[Federal Register: June 30, 2004 (Volume 69, Number 125)]
[Notices]               
[Page 39471-39474]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jn04-69]                         

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ENVIRONMENTAL PROTECTION AGENCY

[OPPT-2002-0039; FRL-7356-4]

 
Four Purchasing Guides; Notice of Review and Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA's Environmentally Preferable Purchasing (EPP) program is 
announcing the posting and public review of four draft EPP guides on 
EPA's electronic public docket and comment system, EPA Dockets. This is 
part of an effort to implement Presidential Executive Order 13101, 
``Greening the Government Through Waste Prevention, Recycling and 
Federal Acquisition.'' EPA's EPP Program operates in a transparent 
manner, with open participation and counsel from our stakeholders. In 
today's notice, EPA is announcing an open review of the four purchasing 
guides that can provide information to Federal procurement officials in 
making EPP decisions that can help protect human health and the 
environment.

DATES: Comments, identified by docket ID number OPPT-2002-0039, must be 
received on or before August 30, 2004.

ADDRESSES: Comments may be submitted electronically, by mail, or 
through hand delivery/courier. Follow the detailed instructions as 
provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: For general information contact:
    Colby Lintner, Regulatory Coordinator, Environmental Assistance 
Division (7408M), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (202) 554-1404; e-mail 
address: TSCA-Hotline@epa.gov.
     For technical information contact: Terry Grogan, Pollution 
Prevention Division (7409M), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania

[[Page 39472]]

Ave., NW., Washington, DC 20460; telephone number: (202) 564-6317; e-
mail address: grogan.terry@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. This action may, 
however, be of interest to Federal purchasers affected by Executive 
Order 13101. This action may also be of interest to: State and local 
government and private procurement officials interested in 
environmentally preferable products, and persons or organizations 
interested in the aforementioned product categories. Since other 
entities may also be interested, the Agency has not attempted to 
describe all the specific entities that may be affected by this action. 
If you have any questions regarding the applicability of this action to 
a particular entity, consult the technical person listed under FOR 
FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this 
action under docket identification (ID) number OPPT-2002-0039. The 
official public docket consists of the documents specifically 
referenced in this action, any public comments received, and other 
information related to this action. Although a part of the official 
docket, the public docket does not include Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. The official public docket is the collection of materials 
that is available for public viewing at the EPA Docket Center, Rm. 
B102-Reading Room, EPA West, 1301 Constitution Ave., NW., Washington, 
DC. The EPA Docket Center is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The EPA Docket Center Reading 
Room telephone number is (202) 566-1744 and the telephone number for 
the OPPT Docket, which is located in the EPA Docket Center, is (202) 
566-0280.
    2. Electronic access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr/.

    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 

comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Although not all docket materials may be 
available electronically, you may still access any of the publicly 
available docket materials through the docket facility identified in 
Unit I.B.1. Once in the system, select ``search,'' then key in the 
appropriate docket ID number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. EPA's policy is that copyrighted material will not be 
placed in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. To the extent 
feasible, publicly available docket materials will be made available in 
EPA's electronic public docket. When a document is selected from the 
index list in EPA Dockets, the system will identify whether the 
document is available for viewing in EPA's electronic public docket. 
Although not all docket materials may be available electronically, you 
may still access any of the publicly available docket materials through 
the docket facility identified in Unit I.B.1. EPA intends to work 
towards providing electronic access to all of the publicly available 
docket materials through EPA's electronic public docket.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.

C. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket ID number in the subject line on the first page of 
your comment. Please ensure that your comments are submitted within the 
specified comment period. Comments received after the close of the 
comment period will be marked ``late.'' EPA is not required to consider 
these late comments. If you wish to submit CBI or information that is 
otherwise protected by statute, please follow the instructions in Unit 
I.D. Do not use EPA Dockets or e-mail to submit CBI or information 
protected by statute.
    1. Electronically. If you submit an electronic comment as 
prescribed in this unit, EPA recommends that you include your name, 
mailing address, and an e-mail address or other contact information in 
the body of your comment. Also include this contact information on the 
outside of any disk or CD ROM you submit, and in any cover letter 
accompanying the disk or CD ROM. This ensures that you can be 
identified as the submitter of the comment and allows EPA to contact 
you in case EPA cannot read your comment due to technical difficulties 
or needs further information on the substance of your comment. EPA's 
policy is that EPA will not edit your comment, and any identifying or 
contact information provided in the body of a comment will be included 
as part of the comment that is placed in the official public docket, 
and made available in EPA's electronic public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    i. EPA Dockets. Your use of EPA's electronic public docket to 
submit comments to EPA electronically is EPA's preferred method for 
receiving comments. Go directly to EPA Dockets at  http://www.epa.gov/edocket
, and follow the online instructions for submitting comments. 

Once in the system, select ``search,'' and then key in docket ID number 
OPPT-2002-0039. The system is an ``anonymous access'' system, which 
means EPA will not know your identity, e-mail address, or other contact 
information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by e-mail to oppt.ncic@epa.gov, 
Attention: Docket ID number OPPT-2002-0039. In contrast to EPA's 
electronic public

[[Page 39473]]

docket, EPA's e-mail system is not an ``anonymous access'' system. If 
you send an e-mail comment directly to the docket without going through 
EPA's electronic public docket, EPA's e-mail system automatically 
captures your e-mail address. E-mail addresses that are automatically 
captured by EPA's e-mail system are included as part of the comment 
that is placed in the official public docket, and made available in 
EPA's electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Unit I.C.2. These 
electronic submissions will be accepted in WordPerfect or ASCII file 
format. Avoid the use of special characters and any form of encryption.
    2. By mail. Send your comments to: Document Control Office (7407M), 
Office of Pollution Prevention and Toxics (OPPT), Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001.
    3. By hand delivery or courier. Deliver your comments to: OPPT 
Document Control Office (DCO), EPA East Building, Rm. 6428, 1201 
Constitution Ave., NW., Washington, DC. Attention: Docket ID number 
OPPT-2002-0039. The DCO is open from 8 a.m. to 4 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the DCO is 
(202) 564-8930.

D. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically through EPA's electronic public docket or by e-mail. You 
may claim information that you submit to EPA as CBI by marking any part 
or all of that information as CBI (if you submit CBI on disk or CD ROM, 
mark the outside of the disk or CD ROM as CBI and then identify 
electronically within the disk or CD ROM the specific information that 
is CBI). Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the public docket and EPA's electronic public docket. If you submit 
the copy that does not contain CBI on disk or CD ROM, mark the outside 
of the disk or CD ROM clearly that it does not contain CBI. Information 
not marked as CBI will be included in the public docket and EPA's 
electronic public docket without prior notice. If you have any 
questions about CBI or the procedures for claiming CBI, please consult 
the technical person listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

    We invite you to provide your views on the various options we 
propose, new approaches we have not considered, the potential impacts 
of the various options (including possible unintended consequences), 
and any data or information that you would like the Agency to consider 
during the development of the final action. Provide copies of any 
technical information and/or data you used that support your views.
    In particular, EPA would like comments to address the following 
questions:
    1. Is the discussion on the potential environmental impacts of the 
product categories useful for Federal purchasers?
    2. Is there any more recent information that is germane to or would 
enhance the discussion of these product categories?
    3. Can Federal purchasers act easily upon the stated 
recommendations in the product guides?
    4. Is this an approach you would like EPA to take in addressing 
EPP?

II. Background

A. What Action is the Agency Taking?

    EPA is initiating an open process to allow stakeholders to review 
and comment on the four draft EPP product guides. The four product 
guides now available for review are:
    1. ``Greening Your Purchase of Carpet: A Guide For Federal 
Purchasers.''
    2. ``Greening Your Purchase of Cleaning Products: A Guide For 
Federal Purchasers.''
    3. ``Greening Your Purchase of Copiers: A Guide For Federal 
Purchasers.''
    4. ``Greening Your Meetings and Conferences: A Guide For Federal 
Purchasers.''
    The EPP program does not endorse products nor does it recommend for 
or against the purchase of specific products. EPP seeks to provide 
information on products with the overall best value, taking into 
account price competitiveness, regulatory requirements, performance 
standards, and environmental impact. Because purchasers typically have 
readily available sources of information on procurement and safety 
regulations and well-established methods for evaluating price and 
performance, EPA's EPP program has developed these purchasing guides to 
help government purchasers consider the environmental factors in the 
purchasing process. EPA's EPP program is committed to reviewing and 
updating information contained within the purchasing guides when new 
information becomes available.

B. What is the Agency's Authority for Taking this Action?

    Spending approximately $230 billion annually on a large quantity 
and wide variety of products and services, the Federal government 
leaves a large environmental ``footprint.'' However, by purchasing 
environmentally preferable products and services, the Federal 
government can use its purchasing power to increase national demand for 
greener products as well as to help meet environmental goals through 
markets rather than mandates. In 1995, in response to Executive Order 
12873, EPA established the EPP program to encourage and assist 
Executive agencies in the purchase of environmentally preferable 
products and services. In 1997, the Federal Acquisition Regulation 
(FAR), which establishes uniform procedures and policies for Federal 
acquisition, was amended to support Federal procurement of ``green'' 
products and services. And, most recently, in 1998, Executive Order 
13101, titled ``Greening the Government through Waste Prevention, 
Recycling, and Federal Acquisition,'' directed Executive agencies to 
``consider . . . a broad range of factors including: elimination of 
virgin material requirements; use of biobased products; use of 
recovered materials; reuse of product; life cycle cost; recyclability; 
use of environmentally preferable products; waste prevention (including 
toxicity reduction or elimination); and ultimate disposal'' when making 
purchasing decisions and to ``modify their procurement programs as 
appropriate.''
    Similarly, the Biomass R & D Act of 2000, the Farm Bill of 2002, 
and Executive Order 13134 emphasize the potential importance of 
biobased products to national economic and environmental interests. 
Together these authorities encourage a strong Federal role in the 
development and early adoption of biobased products and recognize the 
role of procurement as part of an overall Federal policy on biobased 
products.

List of Subjects

    Environmental protection, Procurement guidelines, 
Environmentally preferable purchasing product guides, Federal 
procurement, Environmentally preferable purchasing.

[[Page 39474]]

    Dated: June 23, 2004.
Susan B. Hazen,
Assistant Administrator, Office of Prevention, Pesticides and Toxic 
Substances.
[FR Doc. 04-14831 Filed 6-29-04; 8:45 am]

BILLING CODE 6560-50-S
