November 20, 2013 PUBLIC COMMENTS SOUGHT:Draft Guidelines for Product Environmental Performance Standards & Ecolabels for Voluntary Use in Federal ProcurementDRAFT GUIDELINES FOR PRODUCT ENVIRONMENTAL PERFORMANCE STANDARDS & ECOLABELS**# Guideline Name** **Guideline B/L** **Source of Guideline Other References** **Section I** **: Guidelines for the** **Process for Develop** **ing Standards** 1Open Participation Reasonable efforts were made toensure participation was open to all directly and materially affectedpersons. There was no undue financial barrier for participation.B ANSI EssentialRequirementsISO 14024; ISO 14020;ISO/ IEC Guide 59;IFAN12Voting Open Voting membership on decision-making body was not conditional upon membership in any organization. L ANSI EssentialRequirementsIFAN; WTO TBT Annex3 & Decision G/TBT/93Reasonable VotingQualificationsVoting membership on decision-making body was not unreasonably restricted on basis of technicalqualifications or other such requirements.B ANSI EssentialRequirementsIFAN; WTO TBT Annex3 & Decision G/TBT/94Progress/Updatesare CommunicatedTimely and adequate notice of standards activity was announced in suitable media as appropriate todemonstrate the opportunity for participation by all directly and materially affected persons.B ANSI EssentialRequirementsISO/IEC Guide 59;WTO TBT Annex 35Transparent The process was transparent through significant stages of the standard's development and operation.2B ISO 14024 ANSI EssentialRequirements; ISO14020; ISO/IEC Guide59; WTO TBT Annex 3& Decision G/TBT/96Consideration of AllViewpointsThe standards development process included fair andequitable consideration of all viewpoints. B ANSIEssentialRequirementsIAF; IFAN; ISO 14020;ISO 140247Diversity ofInterestsParticipation from diverse interest categories wasactively sought with the objective of achieving balance sothat no single interest category constitutes a majority of the membership of the decision-making body.3B ANSI EssentialRequirementsIAF; IFAN8No FundingConflictsFunding sources for standards development did not create conflicts of interest. B ISO 14024 ISO/IEC Guide 59;IFAN9Consensus Effort Reasonable efforts were made to achieve consensus throughout the process; prompt consideration wasgiven to all views, and evidence of consensus4reached was documented.B ISO 14024 ANSI EssentialRequirements; IFAN;WTO TBT Annex 3 &Decision G/TBT/910Effort to ResolveObjectionsAn effort to resolve all objections was made in a fair and unbiased way. Commenters were informed of theresolution of their comments and advised of their right to appeal.B ANSI EssentialRequirementsISO 14020; ISO 14024;WTO TBT Annex 3 &Decision G/TBT/911Appeals Mechanism Written procedures contain an appeals mechanism for the prompt and impartial handling of proceduralcomplaints regarding any action or inaction of thedecision-making body.B ANSI EssentialRequirementsISO/IEC Guide 59;IFAN12Appeals Open Appeals procedures provide for participation by all parties concerned without imposing an undue financialor administrative burden on them.B ANSI EssentialRequirements13Good-faith onConflictsA standards developing organization shall make a good-faith effort to resolve potential conflicts withtherequirements of other existing standards and to coordinate standardization activities.5B ANSI EssentialRequirementsISO 14020; ISO 14024;;IFAN; WTO TBT Annex3 & Decision G/TBT/914Standards Updated Standards are revised or reaffirmed every five years at minimum.B ANSI EssentialRequirementsISO 14020; ISO 14024;IFAN**Section II** **: Guidelines for** **the Environmental Effectiveness of the Standards**[Revised per public comments – see**www.epa.gov/epp/draftguidelines/RevGuidelinesSII.pd f** ]1FunctionalPerformanceFinal product standards require that the product’sfunctional performance is consistent with comparableconventional products or standard industry test methods.BFAR 23.103 Sustainableacquisitions: (c) TheISO 14024DRAFT GUIDELINES FOR PRODUCT ENVIRONMENTAL PERFORMANCE STANDARDS & ECOLABELS**# Guideline Name** **Guideline B/L** **Source of Guideline Other References** required products inthe contract actions2Align with RelevantStandardsTo avoid duplication or confusion in the marketplace, standards for green products align with relevantexisting standards, including building upon existing, federal, regional, national, and international standardswhere relevant to the scope and goals of the standard.BISO 14024; WTO TBTAnnex 33MeasurabilityThe product environmental performance criteria aremeasurable.BISO 140244Credible ScientificReasoningThe criteria reflect a credible scientific reasoning process and reference, incorporate or are based on thebest available science.BISO 140245Performance-BasedThe criteria are performance-based when such criteria may reasonably be used in lieu of prescriptivecriteria.LOMB A-1196Lifecycle StagesThe standard’s developer considered the full rangeof product life cycle stages. Exclusion of a significantlifecycle stage is explained in the standard or other appropriate, publicly available documentation.6LISO 140247MultipleEnvironmentalAttributesStandards developers considered the full range of environmental attributes. Exclusion of a significantenvironmental attribute is explained in the standard or other appropriate, publicly availabledocumentation.7LISO 140248WeightingMethodologiesIf a standard uses methodologies to weight and aggregate multiple attributes into a single score, thosemethodologies are well-documented in the standard.B9HotspotsWhere there are certain lifecycle stages or attributes that dominate the opportunity for environmentalimprovement, those significant attributes (or "hotspots") are clearly defined and given greater emphasis indifferentiating environmental performance. If additional attributes are addressed, the standard clearlyidentifies any known trade-offs between attributes.8BISO 14024; FTC10SignificantMeasurableDifferenceProduct environmental criteria differentiate products from others in the product category, based on asignificant measurable difference in environmentalimpact for the environmental attribute(s) for whichtheproduct makes a claim.BISO 14024FTC11Intrinsic HazardsProduct environmental criteria focus on the intrinsic hazards of chemicals, and require safer substitutes tothe extent possible, considering existing data andavailability of functional alternatives.9L12IngredientDisclosureThe standard encourages manufacturers to disclose ingredients in products (to other businesses in thesupply chain and/or consumers).10L13Impact AssessmentDisclosureThe standard encourages manufacturers to disclose the results of life cycle assessments and other productenvironmental or human health assessments that havebeen conducted.11L**Section III :** **Guidelines for Conformity Assessment 12** 1 Follow RelevantStandardsConformity assessment bodies follow relevant International Standards, and other normative documents.B ISO/IEC Guide 65 ISO/IEC 17050-1 & -22 Independence The decision-making process of bodies involved in conformity assessment (including those evaluating,inspecting and testing conformity to standards) areindependent from those organizations to whom theyare providing their services.B ISO/IEC Guide 65 ISO/IEC 17011, 17020and 170213 Slide Fee Scale Conformity assessment bodies offer a sliding scale of certification fees in order tobe accessible to smallbusinesses.L4 Accreditation Conformity assessment bodies are accredited as being in compliance with relevant International Standards,and other normative documents.L ISO/IEC Guide 65 ISO/IEC 17050-1&2,17020,17021,17025,ISO 17011OR apply the evaluation factors below, which are consistent with the requirements of internationallyaccepted standards for operations of a conformity assessment body._DRAFT GUIDELINES FOR PRODUCT ENVIRONMENTAL PERFORMANCE STANDARDS & ECOLABELS**# Guideline Name** **Guideline B/L** **Source of Guideline Other References** 4.1 Objective &Impartial StructureConformity assessment bodies are structured in sucha way that they are able to provide an objective andimpartial evaluation of conformity. Decisions are based on the objective evidence of conformity (ornonconformity) obtained by the body.B ISO/IEC Guide 65 ISO/IEC 170214.2 Free from UnduePressuresConformity assessment bodies ensure that managementand personnel are free from any unduecommercial, financial and other pressures that could compromise the confidentiality, objectivity orimpartiality of its process and decisions.B ISO/IEC Guide 65 ISO/IEC17011,17025, ISO140244.3 DocumentedProceduresThe conformity assessment process followed has documented procedures B ISO/IEC Guide 65 ISO/IEC 170214.4 Take All NecessarySteps to EvaluateConformanceConformity assessment bodies take all steps necessary to evaluate conformance with the relevant productstandard requirements.B ISO/IEC Guide 654.5 Role Separation Each decision on conformity istaken by a person(s) different from those who carried out the evaluation ofconformity.L ISO/IEC Guide 654.6 CertificationConditions SpecifiedThe conditions for granting, maintaining and extending certification and the conditions under whichcertification may be suspended or withdrawn, partially or in total are specified in the conformityassessment process.B ISO/IEC Guide 654.7 RecordsManagementConformity assessment bodies establish and maintainprocedures to control all documents and data thatrelate to its functions. Records are identified, managed and disposed of in such a way as to protect theconfidentiality of conformity assessment related information.B ISO/IEC Guide 65 ISO/IEC 17011,17020, 17021,I170254.8 Dispute ResolutionProceduresConformity assessment bodies have documented policies and procedures for the resolution of complaints,appeals and disputes.B ISO/IEC Guide 65 ISO/IEC 17011,170214.9 Chain-of-CustodyProceduresThe conformity assessment bodies have effective traceability or chain-of-custody procedures where thisisnecessary to ensure qualified products meet the standardL4.10 Periodic Evaluationof Marked ProductsWhere a conformity assessment body authorizes the continuing use of its mark on products of a type whichhave been approved to carry the mark it periodically evaluates the marked products to confirm that theycontinue to conform to the standards.L ISO/IEC 170304.11 Content ofDeclarations ofConformityDeclarations of conformity contain at least information on the identity of the issuer of the declaration, theobject of the declaration, the standards or other specified requirements with which conformity is declared,and the person signing for and on behalf of the issuer of the declaration of conformity.B ISO/IEC 17050-14.12 Suitable Action forMisuseIncorrect, misleading, or unauthorized use of licenses, certificates, or conformity marks is dealt with bysuitable action (from the mark owner).B ISO/IEC Guide 65,170304.13 Quality Objectives Conformity assessment bodies define and document commitment to fulfilling quality objectives. B ISO/IEC Guide 654.14 Sufficient Personnel Conformity assessment bodies employ a sufficient number of personnel havingthe necessary education,training, technical knowledge and experience for performing conformity assessment functions.B ISO/IEC Guide 65 ISO/IEC 17011,17020 17021, 170254.15 Adequate Facilities& EquipmentConformity assessment bodies have available suitable and adequate facilities and equipment to permit allrequired activities to be carried out.B ISO/IEC Guide 654.16 Transparent Process Certification bodies provide public access to or disclosure of, appropriate and timely information about thecertification processes; including its rules and procedures for granting, maintaining, extending, suspendingand withdrawing certification.B ISO/IEC Guide 65 ISO/IEC 170214.17 Information on Fees General information on thefees charged to applicants is provided.B ISO/IEC Guide 654.18 Information onFinancial SupportPublic access to, or disclosure of, a description of the means by which the conformity assessment bodyobtains financial support is provided.L4.19 Information onScoringConformity assessment bodies make publicly available the scoring, credits and levels achieved by productswhich conform to the standard.LDRAFT GUIDELINES FOR PRODUCT ENVIRONMENTAL PERFORMANCE STANDARDS & ECOLABELS**# Guideline Name** **Guideline B/L** **Source of Guideline Other References** **Section IV : Guidelines for the Management of** **Ecolabel ing** **Program s** **1 3** 1 DocumentCommitment toQualityPrograms define and document their policy, objectives for, and commitment to quality. B ISO/IEC Guide652 EvaluateEffectivenessThe program evaluates the effectiveness of the standard in reducing environmental impacts. L3 Dispute ResolutionProcessThe program has a documented policy and procedure for the resolution of complaints, appeals anddisputes.B ISO/IEC Guide 65 ISO 170114 DiscloseStakeholdersStakeholders who are involved in the ongoing governance and/or operations of the program are disclosed. L5 Balance of Interests Formal rules and proceduresprovide for a balance of interests among stakeholders in program governance. L ISO/IEC Guide 656 Free from UnduePressuresPrograms ensure that management and personnel are free from any undue commercial, financial and otherpressures that could compromise the confidentiality, objectivity or impartiality of their operations anddecisions.B ISO/IEC Guide 65 NRDC7 Limit AdministrativeRequirementsAdministrative ecolabel program requirements are limited to those necessary to establish conformance andoperate the program.L ISO 140208 Information onFinancial SupportPublic access to, or disclosure of, a description of the means by which the conformity assessment bodyobtains financial support.L ISO 14024 ISO 140209 Information on Fees General information on the fees charged to applicants is provided.B ISO/IEC Guide 65, ISO14024ISO 1402010 Publicly AvailableCriteriaThe ecolabel's criteria and/or standard are publicly available.14B ISO/IEC Guide 65 ISO 14024; ISO14020; ISEAL Code;IAF11 Grant the Use ofthe MarkThe ecolabel program grants the use of the label, mark or declaration when the applicant and its productsmeet the administrative and technical requirementsfor the program.B ISO 1402412 Suitable Action forMisuseIncorrect, misleading, or unauthorized use of licenses, certificates, or conformity marks is dealt with bysuitable action (from the mark owner).B ISO 14024 ISO/IEC 1703013 Mutual Recognition Mutual recognition among ecolabels and standards is encouraged, and may includethe mutual recognitionof tests, inspections, conformity assessment, and administrative procedures and, where appropriate,product environmental criteria.L ISO 1402414 Publicly AvailableDirectoryThe program provides a publicly available directoryof labeled products and their suppliers. B ISO/IECGuide 65 ISO/IEC 17021; ISO1042415 Current Directory The directory of labeled products and their suppliers is kept current.B ISO/IEC Guide 65 ISO/IEC 1702116 SearchableDirectoryInformation in the directory of labeled products and their suppliers is provided in searchable format.L ISO 1402417 RegionalInformationThe program provides information on labeled products availability in regional markets. L ISO 1402018 Analyses of MarketUptakeThe program conducts periodic analyses of the uptake of the ecolabel in the marketplace and disclosestheresults.LNotes:1.IAF International Accreditation Forum:http://www.iaf.nu; IFAN International Federation of Standards Users:http://www.ifan.org; ISO:http://www.iso.org**;**ISEAL:http://www.isealalliance.org/code2.Transparency implies that information was availableto interested parties for inspection and comment where appropriate; and includes selection of productcategories;selection and development of product environmentalcriteria; and product function characteristics.3.While this baseline represents an acceptable levelof balance, additional steps have been taken by a number of standards development organizations to further ensure abalance of diverse interests (e.g., limiting numberof votes per organization, confirming accuracy ofaffiliations, actively recruiting additional members from otherstakeholder categories). Such proactive approachescould be recognized as leadership.4.According to the Office of Management and Budget (OMB) Circular A-119, consensus “is defined as general agreement, but not necessarily unanimity, and includes aprocess for attempting to resolve objections by interested parties, as long as all comments have beenfairly considered, each objector is advised of thedisposition of his orher objection(s) and the reasons why, and the consensus body members are given an opportunity to change their votes after reviewing the comments.”http://www.whitehouse.gov/omb/circulars_a119#4 Consensus is implemented by standards development organizations in many different ways. For example, somerequire75 percent approval of an action while others mightrequire 66 percent or 50 percent for the same action to be approved.5.A conflict exists when the terms of a standard areinconsistent or incompatible with the terms of theother standard to the extent that implementation ofone standardwould preclude proper implementation of the other.6.Life cycle stages of a product include sourcing ofraw materials, to manufacturing, packaging, transportation, distribution, retailing, use of the product, and management ofthe product when it is no longer needed (through reuse, repair, upgrading, recycling, or safe disposal). The Federal government recognizes that performing full lifecycleassessments (LCA) is challenging at this time due to cost, access to data, and uncertainties associated with the methodologies and tools. Therefore, thisguideline intends toencourage standards developer to use life cycle thinking as they develop criteria for products.7.When a standard does not address a significant or major environmental attribute (aka “hotspot”), standards developers are encouraged to explain its exclusion. The intentis to ensure clarity about the relevance of environmental attributes that may be included (or excluded) from the standard. Environmental attributes include, but are notlimited to, human and environmental toxicity, environmental fate, air pollution, climate change, stratospheric ozone depletion, natural resource depletion, and waterquality.8.Depending on the product and application, it may beappropriate to develop standards that address those significant attributes, and do not include other,less relevant,attributes or life cycle stages. However, if reliable evidence is available to meaningfully differentiate the performance of that product based on additional environmentalattributes of concern or lifecycle stages (e.g., packaging, energy use in manufacturing, etc.), standards for green products should consider addressing those attributes, aswell. Claims about products meeting environmental standards should be consistent with the standard's scope and avoid broad claims of environmental performance ifother factors were not considered when the standardwas developed (e.g. WaterSense is clearly about water, ENERGY STAR about energy, etc.).9.A hazard-based approach, grounded in Green Chemistry principles, can reduce the use of hazardous substances, and lower overall risk to people and the environment. Keyto this focus is an understanding of the potentialhazards of chemicals in products and availability of safer alternatives.10.The intent of this guideline is to encourage greater disclosure, while recognizing a number of challenges in doing so for manufacturers, including supplychain complexityand intellectual property confidentiality.11.Sound human health and environmental decisions regarding the manufacture, purchase, use, and disposalof products depend on reliable and accessible dataon the humanhealth and environmental impact of those products.The intent of this guideline is to encourage the appropriate and voluntary sharing of this information, when it isavailable, so that others may learn and benefit.12.If a standard does not have an associated second- or third-party conformity assessment program, or itis determined that a supplier’s declaration is sufficient for a particularproduct standard, then this category of Guidelineswould not be applicable.13.The Management of Ecolabeling Programs Guidelines would not apply to product environmental standards that are not associated with an ecolabel.14.Publicly available means generally available to allwithout restriction (other than a fee for purchasing the standard or similar such requirement).