Recovered Materials Advisory Notice IV by niusheng11

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									                                  Federal Register / Vol. 66, No. 167 / Tuesday, August 28, 2001 / Notices                                           45297

     developed that will work closely with                   ENVIRONMENTAL PROTECTION                              collected and recycled or otherwise
     the individual ORD laboratories and                     AGENCY                                                reused to make new carpeting.
     centers. The membership of each of the                                                                           Today’s draft RMAN IV proposes
     standing subcommittees have been                        [SWH–FRL–7044–1]                                      revisions to EPA’s previous
     selected to reflect the missions of each                                                                      recommendations for railroad grade
                                                             Recovered Materials Advisory Notice
     ORD component within the risk                                                                                 crossing surfaces by adding
                                                             IV
     assessment paradigm. The upcoming                                                                             recommended recovered materials
     meeting is the first step in this working               AGENCY: Environmental Protection                      content levels for railroad grade crossing
     partnership between the NCEA–BOSC                       Agency.                                               surfaces containing recovered wood and
     Subcommittee and NCEA management                        ACTION: Notice of Draft Document for                  plastic. In addition, today’s draft RMAN
     and staff.                                              Review.                                               proposes to revise EPA’s previous
                                                                                                                   recommendations for consolidated and
        NCEA is in process of developing a                                                                         reprocessed latex paint issued in RMAN
                                                             SUMMARY: The Environmental Protection
     response to a series of questions that                  Agency (EPA or the Agency) today is                   II (62 FR 60975, November 13, 1997). In
     were submitted by the BOSC to help the                  providing notice of the issuance of a                 RMAN II, EPA recommended that
     NCEA–BOSC Subcommittee gauge the                        draft Recovered Materials Advisory                    procuring agencies refer to federal
     progress of the Center since its 1997                   Notice (RMAN IV). The RMAN provides                   specification TT–P–2846 when
     review and to evaluate science and                      guidance to procuring agencies for                    purchasing recycled paint. (See Section
     planning activities that NCEA has                       purchasing certain items containing                   C–7–Latex Paint.) EPA has recently
     developed to address the priorities and                 recovered materials. Under section 6002               learned that the General Services
     directions included in the EPA and ORD                  of the Resource Conservation and                      Administration (GSA) has cancelled this
     Strategic Plans. The October meeting                    Recovery Act of 1976, EPA designates                  specification and will replace it with
     will include a discussion of the NCEA                   items that are or can be made with                    commercial item description (CID) A–
     responses to the questions and                          recovered materials and provides                      A–3185. A copy of this CID will be
     opportunities for public comment.                       recommendations for the procurement                   placed in the RCRA public docket for
        Anyone desiring a draft agenda may                   of these items. Elsewhere in today’s                  today’s notice when it becomes
     fax their request to Joanna Foellmer at                 Federal Register, EPA is proposing to                 available. In the final RMAN IV, EPA
     Fax Number 202–565–0061. If you                         designate 11 items under RCRA Section                 intends to revise Section C–7 of the
                                                             6002. EPA is proposing to designate the               RMAN to delete reference to federal
     would prefer to e-mail your request, the
                                                             following: bike racks, blasting grit,                 specification TT–P–2846 and replace it
     address is: Foellmer.Joanna@epa.gov.
                                                             cement and concrete containing                        with reference to CID A–A–3185.
     Any member of the public wishing to
                                                             cenospheres, cement and concrete                      DATES: EPA will accept public
     make a presentation at the meeting                      containing silica fume, modular
     should contact Joanna Foellmer, U.S.                                                                          comments on the recommendations
                                                             threshold ramps, nonpressure pipe,                    contained in the draft RMAN IV until
     Environmental Protection Agency,                        nylon carpet and nylon carpet backing,
     Office of Research and Development,                                                                           October 29, 2001.
                                                             office furniture, rebuilt vehicular parts,
     National Center for Environmental                       roofing materials, and tires. Today’s                 ADDRESSES: To comment on this notice,
     Assessment, (Mail Code: 8601D), 1200                    draft RMAN IV contains recommended                    please send an original and two copies
     Pennsylvania Avenue, NW.,                               recovered materials content levels for                of comments to: RCRA Information
     Washington, DC 20460; or by telephone                   these items.                                          Center (5305W), U.S. Environmental
     at (202) 564–3208. In general, each                        Today’s draft RMAN IV also includes                Protection Agency, Ariel Rios Building,
     individual making an oral presentation                  revisions to EPA’s previous                           1200 Pennsylvania Avenue, NW.,
     will be limited to a total of three                     recommendations for polyester carpet                  Washington, DC 20460. Please place the
     minutes. Requests for oral comments                     issued in RMAN I (60 FR 21386, May 1,                 docket number F–2001–CP4P–FFFFF on
     must be in writing (e-mail, fax or mail)                1995). Previously, EPA designated                     your comments.
     and received by Joanna Foellmer no                      polyester carpet for use in low- and                    If any information is confidential, it
     later than noon Eastern Time one week                   medium-wear applications and                          should be identified as such. An
     prior to the meeting. E-mail must be in                 referenced those applications in the                  original and two copies of Confidential
     WordPerfect formats suitable for                        RMAN. Since the issuance of EPA’s                     Business Information (CBI) must be
     Windows 95/98. The draft report will be                 designation and recommendations for                   submitted under separate cover to:
     available in mid September. Anyone                      polyester carpet, the Carpet and Rug                  Document Control Officer (5305), Office
                                                             Institute (CRI) has issued new carpet use             of Solid Waste, U.S. Environmental
     interested in a copy can download the
                                                             classifications. Under CRI’s new                      Protection Agency, Ariel Rios Building,
     file off the internet. Please contact
                                                             classifications, certain applications that            1200 Pennsylvania Avenue,
     Joanna Foellmer for the correct internet                                                                      NW.,Washington, DC 20460.
     address.                                                EPA has considered to be low- and
                                                             medium-wear are now classified as                       Documents related to today’s notice
       Dated: August 21, 2001.                               moderate- and heavy-wear applications.                are available for viewing at the RCRA
     Art Payne,                                              Therefore, today’s draft RMAN revises                 Information Center (RIC), located at:
     Acting Deputy Director for Management,                  the recommendations for polyester                     U.S. Environmental Protection Agency,
     National Center for Environmental                       carpet to recommend its use in certain                1235 Jefferson Davis Highway, Ground
     Assessment.                                             moderate- and heavy-wear applications,                Floor, Crystal Gateway One, Arlington,
     [FR Doc. 01–21706 Filed 8–27–01; 8:45 am]               such as those found in single family                  VA 22202. The RIC is open from 9 a.m.
     BILLING CODE 6560–50–P
                                                             housing units, private offices, and                   to 4 p.m. Monday through Friday,
                                                             similar applications. Today’s draft                   except for federal holidays. The public
                                                             RMAN IV also recommends that when                     must make an appointment to review
                                                             procuring agencies purchase new                       docket materials. Call (703) 603–9230
                                                             carpet, they also consider making                     for appointments. Copies cost $.15 per
                                                             arrangements to have their old carpet                 page.


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     45298                        Federal Register / Vol. 66, No. 167 / Tuesday, August 28, 2001 / Notices

     FOR FURTHER INFORMATION CONTACT: For                    Regulations (CFR), but because the                    recovered materials. If EPA adopts the
     general information contact the RCRA                    recommendations are guidance, the                     proposed designation and
     Call Center at (800) 424–9346 or TDD                    RMANs are not codified in the CFR.                    recommendations for bike racks,
     (800) 553–7672 (hearing impaired). In                   This process enables EPA to revise its                however, the mere fact that they are
     the Washington, DC metropolitan area,                   recommendations in response to                        available containing recovered materials
     call (703) 412–9810 or TDD (703) 412–                   changes in a product’s availability or                does not require the use of steel or
     3323. For technical information on                      recovered materials content so as to                  plastic bike racks in every circumstance.
     individual item recommendations,                        provide timely assistance to procuring                The choice of appropriate materials may
     contact Terry Grist at (703) 308–7257.                  agencies in fulfilling their RCRA section             depend on state or local codes. The
     SUPPLEMENTARY INFORMATION:                              6002 responsibilities.                                effect of designation (and RCRA section
                                                                The original CPG (CPG I) was                       6002) is simply to require the purchase
     I. What Is the Statutory Authority for                  published on May 1, 1995 (60 FR                       of items containing recovered materials
     This Proposed Action?                                   21370). It established eight product                  when consistent with the purpose for
        The draft Recovered Materials                        categories, designated 19 new items,                  which the item is to be used. Procuring
     Advisory Notice (RMAN IV) is issued                     and consolidated five earlier item                    agencies remain free to procure
     under the authority of sections 2002(a)                 designations. At the same time, EPA                   designated items made from other
     and 6002 of the Solid Waste Disposal                    published the first RMAN (RMAN I) (60                 materials where the design
     Act, as amended by the Resource                         FR 21386). On November 13, 1997, EPA                  specifications call for other materials.
     Conservation and Recovery Act of 1976                   published CPG II (62 FR 60962), which                 However, agencies must affirmatively
     (RCRA), as amended; and 42 U.S.C.                       designated an additional 12 items. At                 determine whether items containing
     6912(a) and 2962. EPA is also issuing                   the same time, EPA published an RMAN                  recovered materials meet their
     RMAN IV to comply with section 502 of                   II (62 FR 60975). Paper Products                      performance needs.
     Executive Order 13101, ‘‘Greening the                   RMANs were issued on May 29, 1996
     Government Through Waste Prevention,                    (61 FR 26985) and June 8, 1998 (63 FR                 A. What Is the Methodology for
     Recycling, and Federal Acquisition (63                  31214). On January 19, 2000, EPA                      Recommending Recovered Materials
     FR 49643, September 14, 1998).                          published CPG III (65 FR 3070), which                 Content Levels?
                                                             designated an additional 18 items. At                   In providing guidance in the RMANs,
     II. What Is the Background for this
                                                             the same time, EPA published an RMAN                  the Executive Order directs EPA to
     Proposed Action?
                                                             III (65 FR 3082).                                     present ‘‘the range of recovered
        Section 6002 of RCRA establishes a                      Today, in CPG IV, EPA is proposing                 materials content levels within which
     federal buy-recycled program. RCRA                      to designate the following 11 additional              the designated recycled items are
     section 6002(e) requires EPA to (1)                     items: bike racks, blasting grit, cement              currently available.’’ Based on the
     designate items that are or can be made                 and concrete containing cenospheres,
                                                                                                                   information available to the Agency,
     with recovered materials and (2) prepare                cement and concrete containing silica
                                                                                                                   EPA recommends ranges that encourage
     guidelines to assist procuring agencies                 fume, modular threshold ramps,
     in complying with affirmative                                                                                 manufacturers to incorporate the
                                                             nonpressure pipe, nylon carpet and
     procurement requirements set forth in                                                                         maximum amount of recovered
                                                             nylon carpet backing, office furniture,
     paragraphs (c), (d), and (i) of section                                                                       materials into their products without
                                                             rebuilt vehicular parts, roofing
     6002. Once EPA has designated items,                                                                          compromising competition or product
                                                             materials, and tires. Once finalized,
     section 6002 requires that any procuring                                                                      performance and availability. EPA
                                                             today’s RMAN will serve as companion
     agency using appropriated federal funds                                                                       recommends that procuring agencies
                                                             guidance to the previous RMANs.
     to procure those items must purchase                       EPA, once again, wants to stress that              use these ranges, in conjunction with
     them composed of the highest                            the recommendations in RMAN IV are                    their own research, to establish
     percentage of recovered materials                       just that—recommendations and                         minimum content standards for use in
     practicable. For the purposes of RCRA                   guidance to procuring agencies in                     purchasing the designated items. EPA
     section 6002, procuring agencies                        fulfilling their obligations under RCRA               recommends ranges rather than
     include the following: (1) any federal                  section 6002. The designation of an item              minimum standards for several reasons:
     agency; (2) any state or local agencies                 as one that is or can be produced with                  First, the Executive Order directs EPA
     using appropriated federal funds for a                  recovered materials and the inclusion of              to develop ranges, not minimum content
     procurement, or (3) any contractors with                recommended content levels for an item                standards or specific recovered
     these agencies (with respect to work                    in the RMAN does not compel the                       materials levels.
     performed under the contract). The                      procurement of an item when the item                    Second, EPA has only limited
     requirements of RCRA section 6002                       is not suitable for its intended purpose.             information on recovered materials
     apply to such procuring agencies only                   RCRA section 6002 is explicit in this                 content levels for the new items
     when procuring designated items where                   regard when it authorizes a procuring                 proposed for designation. It would not
     the price of the item exceeds $10,000 or                agency not to procure a designated item               be appropriate to establish minimum
     the quantity of the item purchased in                   which ‘‘fails to meet the performance                 content standards without more detailed
     the previous year exceeded $10,000.                     standards set forth in the applicable                 information because the standards may
        Executive Order 13101 directs EPA to                 specification or fails to meet the                    be treated as maximum targets by
     designate items in a Comprehensive                      reasonable performance standards of the               manufacturers and may stifle innovative
     Procurement Guideline (CPG) and                         procuring agencies.’’ Section 6002(1)(B),             approaches for increasing recovered
     publish guidance that contains EPA’s                    42 U.S.C. 6962(c)(B).                                 material use. EPA’s expectation is that
     recommended recovered content levels                       Thus, for example, in the proposal                 the use of ranges will encourage
     for the designated items in the RMANs.                  section of today’s Federal Register, EPA              manufacturers producing at the low end
     The Executive Order further directs EPA                 has proposed to designate bike racks as               of the recovered materials range to seek
     to update the CPG every 2 years and the                 items that are or can be made with                    ways of increasing their recovered
     RMANs periodically to reflect changes                   recovered materials. The Agency’s                     materials usage. Minimum content
     in market conditions. EPA codifies the                  research shows that these items can be                standards are less likely to encourage
     CPG designations in the Code of Federal                 made with steel or plastic containing                 such innovation.


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                                  Federal Register / Vol. 66, No. 167 / Tuesday, August 28, 2001 / Notices                                           45299

        Third, many items are purchased                      establish minimum content standards,                  proposed rule section of today’s Federal
     locally rather than centrally. As a result,             while EPA provides recommendations                    Register.
     the recovered materials content of the                  regarding the levels of recovered
                                                                                                                   C. What Comments Is EPA Requesting?
     items are likely to vary from region to                 materials in the designated items. To
     region depending on local cost and                      make it clear that EPA does not                          EPA requests comments, including
     availability of recovered materials.                    establish minimum content standards                   additional supporting documentation
     Minimum content standards are                           for other agencies, EPA refers to its                 and information, on the types of
     unlikely to be effective given the                      recommendations as ‘‘recovered                        recovered materials identified in the
     regional variance in recovered materials                materials content levels,’’ consistent                item recommendations, the
     content because minimum content                         with RCRA section 6002(e) and the                     recommended recovered and
     levels that are appropriate for one                     Executive Order.                                      postconsumer materials content levels,
     region, may be excessively high or low                     More information on EPA’s                          and other recommendations, including
     for other regions. A recovered materials                methodology for recommending                          specifications, for purchasing the
     content range gives regional procuring                  recovered materials content levels for                designated items containing recovered
     agencies the flexibility to establish their             designated items is contained in                      materials. EPA requests specific
     own recovered materials content                         ‘‘Background Document for Proposed                    comments and information on the
     standards and to make them as high as                   CPG IV and Draft RMAN IV,’’ located in                following issues:
     possible, consistent with the statute,                  the RCRA public docket for this notice                   (1) Recently, as explained in the
     given local product availability and                    and on EPA’s CPG Web site at                          preamble to proposed CPG IV, the
     market conditions.                                      www.epa.gov/cpg.                                      Carpet and Rug Institute (CRI) issued
        EPA reviewed publicly-available                                                                            new carpet-use classifications that
     information, information obtained from                  B. What Are the Definitions of Terms
                                                             Used in This Proposed Action?                         provide a listing of the types of end-use
     product manufacturers, and information                                                                        applications recommended for carpet
     provided by other government agencies                      Today’s draft RMAN IV contains                     and reclassifies the applications into
     regarding the percentages of recovered                  recommendations on the recovered                      three new categories: moderate-,
     materials available in the items                        materials content levels and                          heavy-, and severe-wear applications.
     proposed for designation in CPG IV.                     postconsumer materials content levels                 Most of the applications specified by
     Based on this information, EPA                          at which the designated items are                     EPA in the initial polyester carpet
     established ranges of recovered                         generally available. For several items                designation in CPG I referred to private
     materials content for the proposed                      being proposed for designation, this                  homes that, under the new CRI
     designated items. In some instances,                    RMAN recommends two-part content                      classifications, would be included in the
     EPA recommends a specific content                       levels—a postconsumer recovered                       category of ‘‘single family housing.’’
     level (e.g., 100 percent recovered                      materials content component and a total               CRI’s classifications include both
     materials), rather than a range, because                recovered materials component. In these               moderate- and heavy-use applications
     the item is universally available at that               instances, EPA found that both types of               under the single family housing
     recommended level, the item contains                    materials were being used to                          category. Therefore, EPA, as explained
     100 percent recovered materials, or that                manufacture a product. Recommending                   in the CPG IV, is proposing to revise the
     level is the maximum content currently                  only postconsumer content levels would                polyester carpet designation to reference
     used in that item.                                      fail to acknowledge the contribution to
        In establishing the ranges, EPA’s                                                                          the new CRI classifications and specify
                                                             solid waste management made when                      that the designation be limited to
     objective was to ensure the availability                manufacturers use, as feedstock, the
     of the item, while challenging                                                                                moderate- and heavy-wear applications
                                                             byproducts of other manufacturing                     such as those found in single-family
     manufacturers to increase their use of                  processes that would otherwise be
     recovered materials. By recommending                                                                          housing units, private offices, and
                                                             destined for disposal as solid waste. The             similar applications. EPA is requesting
     ranges, EPA believes that sufficient                    terms ‘‘recovered materials’’ and
     information will be provided to enable                                                                        comments on this proposed revision to
                                                             ‘‘postconsumer materials’’ are defined                the designation for polyester carpet.
     procuring agencies to set appropriate                   in 40 CFR § 247.3. These definitions are
     procurement specifications when                                                                               Today’s RMAN revises EPA’s previous
                                                             repeated here as a reference for the                  recommendations for polyester carpet
     purchasing the newly designated items.                  convenience of the reader. The Agency
        It is EPA’s intention to provide                                                                           and adds recommendations for nylon
                                                             is not proposing to change these                      carpet and nylon carpet backing. The
     procuring agencies with the best and
                                                             definitions and will not consider any                 RMAN also recommends that procuring
     most current information available to
                                                             comments submitted on these terms.                    agencies make provisions to recycle old
     assist them in fulfilling their statutory
     obligations under RCRA section 6002.                      Postconsumer materials means a material             carpet that is being replaced.
     To do this, EPA will monitor the                        or finished product that has served its                  (2) Whether any specifications exist or
     progress made by procuring agencies in                  intended end use and has been diverted or             are appropriate for passenger tires
                                                             recovered from waste destined for disposal,           containing recovered rubber, wood or
     purchasing designated items with the
                                                             having completed its life as a consumer item.         plastic railroad grade crossing surfaces,
     highest practical recovered materials                   Postconsumer material is part of the broader
     content levels and will adjust the                      category of recovered materials.
                                                                                                                   office furniture, bike racks, or blasting
     recommended content ranges as                             Recovered materials means waste materials           grit.
     appropriate. EPA anticipates that the                   and byproducts which have been recovered                 (3) EPA is aware that modular
     recommended ranges will narrow over                     or diverted from solid waste, but such term           threshold ramps can be made with
     time as other items become more                         does not include those materials and                  recovered copper. However, it does not
     available, although for technical                       byproducts generated from, and commonly               have any information relating to the
     reasons, many may never be available                    used within an original manufacturing                 amount of recovered copper used in
                                                             process.                                              these ramps and therefore, has not
     with 100 percent recovered materials
     content levels.                                           Definitions for the 11 new items                    included ramps containing recovered
        Under RCRA section 6002(i), it is each               covered in this RMAN IV are included                  copper in today’s proposed designation.
     procuring agency’s responsibility to                    in proposed CPG IV published in the                   EPA requests information on the use of


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     45300                        Federal Register / Vol. 66, No. 167 / Tuesday, August 28, 2001 / Notices

     recovered copper in the manufacture of                  FR 60975, November 13, 1997), and                     Part B—Vehicular Products
     modular threshold ramps.                                RMAN III (65 FR 3082, January 19,
        (4) EPA is aware that nonpressure                                                                          Section B–2. (Revised) Add—Tires
                                                             2000). Refer to the previous RMANs or                 Containing Recovered Rubber
     pipe can be made from aluminum that                     the Code of Federal Regulations at 40
     can contain recovered materials, but                    CFR Part 247 for definitions, general                    Note: EPA previously designated retread
     does not have any information regarding                 recommendations for affirmative                       tires in CPG I and recommended that
     the recovered content percentages. EPA                  procurement programs, and                             procuring agencies procure retread tires or
     requests information on the amount of                                                                         retreading services in RMAN I (60 FR 21386,
                                                             recommendations for previously                        May 1, 1995). EPA has amended the original
     recovered aluminum that is being used                   designated items.
     in aluminum pipe.                                                                                             designation to include tires containing
                                                             Contents                                              recovered rubber.
        (5) EPA’s research indicates that wood
     shakes and shingles, as well as asphalt/                                                                        Preference Program for Tires
                                                             I. General Recommendations                            Containing Recovered Rubber: EPA
     plastic composite roofing materials can
                                                             II. Specific Recommendations for                      recommends that, based on the
     be made from recovered materials, but
                                                                  Procurement of Designated Items                  recovered materials content levels stated
     it was unable to identify recovered                        Part B. Vehicular Products
     content percentages in these products.                                                                        below, procuring agencies revise their
                                                                  Section B–2. (Revised) Add—Tires                 preference program to establish
     The Agency requests comments or                              Containing Recovered Rubber.
     information on the use of recovered                                                                           minimum content standards for use in
                                                                  Section B–4. Rebuilt Vehicular Parts.            purchasing passenger tires containing
     materials in wood, fiberglass, and                         Part C. Construction Products
     asphalt/plastic composite roofing                                                                             recovered rubber.
                                                                  Section C–3. (Revised) Add—Cement                  • EPA recommends that procuring
     materials.                                                   and Concrete Containing Cenospheres              agencies purchase passenger tires
     III. Supporting Information and                              and Silica Fume from Silicon or                  containing 5–10% postconsumer
     Accessing Internet                                           Ferrosilicon Metal Production.                   recovered rubber.
                                                                  Section C–4. (Revised) Add—Nylon
        The index of supporting materials for                                                                        Note: EPA’s recommendations incorporate
                                                                  Carpet Facing and Nylon Carpet Backing           the recommended recovered materials
     today’s draft RMAN IV is available in
                                                                  Containing Recovered Materials and               content ranges in Sec. 403(b) of Executive
     the RCRA Information Center (RIC) and                        Revised Recommendations for Polyester
     on EPA’s CPG Web site at                                                                                      Order 13149, ‘‘Greening the Government
                                                                  Carpet.                                          Through Federal Fleet and Transportation
     <www.epa.gov/cpg>. The address and                           Section C–10. (Revised) Add—Railroad             Efficiency’’ (April 21, 2000). EPA recognizes
     telephone number of the RIC are                              Grade Crossing Surfaces Made From                that tires containing recovered rubber at
     provided in ADDRESSES above. The                             Recovered Wood and Plastic.                      levels toward the high end of this range may
     index and the following supporting                           Section C–11. Modular Threshold Ramps            not be readily available, but encourages
     materials are available on the Internet:                                                                      procuring agencies to purchase tires with the
                                                                  Containing Recovered Steel, Aluminum,
     ‘‘Background Document for Proposed                                                                            highest level of recovered rubber possible.
                                                                  or Rubber.
        CPG IV and Draft RMAN IV,’’ U.S.                          Section C–12. Nonpressure Pipe                     Specifications: EPA did not identify
        EPA, Office of Solid Waste and                            Containing Recovered Steel, Plastic, or          any specifications that would preclude
        Emergency Response, EPA530–R–01–                          Concrete.                                        the production or procurement of
        006, April 2001.                                          Section C–14. Roofing Materials                  passenger tires with recovered content.
        Copies of the following supporting                        Containing Recovered Steel, Aluminum,            Section B–4. Rebuilt Vehicular Parts
     materials are available for viewing at the                   Fiber, Rubber, Plastic or Plastic
     RIC only:                                                    Composites, or Cement.                             Note: Based on EPA’s research, rebuilt
     ‘‘Recovered Materials Product Research                     Part G. Nonpaper Office Products                   vehicular parts generally contain between 60
                                                                  Section G–9. Office Furniture Containing         and 95% postconsumer material. However,
        for the Comprehensive Procurement
                                                                  Recovered Steel, Aluminum, Wood, or              this level of detail might not be readily
        Guideline IV,’’ Draft Report, August                                                                       available from distributors to procurement
        2000.                                                     Plastic.
                                                                                                                   officials. Therefore, EPA is not
                                                                Part H. Miscellaneous Products
        To access information electronically,                                                                      recommending a range of recovered content.
                                                                  Section H–8. Bike Racks Containing
     go to EPA’s CPG Web site at                                                                                      Preference Program: EPA
                                                                  Recovered Steel or Plastic.
     www.epa.gov/cpg.                                                                                              recommends that procuring agencies
                                                                  Section H–9. Blasting Grit Containing
       Dated: August 21, 2001.                                    Recovered Steel, Coal and Metal Slag,            whose vehicles (passenger vehicles as
     Christine Todd Whitman,                                      Glass, Plastic, or Walnut Shells.                well as medium- and heavy-duty
     Administrator.                                                                                                equipment, including trucks, cranes, off-
                                                             I. General Recommendations                            road vehicles, and military vehicles) are
     Recovered Materials Advisory Notice                                                                           serviced by a motor pool or vehicle
     IV                                                         General recommendations for
                                                                                                                   maintenance facility establish a program
       The following represents EPA’s                        definitions, specifications, and
                                                                                                                   for vehicular parts rebuilding and reuse
     recommendations to procuring agencies                   affirmative procurement programs can
                                                                                                                   consisting of either recovering a used
     for purchasing the items designated by                  be found in the May 1, 1995 RMAN (60
                                                                                                                   vehicular part and rebuilding it,
     EPA in the Comprehensive Procurement                    FR 21386).
                                                                                                                   replacing it with a rebuilt part, or
     Guideline IV (CPG IV), in compliance                    II. Specific Recommendations for                      contracting to have the part replaced
     with section 6002 of the Resource                       Procurement of Designated Items                       with a rebuilt part.
     Conservation and Recovery Act (RCRA)                                                                             Specifications: To be labeled ‘‘rebuilt’’
     and Executive Order 13101. These                           Recommendations for purchasing                     or ‘‘remanufactured,’’ a part must be
     recommendations are intended to be                      previously-designated items can be                    processed in accordance with the FTC’s
     used in conjunction with RMAN I (60                     found in RMAN I (May 1, 1995); RMAN                   ‘‘Guides for the Rebuilt, Reconditioned
     FR 21386, May 1, 1995), the Paper                       II (November 13, 1997); RMAN III                      and Other Used Automotive Parts
     Products RMAN (61 FR 26985, May 29,                     (January 19, 2000); and the Paper                     Industry,’’ 16 CFR Part 20. Rebuilders
     1996), the Paper Products RMAN II (63                   Products RMANs (May 29, 1996, and                     must test each part for compliance with
     FR 31214, June 8, 1998), RMAN II (62                    June 8, 1998).                                        FTC specifications and correct defects


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                                         Federal Register / Vol. 66, No. 167 / Tuesday, August 28, 2001 / Notices                                                                          45301

     as necessary. A copy of the FTC guides                               programs for cement and concrete or for                                 the polyester carpet designation to reference
     have been placed in the RCRA docket                                  construction projects involving cement                                  the new Carpet and Rug Institute
     for this RMAN.                                                       and concrete to allow use of cement and                                 classifications and specify that the
                                                                          concrete containing 5–20% silica fume                                   designation be limited to moderate- and
     Part C—Construction Products                                                                                                                 heavy-wear applications such as those found
                                                                          (by weight), as appropriate. EPA
     Section C–3. (Revised) Add—Cement                                    recommends that procuring agencies                                      in single-family housing units, private
     and Concrete Containing Cenospheres                                  specifically include provisions in all                                  offices, and similar applications.
     and Silica Fume from Silicon or                                      construction contracts to allow for the
     Ferrosilicon Metal Production                                        use, as optional or alternate materials,                                  Today’s RMAN revises EPA’s
                                                                          on cement or concrete that contains                                     previous recommendations for polyester
       Note: EPA previously designated cement                                                                                                     carpet and adds recommendations for
                                                                          silica fume, as appropriate.
     and concrete containing coal fly ash and                                                                                                     nylon carpet and nylon carpet backing.
     ground granulated blast furnace slag (GGBF)
                                                                             Specifications: EPA recommends that
                                                                          procuring agencies refer to ASTM C–                                     The RMAN also recommends that
     in CPG I and recommended recovered
     material content ranges in RMAN I (60 FR                             618, which covers concrete additives                                    procuring agencies make provisions to
     21386, May 1, 1995). EPA has amended the                             and enables procuring agencies to buy                                   recycle old carpet that is being replaced.
     designation to add cenospheres and silica                            concrete containing cenospheres of a                                      Preference Program: EPA
     fume from silicon or ferrosilicon metal                              standard quality.
     production as other recovered materials for
                                                                                                                                                  recommends that, based on the
                                                                             EPA recommends that procuring
     use as cement and concrete additives.                                                                                                        recovered materials content levels
                                                                          agencies refer to the following national
        Preference Program for Cement and                                                                                                         shown in Table C–4 (Revised),
                                                                          specifications and guidelines, which
     Concrete Containing Cenospheres and                                  enable procuring agencies to buy high-                                  procuring agencies establish minimum
     Silica Fume from Silicon or Ferrosilicon                             performance concrete containing silica                                  content standards for use in purchasing
     Metal Production: EPA recommends                                     fume of a standard quality, when                                        polyester carpet for moderate- and
     that, based on the recovered materials                               purchasing cement and concrete with                                     heavy-wear applications such as those
     content levels stated below, procuring                               silica fume: ASTM C1240, AASHTO                                         found in single-family housing units,
     agencies revise their preference program                             M840, and ACI 234R–96. ACI 234R–96                                      private offices, and similar applications
     to establish minimum content standards                               describes the properties of silica fume;                                and for nylon carpet with recovered
     for use in purchasing cement and                                     how silica fume interacts with cement;                                  material fiber facing and/or nylon carpet
     concrete containing cenospheres and                                  the effects of silica fume on the                                       backing. For polyester carpet, this
     silica fume from silicon or ferrosilicon                             properties of fresh and cured concrete;                                 recommendation does not include
     metal production.                                                    typical applications of silica fume                                     polyester carpet for severe-wear or
        • EPA recommends that procuring                                   concrete; recommendations on                                            commercial-type applications.
     agencies revise their procurement                                    proportions, specifications, and
     programs for cement and concrete or for                                                                                                        For nylon carpet, the recommended
                                                                          handling of silica fume in the field. A
     construction projects involving cement                                                                                                       recovered materials content levels
                                                                          copy of these specifications have been
     and concrete to allow use of cement and                              placed in the RCRA public docket for                                    would also include fiber facing that has
     concrete containing 10–15%                                           this RMAN.                                                              been recycled or otherwise renewed
     cenospheres (by weight), as appropriate.                                                                                                     through processes that remove,
     EPA recommends that procuring                                        Section C–4. (Revised) Add—Nylon                                        retexture, and recolor the carpeting.
     agencies specifically include provisions                             Carpet Facing and Nylon Carpet Backing                                  EPA also recommends that when
     in all construction contracts to allow for                           Containing Recovered Materials and                                      procuring agencies purchase new
     the use, as optional or alternate                                    Recommendations for Polyester Carpet                                    carpeting, they make provisions to have
     materials, on cement or concrete that                                  Note: On May 1, 1995, EPA issued a final                              their old carpeting collected, removed,
     contains cenospheres, as appropriate.                                designation for polyester carpet containing                             and recycled or otherwise reused to
        • EPA recommends that procuring                                   recovered materials in CPG I (60 FR 21370).                             make a new carpet product.
     agencies revise their procurement                                    EPA has amended the designation to revise

         TABLE C–4 (REVISED).—RECOMMENDATIONS FOR POLYESTER CARPET AND RECOMMENDED RECOVERED MATERIALS
                          CONTENT LEVELS FOR NYLON CARPET FACING AND NYLON CARPET BACKING
                                                                                                                                                                                          Total
                                                                                                                                                                        Postconsumer    recovered
                                                  Product                                                                          Material                              content (%)     materials
                                                                                                                                                                                       content (%)

     Polyester carpet face fiber .........................................................................    PET ..................................................          25–100        25–100
     Nylon carpet face fiber ..............................................................................   Old carpets ......................................               1–100        25–100
     Nylon carpet backing .................................................................................   Vinyl .................................................          35–70           100
        Notes: EPA’s recommendations do not preclude a procuring agency from purchasing carpet made from other materials such as acrylic or
     wool. They simply require that procuring agencies, when purchasing nylon carpet, purchase it with recovered materials in either the fiber facing
     or the backing, or both, when it meets applicable specifications and performance requirements and when purchasing polyester carpet, purchase
     it with recovered materials in the fiber facing when it meets applicable specifications and performance requirements.


       The nylon carpet recommendations                                     Specifications: Procuring agencies                                    copy of this table has been placed in the
     would also include ‘‘renewed’’ nylon                                 should refer to the Carpet and Rug                                      public docket for this RMAN.
     carpet, which is cleaned, retextured,                                Institute’s table entitled ‘‘Use                                          While numerous carpet specifications
     recolored, or otherwise reused to                                    Classification by End-Use Application’’                                 exist, the members of the carpet
     produce a new nylon carpet product.                                  for a complete listing of CRI’s                                         industry do not utilize any universal
                                                                          recommended carpet applications. A                                      standards. Specifications vary and are


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     45302                                    Federal Register / Vol. 66, No. 167 / Tuesday, August 28, 2001 / Notices

     determined based on the particular                                           available to procurement officials in                                           Preference Program for Railroad
     factors of the installation. The project’s                                   those agencies.                                                               Grade Crossing Surfaces Containing
     designer, architect, general contractor,                                                                                                                   Recovered Wood and Plastic: EPA
     and/or facility manager typically decide                                     Section C–10. (Revised) Add—Railroad                                          recommends that, based on the
     the specifications. Some procuring                                           Grade Crossing Surfaces Containing                                            recovered materials content levels
     agencies, such as the Department of the                                      Recovered Wood and Plastic                                                    shown in Table C–10a (Revised),
     Army and the Department of Housing                                             Note: EPA previously designated railroad                                    procuring agencies revise their
     and Urban Development, have                                                  grade crossing surfaces containing recovered                                  procurement programs for railroad grade
     developed their own specifications for                                       content concrete, rubber, and steel (65 FR                                    crossing surfaces to allow the use of
     end-use carpet applications. These                                           3070).                                                                        recovered wood and plastic railroad
     specifications should be readily                                                                                                                           grade crossing surfaces.

              TABLE C–10A (REVISED).—RECOMMENDED RECOVERED MATERIALS CONTENT LEVELS FOR WOOD AND PLASTIC
                                           RAILROAD GRADE CROSSING SURFACES
                                                                                                                                                                                                                     Total
                                                                                                                                                                                       Postconsumer                recovered
                                  Surface material                                                                       Recovered material                                             content (%)                 materials
                                                                                                                                                                                                                  content (%)

     Wood ............................................................................        Wood or wood composite .............................................                                  90–97               90–97
     Plastic ...........................................................................      Plastic or plastic composite ..........................................                               85–95                 100
       Notes: Railroad grade crossing surfaces made from recovered wood may also contain other recovered materials such as plastics. The per-
     centages of these materials contained in the product would also count toward the recovered materials content level of the item.
       Railroad grade crossing surfaces made from recovered plastics may also contain other recovered materials such as auto shredder residue,
     which contains a mix of materials. The percentages of these materials contained in the product would also count toward the recovered materials
     content level of the item.
         Specifications: EPA has not identified any industry specifications or standards for wood or plastic railroad grade
     crossing surfaces.
                                  Section C–11. Modular Threshold Ramps Containing Recovered Steel, Aluminum, or Rubber
         Preference Program: EPA recommends that, based on the recovered materials content levels shown in Table C–
     11, procuring agencies establish minimum content standards for use in purchasing modular threshold ramps containing
     recovered materials.

                TABLE C–11.—RECOMMENDED RECOVERED MATERIALS CONTENT LEVELS FOR MODULAR THRESHOLD RAMPS
                                   CONTAINING RECOVERED STEEL, ALUMINUM, AND RUBBER
                                                                                                                                                                                                                     Total
                                                                                                                                                                                       Postconsumer                recovered
                                                                                      Material                                                                                          content (%)                 material
                                                                                                                                                                                                                  content (%)

     Steel .........................................................................................................................................................................                 16–67             25–100
     Aluminum .................................................................................................................................................................        ........................            10
     Rubber .....................................................................................................................................................................                        100              100
        Notes: A final designation would not preclude a procuring agency from purchasing threshold ramps made from another material. It simply re-
     quires that a procuring agency, when purchasing steel, aluminum, or rubber threshold ramps, purchase these items made with recovered mate-
     rials when they meet applicable specifications and performance requirements.
        The recommended recovered materials content levels for steel in this table reflect the fact that the designated items can be made from steel
     manufactured in either a Basic Oxygen Furnace (BOF) or an Electric Arc Furnace (EAF). Steel from the BOF process contains 25%–30% total
     recovered steel, of which, 16% is postconsumer steel. Steel from the EAF process contains a total of 100% recovered steel, of which, 67% is
     postconsumer steel. In addition, threshold ramps can be made from a combination of BOF and EAF steel which, according to industry sources,
     would result in a steel with 25%–85% total recovered steel content, of which 16%–67% would be postconsumer steel.


       Specifications: Although the federal                                       routes and in accessible rooms and                                            Section C–12. Nonpressure Pipe
     government is not governed by ADA,                                           spaces including floors, walks, ramps,                                        Containing Recovered Steel, Plastic, or
     the Access Board’s ADA standards are                                         stairs, and curbramps, must be stable,                                        Concrete
     more current than the UFAS and are                                           firm, and slip-resistant. The guidelines                                        Preference Program: EPA
     therefore generally used by federal                                          do not define what is meant by ‘‘stable,                                      recommends that, based on the
     facilities. According to the ‘‘Americans                                     firm, and slip-resistant,’’ but the Access                                    recovered materials content levels
     with Disabilities Act Accessibility                                          Board recommends static coefficient of                                        shown in Table C–12a, procuring
     Guidelines for Buildings and Facilities’                                     friction values of 0.8 for ramps and 0.6                                      agencies establish minimum content
     (28 CFR Part 36), published in the                                           for accessible routes.                                                        standards for use in purchasing
     Federal Register, July 26, 1991, ground                                                                                                                    nonpressure pipe containing recovered
     and floor surfaces along accessible                                                                                                                        materials.




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                                              Federal Register / Vol. 66, No. 167 / Tuesday, August 28, 2001 / Notices                                                                                      45303

            TABLE C–12A.—RECOMMENDED RECOVERED MATERIALS CONTENT LEVELS FOR NONPRESSURE PIPE CONTAINING
                                      RECOVERED STEEL, PLASTIC, AND CONCRETE
                                                                                                                                                                                                          Total
                                                                                                                                                                                   Postconsumer         recovered
                                                                                    Material                                                                                        content (%)          materials
                                                                                                                                                                                                       content (%)

     Steel .....................................................................................................................................................................   16               25–30
                                                                                                                                                                                   67               100
     HDPE ...................................................................................................................................................................      100              100
     PVC .....................................................................................................................................................................     5–15             25–100
     Cement ................................................................................................................................................................       Refer to cement and concrete rec-
                                                                                                                                                                                      ommendations in C–3 of the
                                                                                                                                                                                                RMAN.
       Notes: A final designation would not preclude a procuring agency from purchasing nonpressure pipe made from other materials. It simply re-
     quires that a procuring agency, when purchasing steel, plastic, or concrete nonpressure pipe, purchase the item containing recovered materials
     when they meet applicable specifications and performance requirements.
       The recommended recovered materials content levels for steel in this table reflect the fact that the designated item can be made from steel
     manufactured in either a Basic Oxygen Furnace (BOF) or an Electric Arc Furnace (EAF). Steel from the BOF process contains 25%–30% total
     recovered steel, of which, 16% is postconsumer steel. Steel from the EAF process contains a total of 100% recovered steel, of which, 67% is
     postconsumer steel.
        Specifications: EPA recommends that procuring agencies refer to the following tables C–12b, C–12c, C–12d, and
     C–12e when purchasing nonpressure pipe containing recovered materials. For additional guidelines see the ‘‘Background
     Document for Proposed CPG IV and Draft RMAN IV,’’ which can be found in the RCRA public docket.

                                                                    TABLE C–12B.—ASTM PLASTIC PIPE SPECIFICATIONS
     F1960, Standard Specification for Co-extruded Poly(Vinyl Chloride) (PVC) Non-Pressure Plastic Pipe Having Reprocessed Recycled Content.
     F1732, Standard Specification for Poly(Vinyl Chloride) (PVC) Sewer and Drain Pipe Containing Recycled PVC Material.
     D1248, Standard Specification for Polyethylene Plastics Molding and Extrusion Materials.
     F810, Smooth wall Polyethylene (PE) Pipe for Use in Drainage and Waste Absorption Fields.
     F405, Standard Specification for Corrugated Polyethylene (PE) Tubing and Fittings.
     F512, Standard Specification for Poly(Vinyl Chloride) (PVC) Conduit and Fittings for Underground Installation.
     F667, Standard Specification for Large Diameter Corrugated Polyethylene Tubing and Fittings.
     F949, Standard Specification for Poly(Vinyl Chloride (PVC) Corrugated Sewer Pipe With a Smooth Interior and Fittings.
     D2665, Standard Specification for Poly(Vinyl Chloride) (PVC) Plastic Drain, Waste, and Vent Pipe and Fittings.
     D3034, Standard Specification for Type PSM Poly(Vinyl Chloride) (PVC) Sewer Pipe and Fittings.
     D2239, Standard Specifications for Polyethylene (PE) Plastic Pipe (SIDR–PR) Based on Controlled Inside Diameter.
     D2447, Standard Specification for Polyethylene (PE) Plastic Pipe Schedules 40 and 80, Based on Controlled Outside Diameters.
     D2729–96a, Standard Specification for Poly (Vinyl Chloride) (PVC) Sewer Pipe and Fittings.
     D3035, Standard Specification for Polyethylene (PE) Plastic Pipe (DR–PR) Based on Controlled Outside Diameter.
     D4976, Standard Specification for Polyethylene Plastic Molding and Extrusion Materials.
     D3350, Standard Specification for Polyethylene Plastic Pipe and Fitting Materials.
     D4396, Standard Specification for Rigid Poly(Vinyl) (PVC) and Chlorinated Poly (Vinyl Chloride) (CPVC) Compounds for Plastic Pipe and Fit-
       tings Used in Nonpressure Applications.
     F810, Standard Specification for Smooth wall Polyethylene (PE) Pipe for Use in Drainage and Waste Disposal Absorption Fields.
     F405, Standard Specification for Corrugated Polyethylene (PE) Tubing and Fittings.
     F1970, Standard Specification for Special Engineered Fittings or Appurtenances for Use in Poly Vinyl (Chloride) (PVC) or Chlorinated Poly(Vinyl
       Chloride) (CPVC) Systems.
        Note: ASTM Committee C13 on Concrete Pipe is responsible for the formulation and review of specifications, test methods and definitions for
     concrete pipe and develops and reviews practices and guides covering design, installation, testing, economic evaluation, and performance of
     concrete pipe systems. While the previous ceiling on fly ash content had been set at 25 percent, in 1999, ASTM Committee C13 removed all lim-
     itations on fly ash content in pipe.

                                                                  TABLE C–12C.—ASTM CONCRETE PIPE SPECIFICATIONS
     C14–99, Standard Specification for Concrete Sewer, Storm Drain, and Culvert Pipe.
     C118–99, Standard Specification for Concrete Pipe for Irrigation or Drainage.
     C412–99, Standard Specification for Concrete Drain Tile.
     C444–95, Standard Specification for Perforated Concrete Pipe.
     C505–99a, Standard Specification for Nonreinforced Concrete Irrigation Pipe With Rubber Gasket Joints.
     C654–99, Standard Specification for Porous Concrete Pipe.
     C76–99, Standard Specification for Reinforced Concrete Culvert, Storm Drain, and Sewer Pipe.
     C506–99, Standard Specification for Reinforced Concrete Arch Culvert, Storm Drain, and Sewer Pipe.
     C507–99, Standard Specification for Reinforced Concrete Elliptical Culvert, Storm Drain, and Sewer Pipe.
     C478–97, Standard Specification for Precast Reinforced Concrete Manhole Sections.


                                                   TABLE C–12D.—ASTM AND AASHTO SPECIFICATIONS FOR STEEL PIPE
                                                                                                                                                                                        AASHTO            ASTM
                           Material                                                                                Description                                                        specifications   specifications

     Zinc Coated Sheets and Coils .........                       Steel base metal* with 610 g/m2 (2 oz/ft2) zinc coating ...........................                                 M–218            A929M



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     45304                                    Federal Register / Vol. 66, No. 167 / Tuesday, August 28, 2001 / Notices

                                       TABLE C–12D.—ASTM AND AASHTO SPECIFICATIONS FOR STEEL PIPE—Continued
                                                                                                                                                                                        AASHTO            ASTM
                           Material                                                                                Description                                                        specifications   specifications

     Polymer Coated Sheets and Coils ...                          Polymer coatings applied to sheets* and coils* 9.25 mm (0.010 in.)                                                  M–246            A742M
                                                                    thickness each side.
     Fiber Bonded Coated Coils ..............                     Steel base metal with zinc coating and fibers pressed into the zinc while                                                            A885
                                                                    molten to form fiber bonded coating.
     Aluminum Coated .............................                Steel base metal* coated with 305 g/m2 (1 oz/ft2) of pure aluminum ......                                           M–274            A929M
     Sewer and Drainage Pipe ................                     Corrugated pipe fabricated from any of the above sheets or coils. Pipe
                                                                    is fabricated by corrugating continuous coils into helical ‘‘from with
                                                                    lockseam or welded seam, or by’’ rolling annular corrugated mill
                                                                    sheets and riveting seams:
                                                                  Galvanized corrugated steel pipe ..............................................................                     M–36             A760M
                                                                  Polymeric pre-coated sewer and drainage pipe ........................................                               M–245            A762M
                                                                  Fiber bonded impregnated corrugated steel pipe ......................................                                                A760M
                                                                  Aluminized corrugated steel pipe ...............................................................                    M–36             A760M
                                                                  Structural plate pipe ...................................................................................           M–167            A761M
     Asphalt Coated Steel Sewer Pipe ...                          Corrugated steel pipe of any of the types shown above with a 1.3 mm                                                 M–190            A849
                                                                    (0.0050 in.) high purity asphalt cover.                                                                                            A862
     Invert Paved Steel Sewer Pipe ........                       Corrugated steel pipe of any one for the types shown above with an as-                                              M–190            A849
                                                                    phalt pavement poured in the invert to cover the corrugation by 3.2                                                                A862
                                                                    mm (1/8 in.).
     Fully Lined Steel ..............................             With an internal asphalt lining centrifugally spun in place ........................                                M–190            A849
                                                                                                                                                                                                       A862
                                                                  Corrugated steel pipe with a single thickness of smooth sheet fabricated                                            M–36             A760M
                                                                    with helical ribs projected outward.
                                                                  With an internal concrete lining in place ....................................................                      M–36             A760M
                                                                  Corrugated steel pipe with a smooth steel linter integrally formed with                                             M–36             A760M
                                                                    the corrugated shell.
     Cold Applied Bituminous Coatings ..                          Fibrated mastic or coat tar base coatings of various viscosities for field                                          M–243            A849
                                                                    or shop coating of corrugated pipe or structural plate.
     Gaskets and Sealants ......................                  Standard O-ring gasket ..............................................................................                                D1056
                                                                  Gasket strips, butyl or neoprene ................................................................                                    C361
       Notes: * Yield point 0230Mpa (33ksi) min.; tensile strength —310Mpa (45 ksi) min.; Elongation (50 mm/2 in.)—20% min.
       AASHTO pipe specifications restrict the use of recycled plastic through the reference to ‘‘rework’’ material. Specifications referenced by those
     who commented in 1994 are listed in Table C–12e. AASHTO’s specifications are updated annually.

     TABLE C–12E.—AMERICAN ASSOCIA-                                               Section C–14. Roofing Materials                                               shakes and shingles as well as asphalt/
       TION OF STATE HIGHWAY AND                                                  Containing Recovered Steel, Aluminum,                                         plastic composite roofing materials can
       TRANSPORTATION OFFICIALS PIPE                                              Fiber, Rubber, Plastic or Plastic                                             be made from recovered materials, but
       SPECIFICATIONS (1994)                                                      Composites, or Cement                                                         we were unable to identify recycled-
                                                                                    Preference Program: EPA                                                     content percentages in these products.
     M252–93, Corrugated Polyethylene Drainage                                    recommends that, based on the
       Tubing.                                                                    recovered materials content levels
     M294–93, Corrugated Polyethylene Pipe.                                       shown in Table C–14, procuring
     M278, Class PS 46 Polyvinyl Chloride (PVC)                                   agencies establish minimum content
       Pipe.                                                                      standards for use in purchasing or
     Section 18, Standard Specifications for High-
       way Bridges.
                                                                                  procuring roofing materials or services.
                                                                                  EPA’s research indicates that wood

      TABLE C–14.—RECOMMENDED RECOVERED MATERIALS CONTENT LEVELS FOR ROOFING MATERIALS CONTAINING STEEL,
                       ALUMINUM, FIBER, RUBBER, PLASTIC OR PLASTIC COMPOSITES, OR CEMENT
                                                                                                                                                                                                          Total
                                                                                                                                                                                   Postconsumer         recovered
                                                                                    Material                                                                                        content (%)          materials
                                                                                                                                                                                                       content (%)

     Steel .....................................................................................................................................................................   16               25—30
                                                                                                                                                                                   67               100
     Aluminum .............................................................................................................................................................        20–95            20–95
     Fiber (felt) ............................................................................................................................................................     66–100           100
     Rubber .................................................................................................................................................................      12–100           100
     Plastic or Plastic/Rubber Composite ...................................................................................................................                       100              100
     Wood/Plastic Composite .....................................................................................................................................                                   100
     Cement ................................................................................................................................................................       Refer to cement and concrete rec-
                                                                                                                                                                                     ommendations in C–3 of the
                                                                                                                                                                                                RMAN.
       Notes: A final designation would not preclude a procuring agency from purchasing roofing materials manufactured from another material. It
     simply requires that a procuring agency, when purchasing steel, aluminum, fiber, rubber, plastic, wood, or cement roofing materials, purchase
     these items made with recovered materials when these items meet applicable specifications and performance requirements.



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                                              Federal Register / Vol. 66, No. 167 / Tuesday, August 28, 2001 / Notices                                                                                                 45305

       The recommended recovered materials content levels for steel in this table reflect the fact that the designated item can be made from steel
     manufactured in either a Basic Oxygen Furnace (BOF) or an Electric Arc Furnace (EAF). Steel from the BOF process contains 25%–30% total
     recovered steel, of which, 16% is postconsumer steel. Steel from the EAF process contains a total of 100% recovered steel, of which, 67% is
     postconsumer steel.


       Specifications: EPA recommends that                                        Part G. Nonpaper Office Products                                              establish minimum content standards
     procuring agencies refer to the 186                                                                                                                        for use in purchasing office furniture
                                                                                  Section G–9. Office Furniture
     standards for roofing products                                                                                                                             with recovered materials, including
                                                                                  Containing Recovered Steel, Aluminum,
     maintained by ASTM’s Committee D08                                                                                                                         remanufactured or refurbished office
                                                                                  Wood, Agricultural Fiber, and Plastic
     on Roofing, Waterproofing, and                                                                                                                             furniture.
     Bituminous Materials. The                                                      Preference Program: EPA
     specifications, however, do not discuss                                      recommends that, based on the
     use of recovered materials, nor do they                                      recovered materials content levels
     preclude the use of recovered materials.                                     shown in Table G–9, procuring agencies

                            TABLE G–9.—RECOMMENDED RECOVERED MATERIALS CONTENT LEVELS FOR OFFICE FURNITURE
                                                                                                                                                                                                                   Total recov-
                                                                                                                                                                                       Postconsumer                   ered
                                                        Product                                                                                  Material                               content (%)                 materials
                                                                                                                                                                                                                   content (%)

     Furniture structure .....................................................................................            Steel ................................................                           16             25–30
     Furniture structure .....................................................................................            Aluminum .........................................           ........................          75–100
     Particleboard/Fiberboard component ........................................................                          Wood composite ..............................                                1–50              80–100
                                                                                                                          Agricultural fiber ..............................                                                 100
     Fabric .........................................................................................................     PET ..................................................                      100                   100
     Plastic furniture component .......................................................................                  HDPE ...............................................                      70–75                    95
     Remanufactured or Refurbished Furniture ................................................                             Various ............................................                      25–75                 25–75
        Notes: A final designation would not preclude a procuring agency from purchasing office furniture manufactured from another material. It sim-
     ply requires that a procuring agency, when purchasing office furniture made from steel, aluminum, wood, agricultural fiber, or plastic, purchase
     these items made with recovered materials when these items meet applicable specifications and performance requirements, or procure office fur-
     niture that has been remanufactured or refurbished.
        The recommended recovered materials content levels for steel in this table reflect the fact that the designated item is generally made from
     steel manufactured in a Basic Oxygen Furnace (BOF). Steel from the BOF process contains 25%–30% total recovered steel, of which, 16% is
     postconsumer steel.
        Particleboard and fiberboard used in the wood components of office furniture may also contain other recovered cellulosic materials, including,
     but not limited to, paper, wheat straw, and bagasse. The percentages of these materials contained in the product would also count toward the re-
     covered materials content level of the item.


        Specifications: EPA did not identify                                      Manufacturer’s Association standards                                          recovered materials content levels
     any standards or specifications that                                         and fire codes (Boston and California) as                                     shown in Table H–8, procuring agencies
     would preclude government agencies                                           new furniture.                                                                establish minimum content standards
     from purchasing office furniture with                                                                                                                      for use in purchasing bike racks.
     recovered materials content or                                               Part H. Miscellaneous Products
     remanufactured or refurbished office                                         Section H–8. Bike Racks Containing
     furniture. GSA requires that                                                 Recovered Steel or Plastic
     remanufactured furniture meet the same
     Underwriters Laboratories, ASTM, and                                           Preference Program: EPA
     Business and Institutional Furniture                                         recommends that, based on the

                                  TABLE H–8.—RECOMMENDED RECOVERED MATERIALS CONTENT LEVELS FOR BIKE RACKS
                                                                                                                                                                                                                   Total recov-
                                                                                                                                                                                       Postconsumer
                                                                                      Material                                                                                                                    ered materials
                                                                                                                                                                                        content (%)                content (%)

     Steel .........................................................................................................................................................................                     16               25–30
     HDPE .......................................................................................................................................................................                       100                 100
       Notes: A final designation would not preclude a procuring agency from purchasing bike racks manufactured from another material. It simply re-
     quires that a procuring agency, when purchasing steel or plastic bike racks, purchase them containing recovered materials when they meet appli-
     cable specifications and performance requirements.
       The recommended recovered materials content levels for steel in this table reflect the fact that the designated item is generally made from
     steel manufactured in a Basic Oxygen Furnace (BOF). Steel from the BOF process contains 25%–30% total recovered steel, of which, 16% is
     postconsumer steel.


       Specifications: EPA did not identify                                       Section H–9. Blasting Grit Containing                                         recovered materials content levels
     any industry standards or specifications                                     Recovered Steel, Coal and Metal Slag,                                         shown in Table H–9, procuring agencies
     that would preclude the use of                                               Glass, Plastic, and Walnut Shells                                             establish minimum content standards
     recovered materials in bike racks.                                             Preference Program: EPA                                                     for use in purchasing blasting grit
                                                                                  recommends that, based on the                                                 containing recovered materials.



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     45306                                    Federal Register / Vol. 66, No. 167 / Tuesday, August 28, 2001 / Notices

                               TABLE H–3.—RECOMMENDED RECOVERED MATERIALS CONTENT LEVELS FOR BLASTING GRIT
                                                                                                                                                                                                                     Total
                                                                                                                                                                                       Postconsumer                recovered
                                                                                      Material                                                                                          content (%)                 materials
                                                                                                                                                                                                                  content (%)

     Steel .........................................................................................................................................................................               16—67              25—100
     Coal Slag .................................................................................................................................................................       ........................          100
     Copper and Nickel Slag ...........................................................................................................................................                ........................          100
     Glass ........................................................................................................................................................................                      100             100
     Glass/Plastic ............................................................................................................................................................                            20            100
     Walnut Shells ...........................................................................................................................................................         ........................          100
        Notes: A final designation would not preclude a procuring agency from purchasing blasting grit manufactured from another material. It simply
     requires that a procuring agency, when purchasing blasting grit made from steel, coal and metal slag, glass, plastic, or walnut shells, purchase
     this item made with recovered materials when it meets applicable specifications and performance requirements.
        The recommended recovered materials content levels for steel in this table reflect the fact that the designated item can contain steel manufac-
     tured in either a Basic Oxygen Furnace (BOF) or an Electric Arc Furnace (EAF). Steel from the BOF process contains 25%—30% total recov-
     ered steel, of which, 16% is postconsumer steel. Steel from the EAF process contains a total of 100% recovered steel, of which, 67% is
     postconsumer steel. In addition, blasting grit can be made from a combination of BOF and EAF steel which, according to industry sources, would
     result in a steel with 25%—85% total recovered steel content, of which 16%—67% would be postconsumer steel.


       Specifications: EPA did not find any                                       forth in the definition of Past Response                                        Dated: August 17, 2001.
     specifications that would preclude the                                       Costs in the Settlement Agreement                                             Jerry Clifford,
     use of recovered materials in blasting                                       through the date of payment to the                                            Acting Regional Administrator, Region 6.
     grit. EPA recommends that procuring                                          Hazardous Substances Superfund.                                               [FR Doc. 01–21705 Filed 8–27–01; 8:45 am]
     agencies exercise OSHA or other                                                The settlement includes a covenant                                          BILLING CODE 6560–50–P
     required standard safety practices when                                      not to sue under section 107 of
     using blasting grit, particularly when                                       CERCLA, 42 U.S.C. 9607.
     using blasting grit containing slag                                                                                                                        ENVIRONMENTAL PROTECTION
     materials.                                                                     For thirty (30) days following the date                                     AGENCY
                                                                                  of publication of this notice, the Agency
     [FR Doc. 01–21568 Filed 8–27–01; 8:45 am]                                    will receive written comments relating                                        [FRL–7044–5]
     BILLING CODE 6560–50–P
                                                                                  to the settlement. The Agency will
                                                                                                                                                                Proposed Settlement Under Section
                                                                                  consider all comments received and                                            122(h) of the Comprehensive
                                                                                  may withdraw or withhold its consent                                          Environmental Response and Liability
     ENVIRONMENTAL PROTECTION
                                                                                  to the proposed settlement if comments                                        Act
     AGENCY
                                                                                  received disclose facts or considerations
     [FRL–7043–8]                                                                 which indicate that the settlement is                                         AGENCY: Environmental Protection
                                                                                  inappropriate, improper, or inadequate.                                       Agency.
     Notice of Proposed Administrative                                            The Agency’s response to any comments                                         ACTION: Notice of proposed
     Settlement Pursuant to the                                                   received will be available for public                                         administrative settlement and
     Comprehensive Environmental                                                  inspection at 1445 Ross Avenue, Dallas,                                       opportunity for public comment—Ewan
     Response, Compensation, and Liability                                        Texas 75202–2733.                                                             Property Superfund Site.
     Act
                                                                                  DATES: Comments must be submitted on                                          SUMMARY: The United States
     AGENCY:        Environmental Protection                                      or before September 27, 2001.                                                 Environmental Protection Agency
     Agency.                                                                                                                                                    (‘‘EPA’’) is proposing to enter into an
     ACTION: Notice; request for public                                           ADDRESSES:    The proposed settlement
                                                                                                                                                                administrative settlement to resolve
     comment.                                                                     and additional background information
                                                                                                                                                                certain claims under the Comprehensive
                                                                                  relating to the settlement are available
     SUMMARY: In accordance with section                                                                                                                        Environmental Response and Liability
                                                                                  for public inspection at 1445 Ross                                            Act of 1980, as amended (‘‘CERCLA’’).
     122(i) of the Comprehensive                                                  Avenue, Dallas, Texas 75202–2733. A
     Environmental Response,                                                                                                                                    Notification is being published to
                                                                                  copy of the proposed settlement may be                                        inform the public of the proposed
     Compensation, and Liability Act, as                                          requested from Barbara J. Aldridge
     amended (‘‘CERCLA’’), 42 U.S.C.                                                                                                                            settlement and of the opportunity to
                                                                                  (6SF–AC), U.S. Environmental                                                  comment. This settlement is intended to
     9622(i), notice is hereby given of a                                         Protection Agency, Region 6, 1445 Ross
     proposed administrative settlement                                                                                                                         resolve the liability of nineteen parties
                                                                                  Avenue, Dallas, Texas 75202–2733 at                                           for certain response costs incurred by
     concerning the Antifreeze, Inc.,                                             (214) 665–2712. Comments should
     Superfund Site, with Kenneth Michael                                                                                                                       EPA at the Ewan Property Superfund
                                                                                  reference the Antifreeze, Inc. Superfund                                      Site (‘‘the Site’’) in Shamong Township,
     Stansbury and Noelie Andree C.                                               Site, Abbeville, Vermilion Parish,
     Stansbury, husband and wife, (‘‘Settling                                                                                                                   New Jersey.
                                                                                  Louisiana and EPA Docket Number 06–
     Parties’’) the United States Enviromental                                                                                                                  DATES: Comments must be provided on
                                                                                  04–01, and should be addressed to
     Protection Agency (‘‘EPA’’), and the                                                                                                                       or before September 27, 2001.
                                                                                  Joseph E. Compton III at the address
     United States Department of Justice                                                                                                                        ADDRESSES: Comments should be
                                                                                  listed below.
     (‘‘DOJ’’).                                                                                                                                                 addressed to the United States
        The settlement requires the Settling                                      FOR FURTHER INFORMATION CONTACT:                                              Environmental Protection Agency,
     Parties to pay a total of $21,000.00 in                                      Joseph E. Compton III (6RC–S), U.S.                                           Office of Regional Counsel, 290
     reimbursement of Past Response Costs,                                        Environmental Protection Agency, 1445                                         Broadway—17th Floor, New York, New
     plus an additional sum for interest on                                       Ross Avenue, Dallas, Texas 75202–2733                                         York 10007, and should refer to: In the
     the amount calculated from the date set                                      at (214) 665–8506.                                                            Matter of the Ewan Property Superfund


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