60976 Federal Register / Vol. 62, No. 219 / Thursday, November 13, 1997 / Notices

ENVIRONMENTAL PROTECTION

AGENCY

[SWH–FRL–5909–7]

Recovered Materials Advisory Notice II

AGENCY: Environmental Protection

Agency.

ACTION: Notice of Availability of Final

Document.

SUMMARY: The Environmental Protection

Agency is providing notice of the

availability of the final Recovered

Materials Advisory Notice II (RMAN II)

and supporting materials. The final

RMAN II contains EPA’s

recommendations for purchasing 12

items designated in the final

Comprehensive Procurement Guideline

II, which is published elsewhere in

today’s Federal Register. This action

will promote recycling by using

government purchasing to expand

markets for recovered materials. Under

section 6002 of the Resource

Conservation and Recovery Act of 1976,

EPA designates items that are or can be

made with recovered materials and

provides recommendations for the

procurement of these items. The 12

items for which EPA is making

recommendations are shower and

restroom dividers/partitions,

consolidated and reprocessed latex

paint for specified uses, parking stops,

channelizers, delineators, flexible

delineators, plastic fencing for specified

uses, garden and soaker hoses, lawn and

garden edging, printer ribbons, plastic

envelopes, and pallets. The final RMAN

II contains recommended recovered

materials content levels for these items

and other purchasing recommendations.

In addition, today’s final RMAN II

clarifies recommendations for floor tiles

previously made in a May 1, 1995

RMAN (60 FR 21392).

EFFECTIVE DATES: The recommendations

for purchasing the 12 newly-designated

items are effective November 13, 1998.

The clarifications to the

recommendations for purchasing floor

tiles are effective upon publication.

ADDRESSES: The public docket for this

notice is Docket F–97-CP2F-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. The public may copy a

maximum of 100 pages from any

regulatory docket at no charge.

Additional copies cost $0.15/page. The

index and some supporting materials

are available electronically. See Section

V of the ‘‘Supplementary Information’’

section below for information on

accessing the documents electronically.

FOR FURTHER INFORMATION CONTACT:

General procurement guidelines

information: RCRA Hotline at (800)

424–9346, TDD (800) 553-7672 (hearing

impaired) or, in the Washington, DC

area at (703) 412–9810 or TDD (703)

412-3323.

Technical information on individual

item recommendations: For paper and

paper products, vehicular products,

construction products, non-paper office

products, and pallets: Dana Arnold,

(703) 308–7279; for landscaping

products, transportation products, and

park and recreation products: Terry

Grist, (703) 308–7257.

SUPPLEMENTARY INFORMATION:

Preamble Outline

I. Authority

II. Background

III. Definitions

IV. Agency’s Response to Comments

A. Ink Jet Cartridges

B. Comments on Other Items

V. Supporting Information and Accessing

Internet

I. Authority

The Recovered Materials Advisory

Notice II (RMAN II) is published 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;

and Executive Order 12873 (58 FR

54911, October 22, 1993).

II. Background

Section 6002 of RCRA establishes a

Federal buy-recycled program. RCRA

section 6002(e) requires EPA to (1)

designate items that are or can be

produced with recovered materials and

(2) prepare guidelines to assist

procuring agencies in complying with

affirmative procurement requirements

set forth in paragraphs (c), (d), and (i) of

section 6002. Once EPA has designated

an item, section 6002 requires that any

procuring agency using appropriated

Federal funds to procure that item must

purchase it containing recovered

materials to the maximum extent

practicable. For the purposes of RCRA

section 6002, procuring agencies

include the following: (1) any Federal

agency; (2) any State or local agencies

using appropriated Federal funds for a

procurement; and (3) any contractors

with these agencies (with respect to

work performed under the contract).

The requirements of section 6002 apply

to such procuring agencies only when

procuring a designated item where the

price of the item exceeds $10,000 or

when the quantity of the item, or

functionally equivalent items,

purchased in the previous year

exceeded $10,000.

Executive Order 12873 (58 FR 54911,

October 22, 1993) directs EPA to

designate items in a Comprehensive

Procurement Guideline (CPG) and

publish guidance that contains EPA’s

recommended recovered materials

content levels for the designated items

in Recovered Materials Advisory

Notices (RMAN). The Executive Order

further directs EPA to update the CPG

annually and the RMAN periodically to

reflect changes in market conditions.

EPA codifies the CPG designations in

the Code of Federal Regulations (CFR),

but, because the recommendations are

guidance, the RMAN is not codified in

the CFR. This process enables EPA to

make timely revisions to its

recommendations in response to

changes in a product’s availability or

recovered materials content.

EPA issued the CPG I and RMAN I on

May 1, 1995 (60 FR 21370 and 21386,

respectively). CPG I designated 19 items

and consolidated five previous item

designations made in earlier EPA

procurement guidelines, and RMAN I

recommended purchasing practices for

these 24 items. On November 7, 1996,

EPA published CPG II (61 FR 57747),

which proposed to designate an

additional 13 items. EPA concurrently

published a draft RMAN II (61 FR

57759). The 13 items proposed for

designation were: shower and restroom

dividers, latex paint, parking stops,

channelizers, delineators, flexible

delineators, snow fencing, garden and

soaker hoses, lawn and garden edging,

printer ribbons, ink jet cartridges,

plastic envelopes, and pallets. The draft

RMAN II also provided clarification of

EPA’s 1995 recommendations for

purchasing floor tiles containing

recovered materials. In today’s final

RMAN II, EPA is publishing

recommendations for 12 of the 13 items,

as well as the floor tiles clarification.

For reasons discussed in subsection A

below, EPA has decided not to designate

ink jet cartridges and, therefore, is not

publishing draft recommendations for

purchasing this item.

EPA, once again, wants to stress that

the recommendations in its RMAN are

just that—recommendations and

guidance to procuring agencies in

fulfilling their obligations under section

6002. The designation of an item as one
Federal Register / Vol. 62, No. 219 / Thursday, November 13, 1997 / Notices 60977

that is or can be manufactured with

recovered materials and the inclusions

of recommended content levels for an

item in an RMAN do not compel the

procurement of an item when it is not

suitable for an agency’s intended

purpose. Section 6002 is explicit in this

regard when it authorizes a procuring

agency not to procure a designated item

which ‘‘fails to meet the performance

standards set forth in the applicable

specification or fails to meet the

reasonable performance standards of the

procuring agencies.’’ Section 6002(1)(B),

42 U.S.C. 6962(c)(B).

Thus, for example, in the final CPG II

published elsewhere in today’s Federal

Register, EPA is designating shower and

restroom dividers/partitions as items

that are or can be produced with

recovered materials. The Agency’s

research shows that these items are

available in either steel or plastic

containing recovered materials.

However, the mere fact that these items

are available containing recovered

materials does not require the

procurement of steel or plastic dividers/

partitions in every circumstance. The

choice of appropriate materials used in

construction remains with building

engineers and architects. The effect of

designation (and section 6002) is simply

to require the purchase of items with

recovered materials where consistent

with the purpose for which the item is

to be used. Procuring agencies remain

free to procure dividers/partitions made

of materials other than steel or plastic

(e.g., wood) where the design

specifications call for other materials.

III. Definitions

Today’s final RMAN II recommends

postconsumer or recovered materials

content levels at which EPA believes the

designated items are generally available.

For shower and restroom dividers/

partitions, plastic fencing, lawn and

garden edging, and plastic envelopes,

the RMAN II recommends two-part

content levels—a postconsumer

recovered materials component and a

total recovered materials component. In

these instances, EPA found that both

types of materials were being used to

manufacture these products.

Recommending only postconsumer

content levels would be contrary to the

RCRA mandate to maximize the use of

recovered materials because it would

fail to acknowledge the contribution to

solid waste management made by

manufacturers using other recovered

materials as feedstock. The terms

‘‘recovered materials’’ and

‘‘postconsumer materials’’ are defined

in the CPG at 40 CFR 247.3. These

definitions are repeated in this notice as

a reference for the convenience of the

reader.

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 such term

does not include those materials and

byproducts generated from, and commonly

used within an original manufacturing

process.

IV. Agency’s Response to Public

Comments

A. Ink Jet Cartridges

EPA received comments opposing the

proposed designation of ink jet

cartridges. These comments raised solid

waste, performance, quality,

availability, and patent and trademark

concerns. After considering the

information submitted by commenters,

EPA tentatively concluded that there

was insufficient evidence to support a

designation of ink jet cartridges at this

time. On April 14, 1997, EPA published

a Notice of Data Availability in the

Federal Register (62 FR 18072) in order

to notify interested parties of the

tentative decision not to designate ink

jet cartridges, summarize the

information available to the Agency,

and request further public comment.

EPA received only two responses to

the April 14 notice—one from a vendor

of ink jet refilling equipment and

additional information from one of the

original commenters. The vendor

appears to have promising technology

for resolving many of the performance

and solid waste issues raised by

commenters. The vendor did not,

however, submit sufficient information

to change EPA’s earlier conclusion that

there is insufficient information to

support designating ink jet cartridges at

this time. Therefore, EPA is not

designating ink jet cartridges in the final

CPG II published elsewhere in today’s

Federal Register. EPA also is deleting

the recommendations for purchasing ink

jet cartridges from today’s final RMAN

II. EPA will continue to monitor

developments in ink jet cartridge and

refilling/remanufacturing technology

and will consider designating ink jet

cartridges in the future.

B. Comments on Other Items

EPA received only a few comments on

the draft RMAN II. One commenter

recommended that EPA refer to shower

and restroom dividers as ‘‘dividers/

partitions.’’ After researching common

industry terminology, EPA revised the

term in the final CPG II and is using the

term ‘‘dividers/partitions’’ in today’s

final RMAN II.

Commenters also recommended

revisions to the recovered materials

content recommendations for steel

shower and restroom dividers, white

and other light-colored reprocessed

latex paints, and plastic pallets. Based

on the information provided by these

commenters and additional research,

EPA revised the recommendations for

these items in today’s final RMAN II.

EPA revised the steel content

recommendations, added content

recommendations for white and other

light-colored reprocessed latex paint,

and distinguished between plastic

lumber pallets and thermoset plastic

pallets in recommending content levels

for plastic pallets.

In addition, in the final CPG II

published in the final rules section of

today’s Federal Register, EPA revised

the latex paint designation from the

broad category ‘‘latex paint’’ to a more

specific designation of ‘‘consolidated

latex paint used for covering graffiti and

reprocessed latex paint used for interior

and exterior architectural applications

such as wallboard, ceilings, and trim;

gutter boards; and concrete, stucco,

masonry, wood, and metal surfaces.’’

Because the more specific designation

includes the applications that EPA

previously had recommended in the

draft RMAN II, EPA has deleted those

recommendations from Section C–7 of

the final RMAN II. EPA also added a

note to the table of recommended

content levels for reprocessed and

consolidated latex paint informing

agencies that the recommendations

applied to reprocessed and consolidated

latex paints used for the designated

applications.

Similarly, in today’s final CPG II, EPA

revised the snow fencing designation to

‘‘plastic fencing containing recovered

plastic for use in controlling snow or

sand drifting and as a warning/safety

barrier in construction or other

applications.’’ In the final RMAN II,

EPA added information about

specifications for plastic fencing used

for warning and safety barriers.

Commenters also provided additional

information about specifications and

available sources of the designated

products. These comments have been

incorporated into today’s final RMAN II.

A summary of all of the comments

and the Agency’s response are provided

in the document entitled ‘‘Final CPG II/

RMAN II Background Document.’’ A

copy of this document has been placed

in the docket for the final RMAN II. See

ADDRESSES above for information
60978 Federal Register / Vol. 62, No. 219 / Thursday, November 13, 1997 / Notices

about reviewing documents in the

public docket.

V. Supporting Information and

Accessing Internet

The index of supporting materials for

today’s final RMAN II 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 on the Internet:

‘‘Final CPG II/RMAN II Background

Document,’’ U.S. EPA, Office of Solid

Waste and Emergency Response,

September 1997.

Copies of the following supporting

materials are available for viewing at the

RIC only:

‘‘Ex Parte Meeting Notes, Meeting

Between U.S. Environmental Protection

Agency and National Paint & Coatings

Association, June 17, 1997.’’

‘‘Letter to Dana F. Arnold, U.S.

Environmental Protection Agency, from

National Paint & Coatings Association,

July 28, 1997.’’

Follow these instructions to access

the information electronically:

WWW: http://www.epa.gov/epaoswer/

non-hw/index.htm#ιprocure.

FTP: ftp.epa/gov

Login: anonymous

Password: your Internet address

Files are located in /pub/epaoswer.

Dated: October 8, 1997.

Carol M. Browner,

Administrator.

Recovered Materials Advisory Notice II

The following represents EPA’s

recommendations to procuring agencies

for purchasing the items designated

today in the Comprehensive

Procurement Guideline II in compliance

with section 6002 of the Resource

Conservation and Recovery Act (RCRA).

These recommendations are intended to

be used in conjunction with the RMAN

issued on May 1, 1995 (60 FR 21386)

and the Paper Products RMAN issued

on May 29, 1996 (61 FR 26985). Refer

to the May 1, 1995 RMAN for

definitions, general recommendations

for affirmative procurement programs,

and recommendations for previously

designated items.

Contents

I. General Recommendations

II. Specific Recommendations for

Procurement of Designated Items

Part C—Construction Products

Section C–5—Floor Tiles and Patio Blocks

Containing Recovered Plastic or Rubber

Section C–6—Shower and Restroom

Dividers/Partitions Containing

Recovered Plastic or Steel

Section C–7—Reprocessed and Consolidated

Latex Paints for Specified Uses

Part D—Transportation Products

Section D–2—Parking Stops Made from

Concrete or Containing Recovered Plastic

or Rubber

Section D–3—Channelizers, Delineators, and

Flexible Delineators Containing

Recovered Plastic, Rubber, or Steel

Part E—Park and Recreation Products

Section E–2—Plastic Fencing Containing

Recovered Plastic for Specified Uses

Part F—Landscaping Products

Section F–3—Garden and Soaker Hoses

Containing Recovered Plastic or Rubber

Section F–4—Lawn and Garden Edging

Containing Recovered Plastic or Rubber

Part G—Non-Paper Office Products

Section G–6—Printer Ribbons

Section G–7—Plastic Envelopes

Part H—Miscellaneous Products

Section H–1—Pallets Containing Recovered

Wood, Plastic, or Paperboard

I. General Recommendations

(See the May 1, 1995 RMAN for EPA’s

general recommendations for

definitions, specifications, and

affirmative procurement programs.)

II. Specific Recommendations for

Procurement of Designated Items

(See the May 1, 1995 RMAN and the

May 29, 1996 Paper Products RMAN for

recommendations for purchasing

previously-designated items.)

Part C—Construction Products

Note: Refer to Section E–2—Plastic Fencing

Containing Recovered Plastic for Specified

Uses and to Part F—Landscaping Products

for additional items that can be used in

construction applications.

Section C–5—Floor Tiles and Patio

Blocks Containing Recovered Plastic or

Rubber

Note: Table C–5 contains a clarification of

EPA’s recommendations for floor tiles. Table

C–5 originally was published in the May 1,

1995 RMAN and contained EPA’s

recommendations for patio blocks, as well as

recommendations for floor tiles. For the

convenience of procuring agencies and other

interested parties, EPA is republishing all of

Section C–5, including Table C–5, with both

the floor tiles and patio blocks

recommendations. Readers should note that

no change has been made to the

recommendations for patio blocks.

Preference Program: EPA

recommends that, based on the

recovered materials content levels

shown in Table C–5, procuring agencies

establish minimum content standards

for use in purchasing floor tiles and

patio blocks. The recommended use of

floor tiles containing recovered

materials is limited to the applications

cited in Table C–5.

TABLE C–5.—RECOMMENDED RECOVERED MATERIALS CONTENT LEVELS FOR FLOOR TILES AND PATIO BLOCKS

CONTAINING RECOVERED PLASTIC OR RUBBER

Product Material

Postconsumer

materials

(%)

Total recovered materials

content

(%)

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

NOTES: The use of floor tiles with recovered materials content may be appropriate only for specialty purpose uses (e.g., raised, open-web tiles

for drainage on school kitchen flooring). Such specialty purpose uses involve limited flooring areas where grease, tar, snow, ice, wetness or similar substances or conditions are likely to be present. Thus, EPA has no recovered materials content level recommendations for floor tiles made

with recovered materials for standard office or more general purpose uses.

The recommended recovered materials content levels are based on dry weight of the raw materials, exclusive of any additives such as adhesives, binders, or coloring agent. EPA’s recommendation does not preclude agencies from purchasing floor tiles or patio blocks manufactured

from other materials. It simply recommends that procuring agencies, when purchasing floor tiles or patio blocks made from rubber or plastic, purchase these items made from recovered materials when these items meet applicable specifications and performance requirements.
Federal Register / Vol. 62, No. 219 / Thursday, November 13, 1997 / Notices 60979

Section C–6—Shower and Restroom Dividers/Partitions Containing Recovered Plastic or Steel

Preference Program: EPA recommends that, based on the recovered materials content levels shown in Table C–

6, procuring agencies establish minimum content standards for use in purchasing shower and restroom dividers/partitions.

TABLE C–6.—RECOMMENDED RECOVERED MATERIALS CONTENT LEVELS FOR SHOWER AND RESTROOM DIVIDERS/

PARTITIONS CONTAINING RECOVERED PLASTIC OR STEEL

Material

Postconsumer

materials

(%)

Total recovered

materials content

(%)

Steel ............................................................................................................................................................. 16 20–30

Plastic ........................................................................................................................................................... 20–100 20–100

NOTE: EPA’s recommendation does not preclude agencies from purchasing shower and restroom dividers/partitions manufactured from another

material, such as wood. It simply recommends that procuring agencies, when purchasing shower and restroom dividers/partitions made from

plastic or steel, purchase these items made from recovered materials when these items meet applicable specifications and performance requirements.

Specifications: EPA recommends that procuring agencies use the following specifications when procuring shower

and restroom dividers/partitions:

(1) The American Institute of Architects (AIA) has issued guidance for specifying construction materials, including

plastic and steel dividers/partitions. The AIA guidance is known throughout the construction industry as the ‘‘Masterspec’’

and is available through the U.S. General Services Administration (GSA).

(2) U.S. Army Corps of Engineers’ Guide Specification CEGS–10160, Toilet Partitions.

Section C–7—Reprocessed and Consolidated Latex Paints for Specified Uses

Preference Program: EPA recommends that, based on the recovered materials content levels shown in Table C–

7, procuring agencies establish minimum content standards for use in purchasing reprocessed and consolidated latex

paints.

TABLE C–7.—RECOMMENDED RECOVERED MATERIALS CONTENT LEVELS FOR REPROCESSED AND CONSOLIDATED LATEX

PAINTS

Product Postconsumer

latex paint (%)

Reprocessed Latex Paint.

White, off-white, and pastel colors ...................................................................................................................................................... 20

Grey, brown, earthtones, and other dark colors .................................................................................................................................. 50–99

Consolidated latex paint ...................................................................................................................................................................... 100

NOTES: EPA’s recommendations apply to reprocessed latex paints used for interior and exterior architectural applications such as wallboard,

ceilings, and trim; gutter boards; and concrete, stucco, masonry, wood, and metal surfaces, and to consolidated latex paints used for covering

graffiti, where color and consistency of performance are not primary concerns.

EPA’s recommendation does not preclude agencies from purchasing paints manufactured from other, non-latex materials, such as oil-based

paints. It simply recommends that procuring agencies, when purchasing latex paints, purchase these items made from postconsumer recovered

materials when these items meet applicable specifications and performance requirements.

Reprocessed and consolidated latex paints are available to Federal agencies through the GSA Federal Supply Service

by ordering the following stock numbers:

National Stock

Numbers

Colors

FEDSTD 595B

Color No.

Semi-gloss

8010–01–380–2400 ......................................................................................................................................... Beige #27769

8010–01–380–2405 ......................................................................................................................................... Blue-gray #26420

8010–01–380–2438 ......................................................................................................................................... Sand-green #26307

8010–01–380–2382 ......................................................................................................................................... Sand-gray #26306

8010–01–380–2331 ......................................................................................................................................... Gray #26134

8010–01–380–2429 ......................................................................................................................................... Dark gray #26081

8010–01–380–2338 ......................................................................................................................................... Green #24491

8010–01–380–2379 ......................................................................................................................................... Sand #23690

8010–01–380–2332 ......................................................................................................................................... Tan #23617

8010–01–380–2417 ......................................................................................................................................... Tan #20372

8010–01–380–2353 ......................................................................................................................................... Sand-yellow #20318

8010–01–380–2363 ......................................................................................................................................... Dark brown #20140

8010–01–380–2447 ......................................................................................................................................... Red brown #20100

Flat

8010–01–380–3293 ......................................................................................................................................... White #37886

8010–01–380–2425 ......................................................................................................................................... Beige #37769
60980 Federal Register / Vol. 62, No. 219 / Thursday, November 13, 1997 / Notices

National Stock

Numbers

Colors

FEDSTD 595B

Color No.

8010–01–380–2442 ......................................................................................................................................... Blue-gray #36650

8010–01–380–2381 ......................................................................................................................................... Gray #36134

8010–01–380–2367 ......................................................................................................................................... Dark gray #36081

8010–01–380–2396 ......................................................................................................................................... Blue #35526

8010–01–380–2366 ......................................................................................................................................... Green #34491

8010–01–380–2421 ......................................................................................................................................... Sand #33690

8010–01–380–2351 ......................................................................................................................................... Tan #33617

8010–01–380–2416 ......................................................................................................................................... Dark brown #30140

The GSA Federal Supply Service has a free paint brochure available by calling 1–800–241–RAIN or FAX requests

to (206) 931–7544.

Specifications: (1) EPA recommends that procuring agencies use GSA specification TT–P–2846, Paint, Latex (Recycled

with Post-Consumer Waste). This specification applies to interior, exterior, and interior/exterior latex paints intended

for use on wallboard, concrete, stucco, masonry, and wood.

(2) GSA specification TT–P–2846 requires high content levels (50–90% postconsumer paint). EPA recommends that

procuring agencies refer to the requirements and quality assurance provisions in TT–P–2846 when purchasing reprocessed

latex paint containing lower levels of postconsumer paint (e.g., whites, off-whites, and pastel colors).

Part D—Transportation Products

Section D–2—Parking Stops Made from Concrete or Containing Recovered Plastic or Rubber

Preference Program: EPA recommends that, based on the recovered materials content levels shown in Table D–

2, procuring agencies establish minimum content standards for use in purchasing parking stops.

TABLE D–2.—RECOMMENDED RECOVERED MATERIALS CONTENT LEVELS FOR PARKING STOPS MADE FROM CONCRETE

OR CONTAINING RECOVERED PLASTIC OR RUBBER—Continued

Material Postconsumer

content (%)

Recovered materials

content (%)

Plastic and/or rubber ...................................................................................................................... 100 -----

Concrete containing coal fly ash .................................................................................................... ----- 20–40

Concrete containing GGBF slag .................................................................................................... ----- 25–70

NOTES: Parking stops made with recovered plastics may also include other recovered materials such as sawdust, wood, or fiberglass. The

percentage of these materials contained in the product would also count toward the recovered materials content level of the parking stops.

ASTM specification C595M–95 Standard Specification for Blended Hydraulic Cements specifies the appropriate mix design, including recovered materials content, for concrete containing coal fly ash and GGBF slag.

EPA’s recommendation does not preclude a procuring agency from purchasing parking stops manufactured from another material. It simply

requires that a procuring agency, when purchasing concrete parking stops or parking stops made with plastic or rubber, purchase these items

made with recovered materials when these items meet applicable specifications and performance requirements.

Section D–3—Channelizers, Delineators, and Flexible Delineators Containing Recovered Plastic, Rubber, or Steel

Preference Program: EPA recommends that, based on the recovered materials content levels shown in Table D–

3, procuring agencies establish minimum content standards for use in purchasing channelizers, delineators, and flexible

delineators.

TABLE D–3.—RECOMMENDED RECOVERED MATERIALS CONTENT LEVELS FOR CHANNELIZERS, DELINEATORS, AND

FLEXIBLE DELINEATORS CONTAINING RECOVERED PLASTIC, RUBBER, OR STEEL

Product Material Postconsumer

content (%)

Channelizers .................................................................. Plastic ............................................................................ 25–95

Rubber (base only) ....................................................... 100

Delineators ..................................................................... Plastic ............................................................................ 25–90

Rubber (base only) ....................................................... 100

Steel (base only) ........................................................... 25–50

Flexible delineators ........................................................ Plastic ............................................................................ 25–85

NOTE: EPA’s recommendation does not preclude a procuring agency from purchasing channelizers, delineators, or flexible delineators manufactured from another material. It simply requires that a procuring agency, when purchasing these items made from rubber, plastic, or steel,

purchase them made with recovered materials when these items meet applicable specifications and performance requirements.

Specifications: EPA recommends that procuring agencies use the following specifications when procuring channelizers,

delineators, and flexible delineators:

(1) The Federal Highway Administration’s Manual on Uniform Traffic Control Devices contains specifications for

the size, shape, mounting, and placement of temporary traffic control devices.

(2) The States of Florida and North Carolina have specifications that require the use of recovered materials in

their flexible delineators. The California Department of Transportation (CALTRANS) has specifications for ‘‘Drivable
Federal Register / Vol. 62, No. 219 / Thursday, November 13, 1997 / Notices 60981

Flexible Plastic Guide Marker and Clearance Marker Posts.’’ A copy of these specifications are available from the RCRA

Hotline at 1–800-424–9346.

Part E—Park and Recreation Products

Section E–2—Plastic Fencing Containing Recovered Plastic for Specified Uses

Preference Program: EPA recommends that, based on the recovered materials content levels shown in Table E–

2, procuring agencies establish minimum content standards for use in purchasing plastic fencing for use in controlling

snow or sand drifting and as a warning/safety barrier in construction or other applications.

TABLE E–2.—RECOMMENDED RECOVERED MATERIALS CONTENT LEVELS FOR FENCING CONTAINING RECOVERED PLASTIC

Material Postconsumer

content (%)

Total recovered materials

content (%)

Plastic ....................................................................................................................................................................... 60–100 90–100

NOTE: EPA’s recommendation does not preclude a procuring agency from purchasing fencing manufactured from another material, such as

wood. It simply requires that a procuring agency, when purchasing plastic fencing, purchase this item made with recovered materials when this

item meets applicable specifications and performance requirements.

Specifications: The State of New York developed a specification for orange-colored plastic fencing used for snow

barriers, warning barriers, and safety barriers, but discontinued its use because the state did not purchase enough

fencing to warrant maintaining the specification. Height varied, depending on application, from four to six feet. Weight

varied from 17 pounds per 100 foot section for warning barriers to 48 pounds per 100 foot section for snow fencing

to 66 pounds per 100 foot section for six-foot safety barrier fencing. The New York specification also addressed mesh

size, porosity, service temperature range, and strength for each application. A copy of this specification is available

from the RCRA Hotline by calling 1–800–424–9346.

Part F—Landscaping Products

Section F–3—Garden and Soaker Hoses Containing Recovered Plastic or Rubber

Preference Program: EPA recommends that, based on the recovered materials content levels shown in Table F–

3, procuring agencies establish minimum content standards for use in purchasing garden and soaker hoses.

TABLE F–3.—RECOMMENDED RECOVERED MATERIALS CONTENT LEVELS FOR GARDEN AND SOAKER HOSES CONTAINING

RECOVERED PLASTIC OR RUBBER

Product Material Postconsumer

content (%)

Garden hose .................................................................. Rubber and/or plastic .................................................... 60–65

Soaker hose ................................................................... Rubber and/or plastic .................................................... 60–70

NOTES: EPA’s recommendation does not preclude a procuring agency from purchasing garden and soaker hoses manufactured from another

material. It simply requires that a procuring agency, when purchasing garden and soaker hoses made from plastic or rubber, purchase these

items made with recovered materials when these items meet applicable specifications and performance requirements.

The Green Seal specification for watering hoses includes a 50 percent postconsumer content level. However, all companies from which EPA

obtained information manufacture garden and/or soaker hoses with at least 60 percent postconsumer content.

Specifications: EPA recommends that procuring agencies use the following specifications when procuring garden

and soaker hoses:

(1) ASTM D3901 Consumer Specification for Garden Hose. The specification addresses physical and performance

characteristics (pressure, tensile, and ripping strength tests) and states that the material components are to be agreed

upon by the purchaser and seller.

(2) Green Seal GC–2: Watering Hoses. The standard calls for the use of 50 percent postconsumer rubber material

in garden hoses and 65 percent postconsumer rubber material in soaker hoses. EPA recommends that, when purchasing

garden hoses, procuring agencies reference the technical requirements of this specification but set a higher content

standard. Section F–4—Lawn and Garden Edging Containing Recovered Plastic or Rubber

Preference Program: EPA recommends that, based on the recovered materials content levels shown in Table F–

4, procuring agencies establish minimum content standards for use in purchasing lawn and garden edging.

TABLE F–4.—RECOMMENDED RECOVERED MATERIALS CONTENT LEVELS FOR LAWN AND GARDEN EDGING CONTAINING

RECOVERED PLASTIC OR RUBBER

Material Postconsumer

content (%)

Total recovered

materials content (%)

Plastic and/or rubber ...................................................................................................................... 30–100 30–100

NOTES: EPA’s recommendation does not preclude a procuring agency from purchasing lawn and garden edging manufactured from another

material, such as wood. It simply requires that a procuring agency, when purchasing lawn and garden edging made from plastic and/or rubber,

purchase these items made with recovered materials when these items meet applicable specifications and performance requirements.
60982 Federal Register / Vol. 62, No. 219 / Thursday, November 13, 1997 / Notices

Part G—Non-Paper Office Products

Section G–6—Printer Ribbons

Preference Program: Minimum content standards are not appropriate for remanufactured items, such as printer ribbons,

because a core part of the item is reused in the new product, even though certain components of a printer ribbon

may contain recovered materials. In lieu of content standards, EPA recommends that procuring agencies adopt one

or both of the following approaches: (1) procure printer ribbon reinking or reloading services or (2) procure reinked

or reloaded printer ribbons. EPA further recommends that procuring agencies establish policies that give priority to

reinking or reloading their expended printer ribbons. If reinking and reloading services are unavailable, procuring agencies

should attempt to purchase reinked or reloaded printer ribbons. GSA offers remanufactured printer ribbons on the

New Item Introductory Schedule (NIIS).

Specifications: The State of Alabama has a specification for reinked ribbons which requires the ribbons to be vacuum

cleaned, reinked, and rewound to proper tension. A copy of this specification is available from the RCRA Hotline

at 1–800–424–9346.

Section G–7—Plastic Envelopes

Preference Program: EPA recommends that, based on the recovered materials content levels shown in Table G–

7, procuring agencies establish minimum content standards for use in purchasing plastic envelopes.

TABLE G–7.—RECOMMENDED RECOVERED MATERIALS CONTENT LEVELS FOR PLASTIC ENVELOPES

Material Postconsumer content (%)

Total recovered

materials content

(%)

Plastic ..................................................................................................................................... 25 25–35

NOTE: EPA’s recommendation does not preclude a procuring agency from purchasing envelopes manufactured from another material, such

as paper. It simply requires that a procuring agency, when purchasing envelopes made from plastic, purchase these items made with recovered materials when these items meet applicable specifications and performance requirements. Procuring agencies should note, however, that

paper envelopes fall within the scope of EPA’s previous designation of paper and paper products. EPA issued postconsumer and recovered

materials content recommendations for paper products, including envelopes, in the Paper Products RMAN, which was issued in the FEDERAL

REGISTER on May 29, 1996 at 61 FR 26985. A copy of the Paper Products RMAN is available from the RCRA Hotline at 1–800–424–9346 and

electronically via EPA’s Public Access Server at http://www.epa.gov/fedrgstr/search.htm.

Specifications: (1) GSA, the Government Printing Office (GPO), and the U.S. Postal Service (USPS) all currently

purchase plastic envelopes made from Tyvek containing recovered HDPE. GSA specifies ‘‘DuPont Tyvek or equal.’’

USPS requires ‘‘DuPont Tyvek.’’ GPO requires ‘‘white spunbonded polyethylene with the characteristics of DuPont’s

product no. 1073;’’ the title of the solicitation, however, states ‘‘Tyvek envelopes or similar.’’

(2) The Navy requests that plastic envelopes not be sent to ships in order to minimize onboard disposal of plastic.

Part H—Miscellaneous Products

Section H–1—Pallets Containing Recovered Wood, Plastic, or Paperboard

Preference Program: EPA recommends that, based on the recovered materials content levels shown in Table H–

1, procuring agencies establish minimum content standards for use in purchasing pallets.

TABLE H–1.—RECOMMENDED RECOVERED MATERIALS CONTENT LEVELS FOR PALLETS CONTAINING RECOVERED WOOD,

PLASTIC, OR PAPERBOARD

Product Material Postconsumer

content (%)

Wooden pallets .............................................................. Wood ............................................................................. 95–100

Plastic pallets:

Plastic lumber ......................................................... Plastic ............................................................................ 100

Thermoformed ......................................................... Plastic ............................................................................ 25–50

Paperboard pallets ......................................................... Paperboard ................................................................... 50

NOTE: EPA’s recommendation does not preclude a procuring agency from purchasing pallets manufactured from another material. It simply

requires that a procuring agency, when purchasing pallets made from wood, plastic, or paperboard, purchase these items made with recovered

materials when these items meet applicable specifications and performance requirements.

Specifications: EPA recommends that procuring agencies use the following specifications when procuring pallets:

(1) The Grocery Manufacturers of America issued a widely used standard for 48 by 40-inch stringer pallets known

as the ‘‘GMA spec.’’ A copy of this specification is available from the RCRA Hotline at 1–800–424–9346.

(2) The National Wooden Pallet and Container Association is developing a standard through the American National

Standards Institute (ANSI) for repairable 48 by 40-inch lumber-deck pallets. Contact NWPCA at (703) 527–7667 for

current information about the availability of this standard.

(3) U.S. Postal Service specification USPS–P–1108, ‘‘Pallet, Nestable, Plastic, Thermoformed (Item No. 3919B)’’ is

for thermoformed HDPE pallets. A copy of the current version, USPS–P–1108E, is available from the RCRA Hotline

at 1–800–424–9346.

[FR Doc. 97–29733 Filed 11–12–97; 8:45 am]

BILLING CODE 6560–50–P