Wednesday,

January
19,
2000
Part
V
Environmental
Protection
Agency
40
CFR
Part
247
Comprehensive
Guideline
for
Procurement
of
Products
Containing
Recovered
Materials;
Recovered
Materials
Advisory
Notice
III;
Final
Rule
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Federal
Register
/
Vol.
65,
No.
12
/
Wednesday,
January
19,
2000
/
Rules
and
Regulations
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
247
[
SWH
 
FRL
 
6524
 
2]

RIN
2050
 
AE23
Comprehensive
Guideline
for
Procurement
of
Products
Containing
Recovered
Materials
AGENCY:
Environmental
Protection
Agency.
ACTION:
Final
rule.

SUMMARY:
The
Environmental
Protection
Agency
today
is
amending
the
May
1,
1995
Comprehensive
Procurement
Guideline
(
CPG).
EPA
is
designating
18
new
items
that
are
or
can
be
made
with
recovered
materials.
These
items
are
carpet
cushion;
flowable
fill;
railroad
grade
crossing
surfaces;
park
benches
and
picnic
tables;
playground
equipment;
food
waste
compost;
plastic
lumber
landscaping
timbers
and
posts;
solid
plastic
binders;
plastic
clipboards;
plastic
file
folders;
plastic
clip
portfolios;
plastic
presentation
folders;
sorbents
(
i.
e.,
absorbents
and
adsorbents);
industrial
drums;
awards
and
plaques;
mats;
signage;
and
manualgrade
strapping.
The
CPG
implements
section
6002
of
the
Resource
Conservation
and
Recovery
Act
(
RCRA)
and
section
502
of
Executive
Order
13101,
which
require
EPA
to
designate
items
that
are
or
can
be
made
with
recovered
materials
and
to
recommend
practices
that
procuring
agencies
can
use
to
procure
designated
items.
Once
EPA
designates
an
item,
any
procuring
agency
that
uses
appropriated
Federal
funds
to
procure
that
item
must
purchase
the
item
containing
the
highest
percentage
of
recovered
materials
practicable.
Today's
action
will
use
government
purchasing
power
to
stimulate
the
use
of
these
materials
in
the
manufacture
of
new
products,
thereby,
fostering
markets
for
materials
recovered
from
solid
waste.
RCRA
section
6002
provides
certain
limited
exceptions
to
the
general
requirement
to
buy
EPA­
designated
items.
Under
certain
circumstances
based
on
competition,
price,
availability,
and
performance,
RCRA
section
6002
does
not
require
that
procuring
agencies
purchase
an
item
designated
by
EPA.
In
the
May
1,
1995
CPG,
EPA
codified
the
RCRA
section
6002
procurement
requirements
for
the
convenience
of
procuring
agencies
so
they
could
find
all
of
the
RCRA
section
6002
procurement
provisions,
as
well
as
EPA's
item
designations,
in
one
location.
You
can
find
these
requirements
at
40
CFR
Part
247.
EFFECTIVE
DATE:
This
final
rule
is
effective
on
January
19,
2001.
ADDRESSES:
The
public
docket
for
this
document
is
Docket
F
 
1999
 
CP3F
 
FFFFF.
Documents
related
to
today's
notice
are
available
for
viewing
in
the
RCRA
Information
Center
(
RIC),
which
is
located
at
U.
S.
Environmental
Protection
Agency,
Crystal
Gateway
One,
1235
Jefferson
Davis
Highway,
Ground
Floor,
Arlington,
VA
22202.
The
RIC
is
open
from
9
a.
m.
to
4
p.
m.,
Monday
through
Friday,
except
for
Federal
holidays.
To
review
docket
materials,
it
is
recommended
that
the
public
make
an
appointment
by
calling
(
703)
603
 
9230.
Copies
cost
$
0.15/
page.
The
index
and
some
supporting
materials
are
available
electronically.
See
Section
IX
of
the
``
Supplementary
Information''
section
below
for
information
on
accessing
the
documents
electronically.
FOR
FURTHER
INFORMATION
CONTACT:
For
general
information
contact
the
RCRA
Hotline
at
(
800)
424
 
9346
or
TDD
(
800)
553
 
7672
(
hearing
impaired).
In
the
Washington,
DC
metropolitan
area,
call
(
703)
412
 
9810
or
TDD
(
703)
412
 
3323.
For
technical
information
on
individual
item
designations,
contact
Terry
Grist
at
(
703)
308
 
7257.
SUPPLEMENTARY
INFORMATION:

Preamble
Outline
I.
What
is
the
statutory
authority
for
this
amendment?
II.
Who
is
affected
by
this
amendment?
III.
Why
is
EPA
taking
this
action?
IV.
What
criteria
did
EPA
use
to
select
items
for
designation?
V.
What
are
the
definitions
of
terms
used
in
today's
action?
VI.
What
did
commenters
say
about
the
proposed
CPG
III
and
draft
RMAN
III?
A.
General
Comments
1.
Recordkeeping
and
Reporting
2.
Designation
of
Materials
B.
Comments
on
Proposed
Item
Designations
1.
Nylon
Carpet
with
Backing
Containing
Recovered
Materials
2.
Flowable
Fill
3.
Railroad
Grade
Crossing
Surfaces
4.
Sorbents
C.
Comments
on
Other
Items
Considered
for
Designation
VII.
Where
can
agencies
get
information
on
the
availability
of
EPA­
designated
items?
VIII.
Administrative
Assessments
A.
Executive
Order
12866:
Regulatory
Planning
and
Review
1.
Summary
of
Costs
2.
Product
Cost
3.
Summary
of
Benefits
B.
Regulatory
Flexibility
Act
and
Small
Business
Regulatory
Enforcement
Fairness
Act
C.
Unfunded
Mandates
Reform
Act
of
1995
and
Consultation
with
State,
Local,
and
Tribal
Governments
D.
Executive
Order
13132:
Federalism
E.
Executive
Order
13084:
Consultation
and
Coordination
with
Indian
Tribal
Governments
F.
Executive
Order
13045:
Protection
of
Children
from
Environmental
Risks
and
Safety
Risks
G.
National
Technology
Transfer
and
Advancement
Act
of
1995
H.
Submission
to
Congress
and
the
General
Accounting
Office
IX.
Supporting
Information
and
Accessing
Internet
I.
What
Is
the
Statutory
Authority
for
This
Amendment?

EPA
(``
the
Agency'')
is
promulgating
this
amendment
to
the
Comprehensive
Procurement
Guideline
under
the
authority
of
sections
2002(
a)
and
6002
of
the
Solid
Waste
Disposal
Act,
as
amended
by
the
Resource
Conservation
and
Recovery
Act
of
1976
(
RCRA),
as
amended,
42
U.
S.
C.
6912(
a)
and
6962.
The
Agency
is
also
promulgating
this
amendment
under
section
502
of
Executive
Order
(
E.
O.)
13101,
``
Greening
the
Government
Through
Waste
Prevention,
Recycling,
and
Federal
Acquisition,''
(
63
FR
49643,
September
14,
1998).

II.
Who
Is
Affected
by
This
Amendment?

This
action
may
potentially
affect
procuring
agencies
that
purchase
the
following
items:
carpet
cushion;
flowable
fill;
railroad
grade
crossing
surfaces;
park
benches
and
picnic
tables;
playground
equipment;
food
waste
compost;
plastic
lumber
landscaping
timbers
and
posts;
solid
plastic
binders;
plastic
clipboards;
plastic
file
folders;
plastic
clip
portfolios;
plastic
presentation
folders;
sorbents
(
i.
e.,
absorbents
and
adsorbents);
awards
and
plaques;
industrial
drums;
mats;
signage;
and
manual­
grade
strapping.
Under
RCRA
section
6002,
procuring
agencies
include
the
following:
(
1)
Any
Federal
agency;
(
2)
any
State
or
local
agency
using
appropriated
Federal
funds
for
a
procurement;
or
(
3)
any
contractors
of
these
agencies
who
are
procuring
these
items
for
work
they
perform
under
the
contract.
See
RCRA
section
1004(
17).
The
requirements
of
section
6002
apply
to
these
procuring
agencies
only
when
the
agencies
procure
designated
items
whose
price
exceeds
$
10,000
or
when
the
quantity
of
the
item
purchased
in
the
previous
year
exceeded
$
10,000.
A
list
of
entities
that
this
rule
may
cover
is
provided
in
Table
1.

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Federal
Register
/
Vol.
65,
No.
12
/
Wednesday,
January
19,
2000
/
Rules
and
Regulations
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
of
a
designated
item
in
a
given
year.
State
Government
...............................................
A
State
agency
that
uses
appropriated
Federal
funds
to
procure
$
10,000
or
more
of
a
designated
item
in
a
given
year.
Local
Government
..............................................
A
local
agency
that
uses
appropriated
Federal
funds
to
procure
$
10,000
or
more
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
of
a
designated
item
in
a
given
year.

This
table
is
not
intended
to
be
exhaustive.
To
determine
whether
this
action
applies
to
your
procurement
practices,
you
should
carefully
examine
the
applicability
criteria
in
40
CFR
§
247.12.
If
you
have
questions
about
whether
this
action
applies
to
a
particular
entity,
contact
Terry
Grist
at
(
703)
308
 
7257.
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
governments
that
would
be
impacted
by
this
rule
based
on
information
on
the
amount
of
Federal
funds
that
are
dispersed
to
specific
counties.
In
addition,
EPA
assumed
that
1,000
contractors
may
be
affected.
A
description
of
this
information
is
provided
in
the
Economic
Impact
Analysis
for
today's
rule.

III.
Why
Is
EPA
Taking
This
Action?

Section
6002(
e)
of
RCRA
requires
EPA
to
designate
items
that
are
or
can
be
made
with
recovered
materials
and
to
recommend
practices
to
help
procuring
agencies
meet
their
obligations
for
procuring
items
designated
under
RCRA
section
6002.
RCRA
requires
that
when
a
procuring
agency
purchase
an
EPAdesignated
item,
the
agency
must
purchase
that
item
made
of
the
highest
percentage
of
recovered
materials
practicable.
E.
O.
13101
establishes
the
procedures
EPA
must
follow
when
implementing
RCRA
section
6002(
e).
Section
502
of
the
Executive
Order
directs
EPA
to
issue
a
Comprehensive
Procurement
Guideline
(
CPG)
that
designates
items
that
are
or
can
be
made
with
recovered
materials.
At
the
same
time
EPA
promulgates
the
CPG,
the
Agency
must
publish
its
recommended
procurement
practices
for
entities
that
purchase
designated
items
in
a
related
Recovered
Materials
Advisory
Notice
(
RMAN).
These
practices
must
also
provide
recommendations
for
the
content
of
recovered
materials
in
the
designated
items.
The
Executive
Order
also
directs
EPA
to
update
the
CPG
every
two
years
and
to
issue
RMANs
periodically
to
reflect
changing
market
conditions.
The
original
CPG
(
CPG
I)
was
published
on
May
1,
1995
(
60
FR
21370).
It
established
eight
product
categories,
designated
19
new
items,
and
consolidated
five
earlier
item
designations.
At
the
same
time,
EPA
published
the
first
RMAN
(
RMAN
I)
(
60
FR
21386).
On
November
13,
1997,
EPA
published
CPG
II
(
62
FR
60962),
which
designated
an
additional
12
items.
At
the
same
time,
EPA
published
a
RMAN
II
(
62
FR
60975).
Paper
Products
RMANs
were
issued
on
May
29,
1996
(
61
FR
26985)
and
June
8,
1998
(
63
FR
31214).
On
August
26,
1998,
EPA
proposed
to
designate
19
additional
items
(
CPG
III)
and
published
draft
recommendations
that
provided
recommendations
for
entities
to
use
when
purchasing
items
that
contain
recovered
materials
(
RMAN
III).
See
63
FR
45558
 
45578
and
63
FR
45580
 
45589,
respectively.
Today,
EPA
is
designating
18
of
the
items
proposed
in
CPG
III.
In
CPG
III,
EPA
proposed
designating
nylon
carpet
with
backing
containing
recovered
materials,
but
the
Agency
is
not
designating
this
item,
at
this
time
for
the
reasons
explained
below.
The
18
newly
designated
items
are
listed
below
by
product
category.

Construction
Products
Carpet
cushion
Flowable
fill
Railroad
grade
crossing
surfaces
Park
and
Recreation
Products
Park
benches
and
picnic
tables
Playground
equipment
Landscaping
Products
Food
waste
compost
Plastic
lumber
landscaping
timbers
and
posts
Non­
Paper
Office
Products
Solid
plastic
binders
Plastic
clipboards
Plastic
file
folders
Plastic
clip
portfolios
Plastic
presentation
folders
Miscellaneous
Sorbents
Industrial
drums
Awards
and
plaques
Mats
Signage,
including
sign
supports
and
posts
Manual­
grade
strapping
IV.
What
Criteria
Did
EPA
Use
To
Select
Items
for
Designation?
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.
The
Agency
also
considers
other
factors
in
its
selection
criteria.
EPA
consulted
with
Federal
procurement
and
requirements
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
that
each
procuring
agency
that
procures
an
item
that
EPA
has
designated
procure
the
item
that
contains
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
the
procuring
agency
determines:
(
1)
The
item
is
not
available
within
a
reasonable
period
of
time;
(
2)
the
item
fails
to
meet
the
performance
standards
that
the
procuring
agency
has
set
forth
in
the
product
specifications;
or
(
3)
the
item
is
available
only
at
an
unreasonable
price.
EPA
recognized
that
these
criteria
could
provide
procuring
agencies
with
a
rationale
for
not
purchasing
EPAdesignated
items
that
contain
recovered
materials.
For
this
reason,
EPA
considers
the
limitations
cited
in
RCRA
section
6002(
c)
when
it
selects
items
to
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Federal
Register
/
Vol.
65,
No.
12
/
Wednesday,
January
19,
2000
/
Rules
and
Regulations
designate
in
the
CPG.
Therefore,
in
CPG
I,
the
Agency
outlined
the
following
criteria
that
it
uses
when
it
selects
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.
EPA
discussed
these
criteria
in
the
CPG
I
background
documents
and
repeated
that
discussion,
for
reader
convenience,
in
Section
II
of
the
document
entitled,
``
Proposed
Comprehensive
Procurement
Guideline
(
CPG)
III
and
Draft
Recovered
Materials
Advisory
Notice
(
RMAN)
III
 
Supporting
Analyses.''
The
RCRA
public
docket
for
the
proposed
CPG
III
rule,
docket
F
 
1998
 
CP3P
 
FFFFF
contains
this
document.
In
CPG
I,
EPA
stated
that
it
had
adopted
two
approaches
for
designating
items
that
are
made
with
recovered
materials.
For
some
items,
such
as
floor
tiles,
the
Agency
designated
broad
categories
and
provided
information
in
the
RMAN
about
the
appropriate
applications
or
uses
for
the
items.
For
other
items,
such
as
plastic
trash
bags,
EPA
designated
specific
items,
and,
in
some
instances,
specified
the
types
of
recovered
materials
or
applications
to
which
the
designation
applies.
The
Agency
explained
the
approaches
that
it
took
to
designate
items
in
the
preamble
to
CPG
I
(
60
FR
21373,
May
1,
1995),
and
repeats
them
here
for
the
convenience
of
the
reader:

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
designating
a
broad
category
of
items
in
the
CPG
requires
that
they
(
1)
procure
all
items
included
in
such
category
with
recovered
materials
content
and
(
2)
establish
an
affirmative
procurement
program
for
the
entire
category
of
items,
even
when
specific
items
within
the
category
do
not
meet
the
procuring
agency's
performance
standards.
RCRA
clearly
does
not
require
such
actions,
as
implemented
through
the
CPG
and
the
RMAN.
RCRA
section
6002
does
not
require
a
procuring
agency
to
purchase
items
that
contain
recovered
materials
if
the
items
are
not
available
or
if
they
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
that
contains
recovered
material
is
only
available
at
an
unreasonable
price,
or
if
purchasing
such
item
does
not
maintain
a
reasonable
level
of
competition.
However,
EPA
stresses
that,
the
procuring
agency
should
seek
to
purchase
the
product
made
with
highest
percentage
of
recovered
materials
practicable
if
that
product
meets
the
procuring
agency's
performance
requirements
and
all
other
factors
are
equal.
The
items
designated
today
have
all
been
evaluated
against
EPA's
criteria.
The
Agency
discusses
these
evaluations
in
the
``
Background
Document
for
the
Final
Comprehensive
Procurement
Guideline
(
CPG)
III
and
Final
Recovered
Materials
Advisory
Notice
(
RMAN)
III''
(
hereafter
referred
to
as
the
``
Background
Document
for
the
Final
CPG
III/
RMAN
III),''
which
the
Agency
has
placed
in
the
docket
for
the
final
CPG
III
and
RMAN
III.
You
can
also
access
the
document
electronically.
(
See
Section
IX
below
for
Internet
access
directions.)

V.
What
Are
the
Definitions
of
Terms
Used
in
Today's
Action?
Today,
in
40
CFR
247.3,
EPA
is
defining
the
following
new
item­
specific
terms:
carpet
cushion;
flowable
fill;
railroad
grade
crossing
surfaces;
park
benches
and
picnic
tables;
playground
equipment;
food
waste
compost;
plastic
lumber
landscaping
timbers
and
posts;
solid
plastic
binders;
plastic
clipboards;
plastic
file
folders;
plastic
clip
portfolios;
plastic
presentation
folders;
sorbents;
industrial
drums;
awards
and
plaques;
mats;
signage;
and
manualgrade
strapping.
These
definitions
are
based
on
industry
definitions,
such
as
the
American
Society
for
Testing
and
Materials
(
ASTM)
or
other
industry
standards,
or
describe
the
scope
of
items
that
the
Agency
is
designating.
For
several
items
that
the
Agency
is
designating
today,
EPA
recommends
in
the
final
RMAN
III
that
procuring
agencies
use
two
different
measures
of
the
content
of
recovered
materials:
(
1)
A
component
of
postconsumer
recovered
materials
and
(
2)
a
component
of
total
recovered
materials.
In
these
instances,
EPA
found
that
manufacturers
were
using
both
types
of
materials
to
manufacture
the
products.
If
the
Agency
recommended
only
postconsumer
content
levels,
it
would
fail
to
meet
the
RCRA
mandate
to
maximize
the
use
of
recovered
materials,
because
the
Agency
would
fail
to
acknowledge
the
contribution
that
manufacturers
using
other
manufacturers'
byproducts
as
feedstock
have
made
to
solid
waste
management.
Because
the
recommendations
for
the
items
that
the
Agency
is
designating
today
use
the
terms
``
postconsumer
materials''
and
``
recovered
materials,''
we
repeat
the
definitions
for
these
terms
in
this
notice.
The
Agency
provided
these
definitions
in
CPG
I,
and
they
are
also
provided
at
40
CFR
247.3.

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
the
term
does
not
include
those
materials
and
byproducts
generated
from,
and
commonly
reused
within,
an
original
manufacturing
process.

VI.
What
Did
Commenters
Say
About
the
Proposed
CPG
III
and
Draft
RMAN
III?
Forty
commenters
responded
to
the
proposed
CPG
III
and
the
draft
RMAN
III.
These
commenters
represented
various
interests,
including
but
not
limited
to
Federal
agencies,
State
agencies,
local
governments,
product
manufacturers,
trade
associations
and
product
users.
In
this
section,
EPA
discusses
the
major
comments
that
commenters
provided
on
the
proposed
CPG
III.
The
most
significant
comments
received
on
the
draft
RMAN
III
are
discussed
in
the
preamble
to
the
notice
of
availability
of
the
final
RMAN
III,
which
is
published
in
the
notices
section
of
today's
Federal
Register.
You
can
find
a
summary
of
all
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19,
2000
/
Rules
and
Regulations
comments
and
EPA's
responses
in
the
``
Background
Document
for
the
Final
CPG
III/
RMAN
III.''

A.
General
Comments
1.
Recordkeeping
and
Reporting
Comment:
The
U.
S.
Department
of
Energy
(
DOE)
stated
that
it
supports
efforts
to
conserve
resources
by
procuring
products
containing
recovered
materials.
DOE
stated
that
it
has
aggressively
instituted
an
affirmative
procurement
program
(
APP)
throughout
the
Department.
DOE
expressed
its
concern,
however,
that
as
the
number
of
designated
items
increases,
administrative
costs
of
the
program
will
become
increasingly
burdensome.
DOE
believes
that
as
the
reporting
and
data
collection
requirements
continue
to
grow
with
additional
designations,
it
is
likely
that
the
good
will
and
positive
environmental
message
of
E.
O.
13101
will
be
misplaced.
DOE
suggested
that
EPA
seek
to
revise
the
Federal
Acquisition
Regulation
(
FAR)
to
channel
federal
purchasing
toward
products
with
recycled
content.
This
way,
federal
agencies
could
report
progress
in
implementing
the
FAR
language,
as
opposed
to
attempting
to
capture
every
purchase
made
by
the
federal
government.
Response:
EPA
has
stated
on
many
occasions
that
implementation
of
RCRA
section
6002
must
be
consistent
with
other
federal
procurement
law.
For
example,
in
Appendix
II
to
the
``
Background
Document
for
Proposed
Comprehensive
Procurement
Guideline
(
CPG)
III
and
Draft
Recovered
Materials
Advisory
Notice
(
RMAN)
III,''
April
1998,
EPA
stated
the
following:

The
purchase
of
recycled
products
under
RCRA
section
6002
must
be
consistent
with
other
Federal
procurement
law,
which
requires
that
contracts
be
awarded
to
the
lowest
priced,
responsive,
responsible
bidder
*
*
*.
On
August
22,
1997,
the
Civilian
Agency
Acquisition
Council
(
CAAC)
and
the
Defense
Acquisition
Regulations
Council
(
DARC)
issued
a
final
rule
amending
the
Federal
Acquisition
Regulation
(
FAR)
parts
1,
10,
11,
13,
15,
23,
36,
42,
and
52
to
reflect
the
government's
preference
for
the
acquisition
of
environmentally­
sound
and
energyefficient
products
and
services
and
to
establish
an
affirmative
procurement
program
favoring
items
containing
the
maximum
practicable
content
of
recovered
materials.
(
See
62
FR
44809,
August
22,
1997.)

On
September
23,
1999,
the
CAAC
and
DARC
proposed
amendments
to
the
FAR
to
clarify
language
relating
to
implementation
of
Executive
Order
13101.
The
proposed
rule
(
64
FR
51656,
September
23,
1999)
also
reorganizes
various
sections
of
the
FAR
to
make
environmental
procurement
policies
easier
to
find
and
implement.
Procuring
agencies
should
consult
the
FAR
for
guidance
on
acquisitions
issues.
In
addition,
the
Office
of
the
Federal
Environmental
Executive
has
established
a
Reporting
Workgroup
and
associated
subcommittees
to
examine
issues
on
recordkeeping
and
reporting.
Topics
of
discussion
have
included
the
potential
for
using
automated
systems
and
electronic
commerce,
vendor
reporting,
as
well
as
other
alternatives.
It
is
the
intent
of
these
efforts
that,
through
the
use
of
interagency
workgroups,
reporting
and
recordkeeping
requirements
can
be
effectively
and
efficiently
implemented.
Presumably,
if
these
workgroups
determine
that
additional
FAR
changes
are
warranted,
these
changes
could
be
proposed
through
the
process
and
procedures
already
established
for
amending
the
FAR.

2.
Designation
of
Materials
Comment:
The
Steel
Recycling
Institute
(
SRI)
and
the
Steel
Manufacturers
Association
submitted
separate
comments
in
support
of
EPA's
proposed
designation
of
items
containing
recovered
steel
(
i.
e.,
railroad
grade
crossing
surfaces,
park
benches
and
picnic
tables,
playground
equipment,
industrial
drums,
signage,
and
strapping).
SRI
also
urged
EPA
to
recognize
(
i.
e.,
designate)
steel
in
general
for
its
high
recyclability
and
guaranteed
recycled
content.
The
American
Iron
and
Steel
Institute
and
the
American
Zinc
Association
also
submitted
comments
endorsing
the
comments
provided
by
SRI.
SRI
provided
updated
information
for
use
in
the
``
Summary
of
Benefits''
section
of
this
notice,
stating
that
its
latest
study
shows
that
for
every
ton
of
steel
recycled,
1,400
pounds
of
coal
and
120
pounds
of
limestone
are
saved,
versus
1,000
pounds
of
coal
and
40
pounds
of
limestone
stated
in
EPA's
notice
(
63
FR
45575).
SRI
also
submitted
comments
on
the
recycled
content
of
steel
products.
A
summary
of
these
comments
and
the
Agency's
response
is
discussed
in
RMAN
III
which
is
published
in
the
notices
section
of
today's
Federal
Register.
Response:
EPA
agrees
that
steel,
like
many
metals,
is
both
recyclable
and
can
contain
recovered
materials.
EPA
also
agrees
that
steel,
like
many
metals,
is
a
waste
management
success
story
in
terms
of
its
recyclability,
high
recycling
rate,
and
recovered
materials
content.
EPA
also
applauds
the
steel
industry's
source
reduction
efforts
to
produce
stronger,
lighter
weight
steel,
in
response
to
customer
demand.
RCRA,
however,
specifically
requires
EPA
to
designate
items
that
are
or
can
be
made
with
recovered
materials,
not
the
component
materials
used
in
those
items.
Accordingly,
EPA
designates
items
that
are
manufactured
with
steel,
not
the
material
itself.
EPA
has
used
the
new
data
provided
by
SRI
for
coal
and
limestone
savings
resulting
from
the
use
of
recovered
steel
in
manufacturing.
This
information
has
been
incorporated
in
all
applicable
documents
supporting
the
final
CPG/
RMAN
III.

B.
Comments
on
Proposed
Item
Designations
A
vast
majority
of
commenters
supported
the
item
designations
proposed
in
CPG
III
with
minor
comments.
This
section
discusses
the
major
comments
submitted
on
specific
items
proposed
for
designation
in
the
proposed
CPG
III.
EPA
has
included
a
summary
of
all
comments
on
the
proposed
CPG
III
and
our
responses
in
the
``
Background
Document
for
the
Final
CPG
III/
RMAN
III.''
EPA
received
significant
comments
on
four
items:
carpet
backing,
flowable
fill,
railroad
grade
crossings,
and
sorbents.
These
comments
are
discussed
below.
Based
on
the
item­
specific
comments
received,
we
are
promulgating
all
of
the
items
proposed
with
the
exception
of
nylon
carpet
with
backing
containing
recovered
materials.

1.
Nylon
Carpet
With
Backing
Containing
Recovered
Materials
Comments:
EPA
received
six
comments
in
opposition
to
the
proposed
designation
of
nylon
carpet
with
backing
containing
recovered
materials.
These
commenters
all
stated
that
there
is
only
one
manufacturer
currently
making
nylon
carpet
backing
with
recovered
materials
content.
They
indicated
that
the
manufacturer
uses
a
patented
process
and,
therefore,
a
designation
is
premature
and
does
not
meet
the
statutory
requirements
for
adequate
competition
when
designating
items.
Response:
EPA
proposed
to
designate
nylon
carpet
with
backing
containing
recovered
materials
based
on
the
fact
that
at
the
time
of
the
proposal,
one
manufacturer
was
producing
carpet
tiles
with
backing
containing
recovered
materials
commercially
and,
as
the
Agency
stated
in
the
background
document,
two
other
manufacturers
were
piloting
production
runs
with
recovered
materials
content
and
were
expected
to
enter
the
marketplace.
As
a
result
of
this
comment,
EPA
conducted
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/
Rules
and
Regulations
additional
research
and
found
that,
since
the
proposal,
significant
developments
have
occurred
in
the
carpet
industry
with
respect
to
the
use
of
recovered
materials
in
nylon
carpet
backing
and
the
fiber
facing.
As
an
example,
one
company
is
currently
making
``
renewed''
carpet
tiles.
The
company
takes
old
carpet
and
makes
renewed
carpet
tiles
through
a
series
of
process
steps
which
include
supercleaning,
retexturing
of
fibers,
and
adding
colors
and
patterns.
In
addition,
many
companies
have
begun
or
are
expected
to
begin
manufacturing
nylon
carpet
tiles
with
recovered
materials
in
the
fiber
facing.
Since
significant
developments
have
occurred
with
respect
to
the
use
of
recovered
materials
in
the
nylon
carpet
industry,
the
Agency
believes
additional
research
should
be
conducted
before
a
final
designation
for
nylon
carpet
or
nylon
carpet
backing
is
issued
to
ensure
these
developments
are
given
proper
consideration.
Therefore,
the
Agency
is
not
designating
this
item
at
this
time,
but
will
consider
designating
nylon
carpet
products
when
proposing
the
next
procurement
guideline
(
CPG
IV).
Although
the
Agency
is
not
designating
this
item
at
this
time,
procuring
agencies
may
choose
to
procure
any
item
containing
recovered
materials,
regardless
of
whether
the
item
is
specifically
designated
by
EPA.
Procurement
of
items
containing
recovered
materials,
whether
or
not
they
are
designated
by
EPA,
is
consistent
with
RCRA
section
6002
and
E.
O.
13101.

2.
Flowable
Fill
EPA
received
18
sets
of
comments
on
its
proposal
to
designate
flowable
fill
containing
coal
fly
ash
and
ferrous
foundry
sands.
While
all
commenters
supported
the
proposed
designation
for
flowable
fill
containing
coal
fly
ash,
some
commenters
raised
issues
on
the
proposed
designation
of
flowable
fill
containing
ferrous
foundry
sands.
The
following
discussions
summarize
these
concerns
and
other
issues
raised
by
the
commenters
and
also
provides
the
Agency's
response.
Comment:
The
FIRST
Project
(
Foundry
Industry
Recycling
Starts
Today),
which
is
an
industry
consortium,
supported
EPA's
designation
of
flowable
fill
containing
foundry
sand,
with
a
few
comments.
The
FIRST
Project
took
issue
with
EPA's
statement
that
nonferrous
foundry
sands
are
typically
hazardous
waste
due
to
their
lead
and
cadmium
content
(
63
FR
45563).
The
FIRST
Project
maintains
that
spent
sand
from
the
vast
majority
of
nonferrous
foundries
is
not
hazardous,
nor
does
it
contain
lead
and
cadmium.
The
FIRST
Project
provided
analytical
data
from
nonferrous
foundry
sand
samples
to
support
their
position.
According
to
the
FIRST
Project,
due
to
changes
in
alloy
chemistries
of
many
nonferrous
foundry
operations
over
the
past
decade,
spent
sands
meet
EPA
and
state
definitions
of
nonhazardous
waste.
The
FIRST
Project
requested
that
EPA
correct
the
statement
about
nonferrous
sands
being
hazardous
waste.
They
also
suggested
that
EPA
list
the
American
Foundrymen's
Society
as
another
resource
for
obtaining
information
on
the
use
of
spent
foundry
sand
in
flowable
fill.
Response:
EPA
based
its
statement
regarding
the
hazardousness
of
nonferrous
foundry
sands
on
industry
data
provided
to
the
Agency
in
1995
as
part
of
the
Phase
IV
Land
Disposal
Restrictions
(
LDR)
rulemaking
(
60
FR
43654,
August
22,
1995).
These
data
indicated
that
the
sands
from
98%
of
bronze
and
brass
(
B&
B)
foundries
and
40%
of
bronze
and
brass
and
aluminum
(
B&
B&
A)
foundries
were
characteristically
hazardous
for
metals.
The
commenter's
analytical
data
do
not
support
their
claim
that
a
majority
of
nonferrous
foundry
sands
are
nonhazardous
because
in
numerous
cases,
improper
test
methods
were
used.
First,
for
8
of
12
aluminum
green
sand
waste
samples,
the
digestion
of
the
sample
uses
SW
 
846
Method
3010A
or
Method
3020A
(
both
normally
used
for
water)
instead
of
Methods
3050
and
3051
(
both
used
for
solids).
(
The
other
4
aluminum
green
sand
samples
did
use
Method
3051.)
These
digestion
methods
are
weaker
and
would
extract
less
of
whatever
metals
are
present
in
the
waste
matrix.
In
addition,
virtually
all
of
the
commenter's
leachate
extraction
data
on
spent
sand
waste
samples
were
done
using
either
the
Synthetic
Precipitation
Leaching
Procedure
(
SPLP)
SW
 
846
Method
1312
(
which
relies
on
nitric/
sulphuric
acid
as
the
extractant
or
deionized
water)
rather
than
the
Toxicity
Characteristic
Leachate
Procedure
(
TCLP)
SW
 
846
Method
1311
which
the
Agency
uses
to
determine
toxicity
for
purposes
of
assessing
hazardousness
under
40
CFR
261.24.
Therefore,
the
commenter's
leachate
extraction
data
are
not
appropriate
for
determining
whether
the
samples
tested
are
characteristically
hazardous.
The
Agency
agrees
with
the
commenter,
however,
that
the
statement
in
the
proposed
CPG
III
was
too
general
and
may
have
implied
a
conclusive
determination
about
the
regulatory
nature
of
nonferrous
foundry
sands.
This
clearly
was
not
the
intent
of
the
statement.
Therefore,
the
Agency
has
removed
any
characterization
of
nonferrous
foundry
sands
as
hazardous
in
the
final
CPG
III
and
all
supporting
documents.
The
Agency
agrees
with
the
commenter
that
the
American
Foundrymen's
Society
should
be
identified
as
a
resource
for
obtaining
information
regarding
the
use
of
spent
foundry
sand
in
flowable
fill
and
EPA
will
ensure
this
reference
is
made
in
all
documents
supporting
the
final
CPG
III/
RMAN
III
where
appropriate.
Comment:
The
FIRST
Project
commented
that
applications
for
the
use
of
flowable
fill
should
be
broadened
to
include
structural
fill
for
foundation
subbases,
subfootings,
floor
lab
bases,
and
pipe
beddings.
Response:
EPA's
designation
in
the
CPG
and
recommendations
in
the
RMAN
do
not
preclude
procuring
agencies
from
using
flowable
fill
in
the
applications
suggested
by
the
commenter.
If
flowable
fill
meets
the
requisite
specifications
and
performance
standards
for
a
particular
application,
then
flowable
fill
can
be
considered
for
use
by
a
procuring
agency.
The
specifications
and
test
methods
identified
in
the
RMAN
are
provided
to
help
procuring
agencies
in
their
procurement
efforts.
If
a
procuring
Agency
wants
to
include
other
applications
for
flowable
fill
in
their
affirmative
procurement
program
(
APP),
it
can
exercise
its
discretion
in
doing
so
without
being
restricted
to
the
applications
recommended
by
EPA
in
the
RMAN.
EPA
is
required
to
revise
the
RMAN
recommendations
periodically
and
will
consider
the
applications
suggested
by
the
commenter
in
future
revisions.
However,
any
recommendations
made
by
EPA,
will
be
subject
to
notice
and
public
comment.
EPA
requests
that
commenters
provide
any
pertinent
information
on
the
suggested
applications,
including
references
to
any
industry
specifications
and
test
methods
appropriate
for
the
various
applications.
We
will
consider
all
information
received
on
this
matter
when
we
update
the
RMAN
recommendations.
Comment:
The
Federal
Highway
Administration
(
FHWA)
submitted
comments
stating
its
concern
that,
based
on
one
of
its
user
guidelines,
there
might
be
a
problem
with
foundry
sand
stockpile
water
being
contaminated
with
phenols
and,
that
if
this
is
the
case,
there
would
be
a
discrepancy
between
this
and
the
CPG
statement
that
ferrous
foundry
sands
are
not
known
to
be
a
hazardous
waste.
They
provided
no
information
or
analytical
data
to
substantiate
their
statement.
FHWA
requested
that
this
issue
be
addressed
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Register
/
Vol.
65,
No.
12
/
Wednesday,
January
19,
2000
/
Rules
and
Regulations
since
they
could
not
support
this
designation
if
it
placed
an
undue
burden
on
state
departments
of
transportation
to
monitor
each
site
or
if
it
requires
mitigation
by
contractors.
Response:
EPA
is
aware
that
phenols
may
be
present
in
some
ferrous
foundry
sands.
According
to
a
1989
study
sponsored
by
the
American
Foundrymen's
Society
and
conducted
by
the
University
of
Wisconsin,
phenols
were
present
in
some
ferrous
foundry
sands
well
below
regulatory
levels,
so
the
Agency
does
not
believe
there
is
reason
for
concern.
In
addition,
the
designation
of
flowable
fill
containing
ferrous
foundry
sands
in
the
CPG
does
not
exempt
these
sands
from
regulatory
control
if
phenols,
or
any
other
regulated
contaminants,
are
present
at
levels
of
regulatory
concern.
EPA's
designation
does
not
change
the
regulatory
management
obligations
for
the
recovered
material
nor
does
it
in
any
way
suggest
that
the
materials
are
relieved
from
waste
management
regulations.
The
determination
as
to
whether
the
sands
contain
contaminants
at
regulatory
levels
should
be
made
in
accordance
with
all
applicable
federal
and
state
regulations
and,
thus,
no
additional
burden
would
be
placed
on
any
entity
to
monitor
stockpiles
as
a
result
of
a
final
designation
for
this
item
in
the
CPG.
All
actions
relating
to
determining
the
regulatory
status
of
these
sands
would
be
performed
by
generators
or
those
manufacturing
flowable
fill,
not
by
those
using
a
commercial
product.
Comment:
The
Illinois
Department
of
Transportation
(
IDOT)
submitted
comments
in
opposition
to
the
use
of
ferrous
foundry
sands
in
flowable
fill
since,
according
to
IDOT,
these
sands
are
normally
contaminated
with
oil.
They
did
not
provide
any
information
or
data
to
substantiate
this
claim.
IDOT
believes
the
use
of
coal
fly
ash
in
flowable
fill
is
logical
because
it
has
an
acceptable
track
record.
IDOT
stated
that
little
research
has
been
done
on
ferrous
foundry
sand
and
that
its
use
has
been
minimal.
EPA
contacted
the
commenter
to
ascertain
the
basis
for
their
comment
and
was
told
that
since
the
comment
was
submitted,
IDOT
has
learned
that
``
oil
contamination
is
not
always
present.''
Response:
As
stated
previously,
EPA's
designation
does
not
change
the
regulatory
management
obligations
for
treatment
or
management
of
the
recovered
material
nor
does
it
exempt
the
materials
from
existing
waste
management
regulations.
The
determination
as
to
whether
the
ferrous
foundry
sands
contain
contaminants
at
regulatory
levels
should
be
made
in
accordance
with
applicable
federal
and
state
regulations
before
the
material
is
used
to
make
a
commercial
product.
Comment:
American
Electric
Power
(
AEP)
submitted
comments
supporting
the
proposed
designation
of
flowable
fill
containing
ferrous
foundry
sand
and
also
stated
that
EPA
should
note
in
the
CPG
and
RMAN,
that
a
variety
of
flowable
fills
have
been
successfully
developed
without
the
use
of
cement
as
an
ingredient.
AEP
referred
to
flowable
fills
that
use
materials
such
as
Class
C
fly
ashes
that
have
a
high
calcium
content,
making
them
appropriate
for
use
in
lieu
of
cement.
AEP
also
stated
that
these
flowable
fill
mixes,
which
sometimes
utilize
other
recycled
materials
such
as
Class
F
fly
ash
and
bottom
ash
as
filler,
have
been
approved
for
use
in
several
states.
AEP
provided
copies
of
some
state
specifications.
Response:
Information
presented
in
the
CPG
and
RMAN
pertains
to
those
items
that
have
been
or
are
being
designated
by
EPA.
The
designation
of
items
under
RCRA
section
6002
and
E.
O.
13101
requires
notice
and
comment
before
final
designations
are
promulgated.
Because
EPA
did
not
propose
to
designate
flowable
fill
containing
other
materials
such
as
Class
C
fly
ashes,
has
not
reviewed
sufficient
information
on
these
materials,
and
did
not
solicit
public
comments,
no
reference
or
recommendations
for
these
items
are
appropriate
at
this
time.
However,
procuring
agencies
may
choose
to
procure
any
item
containing
recovered
materials,
regardless
of
whether
the
item
is
specifically
designated
by
EPA.
Procurement
of
items
containing
recovered
materials,
whether
or
not
they
are
designated
by
EPA,
is
consistent
with
RCRA
section
6002
and
E.
O.
13101.
EPA
will
consider
designating
additional
flowable
fills
containing
other
recovered
materials
in
future
amendments
to
the
CPG.

3.
Railroad
Grade
Crossing
Surfaces
Comment:
The
Illinois
Department
of
Transportation
(
IDOT)
submitted
comments
opposing
the
designation
and
recovered
materials
content
recommendations
for
railroad
grade
crossing
surfaces
because
crossing
designs
are
usually
job­
specific,
and
IDOT
believes
this
designation
would
inhibit
innovation.
In
addition,
IDOT
believes
it
would
be
very
costly
to
verify
the
total
recovered
materials
content.
Response:
EPA
disagrees
that
designating
railroad
grade
crossing
surfaces
and
providing
recommendations
on
recovered
materials
content
ranges
would
inhibit
innovation.
As
stated
in
Table
C
 
11A
of
RMAN
III,
``
EPA's
recommendations
do
not
preclude
a
procuring
agency
from
purchasing
another
type
of
railroad
grade
crossing
surface
*
*
*.
They
simply
require
procuring
agencies,
when
purchasing
concrete,
rubber,
or
steel
grade
crossing
surfaces,
purchase
these
items
made
with
recovered
materials
when
these
items
meet
applicable
specifications
and
performance
requirements.''
Therefore,
job­
specific
requirements
and
specifications
should
be
factored
into
the
procuring
agency's
decision
whether
to
use
products
containing
recovered
materials.
If
railroad
grade
crossings
made
with
recovered
materials
do
not
meet
legitimate
job­
specific
requirements,
the
procuring
agency
is
not
required
to
use
the
designated
items
with
recovered
materials.
EPA
disagrees
with
the
commenter's
claim
that
it
might
be
costly
to
verify
recovered
materials
content
in
designated
items.
RCRA
section
6002(
i)
requires
that
an
agency's
affirmative
procurement
program
(
APP)
``
contain
a
program
for
requiring
vendors
to
estimate,
certify,
and
reasonably
verify
the
recovered
materials
content
of
their
products.''
This
provision
is
not
meant
to
burden
either
of
the
contracting
parties.
At
the
federal
level,
there
are
standard
provisions
for
all
contracts
in
the
Federal
Acquisition
Regulations
(
FAR)
that
can
be
used
to
certify
that
the
products
contracted
for
are
delivered.
Standard
clauses
presumably
exist
for
contracts
issued
by
state
agencies
as
well.
These
standard
provisions
can
be
used
to
certify
recovered
materials
content
levels
with
no
extraneous
costs
to
either
party.

4.
Sorbents
Comment:
Synthetic
Industries
(
SI)
produces
sorbents
made
of
polypropylene
(
PP)
that
are
used
to
clean
up
solvent
and
oil
spills.
SI
is
opposed
to
the
designation
of
sorbents
containing
postconsumer
recovered
PP
because,
according
to
SI,
such
products
are
technologically
infeasible.
In
addition,
SI
believes
PP
sorbents
should
not
be
designated
for
performancerelated
reasons,
citing
doubts
about
the
ability
of
manufacturers
to
produce
a
highly
sensitive
PP
product
from
postconsumer
material.
SI
also
stated
that
it
is
not
feasible
to
make
sorbents
with
postconsumer
PP
since
it
is
difficult
to
obtain
a
consistent,
noncontaminated
source
of
postconsumer
PP
material.
SI
stated
that
if
the
sorbent's
chemical
content
is
not
known,
it
could
react
with
a
spilled
chemical,
create
a
further
hazard,
or
not
work
properly.

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Federal
Register
/
Vol.
65,
No.
12
/
Wednesday,
January
19,
2000
/
Rules
and
Regulations
Response:
EPA
did
not
propose
to
designate
sorbents
with
postconsumer
PP,
only
those
with
total
recovered
plastics.
EPA's
research
identified
three
companies
currently
making
these
products.
The
Agency
agrees
with
the
commenter
that
not
all
sorbent
materials
are
right
for
all
clean­
ups.
The
Agency
stated
this
position
in
both
its
background
document
and
the
proposed
CPG
III
FR
notice
(
63
FR
45569,
August
26,
1998).
The
Agency
wrote,
``
The
type
of
sorbents
used
for
spill
applications
generally
depends
on
the
type
of
substance
being
sorbed,
where
the
spill
occurs,
and
worker
health
and
safety
issues.''
The
Agency
provided
a
lengthy
discussion
of
the
importance
of
choosing
sorbents
for
particular
applications
both
in
the
FR
notice
and
background
document.
The
Agency
notes
that
these
factors
should
be
considered
regardless
of
whether
the
sorbent
is
made
from
recovered
or
virgin
materials.
In
the
RMAN,
published
in
the
notices
section
of
today's
Federal
Register,
EPA
recommends
that
procuring
agencies
use
industry
standard
specifications
for
solvent
performance
when
determining
the
sorbents
to
be
used
in
particular
applications.
Comment:
The
Brookhaven
National
Laboratory
commented
on
the
performance
of
recovered­
content
sorbents.
The
commenter
believes
that
EPA
should
tell
potential
users
of
sorbents
that
sorbent
capacity
is
an
important
factor
in
sorbent
selection
for
oil
and
solvent
spills,
and
that
lower
sorbent
capacities
compromise
performance
and
will
result
in
greater
waste
volumes
and
higher
disposal
costs.
Response:
EPA
believes
that
both
virgin
and
recovered
material
content
sorbents
can
provide
similar
performance
in
oil
and
solvent
spill
situations
as
long
as
the
appropriate
type
of
sorbent
is
chosen
(
based
on
a
variety
of
factors
including
sorbent
capacity)
for
the
type
of
substance
being
sorbed
and
for
the
location
of
the
spill.
Whenever
an
inappropriate
sorbent
is
used,
either
virgin
or
recovered
content,
the
possibility
exists
for
dangerous
reactions,
environmental
damage,
or
increased
sorbent
use
and
recovery
or
disposal.
EPA
notes
that
used
sorbent
material
does
not
necessarily
end
in
disposal.
Under
certain
conditions,
some
sorbent
materials
can
be
reused
or
recycled.
Synthetic
sorbents,
for
example,
release
sorbed
substances
under
pressure,
and
inorganic
sorbents
can
be
recovered
and
used
again
through
a
laundering
process.
Several
federal
agencies
are
successfully
using
recovered
content
sorbents
to
deal
with
oil
and
solvent
spills.
The
National
Park
Service,
for
example,
uses
a
product
made
from
recovered
polypropylene,
for
heavy
or
viscose
oils.
The
U.
S.
Army
Corps
of
Engineers
at
Dworshak
Dam
in
Idaho,
uses
a
product
made
from
100
percent
recovered
wood
waste,
for
emergency
spill
responses.

C.
Comments
on
Other
Items
Considered
for
Designation
In
the
proposed
CPG
III
notice,
the
Agency
stated
that
we
had
considered
two
items
(
recycled
ink
and
shotgun
shells)
and
determined
that
it
was
inappropriate
to
designate
these
items
(
63
FR
45574).
We
requested
additional
information
demonstrating
whether
these
items
should
be
reconsidered
for
possible
future
designation.
No
comments
were
submitted
on
these
items
or
on
our
decision
not
to
designate
these
items.
EPA
has
received
letters
from
a
recycled
ink
manufacturer,
separate
from
the
Federal
Register
notice
request
for
comments,
stating
that
ink
be
reconsidered
for
designation.
However,
no
additional
information
has
been
submitted
by
this
company
despite
repeated
requests
by
the
Agency.
For
the
above
reasons,
EPA
is
no
longer
conducting
research
relative
to
these
items
or
considering
them
for
designation
in
a
future
CPG.
However,
we
will
review
any
information
submitted
in
support
of
designating
these
items
in
the
future
to
determine
whether
these
items
should
be
reconsidered.

VII.
Where
Can
Agencies
Get
Information
on
the
Availability
of
EPADesignated
Items?
EPA
has
developed
lists
of
manufacturers
and
vendors
of
the
items
designated
in
today's
rule.
In
addition,
EPA
has
updated
the
lists
of
manufacturers
and
vendors
of
the
36
items
previously
designated
in
the
CPG.
These
lists
have
been
placed
in
the
RCRA
docket
for
this
action
and
will
be
updated
periodically
as
new
sources
are
identified
and
product
information
changes.
These
lists
will
also
be
available
through
EPA's
web
site
on
the
Internet.
(
See
section
IX
below
for
Internet
access
information.)
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
their
needs.
Other
information
is
available
from
the
GSA,
the
Defense
Logistics
Agency
(
DLA),
State
and
local
recycling
offices,
private
corporations,
and
trade
associations.
Refer
to
Section
XIV
of
the
document,
``
Background
Document
for
the
Final
CPG
III/
RMAN
III''
for
more
information
on
these
other
sources
of
information.
State
and
local
recycling
programs
are
also
a
potential
source
of
information
on
local
distributors
and
the
availability
of
designated
items.
In
addition,
state
and
local
government
purchasing
officials
that
are
contracting
for
recycled
content
products
may
have
relative
price
information.
A
current
list
of
state
purchasing/
procurement
officials
has
been
placed
in
the
docket
for
the
final
CPG
III.
The
public
docket
also
includes
a
list
of
states
with
recycled
content
products
purchasing
programs,
current
as
of
October
1998.
Information
is
also
available
from
trade
associations
whose
members
manufacture
or
distribute
products
containing
recovered
materials.
These
trade
associations
are
included
in
the
updated
lists
of
product
manufacturers
and
vendors
described
above.
Additionally,
Environmental
Newsletters,
Inc.,
publisher
of
Waste
Reduction
Tips,
prepared
a
directory
of
recycled
product
directories.
EPA
has
placed
the
``
1996
Directory
of
Recycled
Product
Directories,''
from
Environmental
Newsletters'
Recycled
Products
Business
Letter,
in
the
public
docket
for
the
final
CPG
III.
Environmental
Newsletters,
Inc.
can
be
reached
at
703
758
 
8436
for
further
information.

VIII.
Administrative
Assessments
A.
Executive
Order
12866:
Regulatory
Planning
and
Review
Executive
Order
12866
requires
agencies
to
determine
whether
a
regulatory
action
is
``
significant.''
The
Order
defines
a
``
significant''
regulatory
action
as
one
that
is
likely
to
result
in
a
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
today's
rule
is
well
below
the
$
100
million
threshold.
EPA
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No.
12
/
Wednesday,
January
19,
2000
/
Rules
and
Regulations
has
prepared
an
Economic
Impact
Analysis
(
EIA)
to
evaluate
the
potential
impact
of
today's
action.
The
results
of
the
EIA
are
discussed
below.
More
information
on
the
estimated
economic
impact
of
today's
rule
is
included
in
the
``
Economic
Impact
Analysis
for
the
Final
Comprehensive
Procurement
Guideline
III.''
A
copy
of
this
document
is
in
the
public
docket.

1.
Summary
of
Costs
EPA
estimated
that
the
annualized
costs
of
the
proposed
rule
to
designate
19
items
would
fall
in
the
range
of
$
6.5
to
$
13
million.
Even
though
today's
final
rule
designates
18
items,
rather
than
19
items,
the
costs
associated
with
this
rule
are
estimated
to
be
slightly
higher
than
the
estimates
in
the
proposal.
This
is
due
to
the
fact
that
the
Agency
revised
the
economic
impact
analysis
to
reflect
1999
labor
rates
which
are
higher
than
those
in
1998
when
the
rule
was
proposed.
As
shown
in
Table
2
below,
EPA
estimates
that
the
annualized
costs
of
today's
rule
will
range
from
$
7.6
to
$
14.8
million,
with
costs
being
spread
across
all
procuring
agencies
(
i.
e.,
Federal
agencies,
State
and
local
agencies
that
use
appropriated
Federal
funds
to
procure
designated
items,
and
government
contractors).
These
costs
are
annualized
over
a
10­
year
period
at
a
three
percent
discount
rate.
Because
there
is
considerable
uncertainty
regarding
several
of
the
parameters
that
influence
the
costs,
EPA
conducted
sensitivity
analyses
to
identify
the
range
of
potential
costs
of
today's
rule.
Thus,
high­
end
and
low­
end
estimates
are
presented
along
with
the
best
estimate.
The
primary
parameter
affecting
the
range
of
cost
estimates
is
the
number
of
products
each
procuring
agency
is
assumed
to
procure
each
year.
Details
of
the
costs
associated
with
today's
final
rule
are
provided
in
the
Economic
Impact
Analysis
for
this
rule.

TABLE
2.
 
SUMMARY
OF
ANNUALIZED
COSTS
OF
CPG
III
AMENDMENTS
TO
ALL
PROCURING
AGENCIES
Procuring
agency
Total
annualized
costs
($
1000)
Best
Estimate
Total
annualized
costs
($
1000)

Federal
agencies
...................................................................................................................................
$
9,254
 
$
4,627
$
9,254
States
.....................................................................................................................................................
1,680
 
840
$
1,680
Local
Governments
................................................................................................................................
3,787
 
2,066
2,927
Contractors
............................................................................................................................................
123
 
61
92
Total
.......................................................................................................................................................
14,844
 
7,594
13,953
As
a
result
of
today's
rule,
procuring
agencies
will
be
required
to
take
certain
actions
pursuant
to
RCRA
section
6002,
including
rule
review
and
implementation;
estimation,
certification,
and
verification
of
designated
item
procurement;
and
for
Federal
agencies,
reporting
and
recordkeeping.
The
costs
shown
in
Table
2
represent
the
estimated
annualized
costs
associated
with
these
activities.
Table
2
also
includes
estimates
for
Federal
agencies
that
will
incur
costs
for
specification
revisions
and
affirmative
procurement
program
modification.
More
details
of
the
costs
associated
with
today's
rule
are
included
in
the
Economic
Impact
Analysis.
There
may
be
both
positive
and
negative
impacts
to
individual
businesses,
including
small
businesses.
EPA
anticipates
that
today's
final
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
materials
collected
in
recycling
programs.
EPA
is
unable
to
determine
the
number
of
businesses,
including
small
businesses,
that
may
be
adversely
impacted
by
today's
final
rule.
If
a
business
currently
supplies
products
to
a
procuring
agency
and
those
products
are
made
only
out
of
virgin
materials,
the
amendments
to
the
CPG
may
reduce
that
company's
ability
to
compete
for
future
contracts.
However,
the
amendments
to
the
CPG
will
not
affect
existing
purchase
orders,
nor
will
it
preclude
businesses
from
adapting
their
product
lines
to
meet
new
specifications
or
solicitation
requirements
for
products
containing
recovered
materials.
Thus,
many
businesses,
including
small
businesses,
that
market
to
procuring
agencies
have
the
option
to
adapt
their
product
lines
to
meet
specifications.

2.
Product
Cost
Another
potential
cost
of
today's
action
is
the
possible
price
differential
between
an
item
made
with
recovered
materials
and
an
equivalent
item
manufactured
using
virgin
materials.
The
relative
prices
of
recycled
content
products
compared
to
prices
of
comparable
virgin
products
vary.
In
many
cases,
recycled
content
products
are
less
expensive
than
similar
virgin
products.
In
other
cases,
virgin
products
have
lower
prices
than
recycled
content
products.
Many
factors
can
affect
the
price
of
various
products.
For
example,
temporary
fluctuations
in
the
overall
economy
can
create
oversupplies
of
virgin
products,
leading
to
a
decrease
in
prices
for
these
items.
Under
RCRA
section
6002(
c),
procuring
agencies
are
not
required
to
purchase
a
product
containing
recovered
materials
if
it
is
only
available
at
an
unreasonable
price.
However,
the
decision
to
pay
more
or
less
for
such
a
product
is
left
up
to
the
procuring
agency.

3.
Summary
of
Benefits
EPA
anticipates
that
today's
final
rule
will
result
in
increased
opportunities
for
recycling
and
waste
prevention.
Waste
prevention
can
reduce
the
nation's
reliance
on
natural
resources
by
reducing
the
amount
of
materials
used
in
making
products.
Using
less
raw
materials
results
in
a
commensurate
reduction
in
energy
use
and
a
reduction
in
the
generation
and
release
of
air
and
water
pollutants
associated
with
manufacturing.
Additionally,
waste
prevention
leads
to
a
reduction
in
the
environmental
impacts
of
mining,
harvesting,
and
other
extraction
processes.
Recycling
can
effect
the
more
efficient
use
of
natural
resources.
For
many
products,
the
use
of
recovered
materials
in
manufacturing
can
result
in
significantly
lower
energy
and
material
input
costs
than
when
virgin
raw
materials
are
used;
reduce
the
generation
and
release
of
air
and
water
pollutants
often
associated
with
manufacturing;
and
reduce
the
environmental
impacts
of
mining,

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/
Vol.
65,
No.
12
/
Wednesday,
January
19,
2000
/
Rules
and
Regulations
harvesting,
and
other
extraction
of
natural
resources.
For
example,
according
to
information
published
by
the
Steel
Recycling
Institute,
recycling
one
ton
of
steel
saves
nearly
11
million
Btus
of
energy;
2,500
lbs.
of
ore;
1,400
lbs.
of
coal;
and
120
lbs.
of
limestone.
Recycling
can
also
reduce
greenhouse
gas
emissions
associated
with
manufacturing
new
products.
When
compared
to
landfilling,
recycling
one
ton
of
high
density
polyethylene,
low
density
polyethylene,
or
polyethylene
terephthalate
plastic
can
reduce
greenhouse
gas
emissions
by
up
to
0.64
metric
tons
of
carbon
equivalent
(
MTCE).
In
addition
to
conserving
nonrenewable
resources
and
reducing
the
environmental
impacts
associated
with
resource
extraction
and
processing,
recycling
can
also
divert
large
amounts
of
materials
from
landfills,
conserving
increasingly
valuable
space
for
the
management
of
materials
that
truly
require
disposal.
By
purchasing
products
made
from
recovered
materials,
government
agencies
can
increase
opportunities
for
all
of
these
benefits.
On
a
national
and
regional
level,
today's
final
rule
can
result
in
expanding
and
strengthening
markets
for
materials
diverted
or
recovered
through
public
and
private
collection
programs.
Also,
since
many
State
and
local
governments,
as
well
as
private
companies,
reference
EPA
guidelines
when
purchasing
designated
items,
this
rule
can
result
in
increased
purchase
of
recycled
products,
locally,
regionally,
and
nationally
and
provide
opportunities
for
businesses
involved
in
recycling
activities.

B.
Regulatory
Flexibility
Act
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,
provides
that,
whenever
an
agency
promulgates
a
final
rule
under
5
U.
S.
C.
553,
after
being
required
by
that
section
or
any
other
law
to
public
a
general
notice
of
proposed
rulemaking,
the
agency
must
prepare
a
final
regulatory
flexibility
analysis
(
FRFA).
The
agency
must
prepare
an
FRFA
for
a
final
rule
unless
the
head
of
the
agency
certifies
that
it
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities.
EPA
is
today
certifying,
pursuant
to
section
605(
b)
of
the
RFA,
that
the
final
rule
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities.
Therefore,
the
Agency
did
not
prepare
an
FRFA.
The
final
rule
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities
for
the
following
reasons.
The
RFA
defines
``
small
entity''
to
mean
a
small
business,
small
organization
or
small
governmental
jurisdiction.
EPA's
action
today
in
designating
18
new
items
that
are
or
may
be
produced
with
recovered
materials
content
may
establish
requirements
applicable,
in
some
cases,
to
small
governmental
jurisdictions
and
small
businesses.
In
the
case
of
small
entities
which
are
small
governmental
jurisdictions,
EPA
has
concluded
that
the
rule
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
18
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.
Similarly,
EPA
has
concluded
that
the
economic
impact
on
small
entities
that
are
small
businesses
would
not
be
significant.
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
a
contractor
with
a
Federal
agency
(
or
a
state
or
local
agency
that
is
a
procuring
agency
under
Section
6002)
when
the
contractor
is
purchasing
a
designated
item,
is
using
Federal
money
to
do
so,
and
exceeds
the
$
10,000
threshold.
There
is
an
exception
for
purchases
that
are
``
incidental
to''
the
purposes
of
the
contract,
i.
e.,
not
the
direct
result
of
the
funds
disbursement.
For
example,
a
courier
service
contractor
is
not
required
to
purchase
re­
refined
oil
and
retread
tires
for
its
fleets
because
purchases
of
these
items
are
incidental
to
the
purpose
of
the
contract.
Therefore,
as
a
practical
matter,
there
would
be
very
limited
circumstances
when
a
contractor's
status
as
a
``
procuring
agency''
for
section
6002
purposes
would
impose
additional
costs
on
the
contractor.
Thus,
for
example,
if
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.
Any
costs
to
small
businesses
that
are
``
procuring
agencies''
(
and
subject
to
section
6002)
are
likely
to
be
insubstantial.
Even
if
a
small
business
is
required
to
purchase
other
items
with
recovered
materials
content,
such
items
may
be
less
expensive
than
items
with
virgin
content.
For
these
reasons,
EPA
certifies
that
today's
designations
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities.
Because
today's
action
does
not
impose
significant
new
burdens
on
small
entities,
this
rule
does
not
require
a
final
regulatory
flexibility
analysis.
The
basis
for
EPA's
conclusions
that
today's
rule
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
rule
which
is
located
in
the
RCRA
public
docket.
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
products
by
procuring
agencies
increase
demand
for
these
products
and
result
in
private
sector
development
of
new
technologies,
creating
business
and
employment
opportunities
that
enhance
local,
regional,
and
national
economies.
Technological
innovation
associated
with
the
use
of
recovered
materials
can
translate
into
economic
growth
and
increased
industry
competitiveness
worldwide,
thereby,
creating
opportunities
for
small
entities.

C.
Unfunded
Mandates
Reform
Act
of
1995
and
Consultation
With
State,
Local,
and
Tribal
Governments
Under
section
202
of
the
Unfunded
Mandates
Reform
Act
of
1995
(
the
Act),
Public
Law
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
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19,
2000
/
Rules
and
Regulations
the
objectives
of
the
rule.
EPA
must
select
that
alternative,
unless
the
Administrator
explains
in
the
final
rule
why
it
was
not
selected
or
it
is
inconsistent
with
law.
Before
EPA
establishes
regulatory
requirements
that
may
significantly
or
uniquely
affect
small
governments,
including
tribal
governments,
it
must
develop
under
section
203
of
the
Act
a
small
government
agency
plan.
The
plan
must
provide
for
notifying
potentially
affected
small
governments,
giving
them
meaningful
and
timely
input
in
the
development
of
EPA
regulatory
proposals
with
significant
Federal
intergovernmental
mandates,
and
informing,
educating,
and
advising
them
on
compliance
with
the
regulatory
requirements.
EPA
has
determined
that
today's
final
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
rule
on
State
and
local
governments,
they
are
exempt
from
inclusion
as
Federal
inter­
governmental
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,
$
4.6
million
annually.
The
cost
of
enforceable
duties
which
may
arise
as
a
result
of
today's
rule
on
the
private
sector
are
estimated
not
to
exceed
$
92,000
annually.
Thus,
today's
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
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,
$
4.6
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
conducts
a
wide
outreach
effort
and
actively
seeks
the
input
of
representatives
of
state
and
local
governments
in
the
process
of
developing
its
guidelines.
When
EPA
proposes
to
designate
items
in
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,
$
4.6
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.

D.
Executive
Order
13132:
Federalism
Executive
Order
13132,
entitled
``
Federalism''
(
64
FR
43255,
August
10,
1999),
requires
EPA
to
develop
an
accountable
process
to
ensure
``
meaningful
and
timely
input
by
State
and
local
officials
in
the
development
of
regulatory
policies
that
have
federalism
implications.''
``
Policies
that
have
federalism
implications''
is
defined
in
the
Executive
Order
to
include
regulations
that
have
``
substantial
direct
effects
on
the
States,
on
the
relationship
between
the
national
government
and
the
States,
or
on
the
distribution
of
power
and
responsibilities
among
the
various
levels
of
government.''
Under
Executive
Order
13132,
EPA
may
not
issue
a
regulation
that
has
federalism
implications,
that
imposes
substantial
direct
compliance
costs,
and
that
is
not
required
by
statute,
unless
the
Federal
government
provides
the
funds
necessary
to
pay
the
direct
compliance
costs
incurred
by
State
and
local
governments,
or
EPA
consults
with
State
and
local
officials
early
in
the
process
of
developing
the
proposed
regulation.
EPA
also
may
not
issue
a
regulation
that
has
federalism
implications
and
that
preempts
State
law
unless
the
Agency
consults
with
State
and
local
officials
early
in
the
process
of
developing
the
proposed
regulation.
This
final
rule
does
not
have
federalism
implications.
It
will
not
have
substantial
direct
effects
on
the
States,
on
the
relationship
between
the
national
government
and
the
States,
or
on
the
distribution
of
power
and
responsibilities
among
the
various
levels
of
government,
as
specified
in
Executive
Order
13132.
The
rule
will
not
impose
substantial
costs
on
States
and
localities.
As
a
result
of
today's
action,
procuring
agencies
will
be
required
to
perform
certain
activities
pursuant
to
RCRA
section
6002,
including
rule
review
and
implementation;
estimation,
certification,
and
verification
of
designated
item
procurement;
and
for
Federal
agencies,
reporting
and
record
keeping.
As
noted
above,
EPA
estimates
that
the
total
annualized
costs
of
today's
rule
will
range
from
$
7.6
to
$
14.8
million.
EPA's
estimate
reflects
the
costs
of
the
rule
for
all
procuring
agencies
(
i.
e.,
Federal
agencies,
State
and
local
agencies
that
use
appropriated
Federal
funds
to
procure
designated
items,
and
government
contractors),
not
just
States
and
localities.
Thus,
the
costs
to
States
and
localities
alone
will
be
even
lower
and
not
substantial.
Thus,
the
requirements
of
section
6
of
the
Executive
Order
do
not
apply
to
this
rule.

E.
Executive
Order
13084:
Consultation
and
Coordination
with
Indian
Tribal
Governments
Under
Executive
Order
13084,
EPA
may
not
issue
a
regulation
that
is
not
required
by
statute,
that
significantly
or
uniquely
affects
the
communities
of
Indian
Tribal
governments,
and
that
imposes
substantial
direct
compliance
costs
on
those
communities,
unless
the
Federal
government
provides
the
funds
necessary
to
pay
the
direct
compliance
costs
incurred
by
the
tribal
governments,
or
EPA
consults
with
those
governments.
If
EPA
complies
by
consulting,
Executive
Order
13084
requires
EPA
to
provide
to
the
Office
of
Management
and
Budget,
in
a
separately
identified
section
of
the
preamble
to
the
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No.
12
/
Wednesday,
January
19,
2000
/
Rules
and
Regulations
rule,
a
description
of
the
extent
of
EPA's
prior
consultation
with
representatives
of
affected
tribal
governments,
a
summary
of
the
nature
of
their
concerns,
and
a
statement
supporting
the
need
to
issue
the
regulation.
In
addition,
Executive
Order
13084
requires
EPA
to
develop
an
effective
process
permitting
elected
officials
and
other
representatives
of
Indian
tribal
governments
``
to
provide
meaningful
and
timely
input
in
the
development
of
regulatory
policies
on
matters
that
significantly
or
uniquely
affect
their
communities.''
Today's
Rule
does
not
significantly
or
uniquely
affect
the
communities
of
Indian
tribal
governments.
The
rule
does
not
impose
any
mandate
on
tribal
governments
or
impose
any
duties
on
these
entities.
Accordingly,
the
requirements
of
section
3(
b)
of
Executive
Order
13084
do
not
apply
to
this
rule.

F.
Executive
Order
13045:
Protection
of
Children
from
Environmental
Risks
and
Safety
Risks
Executive
Order
13045,
entitled
``
Protection
of
Children
from
Environmental
Health
Risks
and
Safety
Risks''
(
62
FR
19885,
April
23,
1997),
applies
to
any
rule
that
EPA
determines
is
(
1)
``
economically
significant''
as
defined
under
Executive
Order
12866,
and
(
2)
concerns
an
environmental
health
or
safety
risk
that
EPA
has
reason
to
believe
may
have
a
disproportionate
effect
on
children.
If
the
regulatory
action
meets
both
criteria,
the
Agency
must
evaluate
the
environmental
health
or
safety
effects
of
the
planned
rule
on
children;
and
explain
why
the
planned
regulation
is
preferable
to
other
potentially
effective
and
reasonably
feasible
alternatives
considered
by
the
Agency.
EPA
interprets
the
E.
O.
13045
as
encompassing
only
those
regulatory
actions
that
are
risk
based
or
health
based,
such
that
the
analysis
required
under
section
5
 
501
of
the
E.
O.
has
the
potential
to
influence
the
regulation.
This
rule
is
not
subject
to
E.
O.
13045
because
it
does
not
involve
decisions
regarding
environmental
health
or
safety
risks.

G.
National
Technology
Transfer
and
Advancement
Act
of
1995
Section
12(
d)
of
the
National
Technology
Transfer
and
Advancement
Act
of
1995
(``
NTTAA''),
Public
Law
104
 
113,
Section
12(
d)(
15
U.
S.
C.
272
note)
directs
EPA
to
use
voluntary
consensus
standards
in
its
regulatory
activities
unless
to
do
so
would
be
inconsistent
with
applicable
law
or
otherwise
impractical.
Voluntary
consensus
standards
are
technical
standards
(
e.
g.,
materials
specifications,
test
methods,
sampling
procedures,
business
practices)
that
are
developed
or
adopted
by
voluntary
consensus
standard
bodies.
The
NTTAA
directs
EPA
to
provide
Congress
explanations
when
the
Agency
decides
not
to
use
available
and
applicable
voluntary
consensus
standards.
This
rule
does
not
establish
technical
standards.
Therefore,
the
Agency
has
not
conducted
a
search
to
identify
potentially
applicable
test
methods
from
voluntary
consensus
standard
bodies.
As
part
of
this
rulemaking
effort,
EPA
has
developed
guidance
for
procuring
agencies
to
use
in
complying
with
section
6002'
s
obligation
to
purchase
items
with
recovered
materials
content
to
the
maximum
extent
practicable.
These
recommendations
include
minimum
recovered
materials
content
standards
and,
as
previously
noted,
are
published
today
in
the
companion
RMAN
for
the
designated
items.
In
developing
these
recommendations,
EPA
did
consider
current
voluntary
consensus
standards
on
recovered
materials
content.

H.
Submission
to
Congress
and
the
General
Accounting
Office
The
Congressional
Review
Act,
5
U.
S.
C.
801
et
seq.,
as
added
by
the
Small
Business
Regulatory
Enforcement
Fairness
Act
of
1996,
generally
provides
that
before
a
rule
may
take
effect,
the
agency
promulgating
the
rule
must
submit
a
rule
report,
which
includes
a
copy
of
the
rule,
to
each
House
of
the
Congress
and
to
the
Comptroller
General
of
the
United
States.
EPA
will
submit
a
report
containing
this
rule
and
other
required
information
to
the
U.
S.
Senate,
the
U.
S.
House
of
Representatives,
and
the
Comptroller
General
of
the
United
States
prior
to
publication
of
the
rule
in
the
Federal
Register.
A
Major
rule
cannot
take
effect
until
60
days
after
it
is
published
in
the
Federal
Register.
This
action
is
not
a
``
major
rule''
as
defined
by
5
U.
S.
C.
804(
2).
This
rule
will
be
effective
January
19,
2000.

IX.
Supporting
Information
and
Accessing
Internet
The
index
of
supporting
materials
for
today's
final
CPG
III
is
available
in
the
RCRA
Information
Center
(
RIC)
and
on
the
Internet.
The
address
and
telephone
number
of
the
RIC
are
provided
in
ADDRESSES
above.
The
index
and
the
following
supporting
materials
are
available
in
the
RIC
and
on
the
Internet:
``
Background
Document
for
the
Final
CPG
III/
RMAN
III,''
U.
S.
EPA,
Office
of
Solid
Waste
and
Emergency
Response,
September
1999.
Copies
of
the
following
supporting
materials
are
available
for
viewing
at
the
RIC
only:
``
Economic
Impact
Analysis
for
the
Final
Comprehensive
Procurement
Guideline
III,''
U.
S.
Environmental
Protection
Agency,
July
14,
1999.
``
Telephone
Notes,
Nylon
Carpet
With
Backing
Containing
Recovered
Materials,
Between
Lynne
Gilbert,
Eastern
Research
Group
and
Dave
Whitley,
Interface
Carpet,
January,
22,
1999.''
``
E­
mail
message,
Nylon
Carpet
With
Backing
Containing
Recovered
Materials,
Between
Lynne
Gilbert,
Eastern
Research
Group
and
Dobbin
Callahan,
Collins
&
Aikman,
January
26,
1999.''
``
Telephone
Notes
and
Facsimile
Message,
Nylon
Carpet
With
Backing
Containing
Recovered
Materials,
Between
Birgette
Junior,
Eastern
Research
Group
and
Pamela
Marple,
Brand,
Lowell,
and
Ryan,
June
24,
1999.''
``
National
Association
of
State
Purchasing
Officials,
1998/
1999
Membership
Roster.''
``
List
of
States
with
Recycled
Content
Product
Purchasing
Programs.''
To
access
information
on
the
Internet
go
to
www.
epa.
gov/
cpg.

List
of
Subjects
in
40
CFR
Part
247
Environmental
protection,
Government
procurement,
Recycling.

Dated:
January
10,
2000.
Carol
M.
Browner,
Administrator.

For
the
reasons
set
out
in
the
preamble,
title
40
of
the
Code
of
Federal
Regulations,
part
247,
is
amended
as
set
forth
below.

PART
247
 
COMPREHENSIVE
PROCUREMENT
GUIDELINE
FOR
PRODUCTS
CONTAINING
RECOVERED
MATERIALS
1.
The
authority
citation
for
part
247
is
revised
to
read
as
follows:

Authority:
42
U.
S.
C.
6912(
a)
and
6962;
E.
O.
13101,
63
FR
49643,
3
CFR,
1998
Comp.,
p.
210.

2.
In
§
247.3,
the
following
definitions
are
added
alphabetically:

§
247.3
Definitions.

*
*
*
*
*
Awards
and
plaques
refers
to
freestanding
statues
and
boardlike
products
generally
used
as
wall­
hangings.
*
*
*
*
*
Carpet
cushion,
also
known
as
carpet
underlay,
is
padding
placed
beneath
carpet
to
reduce
carpet
wear
caused
by
foot
traffic
or
furniture
indentation,

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Federal
Register
/
Vol.
65,
No.
12
/
Wednesday,
January
19,
2000
/
Rules
and
Regulations
enhance
comfort,
and
prolong
appearance.
*
*
*
*
*
Compost
made
from
yard
trimmings,
leaves,
grass
clippings,
and/
or
food
wastes
is
a
thermophilic
converted
product
with
high
humus
content.
Compost
can
be
used
as
a
soil
amendment
and
can
also
be
used
to
prevent
or
remediate
pollutants
in
soil,
air,
and
storm
water
run­
off.
*
*
*
*
*
Flowable
fill
is
a
low
strength
material
that
is
mixed
to
a
wet,
flowable
slurry
and
used
as
an
economical
fill
or
backfill
material
in
place
of
concrete,
compacted
soils,
or
sand.
*
*
*
*
*
Industrial
drums
are
cylindrical
containers
used
for
shipping
and
storing
liquid
or
solid
materials.
*
*
*
*
*
Manual­
grade
strapping
refers
to
straps
of
material
used
with
transport
packaging
to
hold
products
in
place
on
pallets
or
in
other
methods
of
commercial,
bulk
shipment.
Strapping
can
also
prevent
tampering
and
pilferage
during
shipping.
Mats
are
temporary
or
semipermanent
protective
floor
coverings
used
for
numerous
applications,
including
home
and
office
carpet
protection,
car
and
truck
floor
board
protection,
traction
on
slippery
surfaces,
cushion
from
floor
hardness,
and
reduction
of
injury
risk
during
athletic
events.
*
*
*
*
*
Park
benches
and
picnic
tables
are
recreational
furniture
found
in
parks,
outdoor
recreational
facilities,
and
the
grounds
of
office
buildings
and
other
facilities.
*
*
*
*
*
Plastic
lumber
landscaping
timbers
and
posts
are
used
to
enhance
the
appearance
of
and
control
erosion
in
parks,
highways,
housing
developments,
urban
plazas,
zoos,
and
the
exteriors
of
office
buildings,
military
facilities,
schools,
and
other
public
use
areas.
Playground
equipment
includes
many
components,
like
slides,
merry­
gorounds
hand
rails,
etc.,
and
is
found
in
parks,
schools,
child
care
facilities,
institutions,
multiple
family
dwellings,
restaurants,
resort
and
recreational
developments,
and
other
public
use
areas.
*
*
*
*
*
Railroad
grade
crossing
surfaces
are
materials
placed
between
railroad
tracks,
and
between
the
track
and
the
road
at
highway
and
street
railroad
crossings,
to
enhance
automobile
and
pedestrian
safety.
*
*
*
*
*
Signage
(
including
sign
posts
and
supports)
is
used
for
identification
and
directional
purposes
for
public
roads
and
highways,
and
inside
and
outside
office
buildings,
museums,
parks,
and
other
public
places.
*
*
*
*
*
Sorbents
(
i.
e.,
absorbents
and
adsorbents)
are
materials
used
to
retain
liquids
and
gases
in
a
diverse
number
of
environmental,
industrial,
agricultural,
medical,
and
scientific
applications.
Absorbents
incorporate
a
substance
while
adsorbents
gather
substances
on
their
surfaces.
*
*
*
*
*
3.
In
§
247.12,
add
paragraphs
(
h),
(
i),
and
(
j)
to
read
as
follows:

§
247.12
Construction
products.

*
*
*
*
*
(
h)
Carpet
cushion
made
from
bonded
polyurethane,
jute,
synthetic
fibers,
or
rubber
containing
recovered
materials.
(
i)
Flowable
fill
containing
coal
fly
ash
and/
or
ferrous
foundry
sands.
(
j)
Railroad
grade
crossing
surfaces
containing
coal
fly
ash,
recovered
rubber,
or
recovered
steel.
4.
In
§
247.14,
add
paragraphs
(
c)
and
(
d)
to
read
as
follows:

§
247.14
Park
and
recreation
products.

*
*
*
*
*
(
c)
Park
benches
and
picnic
tables
containing
recovered
steel,
aluminum,
plastic,
or
concrete.
(
d)
Playground
equipment
containing
recovered
plastic,
steel,
or
aluminum.
5.
In
§
247.15,
revise
paragraph
(
b)
and
add
paragraph
(
e)
to
read
as
follows:

§
247.15
Landscaping
products.

*
*
*
*
*
(
b)
Compost
made
from
yard
trimmings,
leaves,
grass
clippings,
and/
or
food
waste
for
use
in
landscaping,
seeding
of
grass
or
other
plants
on
roadsides
and
embankments,
as
a
nutritious
mulch
under
trees
and
shrubs,
and
in
erosion
control
and
soil
reclamation.
*
*
*
*
*
(
e)
Plastic
lumber
landscaping
timbers
and
posts
containing
recovered
materials.
6.
In
§
247.16,
revise
paragraph
(
d)
and
add
paragraphs
(
h)
through
(
k)
to
read
as
follows:

§
247.16
Non­
paper
office
products.

*
*
*
*
*
(
d)
Plastic­
covered
binders
containing
recovered
plastic;
chipboard
and
pressboard
binders
containing
recovered
paper;
and
solid
plastic
binders
containing
recovered
plastic.
*
*
*
*
*
(
h)
Plastic
clipboards
containing
recovered
plastic.
(
i)
Plastic
file
folders
containing
recovered
plastic.
(
j)
Plastic
clip
portfolios
containing
recovered
plastic.
(
k)
Plastic
presentation
folders
containing
recovered
plastic.
7.
In
§
247.17,
add
paragraphs
(
b)
through
(
g)
to
read
as
follows:

§
247.17
Miscellaneous
products.

*
*
*
*
*
(
b)
Sorbents
containing
recovered
materials
for
use
in
oil
and
solvent
clean­
ups
and
as
animal
bedding.
(
c)
Industrial
drums
containing
recovered
steel,
plastic,
or
paper.
(
d)
Awards
and
plaques
containing
recovered
glass,
wood,
paper,
or
plastic.
(
e)
Mats
containing
recovered
rubber
and/
or
plastic.
(
f)(
1)
Non­
road
signs
containing
recovered
plastic
or
aluminum
and
road
signs
containing
recovered
aluminum.
(
2)
Sign
supports
and
posts
containing
recovered
plastic
or
steel.
(
g)
Manual­
grade
strapping
containing
recovered
steel
or
plastic.
[
FR
Doc.
00
 
1066
Filed
1
 
18
 
00;
8:
45
am]

BILLING
CODE
6560
 
50
 
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