FR Doc 04-9865

[Federal Register: April 30, 2004 (Volume 69, Number 84)]
[Notices]
[Page 24039-24050]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ap04-137]

[[Page 24039]]

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ENVIRONMENTAL PROTECTION AGENCY

[RCRA-2001-0047; SWH-FRL-7655-1]

Recovered Materials Advisory Notice IV

AGENCY: Environmental Protection Agency.

ACTION: Notice of availability of final document.

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SUMMARY: The Environmental Protection Agency is providing notice of the
availability of the final Recovered Materials Advisory Notice IV (RMAN
IV) and supporting materials. The final RMAN IV contains EPA's
recommendations for purchasing seven newly designated items and three
revised items presented in the final Comprehensive Procurement
Guideline IV, which is published elsewhere in today's Federal Register.
The final RMAN IV also contains revised recommendations for two other
previously designated items. This action will help use government
purchasing power to stimulate the use of recovered materials in the
manufacture of products and expand markets for those recovered
materials. EPA designates items that are or can be made with recovered
materials and provides recommendations for the procurement of these
items under the authority of the Resource Conservation and Recovery Act
of 1976 (RCRA). The seven newly designated items for which EPA is
making recommendations include: modular threshold ramps; nonpressure
pipe; roofing materials; office furniture; rebuilt vehicular parts;
bike racks; and blasting grit. The five items for which EPA is making
revised recommendations include: cement and concrete; polyester carpet;
railroad grade crossing surfaces; latex paint; and retread tires.

EFFECTIVE DATES: These recommendations apply to the seven new items
(i.e., modular threshold ramps; nonpressure pipe; roofing materials;
office furniture; rebuilt vehicular parts; bike racks; and blasting
grit) whose designations are effective May 2, 2005, as well as to the
five items that were previously designated (i.e., cement and concrete,
polyester carpet, railroad-grade crossing surfaces, latex paint, and
retread tires).

FOR FURTHER INFORMATION CONTACT: For general information contact the
RCRA Call Center at (800) 424-9346 or TDD (800) 553-7672 (hearing
impaired). In the Washington, DC metropolitan area, call (703) 412-9810
or TDD (703) 412-3323. For technical information on individual item
recommendations, contact Terry Grist at (703) 308-7257 or Sue Nogas at
(703) 308-0199.

SUPPLEMENTARY INFORMATION:

I. General Information

A. How Can I Get Copies of This Document and Other Related Information?

1. Docket. EPA has established an official public docket for this
action under Docket ID No. RCRA-2001-0047. The official public docket
consists of the documents specifically referenced in this action, any
public comments received, and other information related to this action.
Although a part of the official docket, the public docket does not
include Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. The official public docket
is the collection of materials that is available for public viewing at
the OSWER Docket in the EPA Docket Center (EPA/DC), EPA West, Room
B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket
Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is (202) 566-1744, and the telephone number for the
OSWER Docket is (202) 566-0270. Copies cost $0.15/page.
2. Electronic Access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr/.

An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to view public comments,

access the index listing of the contents of the official public docket,
and to access those documents in the public docket that are available
electronically. Although not all docket materials may be available
electronically, you may still access any of the publicly available
docket materials through the docket facility identified above. Once in
the system, select ``search,'' then key in the appropriate docket
identification number.

Preamble Outline

I. What Is the Statutory Authority for This Action?
II. Why Is EPA Taking This Action?
III. What Are the Definitions of Terms Used in This Action?
IV. What Did Commenters Say About the Recommendations in the Draft
RMAN IV?
A. Item-Specific Comments
1. Polyester Carpet
2. Cement and Concrete Containing Cenospheres and Silica Fume
3. Nylon Carpet and Nylon Carpet Backing
4. Roofing Materials
5. Office Furniture
6. Blasting Grit
V. Supporting Information and Accessing Internet

I. What Is the Statutory Authority for This Action?

EPA is issuing the Recovered Materials Advisory Notice IV (RMAN IV)
under the authority of sections 2002(a) and 6002 of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery Act
of 1976 (RCRA), as amended, 42 U.S.C. 6912(a) and 6962; and Executive
Order (E.O.) 13101 (63 FR 49643, September 14, 1998).

II. Why Is EPA Taking This Action?

Section 6002 of RCRA establishes a Federal buy-recycled program.
RCRA section 6002(e) requires EPA to (1) designate items that are or
can be produced with recovered materials and (2) prepare guidelines to
assist procuring agencies in complying with affirmative procurement
requirements set forth in paragraphs (c), (d), and (i) of section 6002.
Once EPA designates an item, section 6002 requires that any procuring
agency using appropriated Federal funds to procure that item must
purchase it composed of the highest percentage of recovered materials
practicable. For the purposes of RCRA section 6002, procuring agencies
include the following: (1) Any Federal agency; (2) any State or local
agencies using appropriated Federal funds for a procurement; and (3)
any contractors with these agencies (with respect to work performed
under the contract). The requirements of section 6002 apply to
procuring agencies only when procuring a designated item where the
price of the item exceeds $10,000 or when the quantity of the item, or
functionally equivalent items, purchased in the previous year exceeded
$10,000.
Executive Order 13101 (63 FR 49643, September 14, 1998) requires
EPA to designate items in a Comprehensive Procurement Guideline (CPG)
and publish guidance that contains EPA's recommended recovered
materials content levels for the designated items in Recovered
Materials Advisory Notices (RMAN). The Executive Order (E.O.) also
requires EPA to update the CPG every two years and the RMAN
periodically to reflect changes in market conditions. EPA codifies the
CPG designations in the Code of Federal Regulations (CFR), but, because
the

[[Page 24040]]

recommendations are guidance, the RMAN is not codified in the CFR. This
process allows EPA to revise its recommendations in a timely manner and
in response to changes in a product's availability or recovered
materials content.
The first CPG (CPG I) was published on May 1, 1995 (60 FR 21370).
It established eight product categories, designated 19 new items in
seven of those categories, and consolidated five earlier item
designations.\1\ At the same time, EPA also published a notice of
availability of the first RMAN (RMAN I) (60 FR 21386). On November 13,
1997, EPA published CPG II (62 FR 60962), which designated an
additional 12 items. At the same time, EPA published an RMAN II notice
(62 FR 60975). Paper Products RMANs were issued on May 29, 1996 (61 FR
26985) and June 8, 1998 (63 FR 31214). On January 19, 2000, EPA
published CPG III (65 FR 3070), which designated an additional 18
items. At the same time, EPA published an RMAN III notice (65 FR 3082).
On August 28, 2001, EPA published a proposed CPG IV (66 FR 45256),
which proposed to designate an additional 11 items. At the same time,
EPA published a draft RMAN IV notice (66 FR 45297). For more
information on CPG, go to the EPA Web site at http://www.epa.gov/cpg/.

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\1\ Between 1983 and 1989, EPA issued five guidelines for the
procurement of products containing recovered materials, which were
previously codified at 40 CFR parts 248, 249, 250, 252, and 253.
These products include cement and concrete containing fly ash, paper
and paper products, re-refined lubricating oils, retread tires, and
building insulation.
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The 11 items EPA proposed for designation in the proposed CPG IV
were: cement and concrete containing cenospheres; cement and concrete
containing silica fume; modular threshold ramps; nonpressure pipe;
nylon carpet and nylon carpet backing; roofing materials; office
furniture; rebuilt vehicular parts; tires; bike racks; and blasting
grit. The proposed designations of cement and concrete containing
cenospheres and silica fume are actually proposed revisions to the
existing designation of cement and concrete containing coal fly ash and
ground granulated blast furnace slag. Consequently, today EPA is
publishing recommendations for seven of the originally proposed items:
modular threshold ramps; nonpressure pipe; roofing materials; office
furniture; rebuilt vehicular parts; bike racks; and blasting grit. At
the same time, EPA is also revising its recommendations for five items:
cement and concrete; polyester carpet; railroad grade crossing
surfaces; latex paint, and retread tires. As for the latex paint
recommendations, as previously discussed in the draft RMAN IV notice,
EPA is deleting reference to specification TT-P-2846, which was
cancelled by the U.S. General Services Administration (GSA), and
recommends that procuring agencies refer to commercial item description
(CID) A-A-3185 instead when purchasing recycled paint. (A copy of this
CID has been placed in the docket for the final RMAN IV.) Regarding the
retread tire recommendations, although not previously discussed in the
draft RMAN IV, EPA has recently learned that the GSA Federal Tire
Program's Quality Assurance Facility Inspection Program (QAFIP) is
defunct. Therefore, EPA is revising the retread tire recommendations by
deleting reference to the GSA QAFIP. EPA is not designating tires or
nylon carpet and nylon carpet backing at this time and, therefore, is
not issuing final recommendations for purchasing these items. The
reasons for this decision are discussed in Section IV of this notice
and in the final CPG IV, published in the rules section of today's
Federal Register.
Section 6002 requires that each procuring agency that procures a
designated item must procure such items composed of the highest
percentage of recovered material practicable consistent with
maintaining a satisfactory level of competition, except in defined
circumstances. These include a determination that the item (1) is not
reasonably available within a reasonable period of time; (2) fails to
meet applicable performance standards; and (3) is only available at an
unreasonable price. See also 40 CFR 247.2(d). For further discussion of
when a procuring agency must purchase items with recovered materials
content see 61 FR 58067 (November 12, 1996).

III. What Are the Definitions of Terms Used in This Action?

Today's final RMAN IV recommends postconsumer and/or total
recovered materials content levels for the following previously and
newly designated items: railroad grade crossing surfaces, modular
threshold ramps, nonpressure pipe, roofing materials, office furniture,
bike racks, and blasting grit. For these items, EPA found that
manufacturers were using both postconsumer and other types of recovered
materials to manufacture these products. Limiting the Agency's
recommendation to only postconsumer content levels would be
inconsistent with RCRA's requirement that EPA designate items which are
or can be made with recovered materials whose procurement will carry
out the objective of section 6002--the procurement of items composed of
the highest percentage of recovered materials practicable. The statute
defines ``recovered materials'' to include waste materials and
byproducts which have been recovered or diverted from solid waste.
Section 1004(19) of RCRA, 42 U.S.C. 6903(19). If the Agency only
recommended postconsumer content levels, it would fail to take into
account the contribution that manufacturers using other manufacturers'
byproducts as feedstock have made and can make to solid waste
management.
EPA defined the terms ``recovered materials'' and ``postconsumer
materials'' in the CPG and in 40 CFR 247.3. We repeat the definitions
of these terms in this notice for the convenience of the reader.

Postconsumer materials means a material or finished product that
has served its intended end use and has been diverted or recovered
from waste destined for disposal, having completed its life as a
consumer item. Postconsumer material is part of the broader category
of recovered materials.
Recovered materials means waste materials and byproducts which
have been recovered or diverted from solid waste, but the term does
not include those materials and byproducts generated from, and
commonly reused within, an original manufacturing process.

IV. What Did Commenters Say About the Recommendations in the Draft RMAN
IV?

This section discusses the major public comments on the draft RMAN
IV. A summary of all of the comments and the Agency's response is
provided in the document entitled ``Background Document for the Final
Comprehensive Procurement Guideline (CPG) IV and Recovered Materials
Advisory Notice (RMAN) IV,'' August 2003, hereafter referred to as the
``Background Document for the Final CPG IV/RMAN IV.'' A copy of this
document has been placed in the docket for the final RMAN IV. See
SUPPLEMENTARY INFORMATION above for information about reviewing
documents in the public docket. This document is also available
electronically on the Internet. See section V of this notice for
information on accessing this document electronically.

A. Item-Specific Comments

1. Polyester Carpet
In the proposed CPG IV and RMAN IV, EPA requested comments on its
proposal to revise the polyester carpet

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designation to reference new Carpet and Rug Institute (CRI) end-use
classifications of moderate- and heavy-wear.
Comment: Five organizations submitted comments on EPA's recommended
use of polyester carpet in moderate and heavy minimum use
classifications based on CRI's End-Use Applications Classification. In
its comments, CRI urged that EPA limit its recommendation for polyester
carpets to polyester carpets used only in moderate end-use
applications, as indicated in CRI's revised Carpet End-Use Applications
Classification document. With its comments, CRI provided a revised
table for Carpet End-Use Applications Classification. In the Background
Document for Proposed CPG IV and Draft RMAN IV, EPA noted that at the
time the proposed CPG IV/RMAN IV was issued, the classifications were
under review and were expected to be revised. CRI also provided GSA-
recommended density specifications for polyester carpet construction.
With regard to EPA's proposal clarifying its original
specifications for polyester carpet, the White House Task Force on
Recycling indicated that it was not clear whether EPA intended to
exclude bachelor-enlisted quarters and other dormitory-style housing
from the scope of its revision. The Task Force asked that EPA state
unambiguously in the final notice whether the specifications apply to
these types of housing.
Response: EPA has revised the final RMAN to address CRI's comments
and reference CRI's End-Use Applications Classification. The final RMAN
for polyester carpet is thus limited to moderate end uses and does not
include heavy or severe end uses. Under CRI's revised classification
system, bachelor-enlisted quarters and other dormitory-styled housing
are categorized as ``heavy'' use. Therefore, these types of housing
would be excluded from the polyester carpet recommendation. EPA also
has included the GSA-recommended density specifications provided by CRI
in the final RMAN.
Comment: Manatt, Phelps, & Phillips, LLP (on behalf of Milliken
Carpet) does not believe EPA has sufficiently explored and evaluated
the problems related to uses for polyester carpet, particularly as they
relate to performance characteristics. Specifically, the company does
not believe that polyester carpet should be recommended for heavy-wear
applications. Even though EPA's recommendation does not include
polyester carpet for severe-wear and commercial applications, Milliken
believes some heavy-wear applications, such as in private offices, may
be considered ``commercial'' use in some situations. Three other
commenters (DuPont Nylon Flooring, the National Recycling Coalition,
and CRI) stated that polyester carpet should be limited to moderate
end-use classifications.
Response: As discussed above, EPA has revised the recommendations
for polyester carpet to reflect CRI's revised End-Use Applications
Classification table and is revising its recommendation to limit
polyester carpet to moderate end uses. Thus, today's RMAN does not
recommend the use of polyester carpet in heavy-wear applications such
as in bachelor quarters, dormitory-style housing, private offices, or
other heavy or severe-wear applications as identified in CRI's
classification table. A copy of CRI's revised End-Use Applications
Classification table has been placed in the RCRA docket for this final
notice.
Comment: Milliken also commented that EPA's instructions on
purchasing polyester carpet for suitable applications is confusing in
light of EPA's proposed designation of nylon carpet. Milliken believes
that the language EPA included in the proposed rule may be interpreted
to require the purchase of polyester carpet over nylon carpet when both
products are designated for the same use. Milliken suggests making it
clear that customers can choose either nylon carpet or polyester carpet
if both qualify for a particular use. Milliken specifically referred to
language on page 45267 of Proposed CPG IV.
Response: In the carpet discussion on page 45267 of the proposal,
it was not EPA's intention to favor one type of carpet product over
another. However, since the proposal, EPA issued a notice of data
availability (NODA) announcing the availability of information on nylon
carpet submitted both during and after the public comment period and
provides a summary of the revisions EPA is considering making to the
draft RMAN for nylon carpet as a result of this information. (See the
CPG IV final rule, published in the rules section of today's Federal
Register, and IV.A.3. of this preamble for further discussion of the
NODA.) EPA will consider information and data submitted in response to
the NODA when issuing the final RMAN recommendations for nylon carpet
in the future. The NODA can be accessed at http://www.epa.gov/cpg.

Supporting materials and public comments for this notice are available
through EPA's electronic public docket and comment system. If EPA moves
forward with a nylon carpet designation, it will ensure that the
distinction between the Agency's recommendations for both polyester and
nylon carpet are clear.
2. Cement and Concrete Containing Cenospheres and Silica Fume
Comment: The American Portland Cement Association (APCA) is a trade
association representing virtually all domestic portland cement
production. APCA submitted a comment suggesting mostly minor technical
and administrative changes to EPA's draft recommendation. These
recommended changes primarily pertain to citing ASTM specifications and
the way to express the recommended range of recovered content of silica
fume and cenospheres in cement and concrete. APCA suggested that the
RMAN recommendations for silica fume in cement and concrete should be 5
to 10 percent of cementitious material on a dry weight basis and those
for cenospheres in cement and concrete should be a minimum of 10
percent by volume.
Response: After reviewing APCA's comments, EPA agrees the proposed
changes should be cited in the RMAN. Although EPA acknowledges that we
inadvertently cited ASTM C-618 as applicable to cenospheres used in
cement and concrete, the Agency believes there is still justification
for designating cement and concrete containing cenospheres and that
appropriate recommendations can be made in the RMAN, since all
suppliers of cenospheres have specifications, including Material Safety
Data Sheets, for their cenospheres. EPA believes that the recovered
material content information suggested by APCA is more appropriate than
the ASTM specifications contained in the draft RMAN. Therefore, in the
final RMAN, EPA has changed the information regarding recovered content
ranges for silica fume in cement and concrete to ``5 to 10 percent of
cementitious material on a dry weight basis'' and to ``a minimum of 10
percent by volume'' for cenospheres.
Comment: The National Ready Mixed Concrete Association (NRMCA)
submitted a comment indicating that the concrete industry has no
history of purchasing cenospheres as an ingredient and that concrete
producers have not been buying it as a product separate from fly ash
for use in concrete. In addition, ASTM C-618 does not address
cenospheres, and there is no technical literature documenting their use
in concrete. NRMCA added that the presence of cenospheres in fly ash
occurs naturally so the generation facility for fly ash has no control
over

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whether it can be produced. It depends on many factors, including type
of coal being used, plant type, and firing conditions. Furthermore,
NRMCA indicated that the variety of cenospheres discussed in EPA's
proposal are used for applications other than cement and concrete.
Moreover, the cenosphere range of 10-15 percent is typically the amount
of fly ash used in cement. The cenospheres content would be 1/10th of
the fly ash, if at all.
NRMCA also commented on the use of silica fume in cement and
concrete. They indicated that silica fume in cement is only used for
high performance applications and should only be used when the
construction application requires it. In addition, its availability is
not as wide as other products, and its cost is much higher. Finally,
demand for silica fume is so high that a large percentage is imported
from Europe, which begs the question of whether silica fume would ever
be diverted to a landfill in the first place.
Response: With regard to NRMCA's comment about the use of
cenospheres, EPA explained in the proposed CPG that cenospheres are a
component of fly ash. EPA's research found that cenospheres can be and
are separated and removed from fly ash and sold and used as a recovered
material. EPA's research also found that there is a market, albeit
small, for high-strength cement to which recovered cenospheres,
specifically, have been added. EPA has adjusted its recommendations to
reflect cement and concrete to which only cenospheres have been added.
EPA spoke with several suppliers of cenospheres who indicated that
their product is used in producing this type of specialty cement. EPA
recognizes that it inadvertently cited ASTM C-618 as applying to cement
with cenospheres, when in actuality, it applies to fly ash and raw or
calcinated pozzolan for use as an admixture in concrete. As previously
stated, although no industry standards exist for cement and concrete
containing cenospheres alone, EPA learned that suppliers of cenospheres
have specifications available for the cenospheres themselves, including
Material Safety Data Sheets. EPA has removed reference to ASTM C-618 in
the final RMAN. EPA agrees that in typical cement containing fly ash,
the percent of cenospheres would be about \1/10\ that of the fly ash.
However, in the cases where cenospheres have been specifically added to
produce a high-strength specialty cement, the percentage of cenospheres
alone can reach 10-40 percent, according to contacts in the industry.
With regard to NRMCA's comment on silica fume in cement, EPA
agrees, and its research did find, that cement containing silica fume
is a high-performance product that may cost more than other types of
cement. However, in issuing recommendations for silica fume (and
cenospheres), EPA is simply expanding the list of recommended recovered
materials used in cement in concrete. If an application warrants the
use of higher-strength concrete, an agency now has recommendations for
procuring cement and concrete containing silica fume. Agencies,
however, will not be limited to using cement and concrete containing
silica fume, or cenospheres for that matter. Also, it should be noted
that EPA's research found that in a recent year 115,000 tons of silica
fume were generated and only 67,200 tons were reused. So, regardless of
whether silica fume is being imported from other countries, there is
obviously a need to encourage more reuse of silica fume that is
generated domestically.
3. Nylon Carpet and Nylon Carpet Backing
EPA received a number of comments on its proposed designation of
nylon carpet in the proposed CPG IV and its recovered materials content
recommendations for nylon carpet face fiber and nylon carpet backing
contained in the draft RMAN IV. Many of these comments provided
additional information that was conflicting in nature. As a result of
these comments, EPA decided not to finalize the designation of nylon
carpet face fiber and nylon carpet backing at this time. EPA instead
issued a NODA on July 16, 2003 (68 FR 42040) announcing the
availability of information on nylon carpet submitted both during and
after the public comment period and provided a summary of the revisions
EPA is considering making to the draft RMAN for nylon carpet as a
result of this information. EPA will consider information and data
submitted in response to this notice when issuing the final RMAN
recommendations for nylon carpet in the future. The NODA can be
accessed at http://www.epa.gov/cpg. Supporting materials and public

comments submitted in response to the NODA are available through EPA's
electronic public docket and comment system, EPA Dockets [EDOCKET]. The
docket number is RCRA-2003-0013.
4. Roofing Materials
Comment: Nuline believes that there is a significant omission in
the background document. Nuline provided language to recognize its
product--organic corrugated asphalt panels and tiles--as part of the
designation in the Residential Roofing section. Nuline requested that
EPA insert the language into Section 1.e of the background document
following the designation for Organic Corrugated Asphalt Panels and
Tiles.
Response: In its research, EPA included discussion of Nuline's
roofing product in the section addressing ``fiber'' products, since the
product contains 50 percent cellulose fibers. EPA's research found that
asphalt roofing products do not typically contain recovered asphalt, so
the Agency placed items such as those made by Nuline in the ``Fiber''
category. To make it clearer, EPA has changed the material to ``Fiber
or Fiber Composite'' in the RMAN table to capture companies making
roofing products both from fiber alone or fiber combined with other
materials, such as asphalt or wood. EPA has also adjusted the
recommended postconsumer and total recovered content to 50-100 percent
to reflect information provided by the commenter. In addition, upon
designation, Nuline and other companies will be added to EPA's online
Supplier Database.
5. Office Furniture
Comment: Pacific Northwest Fiber (PNF), the Idaho State Department
of Agriculture, and the Spokane County Conservation District submitted
comments in support of the designation of office furniture, since it
would establish new uses for diverted agriculture fiber, such as grass
seed residue, wheat straw, rice straw, bagasse, and other agricultural
products. All three commenters noted competition from the forest
products industry. PNF believes particle board made from agricultural
fiber or from wood or other materials diverted from the solid waste
stream would qualify as recovered material, but that traditional wood
particle board would not qualify as recovered material because it is
manufactured from wood fiber ``generated from, and commonly reused
within an original manufacturing process.''
Response: EPA agrees that diverted agricultural fibers that meet
the statutory definition of ``recovered materials'' would be included
in office furniture designated in the CPG. Traditional wood particle
board would not contain recovered materials if the recovered wood fiber
is generated from, and is commonly used within, the original
manufacturing process to manufacture particle board. However, EPA's
research found that some particle

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board manufacturers are using materials that fall under the RCRA
definitions of postconsumer and recovered materials. Examples of
postconsumer materials used in particle board include used pallets and
wood crating, and recovered wood from home deconstruction. Examples of
non-postconsumer recovered materials used in particle board include
mill wastes, scraps, and trimmings from the lumber industry.\2\
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\2\ As noted in the final RMAN IV recommendations for office
furniture, while EPA has no evidence or indication that wood treated
with chromated copper arsenate (CCA) is currently used in office
furniture, EPA is not recommending the use of CCA-treated wood as a
recovered material in office furniture. The arsenic in CCA is a
known human carcinogen and EPA is currently conducting a thorough
and comprehensive risk assessment of CCA as a part of the pesticide
reregistration process for CCA. In addition, EPA is conducting a
risk assessment for children who contact CCA-treated wood playsets
and decks.
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Comment: The Composite Panel Association (CPA) commented on the
level of recovered wood used in the manufacture of particle board and
fiberboard. Based on its survey of the industry and subsequent
findings, CPA recommends that EPA change the postconsumer content range
in the RMAN from ``1 to 50 percent'' to ``Greater than 0 percent'' with
no upper level value. In addition, CPA asserts that nearly all
manufacturers use a high percentage of recovered material and that the
total recovered content range should be changed to ``Greater than 80
percent'' with no upper limit.
Response: At the time of EPA's proposed rulemaking, CPA had
provided information that some particleboard (PB)/medium density
fiberboard (MDF) plants use a small amount of postconsumer wood in
their products. Based on this initial information, EPA set the lower
level of the postconsumer range at 1 percent. However, based on the
subsequent information provided by CPA, EPA now recognizes that,
although the PB/MDF industry does use some postconsumer wood, it is not
always feasible, mostly due to logistical reasons. For example, CPA
indicated that many PB/MDF plants are located near the raw material
source, such as sawmills and plywood plants, which means they are often
far from urban areas where most postconsumer wood waste is available.
Furthermore, EPA recognizes that many plants, if they are able to
obtain postconsumer wood, are not able to obtain enough to equate to 1
percent of their final product. Therefore, EPA has concluded that the
recommended postconsumer content level should be ``Greater than 0
percent.'' In addition, since a high level of recovered wood is
commonly used by the industry, EPA is recommending a total recovered
content range of 80--100 percent, which represents what is currently
being used in the industry.
Additional Revision for Office Furniture RMAN: EPA realizes that,
in the particleboard recommendation in Table G-9 of the draft RMAN, we
inadvertently recommended recycled content levels only for ``wood
composites.'' EPA's recommendation should have read ``wood or wood
composites.'' The final RMAN corrects this error.
6. Blasting Grit
Comment: The Utility Solid Waste Activities Group (USWAG) c/o
Edison Electric Institute and the American Coal Ash Association (ACAA)
commented that there was an erroneous reference to the Bevill
Regulatory Determination on Wastes from the Combustion of Fossil Fuels
as a ``final rule.'' This was actually issued as a ``regulatory
determination,'' which is legally distinct from a final rule. In
addition, USWAG and ACAA pointed out what they believe was an oversight
in including only coal slag, but not bottom ash, in the RMAN
specification.
Response: EPA agrees that the ``Regulatory Determination on Wastes
from Combustion of Fossil Fuels'' was issued as a ``regulatory
determination,'' rather than as a final rule, and understands that
there is a legal distinction between the two terms. EPA also agrees
that it inadvertently omitted bottom ash from its RMAN recommendations.
EPA's research found that `` * * * bottom ash can also be used as a
light-to medium-duty blasting grit.'' Therefore, in this final notice,
EPA has amended the RMAN table to add 100 percent total recovered
content bottom ash as a recommended recovered material for blasting
grit.
Comment: During the public comment period, Environmental Abrasives
(formerly Idaho Powder Products) submitted information on its recycled
fused alumina oxide material, which it has researched, developed,
patented, and is processing for use as an abrasive material. According
to the company, the material is the waste product from the manufacture
of cast fused alumina oxide containers and lab equipment, and since the
material is typically landfilled, it presents a solid waste problem
that can be alleviated by collection and use as an abrasive product.
Environmental Abrasives' product is marketed in the same cost range, if
not less, than other similar products. The product has already been
used for a federally funded job in Nevada.
Response: Since this fused alumina oxide material is an appropriate
material for use as an abrasive, and it meets EPA's criteria and
definition of recovered material, EPA has added it to the final RMAN
table as a recommended material. Although EPA is unaware of any ASTM or
other industry specifications for this material used as an abrasive,
Environmental Abrasives indicated that users can request instruction
for proper use of the product on its Web site http://www.enviroabrasives.com
.

V. Supporting Information and Accessing Internet

The index of supporting materials for today's final CPG IV is
available in the EPA Docket Center and on the Internet. The address and
telephone number of the EPA Docket Center are provided in the
SUPPLEMENTARY INFORMATION Section above. The index and the following
supporting materials are available in the EPA Docket Center and on the
Internet:
``Background Document for the Final CPG IV/RMAN IV,'' U.S. EPA,
Office of Solid Waste and Emergency Response, September 2003.
Copies of the following supporting materials are available for
viewing at the EPA Docket Center only:
``Economic Impact Analysis for the Final Comprehensive Procurement
Guideline IV,'' U.S. Environmental Protection Agency, September 2003.
``Processing and characterization of a lightweight concrete using
cenospheres,'' Journal of Materials Science, Vol. 37, 4217-4225,
October 1, 2002.
To access information on the Internet go to http://www.epa.gov/cpg.

Dated: April 22, 2004.
Michael O. Leavitt,
Administrator.

Recovered Materials Advisory Notice IV

The following represents EPA's recommendations to procuring
agencies for purchasing the items designated today in the Comprehensive
Procurement Guideline IV in compliance with section 6002 of the
Resource Conservation and Recovery Act (RCRA) and section 502(b) of
E.O. 13101. These recommendations are intended to be used in
conjunction with the RMANs issued on May 1, 1995 (60 FR 21386),
November 13, 1997 (62 FR 60975), and January 19, 2000 (65 FR 3082), and
the Paper Products RMANs issued on May 29, 1996 (61 FR 26985) and June
8, 1998 (63 FR 31214). Refer to May 1, 1995, November 13, 1997, and
January 19, 2000 RMANs for definitions,

[[Page 24044]]

general recommendations for affirmative procurement programs, and
recommendations for previously designated items. In the case of cement
and concrete, polyester carpet, railroad grade crossing surfaces, latex
paint, and retread tires, the recommendations published today revise
the previous recommendations issued in RMAN I, RMAN II, and RMAN III.

Contents

I. General Recommendations
II. Specific Recommendations for Procurement of Designated Items
Part B. Vehicular Products
Section B-2 (Revised) Retread Tires
Section B-4. Rebuilt Vehicular Parts.
Part C. Construction Products
Section C-3. (Revised) Cement and Concrete Containing Coal Fly
Ash, Ground Granulated Blast Furnace Slag, Cenospheres, and Silica
Fume From Silicon or Ferrosilicon Metal Production.
Section C-4. (Revised) Recommendations for Polyester Carpet.
Section C-7. (Revised) Specification for Reprocessed and
Reconsolidated Latex Paints for Specified Uses
Section C-10. (Revised) Railroad Grade Crossing Surfaces Made
From Recovered Content Concrete, Rubber, Steel, Wood, and Plastic.
Section C-11. Modular Threshold Ramps Containing Recovered
Steel, Aluminum, or Rubber.
Section C-12. Nonpressure Pipe Containing Recovered Steel,
Plastic, or Cement.
Section C-14. Roofing Materials Containing Recovered Steel,
Aluminum, Fiber, Rubber, Plastic or Plastic Composites, or Cement.
Part G. Nonpaper Office Products
Section G-9. Office Furniture Containing Recovered Steel,
Aluminum, Wood, Agricultural Fiber, or Plastic.
Part H. Miscellaneous Products
Section H-8. Bike Racks Containing Recovered Steel or Plastic.
Section H-9. Blasting Grit Containing Recovered Steel, Coal and
Metal Slag, Bottom Ash, Glass, Plastic, Fused Alumina Oxide, or
Walnut Shells.

I. General Recommendations

General recommendations for definitions, specifications, and
affirmative procurement programs can be found in the May 1, 1995 RMAN
(60 FR 21386). Procuring agencies should avoid specifications that may
result in unintentional barriers to purchasing designated items, such
as packaging, color, or cosmetic requirements that have no bearing on
the item's functionality or performance, but that might prevent its
purchase with the highest percentage recovered materials practicable.

II. Specific Recommendations for Procurement of Designated Items

Recommendations for purchasing previously-designated items can be
found in the May 1, 1995, November 13, 1997, and January 19, 2000
RMANs, and the May 29, 1996 and June 8, 1998 Paper Products RMANs.
Revised recommendations for cement and concrete, polyester carpet,
railroad grade crossing surfaces, latex paint, and retread tires are
included in today's notice.

Part B--Vehicular Products

Section B-2. (Revised) Retread Tires

Note:
EPA learned that the U.S. General Services Administration (GSA)
Federal Tire Program's Quality Assurance Facility Inspection Program
(QAFIP) is defunct. Therefore, EPA is revising the retread tire
recommendations by deleting reference to the GSA QAFIP. The
following are EPA's revised recommendations for procuring retreading
services and retread tires. These recommendations replace those
issued in RMAN I (60 FR 21386, May 1, 1995).
Procurement of tire retreading services for the agencies' used
tire casings: EPA recommends that procuring agencies specify that
tire repair and retread services must conform to Federal
Specification ZZ-T-441H (or current version).
Procurement of tires through competition between vendors of new
tires and vendors of retread tires: EPA recommends that procuring
agencies specify that retread tires must meet the requirements of
Federal Specification ZZ-T-381, ``Tires, Pneumatic, Vehicular
(Highway) (New and Retreaded).

Section B-4. Rebuilt Vehicular Parts

Note:
Based on EPA's research, rebuilt vehicular parts generally
contain between 60 and 95% postconsumer material. However, this
level of detail might not be readily available from distributors to
procurement officials. Therefore, EPA is not recommending a range of
recovered content.

Preference Program: EPA recommends that procuring agencies whose
vehicles (passenger vehicles as well as medium- and heavy-duty
equipment, including trucks, cranes, off-road vehicles, and military
vehicles) are serviced by a motor pool or vehicle maintenance facility
establish a service contract to require the use of rebuilt vehicular
parts in the agencies' vehicles or establish a program for vehicular
parts rebuilding and reuse consisting of either recovering a used
vehicular part and rebuilding it, replacing it with a rebuilt part, or
contracting to have the part replaced with a rebuilt part. This
designation applies to vehicles served by both on-site and commercial
facilities.
Specifications: To be labeled ``rebuilt'' or ``remanufactured,'' a
part must be processed in accordance with the FTC's ``Guides for the
Rebuilt, Reconditioned and Other Used Automotive Parts Industry,'' 16
CFR part 20. Rebuilders must test each part for compliance with FTC
specifications and correct defects as necessary.

Part C--Construction Products

Section C-3. (Revised) Cement and Concrete Containing Coal Fly Ash,
Ground Granulated Blast Furnace Slag, Cenospheres, and Silica Fume From
Silicon or Ferrosilicon Metal Production

Note:
Following are EPA's revised recommendations for procuring cement
and concrete. EPA previously designated cement and concrete
containing coal fly ash and ground granulated blast furnace slag
(GGBF) in CPG I and provided information about recovered materials
content in RMAN I (60 FR 21386, May 1, 1995). EPA has amended the
designation to add cenospheres and silica fume from silicon or
ferrosilicon metal production as other recovered materials for use
as cement and concrete additives. Procuring agencies should
substitute these recommendations for the recommendations found in
section C-3 of RMAN I.

Preference Program: EPA recommends that procuring agencies prepare
or revise their procurement programs for cement and concrete or for
construction projects involving cement and concrete to allow the use of
coal fly ash, ground granulated blast furnace slag (GGBF slag),
cenospheres, or silica fume, as appropriate. EPA does not recommend
that procuring agencies favor one recovered material over the other.
Rather, EPA recommends that procuring agencies consider the use of all
of these recovered materials and choose the one (or the mixture of
them) that meets their performance requirements, consistent with
availability and price considerations. EPA also recommends that
procuring agencies specifically include provisions in all construction
contracts to allow for the use, as optional or alternate materials, of
cement or concrete which contains coal fly ash, GGBF slag, cenospheres,
or silica fume, where appropriate. Due to variations in cement,
strength requirements, costs, and construction practices, EPA is not
recommending recovered materials content levels for cement or concrete
containing coal fly ash, GGBF slag, cenospheres, or silica fume.
However, EPA is providing the following information about recovered
materials content.
Replacement rates of coal fly ash for cement in
the production of blended cement generally do not exceed 20-30 percent,
although coal fly ash blended cements may range from 0-40 percent

[[Page 24045]]

coal fly ash by weight, according to ASTM C 595, for cement Types IP
and I(PM). Fifteen percent is a more accepted rate when coal fly ash is
used as a partial cement replacement as an admixture in concrete.
According to ASTM C 595, GGBF slag may replace
up to 70 percent of the Portland cement in some concrete mixtures. Most
GGBF slag concrete mixtures contain between 25 and 50 percent GGBF slag
by weight. EPA recommends that procuring agencies refer, at a minimum,
to ASTM C 595 for the GGBF slag content appropriate for the intended
use of the cement and concrete.
According to industry sources, cement and
concrete containing cenospheres typically contains a minimum of 10
percent cenospheres (by volume).
According to industry sources, cement and
concrete containing silica fume typically contains silica fume that
constitutes 5 to 10 percent of cementitious material on a dry weight
basis.
Specifications for Cement and Concrete Containing Fly Ash and
Ground Granulated Blast Furnace Slag: For cement and concrete
containing coal fly ash and ground granulated blast furnace slag, the
following recommendations address guide specifications, materials
specifications, contract specifications, performance standards, mix
design, and quality control.
Guide specifications. EPA recommends that
procuring agencies ensure that their guide specifications do not
inappropriately or unfairly discriminate against the use of coal fly
ash or GGBF slag in cement and concrete. EPA further recommends that
procuring agencies revise their guide specifications to require that
contract specifications for individual construction projects or
products allow for the use of coal fly ash or GGBF slag, unless the use
of these materials is technically inappropriate for a particular
construction application.
Materials specifications. EPA recommends that
procuring agencies use the existing voluntary consensus specifications
referenced in Table C-3 for cement and concrete containing fly ash and/
or GGBF slag.

Table C-3.--Recommended Specifications for Cement and Concrete
Containing Recovered Coal Fly Ash and/or Ground Granulated Blast Furnace
Slag
------------------------------------------------------------------------
Cement specifications Concrete specifications
------------------------------------------------------------------------
ASTM C 595, ``Standard ASTM C 618, ``Standard Specification
Specification for Blended for Fly Ash and Raw or Calcined
Hydraulic Cements.'' Natural Pozzolan for Use as a
Mineral Admixture in Portland
Cement Concrete.''
-----------------------------------
ASTM C 150, ``Standard ASTM C 311, ``Standard Methods of
Specification for Portland Sampling and Testing Fly Ash and
Cement.'' Natural Pozzolans for Use as a
Mineral Admixture in Portland
Cement Concrete.''
-----------------------------------
AASHTO M 240, ``Blended Hydraulic ASTM C 989, ``Ground Granulated
Cements.'' Blast-Furnace Slag for Use in
Concrete Mortars.''
-----------------------------------
AASHTO M 302, ``Ground Granulated
Blast Furnace Slag for Use in
Concrete and Mortars.''
-----------------------------------
American Concrete Institute Standard
Practice ACI 226.R1, ``Ground
Granulated Blast-Furnace Slag as a
Cementitious Constituent in
Concrete.''
------------------------------------------------------------------------

State specifications. EPA recommends that
procuring agencies consult other agencies with established
specifications for coal fly ash or GGBF slag to benefit from their
experience. Procuring agencies can consult the Federal Highway
Administration, which maintains a data base of State highway agency
material specifications. The States of Alabama, Connecticut, District
of Columbia, Florida, Georgia, Illinois, Indiana, Maryland, Michigan,
North Carolina, North Dakota, Ohio, Pennsylvania, South Carolina,
Virginia, and West Virginia have adopted specifications which allow the
use of GGBF slag in one or more applications. If needed, procuring
agencies can obtain these specifications from the respective State
transportation departments and adapt them for use in their programs for
cement and concrete, as appropriate.
Contract specifications. EPA recommends that
procuring agencies which prepare or review ``contract'' specifications
for individual construction projects revise those specifications to
allow the use of cement and concrete containing coal fly ash or GGBF
slag as optional or alternate materials for the project, where
appropriate, consistent with the agencies' performance and price
objectives.
Performance standards. EPA recommends that
procuring agencies review and, if necessary, revise performance
standards relating to cement or concrete construction projects to
insure that they do not arbitrarily restrict the use of coal fly ash or
GGBF slag, either intentionally or inadvertently, unless the
restriction is justified on a job-by-job basis: (1) to meet reasonable
performance requirements for the cement or concrete or (2) because the
use of coal fly ash or GGBF slag would be inappropriate for technical
reasons. EPA recommends that this justification be documented based on
specific technical performance information. Legitimate documentation of
technical infeasibility for coal fly ash or GGBF slag can be for
certain classes of applications, rather than on a job-by-job basis.
Procuring agencies should reference such documentation in individual
contract specifications to avoid extensive repetition of previously
documented points. However, procuring agencies should be prepared to
submit such documentation to analysis by interested persons, and should
have a review process available in the event of disagreements.
Mix design. In concrete mix design
specifications which specify minimum cement content or maximum water,
the cement ratios could potentially unfairly discriminate against the
use of coal fly ash or GGBF slag. Such specifications should be changed
in order to allow the partial substitution of coal fly ash or GGBF slag
for cement in the concrete mixture, unless technically inappropriate.
Cement ratios may be retained, as long as they reflect the cementitious
characteristics which coal fly ash or GGBF slag can impart to a
concrete mixture, e.g., by considering Portland cement plus coal fly
ash or Portland cement plus GGBF slag as the total cementitious
component.

[[Page 24046]]

Quality control. Nothing in this RMAN should be
construed to relieve the contractor of responsibility for providing a
satisfactory product. Cement and concrete suppliers are already
responsible both for the quality of the ingredients of their product
and for meeting appropriate performance requirements, and will continue
to be under this RMAN. Nothing in EPA's recommendations should be
construed as a shift in normal industry procedures for assigning
responsibility and liability for product quality.
Additional Considerations:
Procuring agencies should expect suppliers of
blended cement, coal fly ash or GGBF slag, and concrete to demonstrate
(through reasonable testing programs or previous experience) the
performance and reliability of their product and the adequacy of their
quality control programs. However, procuring agencies should not
subject cement and concrete containing coal fly ash or GGBF slag to any
unreasonable testing requirements.
In accordance with standard industry practice,
coal fly ash and GGBF slag suppliers should be required to provide to
users a statement of the key characteristics of the product supplied.
These characteristics may be stated in appropriate ranges. Other
characteristics should be requested as needed by the procuring agency.
Agencies desiring a testing or quality assurance
program for cements, blended cements, or coal fly ash should contact
the U.S. Army Engineer Waterways Experiment Station, PO Box 631,
Vicksburg, Mississippi 39180.
Specifications for Cement and Concrete Containing Cenospheres and
Silica Fume: For cement and concrete containing cenospheres, EPA
recommends that procuring agencies contact cenosphere suppliers to
obtain specifications, such as material safety data sheets for
assisting with use of cenospheres in cement and concrete.
For cement and concrete containing silica fume, EPA recommends that
procuring agencies refer to the following national specifications and
guidelines, which enable procuring agencies to buy high-performance
concrete containing silica fume of a standard quality, when purchasing
cement and concrete with silica fume: ASTM C1240, AASHTO M840, and ACI
234R-96. ACI 234R-96 describes the properties of silica fume; how
silica fume interacts with cement; the effects of silica fume on the
properties of fresh and cured concrete; typical applications of silica
fume concrete; recommendations on proportions, specifications, and
handling of silica fume in the field.
Section C-4. (Revised) Recommendations for Polyester Carpet

Note: On May 1, 1995, EPA issued a final designation for
polyester carpet containing recovered materials in CPG I (60 FR
21370). EPA has revised the polyester carpet recommendations to
reference the new Carpet and Rug Institute (CRI) classifications and
specify that the recommendations be limited to moderate-wear
applications such as those found in single-family housing units and
similar applications as identified by CRI.

Preference Program: EPA recommends that, based on the recovered
materials content levels recommended for polyester carpet in CPG I,
procuring agencies establish minimum content standards for use in
purchasing polyester carpet for moderate-wear applications such as
those found in single-family housing units and other similar
applications as identified by the Carpet and Rug Institute (CRI). This
recommendation does not include polyester carpet for heavy-or severe-
wear or commercial-type applications.
Specifications: Procuring agencies should refer to CRI's table
entitled ``Use Classification by End-Use Application'' for a complete
listing of CRI's recommended carpet applications. A copy of this table
has been placed in the public docket for this RMAN.
Procuring agencies should also refer to GSA's minimum density
recommendations, as follows:
Cut pile constructions: 5,000 ounces/yard\3\
minimum density
Loop pile constructions: 4,500 ounces/yard\3\
minimum density
While numerous carpet specifications exist, the members of the
carpet industry do not utilize any universal standards. Specifications
vary and are determined based on the particular factors of the
installation. The project's designer, architect, general contractor,
and/or facility manager typically decide the specifications. Some
procuring agencies, such as the Department of the Army and the
Department of Housing and Urban Development, have developed their own
specifications for end-use carpet applications. These specifications
should be readily available to procurement officials in those agencies.
Section C-7. (Revised) Specification for Reprocessed and Reconsolidated
Latex Paints for Specified Uses
EPA is deleting reference to Federal specification TT-P-2846, which
was cancelled by GSA, and recommends that procuring agencies refer to
commercial item description (CID) A-A-3185 instead when purchasing
recycled paint.
Section C-10. (Revised) Railroad Grade Crossing Surfaces Made From
Recovered Content Concrete, Rubber, Steel, Wood, and Plastic

Note: EPA previously designated railroad grade crossing surfaces
made from recovered content concrete, rubber, and steel (65 FR
3070).

Preference Program: EPA recommends that, based on the recovered
materials content levels shown in Table C-10a (Revised), procuring
agencies revise their procurement programs for railroad grade crossing
surfaces to allow the use of recovered content concrete, rubber, steel,
wood, and plastic railroad grade crossing surfaces.

Table C-10a. (Revised).--Recommended Recovered Materials Content Levels
for Railroad Grade Crossing Surfaces Made From Recovered Content
Concrete, Rubber, Steel, Wood, and Plastic
------------------------------------------------------------------------
Total
recovered
Surface material Recovered Postconsumer materials
material content (%) content
(%)
------------------------------------------------------------------------
Concrete..................... Coal Fly Ash... ............ 15-20
Rubber....................... Tire Rubber.... ............ 85-95
Steel........................ Steel.......... 16 25-30
67 100
Wood......................... Wood or wood 90-97 90-97
composite.
Plastic...................... Plastic or 85-95 100
plastic
composite.
------------------------------------------------------------------------

[[Page 24047]]

Notes: The recommended recovered materials content levels for
rubber railroad grade crossing surfaces are based on the weight of
the raw materials, exclusive of any additives such as binders or
other additives.
Coal fly ash can be used as an ingredient of concrete slabs,
pavements, or controlled density fill product, depending on the type
of concrete crossing system installed. Higher percentages of coal
fly ash can be used in the concrete mixture; the higher percentages
help to produce a more workable and durable product but can prolong
the curing process.
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 materials, of which 16% is postconsumer steel.
Steel from the EAF process contains a total of 100% recovered steel,
of which 67% is postconsumer.

Railroad grade crossing surfaces made from recovered wood may
also contain other recovered materials such as plastics. The
percentages 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,
Rubber, or Aluminum
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, Rubber, or Aluminum
------------------------------------------------------------------------
Total
recovered
Material Postconsumer material
content (%) content
(%)
------------------------------------------------------------------------
Steel......................................... 16-67 25-100
Aluminum...................................... ............ 10
Rubber........................................ 100 100
------------------------------------------------------------------------

Notes: The recommended recovered materials content levels for
steel in this table reflect the fact that the designated item may
contain steel manufactured in either a Basic Oxygen Furnace (BOF) or
an Electric Arc Furnace (EAF), or a combination of both. Steel from
the BOF process contains 25%-30% total recovered steel, of which 16%
is postconsumer. Steel from the EAF process contains 100% total
recovered steel, of which 67% is postconsumer. According to industry
sources, modular threshold ramps containing a combination of BOF and
EAF steel would contain 25%-85% total recovered steel, of which 16%-
67% would be postconsumer. Since there is no way of knowing which
type of steel was used in the manufacture of the item, the
postconsumer and total recovered material content ranges in this
table encompass the whole range of possibilities, i.e., the use of
EAF steel only, BOF steel only, or a combination of the two.
These recommendations are for modular threshold ramps. EPA
understands that ramps may also be constructed of cement and
concrete. For these ramps, procuring agencies should follow the
procurement guidelines for cement and concrete containing recovered
materials.

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

Table C-12a.--Recommended Recovered Materials Content Levels for
Nonpressure Pipe Containing Recovered Steel, Plastic, or Cement
------------------------------------------------------------------------
Total
recovered
Material Postconsumer materials
content (%) content
(%)
------------------------------------------------------------------------
Steel......................................... 16 25-30
67 100
HDPE.......................................... 100 100
PVC........................................... 5-15 25-100
Cement........................................ Refer to cement and
concrete recommendations
in C-3 of the RMAN.
------------------------------------------------------------------------

Note: 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.

[[Page 24048]]

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 Chloride) (PVC) and
Chlorinated Poly(Vinyl Chloride) (CPVC) Compounds for Plastic Pipe and
Fittings 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 limitations 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
----------------------------------------------------------------------------------------------------------------
Material Description AASHTO specifications ASTM specifications
----------------------------------------------------------------------------------------------------------------
Zinc Coated Sheets and Coils...... Steel base metal* with 610 M-218.................. A929M
g/m2 (2 oz/ft2) zinc
coating.
Polymer Coated Sheets and Coils... Polymer coatings applied M-246.................. A742M
to sheets* and coils*
9.25 mm (0.010 in.)
thickness each side.
Fiber Bonded Coated Coils......... Steel base metal with zinc ....................... A885
coating and fibers
pressed into the zinc
while molten to form
fiber bonded coating.
Aluminum Coated................... Steel base metal* coated M-274.................. A929M
with 305 g/m2 (1 oz/ft2)
of pure aluminum.
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 M-36................... A760M
steel pipe.
Polymeric pre-coated sewer M-245.................. A762M
and drainage pipe.
Fiber bonded impregnated ....................... A760M
corrugated steel pipe.
Aluminized corrugated M-36................... A760M
steel pipe.
Structural plate pipe..... M-167.................. A761M
Asphalt Coated Steel Sewer Pipe... Corrugated steel pipe of M-190.................. A849, A862
any of the types shown
above with a 1.3 mm
(0.0050 in.) high purity
asphalt cover.
Invert Paved Steel Sewer Pipe..... Corrugated steel pipe of M-190.................. A849, A862
any one for the types
shown above with an
asphalt pavement poured
in the invert to cover
the corrugation by 3.2 mm
(\1/8\ in.).
Fully Lined Steel................. With an internal asphalt M-190.................. A849, A862
lining centrifugally spun
in place.
Corrugated steel pipe with M-36................... A760M
a single thickness of
smooth sheet fabricated
with helical ribs
projected outward.
With an internal concrete M-36................... A760M
lining in place.
Corrugated steel pipe with M-36................... A760M
a smooth steel linter
integrally formed with
the corrugated shell.
Cold Applied Bituminous Coatings.. Fibrated mastic or coat M-243.................. A849
tar base coatings of
various viscosities for
field or shop coating of
corrugated pipe or
structural plate.
Gaskets and Sealants.............. Standard O-ring gasket.... ....................... D1056
Gasket strips, butyl or C361
neoprene.
----------------------------------------------------------------------------------------------------------------
Notes: * Yield point 0230 Mpa (33 ksi) min.; tensile strength--310 Mpa (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.

[[Page 24049]]

Table C-12e.--American Association of State Highway and Transportation
Officials Pipe Specifications (1994)
------------------------------------------------------------------------

-------------------------------------------------------------------------
M252-93, Corrugated Polyethylene Drainage Tubing.
M294-93, Corrugated Polyethylene Pipe.
M278, Class PS 46 Polyvinyl Chloride (PVC) Pipe.
Section 18, Standard Specifications for Highway Bridges.
------------------------------------------------------------------------

Section C-14. Roofing Materials Containing Recovered Steel, Aluminum,
Fiber, Rubber, Plastic or Plastic Composites, or Cement
Preference Program: EPA recommends that, based on the recovered
materials content levels shown in Table C-14, procuring agencies
establish minimum content standards for use in purchasing or procuring
roofing materials or services. EPA's research indicates that wood
shakes and shingles as well as asphalt/plastic composite roofing
materials can be made from recovered materials, but we were unable to
identify recycled-content percentages in these products. In the case of
asphalt/plastic composite roofing materials, EPA found that the plastic
was the recovered material in the items, not the asphalt.

Table C-14.--Recommended Recovered Materials Content Levels for Roofing
Materials Containing Recovered Steel, Aluminum, Fiber, Rubber, Plastic
or Plastic Composites, or Cement
------------------------------------------------------------------------
Total recovered
Material Postconsumer materials content
content (%) (%)
------------------------------------------------------------------------
Steel............................. 16 25-30
67 100
Aluminum.......................... 20-95 20-95
Fiber (Felt) or Fiber Composite... 50-100 50-100
Rubber............................ 12-100 100
Plastic or Plastic/Rubber 100 100
Composite........................
Wood/Plastic Composite............ ................. 100
Cement............................ Refer to cement and concrete
recommendations in C-3 of the RMAN.
------------------------------------------------------------------------
Note: 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
186 standards for roofing products maintained by ASTM's Committee D08
on Roofing, Waterproofing, and Bituminous Materials. The
specifications, however, do not discuss use of recovered materials, nor
do they preclude the use of recovered materials.

Part G. Nonpaper Office Products

Section G-9. Office Furniture Containing Recovered Steel, Aluminum,
Wood, Agricultural Fiber, and Plastic
Preference Program: EPA recommends that, based on the recovered
materials content levels shown in Table G-9, procuring agencies
establish minimum content standards for use in purchasing office
furniture with recovered materials, including remanufactured or
refurbished office furniture.

Table G-9.--Recommended Recovered Materials Content Levels for Office Furniture
----------------------------------------------------------------------------------------------------------------
Total recovered
Product Material Postconsumer content (%) materials (%)
----------------------------------------------------------------------------------------------------------------
Furniture structure.................... Steel.................... 16....................... 25-30
Furniture structure.................... Aluminum................. ......................... 75-100
Particleboard/Fiberboard component..... Wood or wood composite... Greater than 0........... 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: 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 recovered materials content level of the
item. In addition, while EPA has no evidence or indication that wood
treated with chromated copper arsenate (CCA) is currently used in
office furniture, EPA is not recommending the use of CCA-treated
wood as a recovered material in office furniture. The arsenic in CCA
is a known human carcinogen and EPA is currently conducting a
thorough and comprehensive risk assessment of CCA as a part of the
pesticide reregistration process for CCA. In addition, EPA is
conducting a risk assessment for children who contact CCA-treated
wood playsets and decks.

Specifications: EPA did not identify any standards or
specifications that would preclude government agencies from purchasing
office furniture with recovered materials content or remanufactured or
refurbished office

[[Page 24050]]

furniture. GSA requires that remanufactured furniture meet the same
Underwriters Laboratories, ASTM, and Business and Institutional
Furniture Manufacturer's Association standards and fire codes (Boston
and California) as new furniture.

Part H. Miscellaneous Products

Section H-8. Bike Racks Containing Recovered Steel or Plastic
Preference Program: EPA recommends that, based on the recovered
materials content levels shown in Table H-8, procuring agencies
establish minimum content standards for use in purchasing bike racks.

Table H-8.--Recommended Recovered Materials Content Levels for Bike
Racks
------------------------------------------------------------------------
Total
recovered
Material Postconsumer materials
content (%) content
(%)
------------------------------------------------------------------------
Steel......................................... 16 25-30
HDPE.......................................... 100 100
------------------------------------------------------------------------

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

Table H-9.--Recommended Recovered Materials Content Levels for Blasting
Grit
------------------------------------------------------------------------
Total
Post- recovered
Material consumer materials
content content
(%) (%)
------------------------------------------------------------------------
Steel........................................... 16-67 25-100
Coal Slag....................................... .......... 100
Copper and Nickel Slag.......................... .......... 100
Bottom Ash...................................... .......... 100
Glass........................................... 100 100
Glass/Plastic................................... 20 100
Fused Alumina Oxide............................. 100 100
Walnut Shells................................... .......... 100
------------------------------------------------------------------------

Note: The recommended recovered materials content levels for
steel in this table reflect the fact that the designated item may
contain steel manufactured in either a Basic Oxygen Furnace (BOF) or
an Electric Arc Furnace (EAF), or a combination of both. Steel from
the BOF process contains 25%-30% total recovered steel, of which 16%
is postconsumer. Steel from the EAF process contains 100% total
recovered steel, of which 67% is postconsumer. According to industry
sources, blasting grit containing a combination of BOF and EAF steel
would contain 25%-85% total recovered steel, of which 16%-67% would
be postconsumer. Since there is no way of knowing which type of
steel was used in the manufacture of the item, the postconsumer and
total recovered material content ranges in this table encompass the
whole range of possibilities, i.e., the use of EAF steel only, BOF
steel only, or a combination of the two.

Specifications: EPA did not find any specifications that would
preclude the use of recovered materials in blasting grit. EPA
recommends that procuring agencies exercise OSHA or other required
standard safety practices when using blasting grit, particularly when
using blasting grit containing slag materials.
[FR Doc. 04-9865 Filed 4-29-04; 8:45 am]

BILLING CODE 6560-50-P