[Federal Register Volume 80, Number 53 (Thursday, March 19, 2015)]
[Notices]
[Pages 14372-14374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06275]



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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2014-0838; FRL-9923-58]


Agency Information Collection Activities; Proposed Collection and 
Comment Request; Assessment of Environmental Performance Standards and 
Ecolabels for Federal Procurement

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this 
document announces that EPA is planning to submit an Information 
Collection Request (ICR) to the Office of Management and Budget (OMB). 
The ICR, entitled: Assessment of Environmental Performance Standards 
and Ecolabels for Federal Procurement, and identified by EPA ICR No. 
2516.01 and OMB Control No. 2070-new, represents a new request. Before 
submitting the ICR to OMB for review and approval under the PRA, EPA is 
soliciting comments on specific aspects of the proposed information 
collection that is summarized in this document. The ICR and 
accompanying material are available in the docket for public review and 
comment. EPA is also announcing the testing of draft guidelines and a 
pilot project on an assessment approach for recognizing product 
environmental performance standards and ecolabels for Federal 
procurement in the following three categories: Furniture, building 
flooring, and building paints/coatings/removers. An additional purchase 
category may be piloted, depending on available resources and other 
considerations. EPA is seeking comment on the criteria/qualifications 
that will be used for the selection of the multi-stakeholder panel 
members, who will refine the draft guidelines for specific sectors. In 
addition, EPA is seeking volunteer standards development organizations 
and ecolabel programs to be assessed per the draft guidelines.

DATES: Comments on multi-stakeholder panel member criteria/
qualifications must be received on or before April 20, 2015. 
Expressions of interest to participate in the pilot and comments on the 
ICR must be received on or before May 18, 2015.

ADDRESSES: Submit your expressions of interest to participate in the 
pilot and comments on the ICR and multi-stakeholder panel member 
criteria/qualifications, identified by docket identification (ID) 
number EPA-HQ-OPPT-2014-0838, by one of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
    <bullet> Mail: Document Control Office (7407M), Office of Pollution 
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001.
    <bullet> Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Julie Shannon, Chemistry, 
Economics, and Sustainable Strategies Division (7409M), Office of 
Pollution Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: 
(202) 564-8834; email address: <a href="/cdn-cgi/l/email-protection#5d2e353c333332337337283134381d382d3c733a322b"><span class="__cf_email__" data-cfemail="addec5ccc3c3c2c383c7d8c1c4c8edc8ddcc83cac2db">[email protected]</span></a>.
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: <a href="/cdn-cgi/l/email-protection#a0f4f3e3e18de8cfd4ccc9cec5e0c5d0c18ec7cfd6"><span class="__cf_email__" data-cfemail="86d2d5c5c7abcee9f2eaefe8e3c6e3f6e7a8e1e9f0">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Testing of Updated Draft Guidelines

    In the Federal Register of November 27, 2013 (78 FR 70938) (FRL-
9394-6), EPA issued for public comment draft guidelines for product 
environmental performance standards and ecolabels for voluntary use in 
Federal procurement. EPA's goal in developing these draft guidelines is 
to create a ``transparent, fair, and consistent approach to selecting 
product environmental performance standards and ecolabels to support 
the Agency's mission and federal sustainable acquisition mandates.'' 
The fundamental aim of the draft guidelines is to establish a cross-
sector framework to be used in recognizing non-governmental 
environmental standards (and consequently, environmentally preferable 
products meeting these standards) for use in Federal procurement.
    The draft guidelines include four sections:
    1. Guidelines for the process for developing standards refers to 
the procedures used to develop, maintain, and update an environmental 
standard.
    2. Guidelines for the environmental effectiveness of the standards 
refers to the criteria in the environmental standard or ecolabel that 
support the claim of environmental preferability.
    3. Guidelines for conformity assessment refers to the procedures 
and practices by which products are assessed for conformity to the 
requirements specified by standards and ecolabeling programs.
    4. Guidelines for Management of Ecolabeling Programs refers to the 
organizational and management practices of an ecolabeling program.
    EPA has responded to public comments and released a new version of 
the ``Guidelines for the Environmental Effectiveness of the Standards'' 
at http://www.epa.gov/draftGuidelines/responses.html. The majority of 
public comments supported EPA undertaking--with key external entity and 
stakeholder participation--additional work to further refine the draft 
guidelines and test a potential approach to assessing standards and 
ecolabels. Therefore, in this next phase of work, EPA is contracting 
with an entity to convene a coordinating Governance Committee, product 
category-specific multi-stakeholder panels, and independent assessment 
entity(ies) to develop and pilot test an approach in three product 
categories: Furniture, building flooring, and building paints/coatings/
removers. These sectors were chosen because they meet some or all of 
the following criteria:
    <bullet> Potentially significant environmental and/or human health 
impact (based on lifecycle assessments and hazard and risk 
assessments).
    <bullet> Opportunity for environmental and/or human health 
improvement through private sector standards/ecolabels.
    <bullet> Significant volume of Federal purchases.
    <bullet> Current Federal sustainable acquisition mandates in the 
category are limited, out-of-date, and/or could be augmented with 
private sector standards.
    An additional to-be-determined purchase category may be piloted, 
depending upon available resources and other considerations. In 
addition, due to significant interest, EPA will explore the potential 
for the draft guidelines to apply to service sector standards and 
ecolabels (e.g., services related to building maintenance, cafeterias, 
and professional consultants, among others). The potential pilot for 
this sector would not assess service sector standards; rather the 
analysis and

[[Page 14373]]

recommendations could potentially position the draft guidelines to 
accommodate such assessments in 2016 and beyond.

II. Opportunity To Participate in a Pilot

    Standards development organizations, ecolabel programs, and 
certification entities that have product environmental performance 
standards and/or ecolabels that cover one or more of the three product 
categories, and could be considered for use in Federal procurement per 
E.O. 13514, entitled: Federal Leadership in Environmental, Energy, and 
Economic Performance (74 FR 52117, October 8, 2009), the Federal 
Acquisition Regulation (FAR) (48 CFR 23.103), and Federal government 
standards policy, should consider submitting those standards and 
ecolabels for assessment as a part of the pilot project.
    Those standards and ecolabels assessed will provide information per 
product-category specific checklists (based on the draft guidelines), 
to be developed by multi-stakeholder panels, as described at http://www.epa.gov/epp/draftGuidelines/pilot.html. Each purchase category 
panel shall include a balanced group of relevant stakeholders in the 
environmental and human health performance standards and ecolabels 
space and ensure an objective, open, and consensus-driven process and 
credible results. The stakeholder types that may be represented on the 
multi-stakeholder panels include, but are not limited to:
    <bullet> Standards development organizations.
    <bullet> Ecolabel program managers/system owners.
    <bullet> Conformity assessment bodies.
    <bullet> Federal purchasers.
    <bullet> Other large institutional purchasers such as state 
governments or universities.
    <bullet> Manufacturers and/or vendors in the product categories 
targeted for assessment.
    <bullet> Professional societies, users groups, and industry 
consortia.
    <bullet> Research and development organizations and academia.
    <bullet> Non-governmental organizations widely respected for their 
work on public health, environmental protection, and sustainability 
issues.
    <bullet> Federal government agencies knowledgeable in conformity 
assessment.
    EPA is seeking input from the public regarding the multi-
stakeholder panel member criteria/qualifications. EPA proposed the 
following:
    <bullet> Knowledge of the environmental and/or human health impacts 
of the particular product category.
    <bullet> Experience working with diverse stakeholders towards 
consensus.
    <bullet> Familiarity with the draft Guidelines and Federal 
sustainable acquisition mandates.
    <bullet> Familiarity with standards development and conformity 
assessment approaches.
    <bullet> Ability to devote the necessary time to the panel 
(including one meeting and regular conference calls).
    <bullet> Willingness to sign a conflict of interest disclosure 
form.

III. Information Collection Request (ICR)

A. What comments are sought on the ICR?

    Pursuant to the PRA section 3506(c)(2)(A) (44 U.S.C. 
3506(c)(2)(A)), EPA specifically solicits comments and information to 
enable it to:
    1. Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the Agency, 
including whether the information will have practical utility.
    2. Evaluate the accuracy of the Agency's estimates of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used.
    3. Enhance the quality, utility, and clarity of the information to 
be collected.
    4. Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.
    In particular, EPA is requesting comments from very small 
businesses and non-profit organizations (those that employ less than 
25) on examples of specific additional efforts that EPA could make to 
reduce the paperwork burden for very small businesses and non-profit 
organizations affected by this collection.

B. What information collection activity or ICR does this apply to?

    Title: Assessment of Environmental Performance Standards and 
Ecolabels for Federal Procurement.
    ICR number: EPA ICR No. 2516.01.
    OMB control number: OMB Control No. 2070--New.
    ICR status: This ICR is for a new information collection activity. 
An Agency may not conduct or sponsor, and a person is not required to 
respond to, a collection of information, unless it displays a currently 
valid OMB control number. The OMB control numbers for EPA's regulations 
in title 40 of the Code of Federal Regulations (CFR), after appearing 
in the Federal Register when approved, are listed in 40 CFR part 9, are 
displayed either by publication in the Federal Register or by other 
appropriate means, such as on the related collection instrument or 
form, if applicable. The display of OMB control numbers for certain EPA 
regulations is consolidated in 40 CFR part 9.
    Abstract: EPA is engaging in this collection pursuant to the 
authority in the Pollution Prevention Act (42 U.S.C. 13103(b)(11)), 
which requires EPA to ``Identify opportunities to use Federal 
procurement to encourage source reduction'' and section 12(d) of the 
National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 
note), which requires Federal agencies to ``use technical standards 
that are developed or adopted by voluntary consensus standards bodies, 
using such technical standards as a means to carry out policy 
objectives or activities.'' Federal agencies need this assessment per 
the draft guidelines to determine which, among sometimes dozens of 
private sector standards within a single purchase category, are 
appropriate and effective in meeting Federal procurement goals and 
mandates.
    Federal agencies must comply with the following sustainability-
related purchasing mandates: Section 2(h) of E.O. 13514; section 6002 
of the Resource Conservation and Recovery Act (42 U.S.C. 6002); section 
9002 of the Farm Security and Rural Investment Act (7 U.S.C. 8102); the 
Energy Policy Act (42 U.S.C. 13201 et seq.); section 2(d) of E.O. 
13423, entitled: Strengthening Federal Environmental, Energy, and 
Transportation Management (72 FR 3919, January 26, 2007); and the FAR, 
including 48 CFR part 23, entitled: Environment, Energy and Water 
Efficiency, Renewable Energy Technologies, Occupational Safety, and 
Drug-Free Workplace (see http://www.whitehouse.gov/omb/procurement_index_green).
    Via NTTAA, Federal agencies are required to ``use technical 
standards that are developed or adopted by voluntary consensus 
standards bodies, using such technical standards as a means to carry 
out policy objectives or activities,'' except when an agency determines 
that such use ``is inconsistent with applicable law or otherwise 
impractical.'' OMB Circular A-119, entitled: Federal Participation in

[[Page 14374]]

the Development and Use of Voluntary Consensus Standards and in 
Conformity Assessment Activities, reaffirms Federal agency use of non-
governmental standards in procurement.
    While Federal purchasing policy is clear for the several standards 
and ecolabels that are listed in statute, regulation, or Executive 
Order, the lack of independently assessed information about and Federal 
guidance on using other product environmental performance standards and 
ecolabels often results in an inconsistent approach by Federal 
purchasers and confusion and uncertainty for vendors and manufacturers.
    Burden statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 8.5 
hours per response. Burden is defined in 5 CFR 1320.3(b).
    The ICR, which is available in the docket along with other related 
materials, provides a detailed explanation of the collection activities 
and the burden estimate that is only briefly summarized here:
    Respondents/Affected Entities: Entities potentially affected by 
this ICR are standards development organizations, ecolabeling programs, 
and environmental certification entities.
    Estimated total number of potential respondents: 20.
    Frequency of response: Once during 2015 pilot; and, a to-be-
determined frequency depending upon learnings from the pilot.
    Estimated total average number of responses for each respondent: 2.
    Estimated total annual burden hours: 340 hours.
    Estimated total annual costs: $24,711.20 for burden hours, and $0 
estimated costs for capital investment or maintenance and operational 
costs.

C. What is the next step in the process for this ICR?

    EPA will consider the comments received and amend the ICR as 
appropriate. The final ICR package will then be submitted to OMB for 
review and approval pursuant to 5 CFR 1320.12. EPA will issue another 
Federal Register document pursuant to 5 CFR 1320.5(a)(1)(iv) to 
announce the submission of the ICR to OMB and the opportunity to submit 
additional comments to OMB. If you have any questions about this ICR or 
the approval process, please contact the technical person listed under 
FOR FURTHER INFORMATION CONTACT.

    Authority: 44 U.S.C. 3501 et seq.

    Dated: March 11, 2015.
James Jones,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2015-06275 Filed 3-18-15; 8:45 am]
 BILLING CODE 6560-50-P


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