[Federal Register Volume 87, Number 211 (Wednesday, November 2, 2022)]
[Notices]
[Pages 66176-66178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23843]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2022-0835; FRL-10293-01]


Webinar and Opportunity To Submit Applications for the Assessment 
of Environmental Performance Standards and Ecolabels for Potential 
Inclusion in EPA's Recommendations for Federal Purchasing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is expanding the 
Recommendations of Specifications, Standards and Ecolabels for Federal 
Purchasing (Recommendations) and is seeking managers of standards 
development organizations, ecolabel programs, and associated conformity 
assessment bodies to apply for potential assessment and inclusion in 
the Recommendations. Interested applicants should electronically submit 
responses to the scoping questions. Those considering applying are 
invited to attend a webinar hosted by the EPA's Environmentally 
Preferable Purchasing (EPP) Program to learn more and ask questions 
about the assessment process. Once all applications are received, EPA 
will issue an estimated timeline for full assessments against Sections 
I through IV of the Framework for the Assessment of Environmental 
Performance Standards and Ecolabels for Federal Purchasing (Framework). 
The number of full assessments that EPA can perform will depend on the 
number of applicants and available resources.

DATES: 
    Webinar: The Webinar will be held virtually on November 15, 2022, 
from 1:00 p.m. to 2:30 p.m. EDT. You must register online at https://www.zoomgov.com/webinar/register/WN_gXXfTIpbS9CLgEQWQHsNKQ in order to 
receive the webcast meeting link and audio teleconference information. 
EPA encourages timely registration, but you can register at any time 
before and up to the start of the meeting. Once you register, you will 
promptly receive an email with the necessary webcast meeting 
information.
    Applications: On or before January 1, 2023, interested parties must 
electronically submit by email to [email protected] responses to the scoping 
questions found at: https://www.epa.gov/greenerproducts/framework-assessment-environmental-performance-standards-and-ecolabels-federal. 
Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute.
    Special accommodations: Requests for special accommodations for the 
Webinar should be submitted on or before November 7, 2022, to allow EPA 
time to process the requests. For information on access or services for 
individuals with disabilities, and to request accommodation for a 
disability, please contact Jenna Larkin, listed under FOR FURTHER 
INFORMATION CONTACT.

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPPT-2022-0835 that is available 
online at https://www.regulations.gov. Additional instructions on 
visiting the docket, along with more information about dockets 
generally, is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Jenna Larkin, Environmental Protection 
Specialist, Environmentally Preferable Purchasing Program (7409M), 
Office of Chemical Safety and Pollution Prevention, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; telephone number: (202) 564-3395; email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Executive Summary

A. Does this action apply to me?

    This is directed to the public in general. This notice may be of 
specific interest to persons who represent standards development 
organizations, ecolabel programs, and associated conformity assessment 
bodies that manage product or service environmental performance 
standards and/or ecolabels that could be considered for use in United 
States federal sustainable procurement efforts.

B. What action is the Agency taking?

    EPA is expanding the Recommendations of Specifications, Standards 
and Ecolabels for Federal Purchasing. Interested applicants must submit 
their responses to the scoping questions electronically to [email protected] 
by January 1, 2023. The scoping questions can be found in the docket or 
at https://www.epa.gov/greenerproducts/framework-assessment-environmental-performance-standards-and-ecolabels-federal.

C. What is the Agency's authority for taking this action?

    This effort directly supports the implementation of several 
Executive Orders and statutes.
    Executive Order 14008, entitled ``Tackling the Climate Crisis at 
Home and Abroad'' (86 FR 7619, February 1, 2021), directs the Federal 
government to lead by example and leverage its buying power to 
``catalyze private sector investment into, and accelerate the 
advancement of America's industrial capacity to supply domestic clean 
energy, buildings, vehicles, and other necessary products and 
materials''. The expansion of the Recommendations will help to spur 
this market demand for more sustainable products and services.
    Standards and ecolabels included in the Recommendations will also 
help to meet Executive Order 14030, entitled ``Climate-Related 
Financial Risk'' (86 FR 27967, May 20, 2021), which directs the Federal 
Acquisition Regulatory (FAR) Council to consider amending the FAR to 
ensure that major procurements minimize the risk of climate change.
    The implementing instructions for Executive Order 14057, entitled 
``Catalyzing Clean Energy Industries and Jobs Through Federal 
Sustainability'' (86 FR 70935, December 13, 2021), directs EPA to 
consider expanding the Recommendations to facilitate net-zero emissions 
procurement and other related sustainable purchasing goals. In 
addition, it directs federal purchasers to prioritize products and 
services that address multiple environmental

[[Page 66177]]

impacts. After meeting applicable statutory mandates (BioPreferred, 
SNAP, CPG, ENERGY STAR/FEMP), agencies are directed to buy products and 
services that meet one or more of the applicable EPA programs, 
including those meeting the specifications, standards, and ecolabels 
included in the Recommendations.
    The section 12(d) of the National Technology Transfer and 
Advancement Act (NTTAA), 15 U.S.C. 272 note, as well as mandates from 
the White House Office of Management and Budget (OMB) identified as 
Circular A-119, entitled ``Federal Participation in the Development and 
Use of Voluntary Consensus Standards and in Conformity Assessment 
Activities'', direct federal agencies to use Voluntary Consensus 
Standards (VCS) in lieu of government-unique standards as a means to 
carry out policy and procurement objectives except where inconsistent 
with applicable law or otherwise impractical.
    Section 6604(b)(11) of the Pollution Prevention Act (PPA), 42 
U.S.C. 13101 et seq., directs EPA to identify opportunities to use 
Federal Procurement to encourage pollution prevention.

II. Background

    The Infrastructure Investment and Jobs Act (IIJA), Public Law 117-
58 (November 15, 2021), invests $100 million in the agency's Pollution 
Prevention program, including a new grant opportunity focused on 
encouraging products, purchasing, and/or supply chains that are safer, 
more sustainable, and environmentally preferable. The Recommendations, 
along with the standards and ecolabels included in the Recommendations, 
will be referenced, and utilized in the implementation of these new 
grants.
    In addition, the Inflation Reduction Act (IRA), Public Law 117-169 
(August 16, 2022), allocates $350 million to the P2 program to 
establish a labeling program for lower embodied carbon construction 
materials and a new grant program to provide technical assistance for 
reducing, measuring, and reporting the embodied carbon of construction 
materials and products. To support these efforts via the 
Recommendations, where appropriate, EPA seeks to understand the current 
state of private sector standards and ecolabels in addressing embodied 
carbon and other key sustainable acquisition priorities in the 
construction sector.

A. What are the recommendations of specifications, standards, and 
ecolabels for Federal purchasing?

    The Recommendations help purchasers easily identify credible and 
effective environmental performance standards/ecolabels/certifications 
by product/service category for incorporation into federal procurement 
(e.g., contracts and e-procurement systems). They currently include 
over 30 product and service categories and more than 40 private sector 
environmental performance standards and ecolabels. The Recommendations 
give preference to multi-attribute/lifecycle-based standards and 
ecolabels that address key impact areas (aka hotspots) and where 
product conformance is determined by a competent third-party 
certification body. Federal purchasers are directed by Executive Order 
14057 and the Federal Sustainability Plan to procure products and 
services meeting the Recommendations to help facilitate net-zero 
emissions procurement and other sustainability goals.

B. What is the framework for the assessment of environmental 
performance standards and ecolabels?

    The Framework, available at https://www.epa.gov/greenerproducts/framework-assessment-environmental-performance-standards-and-ecolabels-federal, provides a transparent, fair, and consistent approach to 
evaluate product and service environmental performance standards and 
ecolabels for inclusion in the EPA's Recommendations. The EPA began 
developing the Framework (formerly known as the Guidelines) in 2011 via 
a multi-stakeholder, consensus-based process, including several public 
comment periods. The Framework was then piloted in 2015-2016 in three 
product categories: furniture, flooring (includes carpet), and paints/
coatings. Based on lessons learned from the pilot, additional minor 
edits were made to clarify and streamline the criteria within the 
Framework and make it applicable to services. An updated version of the 
Framework was announced and posted to the EPA website in February 2022. 
That announcement also included details about EPA's intentions to use 
the Framework to expand the Recommendations into additional product and 
service categories. More details on the Framework development process 
are available at https://www.epa.gov/greenerproducts/framework-development-overview.
    The Framework includes:
     Scoping Questions: Assist EPA in planning and budgeting; 
confirm eligibility and scope before proceeding with full assessment 
against applicable sections of the Framework.
    The four sections of Assessment Criteria include:
     Section I: Process for Developing the Standard--Assesses 
the procedures used to develop, maintain, and update an environmental 
performance standard, including whether a standard is considered a 
voluntary consensus standard.
     Section II: Environmental Effectiveness of the Standard--
Assesses the criteria in the environmental performance standard or 
ecolabel that support the claim of environmental preferability.
     Section III: Conformity Assessment--Assesses the 
procedures and practices by which products or services are assessed for 
conformity to the requirements specified by standards and ecolabeling 
programs.
     Section IV: Management of Ecolabeling Programs--Assesses 
the organizational and management practices of an ecolabeling program.

C. What information is EPA considering during review of the 
applications?

    EPA is interested in performing assessments in purchase categories 
that support federal goals and mandates regarding climate (e.g., net-
zero emissions procurement and low embodied carbon construction 
materials), safer chemicals (e.g., products that do not contain 
perfluoroalkyl or polyfluoroalkyl substances (PFAS)), and/or other 
Administration sustainable acquisition priorities. EPA is particularly 
interested in expanding into the following sectors:
     Building/construction;
     Infrastructure;
     Landscaping;
     Food and cafeteria services;
     Uniforms/clothing;
     Professional services; and
     Laboratories and healthcare.
    Additionally, in purchase categories already included in the 
Recommendations. See current list of purchase categories covered at 
https://www.epa.gov/greenerproducts/recommendations-specifications-standards-and-ecolabels-federal-purchasing.

III. Application Process

A. How do I apply?

    Applicants should familiarize themselves with the Framework for the 
Assessment of Environmental Performance Standards and Ecolabels

[[Page 66178]]

found at: https://www.epa.gov/system/files/documents/2022-05/updated-framework_5-2022.pdf. If eligible, applicants should download and 
complete the scoping questions and electronically submit them to 
[email protected] by January 1, 2023. The scoping questions can be found 
within the docket or at: https://www.epa.gov/greenerproducts/framework-assessment-environmental-performance-standards-and-ecolabels-federal. 
No further responses to Sections I through IV of the Framework are 
required to be submitted at this time.

B. What to expect after applying?

    After the application deadline closes, the EPA will issue an 
estimated timeline for full assessments against Sections I through IV 
of the Framework by product/service category within 120 days. For each 
category being assessed, the EPA will provide further notice and 
instruction to applicable applicants.
    EPA may not perform a full assessment of all standards and/or 
ecolabels submitted for assessment due to either lack of resources or 
lack of alignment with Administration priorities. EPA intends for there 
to be other opportunities to apply for assessment in the future. The 
timeframe for EPA to complete the assessments will depend on the number 
of applicants and available resources.

C. What are other ways these assessments will be used?

    The General Services Administration (GSA) is partnering with EPA in 
this effort to better understand the market of building/infrastructure/
site project-level standards/ecolabels/certifications so it can provide 
this information to other agencies. Per section 436(h) of the Energy 
Independence and Security Act of 2007 (EISA), 42 U.S.C. 17001 et seq., 
GSA evaluates green building certification systems and provides its 
findings to the Secretary of Energy who, in consultation with the 
Department of Defense and GSA, formally identifies the system(s) to be 
used across the federal government. For more information, please visit 
https://www.gsa.gov/gbcertificationreview.

IV. Paperwork Reduction Act (PRA)

    According to PRA, 44 U.S.C. 3501 et seq., an agency may not conduct 
or sponsor, and a person is not required to respond to a collection of 
information that requires OMB approval under the PRA, unless it has 
been approved by OMB and displays a currently valid OMB control number. 
The OMB control numbers for EPA's regulations in title 40 of the CFR, 
after appearing in the Federal Register, are listed in 40 CFR part 9, 
and included on the related collection instrument or form, as 
applicable.
    The information collection activities and estimated burdens 
associated with the assessment of environmental performance standards 
and ecolabels for federal procurement are approved by OMB pursuant to 
the PRA under OMB Control No. 2070-0199 (EPA ICR No. 2516.04) through 
September 30, 2025, unless that approval is extended or renewed prior 
to that date. This action does not impose any new burden or activities 
requiring additional OMB approval. This program involves voluntary 
responses as specified under 42 U.S.C 13101 and 15 U.S.C. 3701, and the 
annual paperwork burden for the collection associated with the full 
assessment against sections I through IV of the Framework is estimated 
to average 8.5 hours per response. For additional details, please see 
the Information Collection Request (ICR) document that is available in 
the docket.
    Send any comments about the accuracy of the burden estimate, and 
any suggested methods for further minimizing respondent burden, 
including through the use of automated collection techniques, to the 
Director, Regulatory Support Division, Office of Mission Support 
(2822T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, 
Washington, DC 20460-0001. Please remember to include the OMB control 
number in any correspondence, but do not submit any questions to this 
address.
    Authority: 42 U.S.C. 1310.

    Dated: October 28, 2022.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2022-23843 Filed 11-1-22; 8:45 am]
BILLING CODE 6560-50-P


