[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)]
[Notices]
[Pages 57809-57811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24456]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPPT-2013-0579; FRL-9930-38]
Recommendations for Specifications, Environmental Performance
Standards, and Ecolabels for Federal Procurement
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This document describes EPA's approach for providing
recommendations to federal agencies on specifications, environmental
performance standards, and ecolabels for purchasing environmentally
preferable products and services. The federal government is one of the
world's largest purchasers. This action will help federal agencies
purchase environmentally preferable products and services in accordance
with Executive Order 13693 and reduce public health and environmental
impacts associated with the federal government's extensive supply
chain.
FOR FURTHER INFORMATION CONTACT: For technical information contact:
Holly Elwood, Chemistry, Economics, and Sustainable Strategies
Division, Office of Pollution Prevention and Toxics, Environmental
Protection Agency, MC 7406M, 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001; telephone number: 202-564-8854; email address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by this action if you are a federal
purchaser or a vendor interested in selling to the federal government.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
[ssquf] Food providers (NAICS code 722310), e.g., Cafeteria Food
Services Contractors, Food Concession Contractors, etc.
[ssquf] Renovators (NAICS code 33333), e.g., General Building
Contractors/Operative Builders, Renovation Firms, Individual
Contractors, and Special Trade Contractors like Carpenters, Painters,
Drywall Workers and Lathers, ``Home Improvement'' Contractors, etc.
[ssquf] Commercial and Institutional Building Construction (NAICS
code 236220), e.g., Office Building Construction, Warehouse
Construction, etc.
[ssquf] Drywall and Insulation Contractors (NAICS code 238310),
e.g., Acoustical ceiling tile and panel installation, etc.
[ssquf] Flooring Contractors (NAICS code 238330), e.g., Carpet
Installation, Resilient Floor Tile or Sheet Installation, etc.
[ssquf] Janitorial Services (NAICS code 541620), e.g., Office
Cleaning Services, Rest Room Cleaning Services, Washroom Sanitation
Services, etc.
[ssquf] Electronic Computer Manufacturing (NAICS code 334111),
e.g., manufacturing machinery or equipment that incorporates electronic
computers for operation or control purposes and embedded control
applications, etc.
[ssquf] Computer Systems Design Services (NAICS code 541512), e.g.,
selling computer hardware or software products and systems from retail-
like locations, and providing supporting services, such as customized
assembly of personal computers, etc.
[ssquf] Consumer Electronics Repair and Maintenance (NAICS code
811211), e.g., Repairing computers and peripheral equipment, etc.
[ssquf] Office Supplies and Stationary Stores (NAICS code 453210),
e.g., retailing stationery, school supplies, and office supplies via
electronic shopping, mail-order, or direct sale, printing business
forms, retailing new office furniture, etc.
[ssquf] Packing and Crating (NAICS code 488991), e.g., packing and
preparing goods for shipping, etc.
B. How can I get copies of this document and other related information?
The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPPT-20[XX]-[insert Docket ID no.], is available at
http://www.regulations.gov or at the Office of Pollution Prevention and
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket
Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC 20001. The Public Reading Room is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
federal holidays. The telephone number for the Public Reading Room is
(202) 566-1744, and the telephone number for the OPPT Docket is (202)
566-0280. Please review the visitor instructions and additional
information about the docket available at http://www2.epa.gov/dockets.
II. What is EPA's authority?
On March 19, 2015, the President issued Executive Order 13693,
entitled ``Planning for Federal Sustainability in the Next Decade'' (80
FR 15871) (Ref. 1). Executive Order 13693 maintains federal leadership
in sustainability and greenhouse gas emission reductions. Section 3(i)
directs federal agencies to promote sustainable acquisition and
procurement by ensuring that certain environmental performance and
sustainability factors are included to the maximum extent practicable
in the planning, award, and execution phases of agency acquisitions.
Pursuant to Section 3(i)(iii)(A) of the Executive Order, one of the
factors directs agencies to purchase environmentally preferable
products or services that meet EPA recommendations for specifications,
standards, and ecolabels for use in federal procurement. On June 10,
2015, the Office of Federal Sustainability in the White House Council
on Environmental Quality (CEQ) issued Implementing Instructions for
Executive Order 13693 (Ref. 2). The Implementing Instructions for
Executive Order 13693 call on EPA, in consultation with the Office of
Management and Budget (OMB) and CEQ, to provide guidance on
recommendations for specifications, standards, and ecolabels for use in
federal procurement within 90 days of the issuance of the Implementing
Instructions.
In addition, the Pollution Prevention Act (PPA) (42 U.S.C.A.
13103(b)(11)) requires EPA to ``Identify opportunities to use federal
procurement to encourage source reduction'' and section 12(d) of the
National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C.
272) requires federal agencies to ``use technical standards that are
developed or adopted by voluntary consensus standards bodies, using
such technical standards as a means to carry out policy objectives or
activities.''
III. What action is the Agency taking?
This document describes EPA's approach for providing
recommendations to federal purchasers on specifications, environmental
performance standards, and ecolabels for environmentally preferable
products and services. The federal government is one of the world's
largest purchasers. This action will help federal agencies purchase
environmentally preferable products and services and reduce public
health and environmental impacts
[[Page 57810]]
associated with the federal government's extensive supply chain.
Executive Order 13693 directs federal agencies to promote
sustainable acquisition and procurement by ensuring that, to the
maximum extent practicable, agencies purchase environmentally
sustainable products and services by meeting statutory requirements
that require a procurement preference for:
1. Recycled content products designated by the EPA;
2. Energy and water efficient products and services, such as ENERGY
STAR[supreg] certified and Federal Energy Management Program (FEMP)
designated products, identified by EPA and the Department of Energy
(DOE); and
3. BioPreferred[supreg] and biobased products designated by the
U.S. Department of Agriculture (USDA).
The Executive Order further instructs agencies to purchase
sustainable products and services identified by EPA programs including:
1. Significant New Alternative Policy (SNAP) chemicals or other
alternatives to ozone-depleting substances and high global warming
potential hydrofluorocarbons, where feasible, as identified by SNAP;
2. WaterSense certified products and services (water efficient
products);
3. Safer Choice certified products (chemically intensive products
that contain safer ingredients); and
4. SmartWay Transport partners and SmartWay products (fuel
efficient products and services).
Federal purchasers can also purchase environmentally preferable
products or services that:
1. Meet or exceed specifications, standards, or labels recommended
by EPA; or
2. Meet environmental performance criteria developed or adopted by
voluntary consensus standards bodies consistent with the NTTAA section
12(d) and OMB Circular A-119.
In 2013, EPA sought comment on Draft Guidelines for Environmental
Performance Standards and Ecolabels for Voluntary Use in Federal
Procurement (Ref. 3).
On March 19, 2015, EPA announced the availability of revised Draft
EPA Guidelines and the launch of a pilot to test the Draft EPA
Guidelines in three building product categories: Furniture; flooring;
and paints, coatings and paint removers (Ref. 4). It is expected that
the pilot will inform refinements to the Draft EPA Guidelines, and help
develop a process by which these Guidelines can be finalized and used
to assess standards and ecolabels for use in federal procurement in a
wide array of product and service categories.
The Implementing Instructions for the Executive Order direct EPA to
prioritize application of the finalized Guidelines to product and
service categories which ``represent the largest share of procurement
spending across Agencies and potential environmental impact'' (Ref. 2,
page 56).
Until the Draft EPA Guidelines are finalized and applied to key
product and service categories, EPA is providing interim
recommendations. Federal purchasers should utilize EPA's Interim
Recommendations to select environmentally preferable products and
services. EPA's Interim Recommendations are based on specifications,
environmental performance standards, and ecolabels evaluated and
currently utilized by federal agencies to assist in their procurement
of environmentally preferable products and services. EPA will be
initially using specifications, standards and labels information
developed by other federal agencies to identify products that have
verified sustainability attributes, are readily available in the
market, and meet cost and performance needs. EPA's recommendations and
further information about the evaluation processes used by these
federal agencies will be available at http://www.epa.gov/greenerproducts and in the General Service Administration's Green
Procurement Compilation at https://sftool.gov/greenprocurement (Ref.
5). EPA will review its recommendations periodically and update them
after considering other federal agency assessments of standards and
ecolabels when they become available. EPA's Interim Recommendations
will also be updated to integrate any EPA recommendations developed
following finalization and application of the Draft EPA Guidelines to
specific product and service categories.
The Implementing Instructions state that ``where there is no
specification, standard, or label recommended by EPA, an agency may
elect to use other open and voluntary standards . . .'' to identify and
procure environmentally preferable products and/or services, provided
that they have conducted an assessment to ensure that the standard or
ecolabel meets the requirements stipulated in the NTTAA, OMB Circular
A-119 (Ref. 6), and Section II of the EPA Draft Guidelines or any
subsequent revisions to those Guidelines (Ref. 2, page 56). The NTTAA
requires that all agencies use standards developed by voluntary
consensus standards bodies instead of government-unique standards
unless inconsistent with applicable law or otherwise impractical. OMB
Circular A-119 provides guidance on federal use of voluntary consensus
standards and on conformity assessment. Because the NTTAA and OMB
Circular A-119 do not address environmental performance, the
Implementing Instructions point procurement officials to Section II of
the EPA Draft Guidelines on Environmental Effectiveness and any
subsequent revisions to those Guidelines (Ref. 2, pages 56-57). The
Implementing Instructions direct agencies to consult with and share
these assessments with EPA, and direct EPA to make these assessments
available on its Web site.
Section 3(l)(i) of Executive Order 13693 includes requirements
regarding procurement of environmentally sustainable electronic
products. To meet the requirements of sections 3(i)(iii) and 3(l)(i) of
the Executive Order, the Implementing Instructions state that agencies
must acquire products that meet or exceed the specifications,
standards, or labels recommended by EPA as posted on its Web site. As
indicated in the Implementing Instructions, federal purchasers may
continue to use the Electronic Product Environmental Assessment Tool
(EPEAT)[supreg] product registry, or other methods to identify products
that have been third-party verified as having met environmental
performance criteria developed or adopted by voluntary consensus
standards bodies consistent with section 12(d) of the NTTAA and OMB
Circular A-119. However, the Implementing Instructions note that at
this time CEQ is not aware of any product registries other than EPEAT
for environmentally sustainable electronic products. It is possible
that in the future other options may be developed that align with EPA
Guidelines and support the electronic stewardship mandates of section
3(l) of Executive Order 13693. Any future tools will have to meet or
exceed current levels of sustainable and environmental performance.
Once the EPA Draft Guidelines for Environmental Performance
Standards and Ecolabels for Voluntary Use in Federal Procurement are
finalized, EPA will apply the Guidelines to product and service
categories which ``represent the largest share of procurement spending
across agencies and potential environmental impact,'' per the
Implementing Instructions. It is expected that electronics may be in
the next group of additional product categories to which the Guidelines
could be applied. When the Guidelines are applied to the electronics
category, stakeholders will be asked to volunteer other specifications,
standards and
[[Page 57811]]
ecolabels to be reviewed against the Guidelines. EPA will review
additional specifications, standards and/or ecolabels to determine if
they meet or exceed the current sustainability mandate for electronics
and conform to the EPA Guidelines.
IV. References
The following is a listing of the documents that are referenced in
this document. The docket includes these documents and other
information considered by EPA, even if the referenced document is not
physically located in the docket. For assistance in locating these
other documents, please consult the technical person listed under FOR
FURTHER INFORMATION CONTACT.
1. The President. Executive Order 13693 of March 19, 2015; Planning
for Federal Sustainability in the Next Decade. Federal Register (80
FR 15869, March 25, 2015). Available at http://www.gpo.gov/fdsys/pkg/FR-2015-03-25/pdf/2015-07016.pdf.
2. The White House Council on Environmental Quality, Office of
Federal Sustainability. Implementing Instructions for Executive
Order 13693 Planning for Federal Sustainability in the Next Decade.
June 10, 2015. Available at https://www.whitehouse.gov/sites/default/files/docs/eo_13693_implementing_instructions_june_10_2015.pdf.
3. EPA. Draft Guidelines for Environmental Performance Standards and
Ecolabels for Voluntary Use in Federal Procurement; Notice of
Availability and Request for Comments. Federal Register (78 FR
70938, November 27, 2013; FRL-9394-7). Available in EPA-HQ-OPPT-
2013-0579 at http://www.regulations.gov.
4. EPA. Agency Information Collection Activities; Proposed
Collection and Comment Request; Assessment of Environmental
Performance Standards and Ecolabels for Federal Procurement; Notice.
Federal Register (80 FR 14372, March 19, 2015; FRL-9923-58).
Available at http://www.gpo.gov/fdsys/pkg/FR-2015-03-19/pdf/2015-06275.pdf.
5. General Services Administration (GSA) Federal Acquisition
Service, Green Procurement Compilation (GPC). Available at https://sftool.gov/greenprocurement.
6. Office of Management and Budget (OMB). OMB Circular A-119
(Revised). Federal Participation in the Development and Use of
Voluntary Consensus Standards and in Conformity Assessment
Activities. February 10, 1998. Available at https://www.whitehouse.gov/omb/circulars_a119/.
Authority: 42 U.S.C.A. 13103(b)(11), 15 U.S.C. 272 note, and
Executive Order 13693 of March 19, 2015.
Dated: September 17, 2015.
James J. Jones,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2015-24456 Filed 9-24-15; 8:45 am]
BILLING CODE 6560-50-P