21386 Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Notices

ENVIRONMENTAL PROTECTION

AGENCY

[SWH–FRL–5198–8]

Recovered Materials Advisory Notice

AGENCY: Environmental Protection

Agency.

ACTION: Notice of availability of final

document.

SUMMARY: On April 20, 1994, the

Environmental Protection Agency

issued a notice of the availability of the

draft Recovered Materials Advisory

Notice (RMAN). The draft RMAN

included EPA’s recommendations for

purchasing items that are or can be

produced with recovered materials that

were proposed for designation under the

Federal government’s recycled content

products preference program (see 59 FR

18892). Today, EPA is providing notice

that a final Recovered Materials

Advisory Notice and supporting

materials are available. This action will

promote recycling by using government

purchasing to expand markets for

recovered materials. Section 6002 of the

Resource Conservation and Recovery

Act requires EPA to designate items that

are or can be made with recovered

materials and provide recommendations

for the procurement of these items. EPA

previously designated five items and

combined the designations and

recommendations in item-specific

procurement guidelines.

Executive Order 12873, ‘‘Federal

Acquisition, Recycling, and Waste

Prevention,’’ directs EPA to change the

process for designating items and

providing recommendations. EPA now

is to designate procurement items in a

Comprehensive Procurement Guideline

and to provide recommendations in

related Recovered Materials Advisory

Notices. Elsewhere in today’s Federal

Register, EPA is finalizing its first

Comprehensive Procurement Guideline

(CPG). The CPG designates 19 new

items for which this Recovered

Materials Advisory Notice provides

recommended recovered materials

content levels. These recommendations

are organized within the following

product categories: paper and paper

products, vehicular products,

construction products, transportation

products, park and recreation products,

landscaping products, and non-paper

office products.

EFFECTIVE DATE: May 1, 1996.

ADDRESSES: The public docket for this

notice is Docket No. F–95–PRMFFFFFF, located in Room M2616 of the

RCRA Information Center (RIC)—Mail

Code 5305, U.S. EPA, 401 M Street,

SW., Washington, DC 20460. The RIC is

open from 9:00 am to 4:00 pm, Monday

through Friday, excluding Federal

holidays. To review docket materials,

the public must make an appointment

by calling (202) 260–9327. Materials

may be copied for $0.15 per page.

FOR FURTHER INFORMATION: ‘‘RMAN for

Items Designated in the Comprehensive

Procurement Guideline—Supporting

Analyses’’ is the primary supporting

document for the final Recovered

Materials Advisory Notice (RMAN).

Both the Federal Register notice and the

supporting document will be available

in electronic format on the Internet

System through the EPA Public Access

Server at gopher.epa.gov. For a paper

copy of the Federal Register notice or

‘‘RMAN for Items Designated in the

Comprehensive Procurement

Guideline—Supporting Analyses,’’

please contact the RCRA Hotline at

(800) 424–9346, or, in the Washington,

DC metropolitan area, (703) 412–9810.

Paper copies are also available in the

RCRA Docket at the address listed in the

previous section.

For technical information regarding

today’s recommendations for the

following individual items, contact the

referenced EPA staff: Building

insulation and engine coolant—Tracy

Bone (703) 308–7259; cement and

concrete containing GGBF slag and

hydraulic mulch—Dana Arnold, (703)

308–7279; carpet, floor tiles and patio

blocks, playground surfaces and

running tracks, yard trimmings

compost, and temporary traffic control

devices—Terry Grist, (703) 308–7257;

structural fiberboard, laminated

paperboard, and non-paper office

products—Beverly Goldblatt, (703)

308–7278. For all other technical

information, contact Beverly Goldblatt,

(703) 308–7278, or Terry Grist (703)

308–7257.

Accessing Internet

1. Through Gopher: Go to:

gopher.epa.gov

From the main menu, choose ‘‘EPA

Offices and Regions’’. Next, choose

‘‘Office of Solid Waste and Emergency

Response (OSWER)’’. Next, choose

‘‘Office of Solid Waste’’. Then, choose

‘‘Non-Hazardous Waste—RCRA Subtitle

D’’. Finally, choose ‘‘Procurement/

RMAN’’.

2. Through FTP: Go to: ftp.epa.gov

Login: anonymous

Password: Your Internet Address

Files are located in directories/pub/

gopher. All OSW files are in directories

beginning with ‘‘OSW’’.

3. Through MOSAIC: Go to: http://

www.epa.gov

Choose the EPA Public Access

Gopher. From the main (Gopher) menu,

choose ‘‘EPA Offices and Regions’’.

Next, choose ‘‘Office of Solid Waste and

Emergency Response (OSWER).’’ Next,

choose ‘‘Office of Solid Waste’’. Then,

choose ‘‘Non-Hazardous Waste—RCRA

Subtitle D’’. Finally, choose

‘‘Procurement/RMAN’’.

4. Through dial-up access:

Dial 919–558–0335. Choose EPA

Public Access Gopher. From the main

(Gopher) menu, choose ‘‘EPA Offices

and Regions’’. Next, choose ‘‘Office of

Solid Waste and Emergency Response

(OSWER)’’. Next, choose ‘‘Office of

Solid Waste’’. Then, choose ‘‘NonHazardous Waste—RCRA Subtitle D’’.

Finally, choose ‘‘Procurement/RMAN’’.

SUPPLEMENTARY INFORMATION:

I. Authority

Today’s Recovered Materials

Advisory Notice 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, as amended,

42 U.S.C. 6912(a) and 6962, and

Executive Order 12873 (58 FR 54911,

October 22, 1993).

II. Agency’s Response to Public

Comments

EPA received a number of comments

on the draft RMAN published on April

20, 1994 (see 59 FR 18892–18914). The

vast majority of these comments were

specific to the recovered materials

content levels recommended in the

RMAN for each designated item. EPA

carefully considered all of the

comments on the draft RMAN in

developing the final recommendations

included in today’s notice. A summary

of all comments received and the

Agency’s response to these comments

are provided in the document entitled

‘‘RMAN for Items Designated in the

Comprehensive Procurement

Guideline—Supporting Analyses.’’ This

document also provides discussions of

any changes EPA made to the April

1994 draft recommendations.

III. Consolidation of New and Existing

Recommendations

In the Comprehensive Procurement

Guideline, which is found in the rules

section of today’s Federal Register, EPA

is promulgating a final rule designating

19 items which are or can be made with

recovered materials. The Recovered

Materials Advisory Notice published

here contains EPA’s final recovered
Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Notices 21387

materials content level

recommendations for purchasing these

19 items.

Prior to 1993, EPA combined item

designations and related purchasing

recommendations in one Federal

Register notice and codified both the

designations and recommendations in

the Code of Federal Regulations. As

required by Executive Order 12873,

‘‘Federal Acquisition, Recycling, and

Waste Prevention,’’ (58 FR 54911,

October 22, 1993), EPA is using a new

procedure for designating items and for

providing purchasing recommendations

for those items. While the designations

will be codified in the Code of Federal

Regulations, the recommendations will

be available in guidance documents

known as Recovered Materials Advisory

Notices. In the draft RMAN (59 FR

18893), EPA established a framework for

consolidating the recommendations for

newly-designated items with the

existing recommendations for paper and

paper products, re-refined lubricating

oil, retread tires, building insulation

products, and cement and concrete

containing coal fly ash. EPA stated that

the RMAN would incorporate the thencurrent recommendations (see 59 FR

18893, April 20, 1994). Thus, the RMAN

appended to this notice contains both

recommendations for the 19 new items

and recommendations consolidated

from the five existing procurement

guidelines. These consolidated

recommendations replace the

recommendations in the existing

guidelines.

On March 15, 1995, EPA published a

Federal Register notice of the

availability of a draft Paper Products

Recovered Materials Advisory Notice

(60 FR 14182). When final, the

recommendations in the Paper Products

RMAN will replace the

recommendations found in Part II.A of

today’s RMAN.

Dated: April 21, 1995.

Carol M. Browner,

Administrator.

Recovered Materials Advisory Notice

The following represents EPA’s

recommendations to procuring agencies

for purchasing the items designated in

the Comprehensive Procurement

Guideline (CPG) in compliance with

section 6002 of the Resource

Conservation and Recovery Act (RCRA).

Contents

I. General Recommendations

Part A—Definitions

Part B—Specifications

Part C—Affirmative Procurement Programs

II. Specific Recommendations for

Procurement of Designated Items

Part A—Paper and Paper Products

Part B—Vehicular Products

Section B–1—Lubricating Oil.

Section B–2—Retread Tires.

Section B–3—Engine Coolants.

Part C—Construction Products

Section C–1—Building Insulation.

Section C–2—Structural Fiberboard and

Laminated Paperboard.

Section C–3—Cement and Concrete.

Section C–4—Carpet.

Section C–5—Floor Tiles and Patio Blocks.

Part D—Transportation Products

Section D–1—Temporary Traffic Control

Devices.

Part E—Park and Recreation Products

Section E–1—Playground Surfaces and

Running Tracks.

Part F—Landscaping Products

Section F–1—Hydraulic Mulch.

Section F–2—Yard Trimmings Compost.

Part G—Non-Paper Office Products

Section G–1—Office Recycling Containers

and Office Waste Receptacles.

Section G–2—Plastic Desktop Accessories.

Section G–3—Toner Cartridges.

Section G–4—Binders.

Section G–5—Plastic Trash Bags.

Part H—Miscellaneous Products [Reserved]

I. General Recommendations

Part A—Definitions

As used in this Recovered Materials

Advisory Notice:

Act or RCRA means the Solid Waste

Disposal Act, as amended by the

Resource Conservation and Recovery

Act, as amended, 42 U.S.C 6901 et seq;

Federal agency means any

department, agency, or other

instrumentality of the Federal

government; any independent agency or

establishment of the Federal

government including any government

corporation; and the Government

Printing Office;

Person means an individual, trust,

firm, joint stock company, corporation

(including a government corporation),

partnership, association, Federal

agency, State, municipality,

commission, political subdivision of a

State, or any interstate body;

Postconsumer material means a

material or finished product that has

served its intended use and has been

diverted or recovered from waste

destined for disposal, having completed

its life as a consumer item.

Postconsumer material is a part of the

broader category of recovered materials.

Postconsumer recovered materials, for

purposes of purchasing paper and paper

products, is a subset of the broader term

recovered materials, as defined in RCRA

section 6002(h), and means:

(1) Paper, paperboard and fibrous

wastes from retail stores, office

buildings, homes and so forth, after they

have passed through their end-usage as

a consumer item including: Used

corrugated boxes; old newspapers; old

magazines; mixed waste paper;

tabulating cards and used cordage; and

(2) All paper, paperboard and fibrous

wastes that enter and are collected from

municipal solid waste;

Procuring agency means any Federal

agency, or any State agency or agency of

a political subdivision of a State, which

is using appropriated Federal funds for

such procurement, or any person

contracting with any such agency with

respect to work performed under such

contract;

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 reused

within, an original manufacturing

process;

Part B—Specifications

EPA recommends that Federal

agencies review and revise their product

specifications with a view to

eliminating unnecessary stringency as

well as requirements which bear no

relation to function in order to allow for

the use of recovered materials.

Specifications that bear no relation to

function should be revised according to

the agency’s established specifications

review procedures. EPA further

recommends that, in reviewing an

existing specification’s provisions

pertaining to function, Federal agencies

refer to existing voluntary standards and

research by organizations such as the

American Society for Testing and

Materials (ASTM), the American

Association of State Highway and

Transportation Officials (AASHTO), the

Technical Association of the Pulp and

Paper Industry (TAPPI), and the

American Institute of Paper Chemistry.

Federal agencies that reference

Commercial Item Descriptions (CIDs) or

appropriate industry standards should

continue to reference them when

purchasing designated items. However,

agencies should review or modify CIDs

and industry standards, as appropriate,

to be certain that the use of recovered

materials is allowed.

Under RCRA section 6002, Federal

agencies need not revise specifications

to allow or require the use of recovered

materials if it can be determined that for

technical reasons, for a particular end

use, a product containing such materials

will not meet reasonable performance

standards. EPA recommends that

Federal agencies document such

determinations and that the

determination be based on technical

performance information (including any

product testing) pertaining to a specific
21388 Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Notices

item or application. EPA further

recommends that Federal agencies

reference such documentation in the

contract files for subsequent

procurements of the specific item.

In most cases, for the items designated

in the CPG, EPA has recovered materials

content levels for specific types or

grades of items or for certain

applications. EPA notes, however, that

the intent is not to preclude Federal

agencies from procuring other types or

grades of items, or from using recovered

materials content items for other

applications. On the contrary, if a new

type or grade of a designated item

becomes available containing recovered

materials or if a Federal agency

discovers a new application for which

recovered materials content is

appropriate, EPA encourages the agency

to revise its specifications or develop

new specifications to allow the use of

recovered materials in that type or grade

of item or that specific application.

Part C—Affirmative Procurement

Programs

EPA recommends that the

Environmental Executive within each

major procuring agency take the lead in

developing the agency’s affirmative

procurement program and in

implementing the recommendations set

forth in this RMAN. The basic

responsibilities of an Agency

Environmental Executive are described

in sections 302 and 402 of Executive

Order 12873, ‘‘Federal Acquisition,

Recycling, and Waste Prevention,’’ (58

FR 54911, October 22, 1993). In the

absence of such an individual, EPA

recommends that the head of the

implementing agency appoint an

individual who will be responsible for

ensuring the agency’s compliance with

RCRA section 6002 and Executive Order

12873.

RCRA section 6002 and Executive

Order 12873 require procuring agencies

to establish affirmative procurement

programs for each EPA-designated item.

EPA recommends that each agency

develop a single, comprehensive

affirmative procurement program with a

structure that allows for the integration

of new items as they are designated.

Consistent with Executive Order 12873,

EPA encourages agencies to implement

preference programs for non-guideline

items as well, in order to maximize their

purchases of recycled content products

and foster markets for recovered

materials.

Preference Program: In Section II of

this RMAN, EPA provides specific

recommendations for procuring

agencies to use when purchasing the

EPA-designated items. For most of these

items, EPA recommends that procuring

agencies establish minimum content

standards based on EPA’s recommended

recovered materials content levels and

the procuring agencies’ own research.

For other items, the use of minimum

content standards is inappropriate, and

procuring agencies should establish an

alternative program, as recommended

by EPA.

In addition, EPA recommends that

procuring agencies review their

procurement practices and eliminate

those that would inhibit or preclude the

use of an item containing recovered

materials. Specific examples of such

procurement practices are provided in

the item-specific recommendations,

where appropriate.

Promotion Program: EPA

recommends that procuring agencies

include both internal and external

promotion in their affirmative

procurement programs.

There are several methods that

procuring agencies can use to educate

their employees about their affirmative

procurement programs. These methods

include preparing and distributing

agency affirmative procurement

policies, publishing articles in agency

newsletters and publications, including

affirmative procurement program

requirements in agency staff manuals,

and conducting workshops and training

sessions to educate employees about

their responsibilities under agency

affirmative procurement programs.

Methods for educating existing

contractors and potential bidders

regarding an agency’s preference for

purchasing products containing

recovered materials include publishing

articles in appropriate trade

publications, participating in vendor

shows and trade fairs, placing

statements in solicitations, and

discussing an agency’s affirmative

procurement program at bidders’

conferences.

Monitoring: EPA recommends that

procuring agencies monitor their

affirmative procurement programs, in

accordance with RCRA section

6002(i)(2)(D) and Executive Order

12873, to ensure that they are fulfilling

their requirements to purchase items

composed of recovered materials to the

maximum extent practicable. EPA

anticipates that the Federal

Environmental Executive and the Office

of Federal Procurement Policy will

request information from Federal

agencies on their affirmative

procurement practices. Therefore, EPA

recommends that Federal procuring

agencies maintain adequate records of

procurements that may be affected by

the Executive Order and RCRA

requirements.

EPA recommends that procuring

agencies track their purchases of

products containing recovered materials

to establish benchmarks from which

progress can be assessed. To maintain

adequate records on procurement of

products containing recovered

materials, EPA recommends that

procuring agencies choose to collect

data on the following:

• The minimum percentages of

recovered materials content in the items

procured or offered;

• Comparative price information on

competitive procurements;

• The quantity of each item procured

over a fiscal year;

• The availability of each item with

recovered materials content; and

• Performance information related to

recovered materials content of an item.

EPA recognizes that a procuring

agency may be unable to obtain accurate

data for all designated items. However,

the Agency believes that in many cases,

estimated data will suffice in

determining the effectiveness of the

agency’s affirmative procurement

program.

Certification: Certification of the

recovered materials content in products

is an important mechanism for

encouraging the use of recovered

materials in finished products. Because

each product will be different, EPA

recommends that procuring agencies

discuss certification with product

vendors to ascertain the appropriate

period for certifying recovered materials

content. EPA recommends that,

whenever feasible, the recovered

materials content of a product be

certified on a batch-by-batch basis or as

an average over a calendar quarter or

some other appropriate averaging period

as determined by the procuring

agencies.

II. Specific Recommendations for

Procurement of Designated Items

Part A—Paper and Paper Products

Following are the preference program

and specifications recommendations

from the previous procurement

guideline (formerly found at 40 CFR

part 250) and a subsequent Procurement

Guidelines Advisory issued by EPA on

November 20, 1990. On March 15, 1995,

EPA issued a draft Paper Products

Recovered Materials Advisory Notice

(RMAN) in the Federal Register (see 60

FR 14182) which contains draft

revisions to the Agency’s

recommendations for paper products.

When EPA issues final

recommendations for paper and paper
Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Notices 21389

products, procuring agencies should

substitute them for the

recommendations found in this section

of the RMAN.

Preference program. EPA

recommends that procuring agencies set

their minimum content levels at the

highest levels that meet the statutory

requirements of RCRA section

6002(c)(1), but no lower than the levels

shown in Table A–1.

TABLE A–1.—EPA RECOMMENDED MINIMUM CONTENT STANDARDS OF SELECTED PAPERS AND PAPER PRODUCTS

Minimum percentage of recovered materials

Minimum percentage of recovered

postconsumer

recovered materials

Minimum percentage of

waste paper 1

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 .......................

1Waste paper is defined in 40 CFR 247 (old 40 CFR 250) and refers to specified postconsumer and other recovered materials.

Part B—Vehicular Products

Section B–1—Lubricating Oil

Preference Program. EPA

recommends that procuring agencies set

their minimum re-refined oil content

standard at the highest level of rerefined oil that they determine meets

the statutory requirements of RCRA

section 6002(c)(1), but no lower than 25

percent re-refined oil.

EPA recommends that procuring

agencies review their procurement

practices and eliminate those which

would inhibit or preclude procurement

of lubricating oils containing re-refined

oil. For example, procuring agencies

should review the practices of inviting

bids and issuing contracts to do the

following:

(1) Supply a broad range of

lubricating oil products on an ‘‘all or

none’’ basis.

(2) Supply lubricating oils for an

excessively long period of time.

(3) Deliver lubricating oils to

geographic locations throughout the

United States or to an excessively broad

geographic area.

(4) Supply excessively large contract

quantities.

Specifications. EPA recommends that

procuring agencies use the following

specifications when procuring

lubricating oils containing re-refined oil:

(1) Engine lubricating oils.

(i) A–A–52039—Commercial Item

Description, Lubricating Oil,

Automotive Engine, API Service SG

(replaced MIL–L–46152, Lubricating

Oil, Internal Combustion Engine,

Administrative Service).

(ii) API Engine Service Category SF–

1980 Gasoline Engine Warranty

Maintenance Service (or current

category)

(iii) A–A–52306—Commercial Item

Description, Lubricating Oil, HeavyDuty Diesel Engine (for wheeled

vehicles only)

(iv) API Engine Service Category CC—

Diesel Engine Service (or current

category)

(v) MIL–L–2104, Lubricating Oil,

Internal Combustion Engine, Combat/

Tactical Service

(vi) API Engine Service Category CD—

Diesel Engine Service (or current

category)

(vii) MIL–L–21260D (or current

version)—Lubricating Oil, Internal

Combustion Engine, Preservative and

Break-in

(viii) MIL–L–46167B (or current

version)—Lubricating Oil, Internal

Combustion Engine, Arctic

(2) Hydraulic fluids.

(i) MIL–H–5606E (or current

version)—Hydraulic Fluid, Petroleum

Base, Aircraft, Missile, and Ordnance

(ii) MIL–H–6083E (or current

version)—Hydraulic Fluid, Petroleum

Base, For Preservation and Operation

(3) Gear oils.

(i) MIL–L–2105D (or current version)

Lubricating Oil, Gear, Multipurpose

(b) Copies of the military

specifications can be obtained from:

Commanding Officer, Naval

Publications and Forms Center, 5801
21390 Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Notices

Tabor Avenue, Philadelphia,

Pennsylvania 19120.

Preference program. EPA

recommends that procuring agencies

establish preference programs consisting

of two components:

(1) Procurement of tire retreading

services for the agencies’ used tire

casings. EPA recommends that

procuring agencies specify that tire

repair and retread services must

conform to Federal Specification ZZ–T–

441H (or current version); obtain

retreading services from retreaders

participating in the U.S. General

Services Administration, Federal Tire

Program’s Quality Assurance Facility

Inspection Program (QAFIP); and

require bidders to submit a copy of their

current certification under the QAFIP.

(2) Procurement of tires through

competition between vendors of new

tires and vendors of retread tires. EPA

recommends that procuring agencies

specify that retread tires must meet the

requirements of Federal Specification

ZZ–T–381, ‘‘Tires, Pneumatic,

Vehicular (Highway) (New and

Retreaded),’’ and be listed on Qualified

Products List QPL–ZZ–T–381, issue in

effect. EPA further recommends that

procuring agencies require bidders to

submit a copy of their current

certification under the U.S. General

Services Administration, Federal Tire

Program’s Quality Assurance Facility

Inspection Program (QAFIP).

In the event that identical low bids

are received in response to a

solicitation, all other factors being

equal, procuring agencies should

provide a preference to the vendor

offering to supply the greatest number of

retread tires.

Preference Program: EPA

recommends that procuring agencies

whose vehicles are serviced by a motor

pool or vehicle maintenance facility

establish a program for engine coolant

reclamation and reuse, consisting of

either reclaiming the spent engine

coolants on-site for use in the agencies’

vehicles, or establishing a service

contract for reclamation of the agencies’

spent engine coolant for use in the

agencies’ vehicles.

EPA also recommends that procuring

agencies request reclaimed engine

coolant when having their vehicles

serviced at commercial service centers.

Additionally, EPA recommends that

agencies purchase reclaimed engine

coolant when making direct purchases

of this item such as when necessary to

make up for losses due to leakage or

spillage.

EPA does not recommend one type of

engine coolant over another. However,

EPA recommends that procuring

agencies purchase engine coolant

containing only one base chemical,

typically ethylene glycol or propylene

glycol, to prevent the commingling of

incompatible types of engine coolant.

Part C—Construction Products

Note: Refer to Part F—Landscaping

Products for additional items that can be

used in construction.

Section C–1.—Building Insulation

Preference Program: EPA

recommends that, based on the

recovered materials content levels

shown in Table C–1, procuring agencies

establish minimum content standards

for use in purchasing building

insulation products.

TABLE C–1.—RECOMMENDED RECOVERED MATERIALS CONTENT LEVELS

FOR BUILDING INSULATION

Insulation material Recovered materials

(materials and %)

Rock Wool ................ Slag 75.

Fiberglass ................. Glass cullet 20–25.

Cellulose loose-fill

and spray-on.

Postconsumer paper

75.

Perlite composite

board.

Postconsumer paper

23

Plastic Rigid Foam,

Polyisocyanurate/

polyurethane: Rigid

foam.

Recovered material 9.

Foam-in-place ........... Recovered material 5.

Glass fiber reinforced Recovered material 6.

Phenolic rigid foam ... Recovered material 5.

Note: The recommended recovered

materials content levels are based on the

weight (not volume) of materials in the

insulating core only.

Specifications: EPA recommends that

procuring agencies reference ASTM

standard specification D 5359, ‘‘Glass

Cullet Recovered from Waste for Use in

Manufacture of Glass Fiber,’’ in

Invitations for Bid and Requests for

Proposal.

Section C–2—Structural Fiberboard and

Laminated Paperboard

Preference Program: EPA

recommends that, based on the

recovered materials content levels

shown in Table C–2, procuring agencies

establish minimum content standards

for use in purchasing structural

fiberboard or laminated paperboard

products for use in either insulating or

structural applications.

TABLE C–2.—RECOMMENDED RECOVERED MATERIALS CONTENT LEVELS

FOR STRUCTURAL FIBERBOARD AND

LAMINATED PAPERBOARD

Product

Postconsumer

recovered

paper (%)

Total recovered

materials

content

(%)

Structural

fiberboards ..... ...................... 80–100

Laminated paperboards ............ 100 100

Note: The recovered materials content

levels are based on the weight (not volume)

of materials in the insulating core only.

Specifications: EPA recommends that

procuring agencies use ASTM Standard

Specification C 208 and ANSI/AHA

specification A194.1. EPA further

recommends that, when purchasing

structural fiberboard products

containing recovered paper, procuring

agencies (1) reference the technical

requirements of ASTM C 208,

‘‘Insulating Board (Cellulosic Fiber),

Structural and Decorative,’’ (2) permit

structural fiberboard products made

from recovered paper where

appropriate, and (3) permit products

such as floor underlayment and roof

overlay containing recovered paper.

EPA further recommends that

procuring agencies review their

specifications for insulating products

and revise them as necessary to obtain

the appropriate ‘‘R’’-value without

unnecessarily precluding the purchase

of products containing recovered

materials.

Section C–3—Cement and Concrete

Preference Program: EPA

recommends that procuring agencies

prepare or revise their procurement

programs for cement and concrete or for

construction projects involving cement

and concrete to allow the use of coal fly

ash or ground granulated blast furnace

slag (GGBF slag), as appropriate. EPA

does not recommend that procuring

agencies favor one recovered material

over the other. Rather, EPA recommends

that procuring agencies consider the use

of both recovered materials and choose

the one that meets their performance

requirements, consistent with

availability and price considerations.

EPA also recommends that procuring

agencies specifically include provisions

in all construction contracts to allow for

the use, as optional or alternate

materials, of cement or concrete which

contains coal fly ash or GGBF slag,

where appropriate.

Due to variations in coal fly ash,

GGBF slag, cement, strength
Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Notices 21391

requirements, costs, and construction

practices, EPA is not recommending

recovered materials content levels for

cement or concrete containing coal fly

ash or GGBF slag. However, EPA is

providing the following information

about recovered materials content.

• Replacement rates of coal fly ash for

cement in the production of blended

cement generally do not exceed 20–30

percent, although coal fly ash blended

cements may range from 0–40 percent

coal fly ash by weight, according to

ASTM C 595, for cement Types IP and

I(PM). Fifteen percent is a more

accepted rate when coal fly ash is used

as a partial cement replacement as an

admixture in concrete.

• According to ASTM C 595, GGBF

slag may replace up to 70 percent of the

Portland cement in some concrete

mixtures. Most GGBF slag concrete

mixtures contain between 25 and 50

percent GGBF slag by weight. EPA

recommends that procuring agencies

refer, at a minimum, to ASTM C 595 for

the GGBF slag content appropriate for

the intended use of the cement and

concrete.

Specifications: The following

recommendations address guide

specifications, materials specifications,

contract specifications, performance

standards, mix design, and quality

control.

• Guide specifications. EPA

recommends that procuring agencies

ensure that their guide specifications do

not inappropriately or unfairly

discriminate against the use of coal fly

ash or GGBF slag in cement and

concrete. EPA further recommends that

procuring agencies revise their guide

specifications to require that contract

specifications for individual

construction projects or products allow

for the use of coal fly ash or GGBF slag,

unless the use of these materials is

technically inappropriate for a

particular construction application.

• Materials specifications. EPA

recommends that procuring agencies

use the existing voluntary consensus

specifications referenced in Table C–3

for cement and concrete containing

GGBF slag.

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

Cement specifications Concrete specifications

ASTM C 595, ‘‘Standard Specification for

Blended Hydraulic Cements.’’.

ASTM C 618, ‘‘Standard Specification for Fly Ash and Raw or Calcined Natural Pozzolan for

Use as a Mineral Admixture in Portland Cement Concrete.’’

ASTM C 150, ‘‘Standard Specification for Portland Cement.’’.ASTM C 311, ‘‘Standard Methods of Sampling and Testing Fly Ash and Natural Pozzolans for

Use as a Mineral Admixture in Portland Cement Concrete.’’

AASHTO M 240, ‘‘Blended Hydraulic Cements.’’.ASTM C 989, ‘‘Ground Granulated Blast-Furnace Slag for Use in Concrete Mortars.’’

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

recommends that procuring agencies

consult other agencies with established

specifications for coal fly ash or GGBF

slag to benefit from their experience.

Procuring agencies can consult the

Federal Highway Administration, which

maintains a data base of state highway

agency material specifications. The

States of Alabama, Connecticut, District

of Columbia, Florida, Georgia, Illinois,

Indiana, Maryland, Michigan, North

Carolina, North Dakota, Ohio,

Pennsylvania, South Carolina, Virginia,

and West Virginia have adopted

specifications which allow the use of

GGBF slag in one or more applications.

If needed, procuring agencies can obtain

these specifications from the respective

state transportation departments and

adapt them for use in their programs for

cement and concrete, as appropriate.

• Contract specifications. EPA

recommends that procuring agencies

which prepare or review ‘‘contract’’

specifications for individual

construction projects revise those

specifications to allow the use of cement

and concrete containing coal fly ash or

GGBF slag as optional or alternate

materials for the project, where

appropriate, consistent with the

agencies’ performance and price

objectives.

• Performance standards. EPA

recommends that procuring agencies

review and, if necessary, revise

performance standards relating to

cement or concrete construction projects

to insure that they do not arbitrarily

restrict the use of coal fly ash or GGBF

slag, either intentionally or

inadvertently, unless the restriction is

justified on a job-by-job basis: (1) To

meet reasonable performance

requirements for the cement or concrete

or (2) because the use of coal fly ash or

GGBF slag would be inappropriate for

technical reasons. EPA recommends

that this justification be documented

based on specific technical performance

information. Legitimate documentation

of technical infeasibility for coal fly ash

or GGBF slag can be for certain classes

of applications, rather than on a job-byjob basis. Procuring agencies should

reference such documentation in

individual contract specifications to

avoid extensive repetition of previously

documented points. However, procuring

agencies should be prepared to submit

such documentation to analysis by

interested persons, and should have a

review process available in the event of

disagreements.

• Mix design. In concrete mix design

specifications which specify minimum

cement content or maximum water, the

cement ratios could potentially unfairly

discriminate against the use of coal fly

ash or GGBF slag. Such specifications

should be changed in order to allow the

partial substitution of coal fly ash or

GGBF slag for cement in the concrete

mixture, unless technically

inappropriate. Cement ratios may be

retained, as long as they reflect the

cementitious characteristics which coal

fly ash or GGBF slag can impart to a

concrete mixture, e.g., by considering

Portland cement plus coal fly ash or

Portland cement plus GGBF slag as the

total cementitious component.

• Quality control. Nothing in this

RMAN should be construed to relieve

the contractor of responsibility for

providing a satisfactory product.

Cement and concrete suppliers are

already responsible both for the quality

of the ingredients of their product and

for meeting appropriate performance

requirements, and will continue to be

under this RMAN. Nothing in EPA’s

recommendations should be construed

as a shift in normal industry procedures

for assigning responsibility and liability

for product quality.

Procuring agencies should expect

suppliers of blended cement, coal fly

ash or GGBF slag, and concrete to

demonstrate (through reasonable testing

programs or previous experience) the
21392 Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Notices

performance and reliability of their

product and the adequacy of their

quality control programs. However,

procuring agencies should not subject

cement and concrete containing coal fly

ash or GGBF slag to any unreasonable

testing requirements.

In accordance with standard industry

practice, coal fly ash and GGBF slag

suppliers should be required to provide

to users a statement of the key

characteristics of the product supplied.

These characteristics may be stated in

appropriate ranges. Other characteristics

should be requested as needed by the

procuring agency.

Agencies desiring a testing or quality

assurance program for cements, blended

cements, or coal fly ash should contact

the U.S. Army Engineer Waterways

Experiment Station, PO Box 631,

Vicksburg, Mississippi 39180.

Section C–4—Carpet

Preference Program: EPA

recommends that, based on the

recovered materials content levels

shown in Table C–4, procuring agencies

establish minimum content standards

for use in purchasing polyester carpet

for light- and moderate-wear

applications. This recommendation

does not include polyester carpet for use

in heavy-wear or severe-wear

applications; however, procuring

agencies are encouraged to evaluate the

suitability of polyester carpet in these

applications. These recommendations

do not preclude a procuring agency

from purchasing carpet made of other

materials, such as nylon, wool, or

polypropylene.

TABLE C–4.—RECOMMENDED RECOVERED MATERIALS CONTENT LEVELS

FOR CARPET

Product Resin Postconsumer

Materials (%)

Polyester Carpet

Face Fiber ...... PET 25–100

Specifications: EPA recommends that

Federal procuring agencies use GSA’s

New Item Introductory Schedule when

purchasing polyester carpet containing

recovered materials. EPA also

recommends that procuring agencies

review their specifications and revise

them to permit, where suitable, the use

of polyester carpet containing recovered

materials. In particular, EPA

recommends that agencies currently

limiting carpet materials to nylon, wool,

or other materials consider adding

polyester, where appropriate, to enable

them to procure carpet containing

recovered materials.

Section C–5—Floor Tiles and 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 heavy-duty/

commercial type floor tiles and patio

blocks made with rubber or plastic.

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

Product Material Postconsumer

materials (%)

Total recovered materials (%)

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

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 floor tiles or patio blocks

manufactured from another material. 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.

Recommendations for floor tiles are limited

to heavy-duty/commercial-type applications

only.

Part D—Transportation Products

Section D–1—Temporary Traffic Control

Devices

Preference Program: EPA

recommends that, based on the

recovered materials content levels

shown in Table D–1, procuring agencies

establish minimum content standards

for use in traffic cones and traffic

barricades.

TABLE D–1.—RECOMMENDED RECOVERED MATERIALS CONTENT LEVELS FOR TRAFFIC CONES AND TRAFFIC BARRICADES

Product Material Postconsumer

materials (%)

Total recovered materials (%)

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

Section E–1—Playground Surfaces and

Running Tracks

Preference Program: EPA

recommends that, based on the

recovered materials content levels

shown in Table E–1, procuring agencies

establish minimum content standards

for use in purchasing playground

surfaces and running tracks made of

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

Product Material

Postconsumer

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 purchasing playground surfaces or running tracks made from rubber or plastic, purchase these items made from recovered materials.

Part F—Landscaping Products

Section F–1—Hydraulic Mulch

Preference Program: EPA

recommends that, based on the

recovered materials content levels

shown in Table F–1, procuring agencies

establish minimum content standards

for paper-based and wood-based

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

Section G–1—Office Recycling

Containers and Office Waste

Receptacles

Preference Program: EPA

recommends that, based on the

recovered materials content levels

shown in Table G–1, procuring agencies

establish minimum content standards

for use in purchasing office recycling

containers and office waste receptacles.

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 RECOVERED MATERIALS CONTENT LEVELS

FOR PLASTIC DESKTOP ACCESSORIES

Product

Postconsumer recovered

materials (material and

percent)

Plastic Desktop

Accessories.

Polystyrene 25–80.

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

Preference Program: EPA

recommends that procuring agencies

establish procedures and policies that

give priority to remanufacturing the

agencies’ expended toner cartridges.

EPA recommends that, under such

policies and procedures, procuring

agencies procure remanufacturing

services for expended cartridges and,

when such services are unavailable or

not practicable, obtain remanufactured

toner cartridges or new toner cartridges

made with recovered materials from

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

binders, A-A–2549A, covers four types

of binders, including cloth bound,

flexible cover; cloth bound, stiff cover;

plastic bound, flexible cover; and plastic

bound, stiff cover. In the specification,

GSA requires its binders to contain ‘‘a

minimum of 100% waste paper,

including a minimum of 30%

postconsumer recovered materials.’’

Section G–5—Plastic Trash Bags

Preference Program: EPA

recommends that, based on the content

levels shown in Table G–4, procuring

agencies establish minimum content

standards for use in purchasing plastic

trash bags.

TABLE G–4.—RECOMMENDED RECOVERED MATERIALS CONTENT LEVELS FOR PLASTIC TRASH BAGS

Product

Postconsumer recovered materials (material and percent)

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

Note: EPA’s recommendation does not

preclude procuring agencies from purchasing

a trash bag manufactured using another

material, such as paper. It merely

recommends that procuring agencies, when

purchasing plastic trash bags, purchase these

items made from recovered materials.

Part H—Miscellaneous Products

[FR Doc. 95–506 Filed 4–28–95; 8:45 am]

BILLING CODE 6560–50–P