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21386 Federal Register / Vol. 60, No.

83 / Monday, May 1, 1995 / Notices

ENVIRONMENTAL PROTECTION SW., Washington, DC 20460. The RIC is 3. Through MOSAIC: Go to: http://
AGENCY open from 9:00 am to 4:00 pm, Monday www.epa.gov
through Friday, excluding Federal Choose the EPA Public Access
[SWH–FRL–5198–8]
holidays. To review docket materials, Gopher. From the main (Gopher) menu,
Recovered Materials Advisory Notice the public must make an appointment choose ‘‘EPA Offices and Regions’’.
by calling (202) 260–9327. Materials Next, choose ‘‘Office of Solid Waste and
AGENCY: Environmental Protection may be copied for $0.15 per page. Emergency Response (OSWER).’’ Next,
Agency. FOR FURTHER INFORMATION: ‘‘RMAN for choose ‘‘Office of Solid Waste’’. Then,
ACTION: Notice of availability of final Items Designated in the Comprehensive choose ‘‘Non-Hazardous Waste—RCRA
document. Procurement Guideline—Supporting Subtitle D’’. Finally, choose
Analyses’’ is the primary supporting ‘‘Procurement/RMAN’’.
SUMMARY: On April 20, 1994, the
document for the final Recovered
Environmental Protection Agency 4. Through dial-up access:
Materials Advisory Notice (RMAN).
issued a notice of the availability of the Dial 919–558–0335. Choose EPA
Both the Federal Register notice and the
draft Recovered Materials Advisory Public Access Gopher. From the main
supporting document will be available
Notice (RMAN). The draft RMAN (Gopher) menu, choose ‘‘EPA Offices
in electronic format on the Internet
included EPA’s recommendations for and Regions’’. Next, choose ‘‘Office of
System through the EPA Public Access
purchasing items that are or can be Solid Waste and Emergency Response
Server at gopher.epa.gov. For a paper
produced with recovered materials that (OSWER)’’. Next, choose ‘‘Office of
copy of the Federal Register notice or
were proposed for designation under the Solid Waste’’. Then, choose ‘‘Non-
‘‘RMAN for Items Designated in the
Federal government’s recycled content Hazardous Waste—RCRA Subtitle D’’.
Comprehensive Procurement
products preference program (see 59 FR Finally, choose ‘‘Procurement/RMAN’’.
Guideline—Supporting Analyses,’’
18892). Today, EPA is providing notice
please contact the RCRA Hotline at SUPPLEMENTARY INFORMATION:
that a final Recovered Materials
(800) 424–9346, or, in the Washington,
Advisory Notice and supporting I. Authority
DC metropolitan area, (703) 412–9810.
materials are available. This action will
Paper copies are also available in the Today’s Recovered Materials
promote recycling by using government
RCRA Docket at the address listed in the Advisory Notice is published under the
purchasing to expand markets for
previous section. authority of sections 2002(a) and 6002
recovered materials. Section 6002 of the
Resource Conservation and Recovery For technical information regarding of the Solid Waste Disposal Act, as
Act requires EPA to designate items that today’s recommendations for the amended by the Resource Conservation
are or can be made with recovered following individual items, contact the and Recovery Act of 1976, as amended,
materials and provide recommendations referenced EPA staff: Building 42 U.S.C. 6912(a) and 6962, and
for the procurement of these items. EPA insulation and engine coolant—Tracy Executive Order 12873 (58 FR 54911,
previously designated five items and Bone (703) 308–7259; cement and October 22, 1993).
combined the designations and concrete containing GGBF slag and
II. Agency’s Response to Public
recommendations in item-specific hydraulic mulch—Dana Arnold, (703)
Comments
procurement guidelines. 308–7279; carpet, floor tiles and patio
blocks, playground surfaces and EPA received a number of comments
Executive Order 12873, ‘‘Federal
running tracks, yard trimmings on the draft RMAN published on April
Acquisition, Recycling, and Waste
compost, and temporary traffic control 20, 1994 (see 59 FR 18892–18914). The
Prevention,’’ directs EPA to change the
devices—Terry Grist, (703) 308–7257; vast majority of these comments were
process for designating items and
structural fiberboard, laminated specific to the recovered materials
providing recommendations. EPA now
paperboard, and non-paper office content levels recommended in the
is to designate procurement items in a
products—Beverly Goldblatt, (703) RMAN for each designated item. EPA
Comprehensive Procurement Guideline
308–7278. For all other technical carefully considered all of the
and to provide recommendations in
information, contact Beverly Goldblatt, comments on the draft RMAN in
related Recovered Materials Advisory
(703) 308–7278, or Terry Grist (703) developing the final recommendations
Notices. Elsewhere in today’s Federal
308–7257. included in today’s notice. A summary
Register, EPA is finalizing its first
of all comments received and the
Comprehensive Procurement Guideline Accessing Internet Agency’s response to these comments
(CPG). The CPG designates 19 new
1. Through Gopher: Go to: are provided in the document entitled
items for which this Recovered
gopher.epa.gov ‘‘RMAN for Items Designated in the
Materials Advisory Notice provides
Comprehensive Procurement
recommended recovered materials From the main menu, choose ‘‘EPA Guideline—Supporting Analyses.’’ This
content levels. These recommendations Offices and Regions’’. Next, choose document also provides discussions of
are organized within the following ‘‘Office of Solid Waste and Emergency any changes EPA made to the April
product categories: paper and paper Response (OSWER)’’. Next, choose 1994 draft recommendations.
products, vehicular products, ‘‘Office of Solid Waste’’. Then, choose
construction products, transportation ‘‘Non-Hazardous Waste—RCRA Subtitle III. Consolidation of New and Existing
products, park and recreation products, D’’. Finally, choose ‘‘Procurement/ Recommendations
landscaping products, and non-paper RMAN’’. In the Comprehensive Procurement
office products. Guideline, which is found in the rules
2. Through FTP: Go to: ftp.epa.gov
EFFECTIVE DATE: May 1, 1996. section of today’s Federal Register, EPA
ADDRESSES: The public docket for this Login: anonymous is promulgating a final rule designating
notice is Docket No. F–95–PRMF- Password: Your Internet Address 19 items which are or can be made with
FFFFF, located in Room M2616 of the Files are located in directories/pub/ recovered materials. The Recovered
RCRA Information Center (RIC)—Mail gopher. All OSW files are in directories Materials Advisory Notice published
Code 5305, U.S. EPA, 401 M Street, beginning with ‘‘OSW’’. here contains EPA’s final recovered
Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Notices 21387

materials content level Part A—Paper and Paper Products corrugated boxes; old newspapers; old
recommendations for purchasing these Part B—Vehicular Products magazines; mixed waste paper;
19 items. Section B–1—Lubricating Oil. tabulating cards and used cordage; and
Prior to 1993, EPA combined item Section B–2—Retread Tires. (2) All paper, paperboard and fibrous
Section B–3—Engine Coolants. wastes that enter and are collected from
designations and related purchasing
Part C—Construction Products
recommendations in one Federal Section C–1—Building Insulation.
municipal solid waste;
Register notice and codified both the Section C–2—Structural Fiberboard and
Procuring agency means any Federal
designations and recommendations in Laminated Paperboard. agency, or any State agency or agency of
the Code of Federal Regulations. As Section C–3—Cement and Concrete. a political subdivision of a State, which
required by Executive Order 12873, Section C–4—Carpet. is using appropriated Federal funds for
‘‘Federal Acquisition, Recycling, and Section C–5—Floor Tiles and Patio Blocks. such procurement, or any person
Waste Prevention,’’ (58 FR 54911, Part D—Transportation Products contracting with any such agency with
October 22, 1993), EPA is using a new Section D–1—Temporary Traffic Control respect to work performed under such
Devices. contract;
procedure for designating items and for
Part E—Park and Recreation Products Recovered materials means waste
providing purchasing recommendations Section E–1—Playground Surfaces and
for those items. While the designations materials and byproducts which have
Running Tracks.
will be codified in the Code of Federal been recovered or diverted from solid
Part F—Landscaping Products
Regulations, the recommendations will Section F–1—Hydraulic Mulch. waste, but such term does not include
be available in guidance documents Section F–2—Yard Trimmings Compost. those materials and byproducts
known as Recovered Materials Advisory Part G—Non-Paper Office Products generated from, and commonly reused
Notices. In the draft RMAN (59 FR Section G–1—Office Recycling Containers within, an original manufacturing
18893), EPA established a framework for and Office Waste Receptacles. process;
Section G–2—Plastic Desktop Accessories.
consolidating the recommendations for Part B—Specifications
Section G–3—Toner Cartridges.
newly-designated items with the Section G–4—Binders. EPA recommends that Federal
existing recommendations for paper and Section G–5—Plastic Trash Bags. agencies review and revise their product
paper products, re-refined lubricating Part H—Miscellaneous Products [Reserved] specifications with a view to
oil, retread tires, building insulation eliminating unnecessary stringency as
products, and cement and concrete I. General Recommendations
well as requirements which bear no
containing coal fly ash. EPA stated that Part A—Definitions relation to function in order to allow for
the RMAN would incorporate the then- the use of recovered materials.
As used in this Recovered Materials
current recommendations (see 59 FR Specifications that bear no relation to
Advisory Notice:
18893, April 20, 1994). Thus, the RMAN function should be revised according to
Act or RCRA means the Solid Waste
appended to this notice contains both the agency’s established specifications
Disposal Act, as amended by the
recommendations for the 19 new items review procedures. EPA further
Resource Conservation and Recovery
and recommendations consolidated recommends that, in reviewing an
Act, as amended, 42 U.S.C 6901 et seq;
from the five existing procurement Federal agency means any existing specification’s provisions
guidelines. These consolidated department, agency, or other pertaining to function, Federal agencies
recommendations replace the instrumentality of the Federal refer to existing voluntary standards and
recommendations in the existing government; any independent agency or research by organizations such as the
guidelines. establishment of the Federal American Society for Testing and
On March 15, 1995, EPA published a
government including any government Materials (ASTM), the American
Federal Register notice of the
corporation; and the Government Association of State Highway and
availability of a draft Paper Products
Printing Office; Transportation Officials (AASHTO), the
Recovered Materials Advisory Notice
Person means an individual, trust, Technical Association of the Pulp and
(60 FR 14182). When final, the
firm, joint stock company, corporation Paper Industry (TAPPI), and the
recommendations in the Paper Products
(including a government corporation), American Institute of Paper Chemistry.
RMAN will replace the Federal agencies that reference
partnership, association, Federal
recommendations found in Part II.A of Commercial Item Descriptions (CIDs) or
agency, State, municipality,
today’s RMAN. appropriate industry standards should
commission, political subdivision of a
Dated: April 21, 1995. State, or any interstate body; continue to reference them when
Carol M. Browner, Postconsumer material means a purchasing designated items. However,
Administrator. material or finished product that has agencies should review or modify CIDs
served its intended use and has been and industry standards, as appropriate,
Recovered Materials Advisory Notice
diverted or recovered from waste to be certain that the use of recovered
The following represents EPA’s destined for disposal, having completed materials is allowed.
recommendations to procuring agencies its life as a consumer item. Under RCRA section 6002, Federal
for purchasing the items designated in Postconsumer material is a part of the agencies need not revise specifications
the Comprehensive Procurement broader category of recovered materials. to allow or require the use of recovered
Guideline (CPG) in compliance with Postconsumer recovered materials, for materials if it can be determined that for
section 6002 of the Resource purposes of purchasing paper and paper technical reasons, for a particular end
Conservation and Recovery Act (RCRA). products, is a subset of the broader term use, a product containing such materials
Contents recovered materials, as defined in RCRA will not meet reasonable performance
section 6002(h), and means: standards. EPA recommends that
I. General Recommendations
Part A—Definitions
(1) Paper, paperboard and fibrous Federal agencies document such
Part B—Specifications wastes from retail stores, office determinations and that the
Part C—Affirmative Procurement Programs buildings, homes and so forth, after they determination be based on technical
II. Specific Recommendations for have passed through their end-usage as performance information (including any
Procurement of Designated Items a consumer item including: Used product testing) pertaining to a specific
21388 Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Notices

item or application. EPA further items, EPA recommends that procuring the Executive Order and RCRA
recommends that Federal agencies agencies establish minimum content requirements.
reference such documentation in the standards based on EPA’s recommended EPA recommends that procuring
contract files for subsequent recovered materials content levels and agencies track their purchases of
procurements of the specific item. the procuring agencies’ own research. products containing recovered materials
In most cases, for the items designated For other items, the use of minimum to establish benchmarks from which
in the CPG, EPA has recovered materials content standards is inappropriate, and progress can be assessed. To maintain
content levels for specific types or procuring agencies should establish an adequate records on procurement of
grades of items or for certain alternative program, as recommended products containing recovered
applications. EPA notes, however, that by EPA. materials, EPA recommends that
the intent is not to preclude Federal In addition, EPA recommends that procuring agencies choose to collect
agencies from procuring other types or procuring agencies review their data on the following:
grades of items, or from using recovered procurement practices and eliminate • The minimum percentages of
materials content items for other those that would inhibit or preclude the recovered materials content in the items
applications. On the contrary, if a new use of an item containing recovered procured or offered;
type or grade of a designated item materials. Specific examples of such • Comparative price information on
becomes available containing recovered procurement practices are provided in competitive procurements;
materials or if a Federal agency the item-specific recommendations, • The quantity of each item procured
discovers a new application for which where appropriate. over a fiscal year;
recovered materials content is Promotion Program: EPA • The availability of each item with
appropriate, EPA encourages the agency recommends that procuring agencies recovered materials content; and
to revise its specifications or develop include both internal and external • Performance information related to
new specifications to allow the use of promotion in their affirmative recovered materials content of an item.
recovered materials in that type or grade procurement programs. EPA recognizes that a procuring
of item or that specific application. There are several methods that agency may be unable to obtain accurate
Part C—Affirmative Procurement procuring agencies can use to educate data for all designated items. However,
Programs their employees about their affirmative the Agency believes that in many cases,
procurement programs. These methods estimated data will suffice in
EPA recommends that the determining the effectiveness of the
Environmental Executive within each include preparing and distributing
agency affirmative procurement agency’s affirmative procurement
major procuring agency take the lead in program.
developing the agency’s affirmative policies, publishing articles in agency
newsletters and publications, including Certification: Certification of the
procurement program and in recovered materials content in products
implementing the recommendations set affirmative procurement program
requirements in agency staff manuals, is an important mechanism for
forth in this RMAN. The basic encouraging the use of recovered
responsibilities of an Agency and conducting workshops and training
sessions to educate employees about materials in finished products. Because
Environmental Executive are described each product will be different, EPA
in sections 302 and 402 of Executive their responsibilities under agency
affirmative procurement programs. recommends that procuring agencies
Order 12873, ‘‘Federal Acquisition, discuss certification with product
Recycling, and Waste Prevention,’’ (58 Methods for educating existing
contractors and potential bidders vendors to ascertain the appropriate
FR 54911, October 22, 1993). In the
regarding an agency’s preference for period for certifying recovered materials
absence of such an individual, EPA
purchasing products containing content. EPA recommends that,
recommends that the head of the
recovered materials include publishing whenever feasible, the recovered
implementing agency appoint an
articles in appropriate trade materials content of a product be
individual who will be responsible for
publications, participating in vendor certified on a batch-by-batch basis or as
ensuring the agency’s compliance with
shows and trade fairs, placing an average over a calendar quarter or
RCRA section 6002 and Executive Order
statements in solicitations, and some other appropriate averaging period
12873.
discussing an agency’s affirmative as determined by the procuring
RCRA section 6002 and Executive
procurement program at bidders’ agencies.
Order 12873 require procuring agencies
to establish affirmative procurement conferences. II. Specific Recommendations for
programs for each EPA-designated item. Monitoring: EPA recommends that Procurement of Designated Items
EPA recommends that each agency procuring agencies monitor their
affirmative procurement programs, in Part A—Paper and Paper Products
develop a single, comprehensive
affirmative procurement program with a accordance with RCRA section Following are the preference program
structure that allows for the integration 6002(i)(2)(D) and Executive Order and specifications recommendations
of new items as they are designated. 12873, to ensure that they are fulfilling from the previous procurement
Consistent with Executive Order 12873, their requirements to purchase items guideline (formerly found at 40 CFR
EPA encourages agencies to implement composed of recovered materials to the part 250) and a subsequent Procurement
preference programs for non-guideline maximum extent practicable. EPA Guidelines Advisory issued by EPA on
items as well, in order to maximize their anticipates that the Federal November 20, 1990. On March 15, 1995,
purchases of recycled content products Environmental Executive and the Office EPA issued a draft Paper Products
and foster markets for recovered of Federal Procurement Policy will Recovered Materials Advisory Notice
materials. request information from Federal (RMAN) in the Federal Register (see 60
Preference Program: In Section II of agencies on their affirmative FR 14182) which contains draft
this RMAN, EPA provides specific procurement practices. Therefore, EPA revisions to the Agency’s
recommendations for procuring recommends that Federal procuring recommendations for paper products.
agencies to use when purchasing the agencies maintain adequate records of When EPA issues final
EPA-designated items. For most of these procurements that may be affected by recommendations for paper and paper
Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Notices 21389

products, procuring agencies should Preference program. EPA requirements of RCRA section
substitute them for the recommends that procuring agencies set 6002(c)(1), but no lower than the levels
recommendations found in this section their minimum content levels at the shown in Table A–1.
of the RMAN. highest levels that meet the statutory

TABLE A–1.—EPA RECOMMENDED MINIMUM CONTENT STANDARDS OF SELECTED PAPERS AND PAPER PRODUCTS
Minimum per-
Minimum per- centage of re- Minimum per-
centage of re- covered centage of
covered mate- postconsumer waste paper 1
rials recovered ma-
terials

Newsprint ..................................................................................................................................... ....................... 40 .......................


High grade bleached printing and writing paper:
Offset printing ........................................................................................................................ ....................... ....................... 50
Mimeo and duplicator paper ................................................................................................. ....................... ....................... 50
Writing (stationery) ................................................................................................................ ....................... ....................... 50
Office paper (e.g., note pads) ............................................................................................... ....................... ....................... 50
Paper for high-speed copiers ............................................................................................... ....................... ....................... 50
Envelopes ............................................................................................................................. ....................... ....................... 50
Form bond including computer paper and carbonless. ........................................................ ....................... ....................... 50
Book papers .......................................................................................................................... ....................... ....................... 50
Bond papers .......................................................................................................................... ....................... ....................... 50
Ledger ................................................................................................................................... ....................... ....................... 50
Cover stock ........................................................................................................................... ....................... ....................... 50
Cotton fiber papers ............................................................................................................... 25 ....................... 50
Tissue products:
Toilet tissue ........................................................................................................................... ....................... 20 .......................
Paper towels ......................................................................................................................... ....................... 40 .......................
Paper napkins ....................................................................................................................... ....................... 30 .......................
Facial tissue .......................................................................................................................... ....................... 5 .......................
Doilies ................................................................................................................................... ....................... 40 .......................
Industrial wipers .................................................................................................................... ....................... 0 .......................
Unbleached packaging:
Corrugated boxes ................................................................................................................. ....................... 35 .......................
Fiber boxes ........................................................................................................................... ....................... 35 .......................
Brown papers (e.g., bags) .................................................................................................... ....................... 5 .......................
Recycled paperboard:
Recycled paperboard products including folding cartons ..................................................... ....................... 80 .......................
Pad backing .......................................................................................................................... ....................... 90 .......................
1 Waste paper is defined in 40 CFR 247 (old 40 CFR 250) and refers to specified postconsumer and other recovered materials.

Part B—Vehicular Products United States or to an excessively broad (v) MIL–L–2104, Lubricating Oil,
geographic area. Internal Combustion Engine, Combat/
Section B–1—Lubricating Oil
(4) Supply excessively large contract Tactical Service
Preference Program. EPA quantities. (vi) API Engine Service Category CD—
recommends that procuring agencies set Specifications. EPA recommends that Diesel Engine Service (or current
their minimum re-refined oil content procuring agencies use the following category)
standard at the highest level of re- specifications when procuring (vii) MIL–L–21260D (or current
refined oil that they determine meets lubricating oils containing re-refined oil: version)—Lubricating Oil, Internal
the statutory requirements of RCRA Combustion Engine, Preservative and
section 6002(c)(1), but no lower than 25 (1) Engine lubricating oils.
Break-in
percent re-refined oil. (i) A–A–52039—Commercial Item (viii) MIL–L–46167B (or current
EPA recommends that procuring Description, Lubricating Oil, version)—Lubricating Oil, Internal
agencies review their procurement Automotive Engine, API Service SG Combustion Engine, Arctic
practices and eliminate those which (replaced MIL–L–46152, Lubricating (2) Hydraulic fluids.
would inhibit or preclude procurement Oil, Internal Combustion Engine, (i) MIL–H–5606E (or current
of lubricating oils containing re-refined Administrative Service). version)—Hydraulic Fluid, Petroleum
oil. For example, procuring agencies (ii) API Engine Service Category SF– Base, Aircraft, Missile, and Ordnance
should review the practices of inviting 1980 Gasoline Engine Warranty (ii) MIL–H–6083E (or current
bids and issuing contracts to do the Maintenance Service (or current version)—Hydraulic Fluid, Petroleum
following: category) Base, For Preservation and Operation
(1) Supply a broad range of (iii) A–A–52306—Commercial Item (3) Gear oils.
lubricating oil products on an ‘‘all or Description, Lubricating Oil, Heavy- (i) MIL–L–2105D (or current version)
none’’ basis. Duty Diesel Engine (for wheeled Lubricating Oil, Gear, Multipurpose
(2) Supply lubricating oils for an vehicles only) (b) Copies of the military
excessively long period of time. (iv) API Engine Service Category CC— specifications can be obtained from:
(3) Deliver lubricating oils to Diesel Engine Service (or current Commanding Officer, Naval
geographic locations throughout the category) Publications and Forms Center, 5801
21390 Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Notices

Tabor Avenue, Philadelphia, agencies purchase engine coolant TABLE C–2.—RECOMMENDED RECOV-
Pennsylvania 19120. containing only one base chemical, ERED MATERIALS CONTENT LEVELS
Preference program. EPA typically ethylene glycol or propylene FOR STRUCTURAL FIBERBOARD AND
recommends that procuring agencies glycol, to prevent the commingling of
establish preference programs consisting
LAMINATED PAPERBOARD
incompatible types of engine coolant.
of two components: Total re-
(1) Procurement of tire retreading Part C—Construction Products Postconsumer covered
services for the agencies’ used tire Note: Refer to Part F—Landscaping Product recovered materials
casings. EPA recommends that paper (%) content
Products for additional items that can be (%)
procuring agencies specify that tire used in construction.
repair and retread services must Structural
conform to Federal Specification ZZ–T– Section C–1.—Building Insulation
fiberboards ..... ...................... 80–100
441H (or current version); obtain Preference Program: EPA Laminated paper-
retreading services from retreaders recommends that, based on the boards ............ 100 100
participating in the U.S. General recovered materials content levels
Services Administration, Federal Tire Note: The recovered materials content
shown in Table C–1, procuring agencies levels are based on the weight (not volume)
Program’s Quality Assurance Facility establish minimum content standards
Inspection Program (QAFIP); and of materials in the insulating core only.
for use in purchasing building
require bidders to submit a copy of their Specifications: EPA recommends that
current certification under the QAFIP. insulation products. procuring agencies use ASTM Standard
(2) Procurement of tires through Specification C 208 and ANSI/AHA
competition between vendors of new TABLE C–1.—RECOMMENDED RECOV- specification A194.1. EPA further
tires and vendors of retread tires. EPA ERED MATERIALS CONTENT LEVELS recommends that, when purchasing
recommends that procuring agencies FOR BUILDING INSULATION structural fiberboard products
specify that retread tires must meet the containing recovered paper, procuring
requirements of Federal Specification Insulation material Recovered materials agencies (1) reference the technical
ZZ–T–381, ‘‘Tires, Pneumatic, (materials and %) requirements of ASTM C 208,
Vehicular (Highway) (New and ‘‘Insulating Board (Cellulosic Fiber),
Rock Wool ................ Slag 75.
Retreaded),’’ and be listed on Qualified Structural and Decorative,’’ (2) permit
Fiberglass ................. Glass cullet 20–25.
Products List QPL–ZZ–T–381, issue in structural fiberboard products made
Cellulose loose-fill Postconsumer paper
effect. EPA further recommends that and spray-on. 75.
from recovered paper where
procuring agencies require bidders to Perlite composite Postconsumer paper appropriate, and (3) permit products
submit a copy of their current board. 23 such as floor underlayment and roof
certification under the U.S. General Plastic Rigid Foam, Recovered material 9. overlay containing recovered paper.
Services Administration, Federal Tire Polyisocyanurate/ EPA further recommends that
Program’s Quality Assurance Facility polyurethane: Rigid procuring agencies review their
Inspection Program (QAFIP). foam. specifications for insulating products
In the event that identical low bids Foam-in-place ........... Recovered material 5. and revise them as necessary to obtain
are received in response to a Glass fiber reinforced Recovered material 6. the appropriate ‘‘R’’-value without
solicitation, all other factors being Phenolic rigid foam ... Recovered material 5. unnecessarily precluding the purchase
equal, procuring agencies should of products containing recovered
provide a preference to the vendor Note: The recommended recovered materials.
offering to supply the greatest number of materials content levels are based on the
weight (not volume) of materials in the Section C–3—Cement and Concrete
retread tires.
Preference Program: EPA insulating core only. Preference Program: EPA
recommends that procuring agencies recommends that procuring agencies
Specifications: EPA recommends that prepare or revise their procurement
whose vehicles are serviced by a motor
pool or vehicle maintenance facility procuring agencies reference ASTM programs for cement and concrete or for
establish a program for engine coolant standard specification D 5359, ‘‘Glass construction projects involving cement
reclamation and reuse, consisting of Cullet Recovered from Waste for Use in and concrete to allow the use of coal fly
either reclaiming the spent engine Manufacture of Glass Fiber,’’ in ash or ground granulated blast furnace
coolants on-site for use in the agencies’ Invitations for Bid and Requests for slag (GGBF slag), as appropriate. EPA
vehicles, or establishing a service Proposal. does not recommend that procuring
contract for reclamation of the agencies’ agencies favor one recovered material
Section C–2—Structural Fiberboard and
spent engine coolant for use in the over the other. Rather, EPA recommends
Laminated Paperboard
agencies’ vehicles. that procuring agencies consider the use
EPA also recommends that procuring Preference Program: EPA of both recovered materials and choose
agencies request reclaimed engine recommends that, based on the the one that meets their performance
coolant when having their vehicles recovered materials content levels requirements, consistent with
serviced at commercial service centers. shown in Table C–2, procuring agencies availability and price considerations.
Additionally, EPA recommends that establish minimum content standards EPA also recommends that procuring
agencies purchase reclaimed engine for use in purchasing structural agencies specifically include provisions
coolant when making direct purchases in all construction contracts to allow for
fiberboard or laminated paperboard
of this item such as when necessary to the use, as optional or alternate
products for use in either insulating or
make up for losses due to leakage or materials, of cement or concrete which
structural applications. contains coal fly ash or GGBF slag,
spillage.
EPA does not recommend one type of where appropriate.
engine coolant over another. However, Due to variations in coal fly ash,
EPA recommends that procuring GGBF slag, cement, strength
Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Notices 21391

requirements, costs, and construction • According to ASTM C 595, GGBF ensure that their guide specifications do
practices, EPA is not recommending slag may replace up to 70 percent of the not inappropriately or unfairly
recovered materials content levels for Portland cement in some concrete discriminate against the use of coal fly
cement or concrete containing coal fly mixtures. Most GGBF slag concrete ash or GGBF slag in cement and
ash or GGBF slag. However, EPA is mixtures contain between 25 and 50 concrete. EPA further recommends that
providing the following information percent GGBF slag by weight. EPA procuring agencies revise their guide
about recovered materials content. recommends that procuring agencies specifications to require that contract
refer, at a minimum, to ASTM C 595 for specifications for individual
• Replacement rates of coal fly ash for construction projects or products allow
the GGBF slag content appropriate for
cement in the production of blended the intended use of the cement and for the use of coal fly ash or GGBF slag,
cement generally do not exceed 20–30 concrete. unless the use of these materials is
percent, although coal fly ash blended Specifications: The following technically inappropriate for a
cements may range from 0–40 percent recommendations address guide particular construction application.
coal fly ash by weight, according to specifications, materials specifications, • Materials specifications. EPA
ASTM C 595, for cement Types IP and contract specifications, performance recommends that procuring agencies
I(PM). Fifteen percent is a more standards, mix design, and quality use the existing voluntary consensus
accepted rate when coal fly ash is used control. specifications referenced in Table C–3
as a partial cement replacement as an • Guide specifications. EPA for cement and concrete containing
admixture in concrete. recommends that procuring agencies GGBF slag.

TABLE C–3.—RECOMMENDED SPECIFICATIONS FOR CEMENT AND CONCRETE CONTAINING RECOVERED MATERIALS
Cement specifications Concrete specifications

ASTM C 595, ‘‘Standard Specification for ASTM C 618, ‘‘Standard Specification for Fly Ash and Raw or Calcined Natural Pozzolan for
Blended Hydraulic Cements.’’. Use as a Mineral Admixture in Portland Cement Concrete.’’
ASTM C 150, ‘‘Standard Specification for Port- ASTM C 311, ‘‘Standard Methods of Sampling and Testing Fly Ash and Natural Pozzolans for
land Cement.’’. Use as a Mineral Admixture in Portland Cement Concrete.’’
AASHTO M 240, ‘‘Blended Hydraulic Ce- ASTM C 989, ‘‘Ground Granulated Blast-Furnace Slag for Use in Concrete Mortars.’’
ments.’’.
AASHTO M 302, ‘‘Ground Granulated Blast Furnace Slag for Use in Concrete and Mortars.’’
American Concrete Institute Standard Practice ACI 226.R1, ‘‘Ground Granulated Blast-Furnace
Slag as a Cementitious Constituent in Concrete.’’

• State specifications. EPA • Performance standards. EPA cement ratios could potentially unfairly
recommends that procuring agencies recommends that procuring agencies discriminate against the use of coal fly
consult other agencies with established review and, if necessary, revise ash or GGBF slag. Such specifications
specifications for coal fly ash or GGBF performance standards relating to should be changed in order to allow the
slag to benefit from their experience. cement or concrete construction projects partial substitution of coal fly ash or
Procuring agencies can consult the to insure that they do not arbitrarily GGBF slag for cement in the concrete
Federal Highway Administration, which restrict the use of coal fly ash or GGBF mixture, unless technically
maintains a data base of state highway slag, either intentionally or inappropriate. Cement ratios may be
agency material specifications. The inadvertently, unless the restriction is retained, as long as they reflect the
States of Alabama, Connecticut, District justified on a job-by-job basis: (1) To cementitious characteristics which coal
of Columbia, Florida, Georgia, Illinois, meet reasonable performance fly ash or GGBF slag can impart to a
Indiana, Maryland, Michigan, North requirements for the cement or concrete concrete mixture, e.g., by considering
Carolina, North Dakota, Ohio, or (2) because the use of coal fly ash or Portland cement plus coal fly ash or
Pennsylvania, South Carolina, Virginia, GGBF slag would be inappropriate for Portland cement plus GGBF slag as the
and West Virginia have adopted technical reasons. EPA recommends total cementitious component.
specifications which allow the use of that this justification be documented • Quality control. Nothing in this
GGBF slag in one or more applications. based on specific technical performance RMAN should be construed to relieve
If needed, procuring agencies can obtain information. Legitimate documentation the contractor of responsibility for
these specifications from the respective of technical infeasibility for coal fly ash providing a satisfactory product.
state transportation departments and or GGBF slag can be for certain classes Cement and concrete suppliers are
adapt them for use in their programs for of applications, rather than on a job-by- already responsible both for the quality
cement and concrete, as appropriate. job basis. Procuring agencies should of the ingredients of their product and
• Contract specifications. EPA reference such documentation in for meeting appropriate performance
recommends that procuring agencies individual contract specifications to requirements, and will continue to be
which prepare or review ‘‘contract’’ avoid extensive repetition of previously under this RMAN. Nothing in EPA’s
specifications for individual documented points. However, procuring recommendations should be construed
construction projects revise those agencies should be prepared to submit as a shift in normal industry procedures
specifications to allow the use of cement such documentation to analysis by for assigning responsibility and liability
and concrete containing coal fly ash or interested persons, and should have a for product quality.
GGBF slag as optional or alternate review process available in the event of Procuring agencies should expect
materials for the project, where disagreements. suppliers of blended cement, coal fly
appropriate, consistent with the • Mix design. In concrete mix design ash or GGBF slag, and concrete to
agencies’ performance and price specifications which specify minimum demonstrate (through reasonable testing
objectives. cement content or maximum water, the programs or previous experience) the
21392 Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Notices

performance and reliability of their shown in Table C–4, procuring agencies Specifications: EPA recommends that
product and the adequacy of their establish minimum content standards Federal procuring agencies use GSA’s
quality control programs. However, for use in purchasing polyester carpet New Item Introductory Schedule when
procuring agencies should not subject for light- and moderate-wear purchasing polyester carpet containing
cement and concrete containing coal fly applications. This recommendation recovered materials. EPA also
ash or GGBF slag to any unreasonable does not include polyester carpet for use recommends that procuring agencies
testing requirements. in heavy-wear or severe-wear review their specifications and revise
In accordance with standard industry applications; however, procuring them to permit, where suitable, the use
practice, coal fly ash and GGBF slag agencies are encouraged to evaluate the of polyester carpet containing recovered
suppliers should be required to provide suitability of polyester carpet in these materials. In particular, EPA
to users a statement of the key recommends that agencies currently
applications. These recommendations
characteristics of the product supplied. limiting carpet materials to nylon, wool,
do not preclude a procuring agency
These characteristics may be stated in or other materials consider adding
from purchasing carpet made of other polyester, where appropriate, to enable
appropriate ranges. Other characteristics
should be requested as needed by the materials, such as nylon, wool, or them to procure carpet containing
procuring agency. polypropylene. recovered materials.
Agencies desiring a testing or quality
assurance program for cements, blended TABLE C–4.—RECOMMENDED RECOV- Section C–5—Floor Tiles and Patio
cements, or coal fly ash should contact ERED MATERIALS CONTENT LEVELS Blocks
the U.S. Army Engineer Waterways FOR CARPET Preference Program: EPA
Experiment Station, PO Box 631, recommends that, based on the
Vicksburg, Mississippi 39180. Postconsumer recovered materials content levels
Product Resin Materials (%) shown in Table C–5, procuring agencies
Section C–4—Carpet establish minimum content standards
Preference Program: EPA Polyester Carpet for use in purchasing heavy-duty/
recommends that, based on the Face Fiber ...... PET 25–100 commercial type floor tiles and patio
recovered materials content levels blocks made with rubber or plastic.

TABLE C–5.—RECOMMENDED RECOVERED MATERIALS LEVELS FOR FLOOR TILES AND PATIO BLOCKS
Total recov-
Postconsumer
Product Material ered mate-
materials (%) rials (%)

Patio blocks ..................................................................... rubber or rubber blends .................................................. 90–100 ...................


Plastic or plastic blends .................................................. ...................... 90–100
Floor tiles (heavy duty/commercial use) ......................... Rubber ............................................................................ 90–100 ...................
Plastic ............................................................................. ...................... 90–100

Note: The recommended recovered items made from recovered materials. recovered materials content levels
materials content levels are based on the dry Recommendations for floor tiles are limited shown in Table D–1, procuring agencies
weight of the raw materials, exclusive of any to heavy-duty/commercial-type applications
establish minimum content standards
additives such as adhesives, binders, or only.
coloring agents. EPA’s recommendation does for use in traffic cones and traffic
not preclude procuring agencies from Part D—Transportation Products barricades.
purchasing floor tiles or patio blocks Section D–1—Temporary Traffic Control
manufactured from another material. It Devices
simply recommends that procuring agencies,
when purchasing floor tiles or patio blocks Preference Program: EPA
made from rubber or plastic, purchase these recommends that, based on the
TABLE D–1.—RECOMMENDED RECOVERED MATERIALS CONTENT LEVELS FOR TRAFFIC CONES AND TRAFFIC BARRICADES
Total recov-
Postconsumer
Product Material ered mate-
materials (%) rials (%)

Traffic Cones ................................................................... PVC, LDPE, Crumb Rubber ........................................... ...................... 50—100
Traffic Barricades (Type I & II only) ................................ HDPE, LDPE, PET Steel ................................................ 80—100 100
Fiberglass ....................................................................... ...................... 100

Note: The recommended recovered materials content levels are based on the dry weight of the raw materials, exclusive of any
additives such as adhesives, binders, or coloring agents.

Part E—Park and Recreation Products recovered materials content levels


shown in Table E–1, procuring agencies
Section E–1—Playground Surfaces and
establish minimum content standards
Running Tracks
for use in purchasing playground
Preference Program: EPA surfaces and running tracks made of
recommends that, based on the rubber or plastic.
Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Notices 21393

Table E–1.—Recommended Recovered Materials Content Levels for Playground Surfaces and Running Tracks
Postconsumer
Product Material recovered
materials (%)

Playground Surfaces ................................................................... Rubber or Plastic ....................................................................... 90—100


Running Tracks ............................................................................ Rubber or Plastic ....................................................................... 90—100

Note: The recommended recovered materials content levels are based on the dry weight of the raw materials, exclusive of any
additives such as adhesives, binders, or coloring agents. EPA’s recommendation does not preclude procuring agencies from purchasing
playground surfaces or running tracks manufactured from another material. It simply recommends that procuring agencies, when purchas-
ing playground surfaces or running tracks made from rubber or plastic, purchase these items made from recovered materials.

Part F—Landscaping Products recovered materials content levels


shown in Table F–1, procuring agencies
Section F–1—Hydraulic Mulch
establish minimum content standards
Preference Program: EPA for paper-based and wood-based
recommends that, based on the hydraulic mulch products.

TABLE F–1.—RECOMMENDED RECOVERED MATERIALS CONTENT LEVELS FOR HYDRAULIC MULCH PRODUCTS
Hydraulic mulch products Recovered materials (materials and %)

Paper-Based Hydraulic Mulch .................................................................. Postconsumer recovered paper 100.


Wood-Based Hydraulic Mulch ................................................................... Recovered wood and/or paper 100.

Note: The recommended recovered materials content levels are based on the dry weight of the fiber, exclusive of any dyes, wetting
agents, seeds, fertilizer, or other non-cellulose additives.

Section F–2—Yard Trimmings Compost


Preference Program: EPA recommends that procuring agencies purchase or use compost made from yard trimmings,
leaves, and/or grass clippings in such applications as landscaping, seeding of grass or other plants on roadsides and
embankments, as nutritious mulch under trees and shrubs, and in erosion control and soil reclamation.
EPA further recommends that those procuring agencies that have an adequate volume of yard trimmings, leaves,
and/or grass clippings, as well as sufficient space for composting, should implement a composting system to produce
compost from these materials to meet their landscaping and other needs.
Specifications: EPA recommends that procuring agencies ensure that there is no language in their specifications
for fertilizers and soil amendments that would preclude or discourage the use of compost. For instance, if specifications
address the use of straw or hay in roadside revegetation projects, procuring agencies should assess whether compost
could substitute for straw or hay or be used in combination with them.
The State of Maine has developed quality standards for compost products that are used by its agencies and/or
purchased with state funds. The quality standards have been set for six types of compost products, ranging from topsoil
(three classes), to wetland substrate, to mulch (two classes). For each of these types of compost product, standards
for maturity, odor, texture, nutrients, Ph, salt content, organic content, pathogen reduction, heavy metals, foreign matter,
moisture content, and density have been established. EPA recommends that procuring agencies obtain and adapt this
or another suitable specification for their use in purchasing compost products.

Part G—Non-Paper Office Products recovered materials content levels


shown in Table G–1, procuring agencies
Section G–1—Office Recycling
Containers and Office Waste establish minimum content standards
Receptacles for use in purchasing office recycling
containers and office waste receptacles.
Preference Program: EPA
recommends that, based on the

TABLE G–1.—RECOMMENDED RECOVERED MATERIALS CONTENT LEVELS FOR OFFICE RECYCLING CONTAINERS AND
OFFICE WASTE RECEPTACLES
Product Recovered materials (materials and percent)

Office Recycling Containers and Office Waste Receptacles ................... Plastic 20–100 Postconsumer Recovered Materials.
Paper Refer to the Paper Products Recommendations in Part A of
RMAN.
Steel 25–100 Total recovered materials.

Note: EPA’s recommendation for office recycling containers and office waste receptacles containing recovered plastic, paper, or
steel does not preclude procuring agencies from purchasing containers or receptacles manufactured using another material, such as
wood. It simply recommends that procuring agencies, when purchasing office recycling containers or office waste receptacles manufactured
from plastic, paper, or steel, seek such containers made with recovered materials.
21394 Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Notices

Section G–2–Desktop Accessories


Preference Program: EPA recommends that, based on the recovered materials content levels shown in Table G–
2, procuring agencies establish minimum content standards for use in purchasing plastic desktop accessories. If items
are not available within the recommended range, procuring agencies should seek the items with the highest percentage
of recovered materials practicable.
TABLE G–2—RECOMMENDED RECOV-
ERED MATERIALS CONTENT LEVELS
FOR PLASTIC DESKTOP ACCES-
SORIES

Postconsumer recovered
Product materials (material and
percent)

Plastic Desktop Polystyrene 25–80.


Accessories.

Note: EPA’s recommendation does not preclude procuring agencies from purchasing a desktop accessory manufactured from another
material, such as paper, wood, or steel. It simply recommends that, when purchasing plastic desktop accessories, procuring agencies
purchase these items made from recovered materials.

Section G–3—Toner Cartridges agencies’ expended toner cartridges. when such services are unavailable or
Preference Program: EPA EPA recommends that, under such not practicable, obtain remanufactured
recommends that procuring agencies policies and procedures, procuring toner cartridges or new toner cartridges
establish procedures and policies that agencies procure remanufacturing made with recovered materials from
give priority to remanufacturing the services for expended cartridges and, product vendors.

Section G–4—Binders
Preference Program: EPA recommends that, based on the recovered materials content levels shown in Table G–
3, procuring agencies establish minimum content standards for use in purchasing binders.

TABLE G–3.—RECOMMENDED RECOVERED MATERIALS CONTENT LEVELS FOR BINDERS


Product Recovered materials (materials and percent)

Plastic-Covered Binders (Plastic Covering) .............................................. Plastic 25–50.


Chipboard, Paperboard, or Pressboard Binders or Binder Components . Paper Refer to Paper Products Recommendations in Part A of RMAN.

Note: The chipboard, paperboard, or pressboard binders or components of plastic-covered binders or binders covered with another
material, such as cloth, are covered under the recommendation for paper and paper products (see Part A of the RMAN). EPA’s
recommendations do not preclude procuring agencies from purchasing binders covered with or manufactured using another material,
such as cloth. It simply recommends that procuring agencies, when purchasing binder types designated in the procurement guidelines,
purchase these binders containing recovered materials.

Specifications: GSA’s specification for minimum of 100% waste paper, levels shown in Table G–4, procuring
binders, A-A–2549A, covers four types including a minimum of 30% agencies establish minimum content
of binders, including cloth bound, postconsumer recovered materials.’’ standards for use in purchasing plastic
flexible cover; cloth bound, stiff cover; trash bags.
Section G–5—Plastic Trash Bags
plastic bound, flexible cover; and plastic
bound, stiff cover. In the specification, Preference Program: EPA
GSA requires its binders to contain ‘‘a recommends that, based on the content

TABLE G–4.—RECOMMENDED RECOVERED MATERIALS CONTENT LEVELS FOR PLASTIC TRASH BAGS
Postconsumer recov-
Product ered materials (ma-
terial and percent)

Plastic Trash Bags .................................................................................................................................................................... Plastic 10–100.

Note: EPA’s recommendation does not recommends that procuring agencies, when Part H—Miscellaneous Products
preclude procuring agencies from purchasing purchasing plastic trash bags, purchase these
a trash bag manufactured using another [FR Doc. 95–506 Filed 4–28–95; 8:45 am]
items made from recovered materials.
material, such as paper. It merely BILLING CODE 6560–50–P

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