[Federal Register Volume 72, Number 178 (Friday, September 14, 2007)]
[Notices]
[Pages 52561-52566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-18149]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-RCRA-2003-0006; FRL-8468-2]
Recovered Materials Advisory Notice V
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Availability of Final Document.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency is providing notice of the
availability of the final Recovered Materials Advisory Notice V (RMAN
V) and supporting materials. The final RMAN V contains EPA's
recommendations for purchasing one new item and one revised item
designated in the final Comprehensive Procurement Guideline (CPG) V,
published elsewhere in this Federal Register. This action harnesses
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 items for which EPA is making recommendations are:
compost made from recovered organic materials and fertilizers made from
recovered organic materials.
DATES: These recommendations apply to the one revised item (i.e.,
compost made from recovered organic materials) and one new item (i.e.,
fertilizers made from recovered organic materials) whose designations
are effective September 15, 2008.
FOR FURTHER INFORMATION CONTACT: Marlene RedDoor, Office of Solid
Waste, Municipal and Industrial Solid Waste Division (5306P),
Environmental Protection Agency, 1200 Pennsylvania Avenue; 703-308-
7276; fax number: 703-308-8686; e-mail address: [email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does This Action Apply to Me?
Final RMAN V provides recommendations to procuring agencies for the
purchasing of items designated in the CPG V final rule. Final CPG V may
affect procuring agencies under RCRA section 6002 that purchase the
following items: compost made from recovered organic materials and
fertilizers made from recovered organic materials, as well as services,
such as landscaping or facilities maintenance that include the supply
or use of compost or fertilizers. Section 6002 defines procuring
agencies to include the following: (1) Any federal agency; (2) any
state or local agency using appropriated federal funds for a
procurement; or (3) any contractors of these agencies who are procuring
these items for work they perform under the contract. See RCRA section
1004(17). The requirements of section 6002 apply to these procuring
agencies only when the agencies procure designated items whose price
exceeds $10,000 or when the quantity of the item purchased in the
previous year exceeded $10,000. A list of entities that the final CPG V
may cover is provided in Table 1.
Table 1.--Entities Potentially Subject to Section 6002 Requirements
Triggered by CPG Amendments
------------------------------------------------------------------------
Category Examples of regulated entities
------------------------------------------------------------------------
Federal Government..................... Federal departments or agencies
that procure $10,000 or more
of a designated item in a
given year
State Government....................... A state agency that uses
appropriated federal funds to
procure $10,000 or more of a
designated item in a given
year
Local Government....................... A local agency that uses
appropriated federal funds to
procure $10,000 or more of a
designated item in a given
year
Contractor............................. A contractor working on a
project funded by appropriated
federal funds that purchases
$10,000 or more of a
designated item in a given
year
------------------------------------------------------------------------
This table is not intended to be exhaustive. To determine whether
the final CPG V applies to your procurement practices, you should
carefully examine the applicability criteria in 40 CFR 247.12. If you
have questions about whether the final CPG V applies to a particular
entity, contact Marlene RedDoor at 703-308-7276.
B. How Can I Get Copies of This Document and Other Related
Information?
1. Docket. EPA has established a docket for this action under
Docket ID No. EPA-HQ-RCRA-2003-0006. Information on the designated
items is also available from the CPG V Docket, ID No. EPA-HQ-RCRA-2003-
0005. Publicly available docket materials are available either
electronically through www.regulations.gov or in hard copy at the OSWER
Docket EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC. This Docket Facility 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.
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/.
Preamble Outline
I. What is the statutory authority for this action?
II. Why is EPA taking this action?
[[Page 52562]]
III. What are the definitions of terms used in this action?
IV. What did commenters say about the recommendations in the draft
RMAN V?
A. Request for Comments
1. Types of Recovered Materials Identified in the Item
Recommendations, and Other Recommendations, Including Specifications
for Purchasing the Designated Items
2. Limitations on the Recovered Organic Materials Contained in
the Fertilizers Proposed by EPA
3. Other Specifications the Agency Should Recommend That Pertain
to Fertilizers Made With Recovered Organic Materials
B. Issue-Specific Comments
1. Use of Compost or Fertilizer Made From Sewage Sludge/
Biosolids on or Near Food and Other Types of Crops
2. Specific Applications
3. Amount of Fertilizers Procured by Federal Agencies
4. Disclosure of Materials Used in Compost
5. Procurement Training; Sample Solicitation, Contract, or EMS
Language; Reporting Procedures
V. How does the Final RMAN V differ from the Draft RMAN V?
VI. Supporting Information and Accessing Internet
I. What is the statutory authority for this action?
As explained above, EPA (``the Agency'') has promulgated an
amendment to the Comprehensive Procurement Guideline (CPG) 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. This amendment is also
consistent with Executive Order 13423, ``Strengthening Federal
Environmental, Energy, and Transportation Management,'' (72 FR 3919,
January 26, 2007), which revoked Executive Order 13101, ``Greening the
Government Through Waste Prevention, Recycling, and Federal
Acquisition,'' (63 FR 49643, September 14, 1998). Per section 2(d)(i)
of Executive Order 13423, the head of each Federal agency shall require
in the agency's acquisition of goods and services the use of, among
other things, recycled content products.
II. Why is EPA taking this action?
Section 6002(e) of RCRA requires EPA to designate items that are or
can be made with recovered materials and to recommend practices to help
procuring agencies meet their obligations for procuring items
designated under RCRA section 6002. After EPA designates an item, RCRA
requires that each procuring agency, when purchasing a designated item,
must purchase that item made of the highest percentage of recovered
materials practicable.
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. Table II below summarizes designations of CPG I-IV
and references the Federal Register publications.
Table II.--CPG I-IV Designations Table
----------------------------------------------------------------------------------------------------------------
Federal Register
Designation Date published reference Numer of items designated
----------------------------------------------------------------------------------------------------------------
CPG I........................... May 1, 1995....... 60 FR 21370....... 19 new, 5 previous in 8 product
categories.
RMAN I.......................... May 1, 1995....... 60 FR 21386....... ......................................
Paper Product RMAN.............. May 29, 1996...... 61 FR 26985....... ......................................
CPG II.......................... November 13, 1997. 62 FR 60962....... 12 new items.
RMAN II......................... November 13, 1997. 62 FR 60975....... ......................................
Paper Product RMAN.............. June 8, 1998...... 63 FR 31214....... ......................................
CPG III......................... January 19, 2000.. 65 FR 3070........ 18 new items.
RMAN III........................ January 19, 2000.. 65 FR 3082........ ......................................
CPG IV.......................... April 20, 2004.... 69 FR 24028....... 7 new, 3 revised.
RMAN IV......................... April 30, 2004.... 69 FR 24039....... ......................................
----------------------------------------------------------------------------------------------------------------
On December 10, 2003, EPA proposed a fourth update to the CPG, the
proposed CPG V (68 FR 68813), with a companion draft RMAN V (68 FR
68919) which are finalized by this action.
In the CPG V final rule, EPA is consolidating all compost
designations into one item designation: compost made from recovered
organic materials. In addition, EPA is establishing a new item
designation: Fertilizers made from recovered organic materials. These
items are being designated under the Landscaping Products category.
Recovered organic materials include, but are not limited to, yard
waste, food waste, manure, and biosolids. In the final RMAN V, EPA is
publishing recommendations for fertilizers made from recovered organic
materials and revised recommendations for the compost designation. (For
more information on CPG, go to the EPA Web site at http://www.epa.gov/cpg/.)
III. What are the definitions of terms used in this action?
In the final CPG V and in 40 CFR 247.3, EPA is revising the
previous definition of compost from CPG III (65 FR 3070) and adding a
definition for ``fertilizer made from recovered organic materials.''
\1\ EPA generally bases its definitions on industry definitions.
Because there are a number of industry definitions for ``compost'' and
``fertilizer,'' EPA developed its own to prevent confusion to procuring
agencies. EPA based its fertilizer definition in part on a USDA
definition of ``fertilizer'' (see http://www.ams.usda.gov/NOP/NOP/standards/DefineReg.html).
---------------------------------------------------------------------------
\1\ In proposed CPG V, the Agency proposed that the definition
be entitled ``organic fertilizer.'' However, in final CPG V, EPA is
entitling the definition ``fertilizer made from recovered organic
materials'' so that the definition title and the designation
description are more consistent.
---------------------------------------------------------------------------
Because the description of the items designated in CPG V uses the
term ``recovered materials,'' the Agency is providing a definition for
that term in this notice. The Agency previously provided this
definition in CPG I, and it is also provided at 40 CFR 247.3.
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
V?
EPA received a total of 395 comments on the proposed CPG V and the
draft RMAN V. In this section, EPA discusses the major comments
relevant to the recommendations in the draft RMAN V.
[[Page 52563]]
Because of their relevancy to both the final CPG V and the final RMAN
V, certain topics below refer to responses found in the preamble to the
final CPG V, which is published elsewhere in this Federal Register. You
can find a more thorough summary of comments and EPA's responses in the
``Background Document for the Final Comprehensive Guideline (CPG) V and
Final Recovered Materials Advisory Notice (RMAN) V.''
A. Request for Comments
This section summarizes and responds to the comments received in
response to the Agency's specific requests for comments in the draft
RMAN V.
1. Types of Recovered Materials Identified in the Item Recommendations,
and Other Recommendations, Including Specifications for Purchasing the
Designated Items
Comments: EPA received a number of comments on the types of
recovered materials identified in the item designations, and other
recommendations. EPA did not receive any comments that address
specifications for purchasing the items designated in this action.
Several comments supported allowing biosolids and/or manure to be used
for compost and/or fertilizer. Some of these comments stated that the
inclusion of biosolids in the compost and fertilizer designations will
increase market demand for these recovered material products, and will
also provide further support for the long-standing practice of
biosolids land application.
However, a number of commenters opposed revising the compost
designation to include sewage sludge or generally opposed using
biosolids, manure, and/or sewage sludge in compost or fertilizer. A few
other commenters suggested that EPA add certain materials to the scope
of ``recovered organic materials'' in the compost and fertilizer item
designations and RMAN recommendations. A few commenters suggested that
Exceptional Quality (EQ) biosolids products be included in what the
commenters termed the ``approved product list,'' along with soil blends
of EQ biosolids and other materials such as sawdust, sand, and yard
trimmings. Another commenter suggested that EPA ``include `cotton gin
by-products' and cottonseed products as recovered plant organic
materials that can be composted to produce `organic fertilizer.' ''
Several other commenters made recommendations. One commenter
suggested that an extra safety measure would be to only permit the use
of the sewage-derived products on trees and non-vegetable crops. Yet
another commenter encouraged EPA to retain the 247.15(b) designation of
compost language ``for use in landscaping, seeding of grass or other
plants on roadsides and embankments * * *'' and add ``and other uses''
at the end of the sentence. This commenter also suggested that, because
of concerns regarding pathogens, biosolids and manure must be processed
and handled in accordance with the kinds of strict protocols put forth
in 40 CFR Part 503, and that this should be further emphasized. One
commenter said EPA should consider ``amending the definition of
`compost' to include, for biosolids composts, that the composting
process must meet the time-temperature relationships in 40 CFR part
503, and for non-biosolids composts, that the compost must have been
manufactured in accordance with applicable state regulations.''
Response: EPA agrees that the changes to include compost or
fertilizer with biosolids or manure content as designated landscaping
products will achieve an important goal of the CPG program--to increase
market demand for items made from recovered materials. For responses to
comments opposing the use of biosolids and/or manure in compost or
fertilizer, please refer to sections VI.B.4, 5, and 7 in the preamble
to the final CPG V, which is published elsewhere in this Federal
Register.
EQ biosolids, cotton gin by-products, sawdust, and yard trimmings
are already included in the scope of the fertilizer and amended compost
designations and recommendations because these are recovered organic
materials.
EPA rejected the suggestion that it recommend limiting the use of
sewage-derived landscaping to trees and non-vegetable crops for the
reasons explained in sections VI.B.4 and 6 in the preamble to the final
CPG V, published elsewhere in this Federal Register.
EPA decided not to retain certain descriptive language in the
247.15(b) compost designation (``for use in landscaping, seeding of
grass or other plants on roadsides and embankments * * *''). Similarly,
EPA did not add the phrase ``and other uses'' at the end of the
designation. (See section VI.B.6., in the preamble to the final CPG V,
published elsewhere in this Federal Register, for the reasons that EPA
did not retain this language.) However, EPA has retained this language
(but did not add ``other uses'') in the Preference Program section of
the final RMAN V for compost. To emphasize the processing and handling
protocols in Part 503, EPA references Part 503 in the final RMAN V for
both compost and fertilizers.
Finally, EPA did not revise the definition in the CPG V final rule
to include more specific language about state regulations or the time-
temperature relationships in 40 CFR part 503. However, in the
Specifications section of the final RMAN V for compost, the Agency
references 40 CFR part 503 and recommends that procuring agencies check
for applicable federal, state, and local government regulations on the
use of compost. For more on the time-temperature requirements in Part
503, see pp. 28, 38, et al, of the EPA document entitled Environmental
Regulations and Technology: Control of Pathogens and Vector Attraction
in Sewage Sludge. This document can be found at http://www.epa.gov/ORD/NRMRL/Pubs/1992/625R92013.pdf.
2. Limitations on the recovered organic materials contained in the
fertilizers proposed by EPA
Comments: One commenter agrees with the minimum recovered organic
material content for fertilizers recommended by USDA, which is 80%. The
commenter added that the 80% minimum would allow them to work in
conjunction with commercial fertilizers to meet the specific needs of
the government nutrient specifications.
Response: In the Draft RMAN V Federal Register notice, EPA
explained that the items being proposed are generally made exclusively
of recovered materials. In addition, in the background document for
proposed CPG V, EPA stated that most fertilizers made with recovered
organic materials contain up to 100 percent recovered materials. This
being the case, EPA does not believe it is necessary or appropriate to
recommend a minimum level or any particular recovered materials content
range for fertilizers made from recovered organic materials.
For other comments and responses regarding limitations on the
recovered organic materials contained in the fertilizers proposed by
EPA, please refer to section V.A.4 in the preamble to the final CPG V,
which is published elsewhere in this Federal Register.
3. Other specifications the Agency should recommend that pertain to
fertilizers made with recovered organic materials
The Agency did not receive any comments on other specifications
pertaining to fertilizers.
[[Page 52564]]
B. Issue-Specific Comments
1. Use of compost or fertilizer made from sewage sludge/biosolids on or
near food and other types of crops
The use of biosolids compost and fertilizers on or near food crops
was addressed by several commenters and relates to EPA's
recommendations in RMAN V. For a summary of comments and responses on
this issue, please refer to section VI.B.4 in the preamble to the final
CPG V, which is published elsewhere in this Federal Register.
2. Specific applications
Appropriate applications for compost and fertilizers made from
recovered organic materials were addressed by several commenters and
relate to EPA's recommendations in RMAN V. For a summary of comments
and responses on this issue, please refer to section VI.B.6 in the
preamble to the final CPG V, which is published elsewhere in this
Federal Register.
3. Amount of fertilizers procured by federal agencies
Comments: EPA received a few comments suggesting that EPA gather
data on the amount of fertilizers used by each federal agency. One
commenter suggested that EPA gather information on the amount of
compost procured by the government, the size of the market for various
compost products made from recovered materials, and the sources and the
supply of compost products. Another commenter suggested such a base
line could be used to monitor the amount of biobased materials that are
recycled as a result of the CPG V regulation.
Response: The Agency agrees that baseline data would be useful.
Current Federal procurement data systems, however, provide no or
limited information on the quantity of individual items purchased by
Federal agencies. Many of the EPA-designated items are purchased with
government credit cards or are supplied or used in the performance of
support services at Federal facilities. Although agencies are required
to report annually to the Office of Federal Procurement Policy and the
Office of the Federal Environmental Executive (OFEE) about their
implementation of RCRA section 6002, agencies do not report and are not
required to report data on each EPA-designated item because the data
systems do not capture this information. Instead, agencies report on
the number of contracting actions in which EPA-designated items will be
supplied or used, qualitative information on eight indicator items, and
qualitative information of program implementation. The eight indicator
items do not include compost because of the difficulty in obtaining
quantitative information about purchases of this item. EPA hopes to be
able to work with the agencies to develop data on services contracts
that include the supply or use of compost and fertilizer.
4. Disclosure of materials used in compost
Comments: EPA received a few comments suggesting that the agency
should require disclosure by compost producers of all materials used in
the manufacture of any compost sold to the federal government.
Response: EPA has no authority under RCRA 6002 to establish such a
requirement. However, in the case of government procurement, individual
procuring agencies, if authorized, may specify that the compost they
purchase includes such a disclosure. Private parties may include such a
disclosure as a necessary component of their solicitation. In the final
RMAN V, EPA recommends that procuring agencies refer to the United
States Composting Council's (USCC's) Test Methods for the Examination
of Composting and Compost (TMECC), which are standardized methods for
the composting industry to test and evaluate compost and verify the
physical, chemical, and biological characteristics of composting source
materials and compost products. The TMECC also includes material
testing guidelines to ensure product safety and market claims.
Additionally, EPA is also recommending that procuring agencies refer to
the USCC's Seal of Testing Assurance (STA) labeling program, which is a
compost testing and information disclosure program that uses the TMECC.
Participating compost producers regularly sample and test their
products using STA Program approved labs, all of which must use the
same standardized testing methodologies. Participants must make test
results available to customers and certify that they are in compliance
with all applicable local, state, and federal regulations with respect
to their compost products. The USCC then certifies the participants'
compost as ``STA certified compost'' and allows the use of the STA logo
on the product packaging and literature. Procuring agencies may wish to
consider specifying STA certified compost, especially for applications
that require consistent quality. The USCC has developed sample
specification and contract language, available at http://www.compostingcouncil.org/pdf/Specifying_STA_Prog.pdf. More
information on TMECC and STA can be found at www.compostingcouncil.org.
5. Procurement Training; Sample Solicitation, Contract, or EMS
Language; Reporting Procedures
Comments: EPA received a few comments that requested one or more of
the following: procurement training, sample solicitation and contract
language, technical guidance, annual review and reporting procedures,
and EMS provisions. Specifically, a few commenters suggested that EPA
establish training programs for procuring agencies, one focusing on the
objectives of E.O. 13101 and the other focusing on the CPG program
specifically. Another commenter explained that his agency typically
purchases compost and organic fertilizers as part of support services
or performance type contracts, not as a product. The commenter asked
that EPA provide sample solicitation or contract language that can be
inserted into these contracts, and make it available online. This
commenter also suggested that, prior to designating future CPG
products, EPA establish training programs, solicitation and contract
language, technical guidance, annual review and reporting procedures,
and sample environmental management system provisions. Another
commenter made similar requests and recommended that EPA add the web
URL for information referenced in the RMAN, such as the U.S. Department
of Transportation's specifications and EPA's sewage sludge regulations.
Response: OFEE has workgroups consisting of federal procuring
agencies which focus on a number of issues, such as record keeping,
reporting, and EMS. The purpose of these workgroups is to share
information and develop consensus programs. EPA will continue to work
on these issues through its participation in the OFEE workgroups, where
agencies can share model language solicitation and contract language.
When the example model language for a solicitation or contract is
available, EPA will post it on the CPG web pages or link to locations
that give examples. Training tools and other green purchasing guidance
are available on the OFEE Web site at http://www.ofee.gov. Guidance
specific to Part 503 and biosolids issues is available at: http://www.epa.gov/owm/mtb/ biosolids/. Finally, regarding the suggestion to
include web URLs for information referenced in the RMAN, EPA included
them for all specifications in the final RMAN V.
[[Page 52565]]
Further information for specifications may be found in the Federal
Green Construction Guide for Specifiers, including information on
compost and is available on the Whole Building Design Guide Web site,
at http://www.wbdg.org/design/greenspec_msl.php?s=329000.
V. How does the Final RMAN V differ from the Draft RMAN V?
EPA made several changes to the draft RMAN V in the final RMAN V.
First, in the Specifications section of the draft RMAN for compost and
fertilizers, EPA referred to ``individual state regulations'' on the
use of compost and fertilizers made with recovered organic materials,
respectively. In the final RMAN V, EPA has expanded the reference to
include other applicable federal and local government regulations as
well.
Second, in the Specifications section of the RMAN for compost and
fertilizers, EPA revised the description of the Part 503 requirements
in order to provide clarification. For example, in the draft RMAN, EPA
referred to 40 CFR part 503 as the ``Biosolids Rule.'' However, the
actual title of Part 503 is ``The Standards for the Use or Disposal of
Sewage Sludge,'' and not the ``Biosolids Rule.'' In order to avoid
confusion, the term ``Biosolids Rule'' has been removed from the final
RMAN V for compost and fertilizers.
Third, in the final RMAN for compost and fertilizers, EPA added a
reference to USDA's National Organic Program (NOP) regulations, which
prohibit the use of biosolids in organic production. EPA received many
comments that cited the NOP regulations, and EPA cites the NOP
regulations in the final RMAN in response to those comments. Likewise,
in the final RMAN for compost, EPA added a reference to the Organic
Materials Review Institute (OMRI) guidelines and lists of materials
allowed and prohibited in organic production.
As mentioned in IV.B.5 above, in response to a public comment
suggesting that EPA include web URLs for information referenced in the
RMAN, EPA included them for all specifications in the final RMAN V.
Also, as mentioned in section IV.B.4 above, in the final RMAN for
compost, EPA added a reference to the USCC's STA program. This
reference was added in response to comments concerning the issue of
disclosure by compost producers of all materials used in the
manufacture of compost. In addition, in the final RMAN for compost, EPA
clarified the citation for the U.S. Department of Transportation's
specifications. In the final RMAN for compost, EPA also revised the
``Note'' in order to provide clarification.
Finally, the draft RMAN V for fertilizers was entitled ``Section F-
6. Organic Fertilizers.'' However, in the proposed CPG V, the proposed
designation was phrased ``fertilizers made from recovered organic
materials.'' EPA is revising the final RMAN title to read ``Section F-
6. Fertilizers Made From Recovered Organic Materials.'' EPA is making
this change so that the RMAN title matches the wording of the
fertilizer item designation finalized by this action in 40 CFR Part
247.
VI. Supporting Information and Accessing Internet
Supporting materials for this final CPG V and RMAN V are available
in the OSWER Docket and on the Internet. The address and telephone
number of the OSWER Docket are provided in the SUPPLEMENTARY
INFORMATION section above. To access information on the Internet, go to
the EPA Dockets Web site at www.regulations.gov. Supporting materials
can be accessed on the Internet at www.regulations.gov. Among the
supporting materials available in the OSWER Docket and on the Internet
are the following:
``Background Document for the Final Comprehensive Guideline (CPG) V
and Final Recovered Materials Advisory Notice (RMAN) V,'' U.S.
Environmental Protection Agency, Office of Solid Waste, August, 2007.
``Economic Impact Analysis for Final Comprehensive Procurement
Guideline V,'' U.S. Environmental Protection Agency, Office of Solid
Waste, July 2007.
Dated: September 6, 2007.
Stephen L. Johnson,
Administrator.
Recovered Materials Advisory Notice V
The following represents EPA's recommendations to procuring
agencies for purchasing the items designated in the Comprehensive
Procurement Guideline (CPG) V in compliance with section 6002 of the
Resource Conservation and Recovery Act (RCRA) and E.O. 13423. 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),
January 19, 2000 (65 FR 3082), April 30, 2004 (69 FR 24039), 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, January
19, 2000, and April 30, 2004 RMANs for definitions, general
recommendations for affirmative procurement programs, and
recommendations for previously designated items. In the case of
compost, the recommendations published revise the previous
recommendations issued in RMAN III. The RMANs are available on EPA's
CPG Web site at http://www.epa.gov/cpg.
Contents
I. General Recommendations
II. Specific Recommendations for Procurement of Designated Items
Part F. Landscaping Products
Section F-2. (Revised) Compost Made from Recovered Organic
Materials.
Section F-6. Fertilizers Made from Recovered Organic Materials.
I. General Recommendations
General recommendations for definitions, specifications, and
affirmative procurement programs may 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 of recovered materials
practicable.
II. Specific Recommendations for Procurement of Designated Items
Recommendations for purchasing previously designated items may be
found in RMAN I (May 1, 1995); RMAN II (November 13, 1997); RMAN III
(January 19, 2000); RMAN IV (April 30, 2004); and the Paper Products
RMANs (May 29, 1996, and June 8, 1998). Revised recommendations for
compost are included in this notice.
Part F--Landscaping Products
Section F-2. (Revised) Compost Made From Recovered Organic Materials
Note: EPA previously designated yard trimmings compost in CPG I
and food waste compost in CPG III. CPG V revises the designation by
amending the definition of ``compost'' and changing the description
of the designation to ``compost made from recovered organic
materials.'' These materials can include yard trimmings, food waste,
manure, biosolids, or other recovered organic materials that can be
composted. The effect of those changes is to add compost made from
manure or biosolids or both to the compost designation. The
following are EPA's revised recommendations for purchasing compost.
EPA's final recommendations for purchasing composts made from
recovered organic materials should be substituted for the
recommendations found in Section F-2 of RMAN III.
[[Page 52566]]
Preference Program: EPA recommends that procuring agencies purchase
or use mature compost made from recovered organic materials in such
applications as landscaping, seeding of grass or other plants on
roadsides and embankments, as nutritious mulch under trees and shrubs,
and in erosion control and soil reclamation. Mature compost is defined
as a thermophilic converted product with high humus content, which can
be used as a soil amendment and can also be used to prevent or
remediate pollutants in soil, air, and storm water run-off.
EPA further recommends that those procuring agencies that have an
adequate volume of organic materials, as well as sufficient space for
composting, should implement a composting system to produce compost
from these materials to meet their landscaping and other needs.
Specifications: EPA recommends that procuring agencies refer to the
following specifications when purchasing compost made from recovered
organic materials. The U.S. Composting Council's (USCC's) Test Methods
for the Examination of Composting and Compost (TMECC) and Seal of
Testing Assurance (STA) program, which are found at http://www.compostingcouncil.org. The TMECC are standardized methods for the
composting industry to test and evaluate compost and verify the
physical, chemical, and biological characteristics of composting source
materials and compost products. The TMECC also includes material
testing guidelines to ensure product safety and market claims. The STA
program is a compost testing and information disclosure program that
uses the TMECC. Participating compost producers regularly sample and
test their products using STA Program approved labs, all of which must
use the same standardized testing methodologies. Participants must make
test results available to customers and certify that they are in
compliance with all applicable local, state, and federal regulations
with respect to their compost products. The USCC then certifies the
participants' compost as ``STA certified compost'' and allows the use
of the STA logo on product packaging and literature. Procuring agencies
can consider specifying STA certified compost, especially for
applications that require consistent quality.
Section 713.05(f) of the U.S. Department of Transportation's 1996
``Standard Specifications for Construction of Roads and Bridges on
Federal Highway Projects FP-96'' specifies compost as one of the
materials suitable for use in roadside revegetation projects associated
with road construction. (See p. 719 in http://www.efl.fhwa.dot.gov/design/manual/Fp96.pdf.)
EPA's ``Standards for the Use or Disposal of Sewage Sludge,'' at 40
CFR part 503, limit the pollutants and pathogens in biosolids. If
biosolids are included as part of the compost, the processing and
product are subject to Part 503. (http://www.epa.gov/owm/mtb/biosolids/
) Procuring agencies should also look at other applicable federal,
state, and local government regulations on the use of compost made from
recovered organic materials.
The U.S. Department of Agriculture (USDA) National Organic Program
(NOP) regulations established national standards for organically
produced agricultural products to assure consumers that agricultural
products marketed as organic meet consistent, uniform standards. The
NOP regulations require that agricultural products labeled as organic
originate from farms or handling operations certified by a State or
private entity that has been accredited by USDA. Among other things,
the regulations prohibit the use of sewage sludge (biosolids) in
organic production. (http://www.ams.usda.gov/nop/NOP/NOPhome.html)
Example language for solicitations and contracts can be found in
the Federal Green Construction Guide for Specifiers, which is available
on the Whole Building Design Guide Web site, at http://www.wbdg.org/design/greenspec_msl.php?s=329000.
The Organic Materials Review Institute (OMRI), at http://www.omri.org, has developed guidelines and lists of materials allowed
and prohibited for use in the production, processing, and handling of
organically grown products.
Finally, EPA recommends that procuring agencies ensure that there
is no language in their specifications relating to landscaping, soil
amendments, erosion control, or soil reclamation that would preclude or
discourage the use of compost made from recovered organic materials.
Section F-6. Fertilizers Made From Recovered Organic Materials
Note: Although fertilizer has some qualities similar to compost,
for the purposes of the CPG, compost is a separate designation.
Preference Program: EPA recommends that procuring agencies purchase
or use fertilizer made from recovered organic materials in such
applications as agriculture and crop production, landscaping,
horticulture, parks and other recreational facilities, on school
campuses, and for golf course and turf maintenance.
Specifications: EPA recommends that procuring agencies refer to the
following specifications when purchasing fertilizers made from
recovered organic materials. Biosolids can be used in the production of
fertilizers made from recovered organic materials and must meet the
requirements specified in 40 CFR part 503 before they may be
beneficially used. The Part 503 land application requirements ensure
that any biosolids that are land applied contain pathogens and metals
that are below specified levels and are protective of public health and
the environment. (http://www.epa.gov/owm/mtb/biosolids/) Procuring
agencies should also check for other applicable federal, state, and
local government regulations on the use of fertilizers made from
recovered organic materials.
The U.S. Department of Agriculture (USDA) National Organic Program
(NOP) regulations established national standards for organically
produced agricultural products to assure consumers that agricultural
products marketed as organic meet consistent, uniform standards. The
NOP regulations require that agricultural products labeled as organic
originate from farms or handling operations certified by a State or
private entity that has been accredited by USDA. Among other things,
the regulations prohibit the use of sewage sludge (biosolids) in
organic production. (http://www.ams.usda.gov/nop/NOP/NOPhome.html)
The Organic Materials Review Institute (OMRI), at http://www.omri.org, has developed guidelines and lists of materials allowed
and prohibited for use in the production, processing, and handling of
organically grown products.
Finally, EPA recommends that procuring agencies ensure that there
is no language in their specifications relating to such applications as
agriculture and crop production, landscaping, horticulture, parks and
other recreational facilities, on school campuses, and for golf course
and turf maintenance that would preclude or discourage the use of
fertilizers made from recovered organic materials.
[FR Doc. E7-18149 Filed 9-13-07; 8:45 am]
BILLING CODE 6560-50-P