is minimal. RCRA section
6002 applies to the 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. Therefore, for
example, a courier service contractor is
[[Page 57758]]
not required to purchase re-refined oil and retread tires for its
fleets because purchases of these items are incidental to the purpose
of the contract. Therefore, as a practical matters, 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 the State or Federal agency is
contracting with a supplier to obtain a designated item, then the cost
of the designated item (and any associated costs of meeting section
6002 requirements) to the supplier presumably will be fully recovered
in the contract price.
Based on the above, EPA has determined that the effect of today's
proposed rule on small entities would be minimal.
While not a factor relevant to determining whether the rule will
have a significant impact for RFA purposes, EPA believes that the
effect of today's rule would be to provide positive opportunities to
businesses engaged in recycling and the manufacture of recycled
products. Purchase and use of recycled product by procuring agencies
increases 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.
XIV. Supporting Information and Accessing Internet
The index of supporting materials for the proposed rule is
available in the RIC and on the Internet. The address and telephone
number of the RIC are provided in ADDRESSES above. The following
supporting materials are available on the Internet:
``Comprehensive Procurement Guideline (CPG) II--Supporting
Analyses,'' U.S. EPA, Office of Solid Waste and Emergency Response,
August 1, 1996.
``Recovered Materials Advisory Notice (RMAN) II--Supporting
Analyses,'' U.S. EPA, Office of Solid Waste and Emergency Response,
August 1, 1996.
Copies of the following supporting materials are available for
viewing at the RIC only:
``Recovered Materials Product Research for the Comprehensive
Procurement Guideline II,'' prepared for U.S. EPA by Eastern Research
Group, July 24, 1996.
``Research on Items for Designation in the Comprehensive
Procurement Guideline,'' December 19, 1995.
``Summary of Information Submitted in Response to EPA's Request for
Information on the Designation of Items for the CPG,'' prepared for
U.S. EPA by Eastern Research Group, April 12, 1996.
Follow these instructions to access the information electronically:
Gopher: gopher.epa.gov
WWW: http://www.epa.gov
Dial-up: 919 558-0335
The materials can be accessed off the main EPA Gopher menu, in the
directory EPA Offices and Regions/Office of Solid Waste and Emergency
Response (OSWER)/Office of Solid Waste (RCRA)/[Non-Hazardous Waste--
RCRA Subtitle D/Procurement/CPG].
FTP: ftp.epa.gov
Login: anonymous
Password: your Internet address
Files are located in /pub/gopher/OSWRCRA.
List of Subjects in 40 CFR Part 247
Environmental protection, Channelizers, Delineators, Flexible
delineators, Floor tile, Garden and soaker hose, Government
procurement, Ink jet cartridge, Laminated paperboard, Landscaping
industry, Latex paint, Lawn and garden edging, Office products,
Pallets, Park and recreation products, Parking stops, Printer ribbon,
Recycling, Shower and restroom dividers, Snow fencing, Structural
fiberboard, Temporary traffic control devices.
Dated: November 1, 1996.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble, EPA proposes to amend 40
CFR Part 247 as follows:
PART 247--COMPREHENSIVE PROCUREMENT GUIDELINE FOR PRODUCTS
CONTAINING RECOVERED MATERIALS
1. The authority citation for Part 247 continues to read as
follows:
Authority: 42 U.S.C. 6912(a) and 6962; E.O. 12873, 58 FR 54911.
2. In Sec. 247.2, paragraph (d) is added to read as follows:
Sec. 247.2 Applicability.
* * * *
(d) RCRA section 6002(c)(1) requires procuring agencies to procure
designated items composed of the highest percentage of recovered
materials practicable, consistent with maintaining a satisfactory level
of competition, considering such guidelines. Procuring agencies may
decide not to procure such items if they are not reasonably available
in a reasonable period of time; fail to meet reasonable performance
standards; or are only available at an unreasonable price.
In Sec. 247.3, the following definitions are added
alphabetically:
* * * *
Channelizers means highly visible barrels or drums that can be
positioned to direct traffic through detours;
* * * *
Delineator means a highly visible pavement marker that can be
positioned to direct traffic or define boundaries;
-----------------------------------------------------------------------
Flexible delineator means a highly visible marker that can be
positioned to direct traffic or define boundaries and that will flex if
struck by a vehicle to prevent damage to the vehicle or the delineator;
* * * *
Garden hose means a flexible tubing that conducts water to a
specific location;
* * * *
Ink jet cartridge means a casing containing ink used in ink jet
printers and some types of facsimile machines and plotters;
* * * *
Latex paint means a water-based decorative or protective covering
having a latex binder;
* * * *
Lawn edging means a barrier used between lawns and landscaped areas
or garden beds to prevent grass roots or weeds from spreading to the
landscaped areas;
* * * *
Pallet means a portable platform for storing or moving cargo or
freight;
* * * *
Parking stop means a barrier used to mark parking spaces and keep
parked vehicles from rolling beyond a designated parking area;
* * * *
Printer ribbon means a nylon fabric designed to hold ink and used
in dot matrix and other types of impact printers;
* * * *
Restroom divider means a barrier used to provide privacy in public
restroom facilities;
* * * *
Shower divider means a water-proof barrier used to provide privacy
in public shower facilities;
* * * *
[[Page 57759]]
Snow fencing means a barrier with an open-weave pattern that can be
used to control drifting snow or sand by restricting the force of wind;
* * * *
Soaker hose means a perforated flexible tubing that is used to
deliver gentle irrigation to plants;
* * * *
Section 247.12 is amended by adding new paragraphs (f) and (g)
to read as follows:
Sec. 247.12 Construction products.
* * * *
(f) Shower and restroom dividers containing recovered plastic or
steel.
(g) Latex paint.
Section 247.13 is amended by designating the existing text as
paragraph (a) and by adding new paragraphs (b), (c), (d), and (e) to
read as follows:
Sec. 247.13 Transportation products.
* * * *
(b) Parking stops made from concrete or containing recovered
plastic or rubber.
(c) Channelizers containing recovered plastic or rubber.
(d) Delineators containing recovered plastic, rubber, or steel.
(e) Flexible delineators containing recovered plastic.
Section 247.14 is amended by redesignating the existing text as
paragraph (a) and by adding a new paragraph (b) to read as follows:
Sec. 247.14 Park and recreation products.
* * * *
(b) Snow fencing containing recovered plastic.
In Sec. 247.15, new paragraphs (c) and (d) are added to read as
follows:
Sec. 247.15 Landscaping products.
* * * *
(c) Garden and soaker hoses containing recovered plastic or rubber.
(d) Lawn and garden edging containing recovered plastic or rubber.
In Sec. 247.16, new paragraphs (f), (g), and (h) are added to
read as follows:
Sec. 247.16 Non-paper office products.
* * * *
(f) Printer ribbons.
(g) Ink jet cartridges.
(h) Plastic envelopes.
Section 247.17 is revised to read as follows:
Sec. 247.17 Miscellaneous Products.
(a) Pallets containing recovered wood, plastic, or paperboard.
(b) (Reserved)
[FR Doc. 96-28733 Filed 11-6-96; 8:45 am]
BILLING CODE 6560-50-P