Designation of Biobased Items for Federal Procurement, 38612-38625 [05-12978]
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38612
Proposed Rules
Federal Register
Vol. 70, No. 127
Tuesday, July 5, 2005
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF AGRICULTURE
Office of Energy Policy and New Uses
7 CFR Part 2902
RIN 0503–AA26
Designation of Biobased Items for
Federal Procurement
Office of Energy Policy and
New Uses, USDA.
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: The U.S. Department of
Agriculture (USDA) is proposing to
amend 7 CFR part 2902, Guidelines for
Designating Biobased Products for
Federal Procurement, to add six sections
to designate the following six items that
are made with biobased products that
would be afforded Federal procurement
preference, as provided for under
section 9002 of the Farm Security and
Rural Investment Act of 2002: Mobile
equipment hydraulic fluids; urethane
roof coatings; water tank coatings; diesel
fuel additives; penetrating lubricants;
and bedding, bed linens, and towels.
USDA also is proposing a minimum
biobased content for each of these items.
Once USDA designates an item, Federal
agencies are required generally to
purchase biobased products within
these designated items where the
purchase price of the procurement item
exceeds $10,000 or where the quantity
of such items or of functionally
equivalent items purchased over the
preceding fiscal year equaled $10,000 or
more. USDA additionally proposes to
revise section 2902.2 to add definitions
for ‘‘biodegradability’’ and ‘‘functional
unit’’ and section 2902.8 to adopt
applicable ASTM International
performance tests to verify
biodegradability.
DATES: USDA will accept public
comments on this proposed rule until
September 6, 2005.
ADDRESSES: You may submit comments
by any of the following methods. All
submissions received must include the
agency name and Regulatory
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Information Number (RIN). The RIN for
this rulemaking is 0503–AA26. Also,
please identify submittals as pertaining
to the ‘‘Proposed Designation of Items.’’
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Agency Web site: https://
www.biobased.oce.usda.gov. Follow the
instructions for submitting comments.
• E-mail: fb4p@oce.usda.gov. Include
RIN number 0503–AA26 and ‘‘Proposed
Designation of Items’’ on the subject
line. Please include your name and
address in your message.
• Mail/commercial/hand delivery:
Mail or deliver your comments to:
Marvin Duncan, USDA, Office of the
Chief Economist, Office of Energy Policy
and New Uses, Room 4059, South
Building, 1400 Independence Avenue
SW., MS–3815, Washington, DC 20250–
3815.
• Persons with disabilities who
require alternative means for
communication for regulatory
information (braille, large print,
audiotape, etc.) should contact the
USDA TARGET Center at (202) 720–
2600 (voice) and (202) 401–4133 (TDD).
FOR FURTHER INFORMATION CONTACT:
Marvin Duncan, USDA, Office of the
Chief Economist, Office of Energy Policy
and New Uses, Room 4059, South
Building, 1400 Independence Avenue,
SW., MS–3815 Washington, DC 20250–
3815; e-mail: mduncan@oce.usda.gov;
phone (202) 401–0461. Information
regarding the Federal Biobased Products
Preferred Procurement Program is
available on the Internet at https://
www.biobased.oce.usda.gov.
SUPPLEMENTARY INFORMATION: The
information presented in this preamble
is organized as follows:
I. Authority
II. Background
A. Overview of Section 9002
B. Development of Guidelines
III. Summary of Today’s Proposed
Rulemaking
IV. Designation of Items, Minimum Biobased
Contents, and Time Frame
A. Background
B. Items Proposed for Designation
C. Minimum Biobased Contents
D. Effective Date for Procurement
Preference and Incorporation into
Specifications
V. Where Can Agencies Get More Information
on These USDA-designated Items?
VI. Regulatory Information
A. Executive Order 12866: Regulatory
Planning and Review
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B. Regulatory Flexibility Act (RFA)
C. Executive Order 12630: Governmental
Actions and Interference with
Constitutionally Protected Property
Rights
D. Executive Order 12988: Civil Justice
Reform
E. Executive Order 13132: Federalism
F. Unfunded Mandates Reform Act of 1995
G. Executive Order 12372:
Intergovernmental Review of Federal
Programs
H. Executive Order 13175: Consultation
and Coordination with Indian Tribal
Governments
I. Paperwork Reduction Act
J. Government Paperwork Elimination Act
Compliance
I. Authority
The designation of these items is
proposed under the authority of section
9002 of the Farm Security and Rural
Investment Act of 2002 (FSRIA), 7
U.S.C. 8102 (referred to in this
document as ‘‘section 9002’’).
II. Background
A. Overview of Section 9002
Section 9002 of FSRIA provides for
the preferred procurement of biobased
products by Federal agencies. The
objectives of this preferred procurement
program are threefold. The first
objective is to increase demand for
biobased products. This would have
beneficial effects, including an increase
in domestic demand for many
agricultural commodities that can serve
as feedstocks for production of biobased
products. Another important effect
would be the substitution of products
with a possibly more benign or
beneficial environmental impact, as
compared to the use of fossil energybased products.
The second objective is to spur
development of the industrial base
through value-added agricultural
processing and manufacturing in rural
communities. Because biobased
feedstocks are largely produced in rural
settings and, in many cases because of
their bulk require pre-processing or
manufacturing close to where they are
grown, increased dependence on
biobased products appears likely to
increase the amount of pre-processing
and manufacturing of biobased products
in rural regions of the Nation. This trend
would help to create new investment,
job formation, and income generation in
these rural regions.
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The third objective is to enhance the
Nation’s energy security by substituting
biobased products for fossil energybased products derived from imported
oil and natural gas. The growing
dependence of the Nation on imported
oil and natural gas, along with
heightened concerns about political
instability in some of the oil rich regions
in the world, have led the Congress to
place a higher priority on domestic
energy and biobased resources.
Federal agencies are required to
purchase biobased products, as defined
in regulations to implement the statute,
for designated items costing over
$10,000 each or when the quantities of
functionally equivalent items purchased
over the preceding fiscal year equaled
$10,000 or more. Each Federal agency
must procure biobased products within
each designated item unless the agency
determines that the items are not
reasonably available within a reasonable
period of time, fail to meet applicable
performance standards, or are available
only at an unreasonable price.
Procurements by a Federal agency
subject to section 6002 of the Solid
Waste Disposal Act (42 U.S.C. 6962) are
not subject to the requirements under
section 9002 to the extent that the
requirements of the two programs are
inconsistent.
Section 9002 also requires USDA to
provide information to Federal agencies
on the availability, relative price,
performance, and environmental and
public health benefits of such items and,
under section 9002(e)(1)(C), to
recommend when appropriate the
minimum level of biobased content to
be contained in the procured products.
To achieve these objectives, section
9002 requires Federal agencies to
develop procurement programs that give
preference to the purchase of biobased
products. To ensure that items
composed of biobased products will be
purchased to the maximum extent
practicable, section 9002 requires each
agency procurement program to adopt
and implement one of the following
options: (1) Award contracts to the
vendor offering an item composed of the
highest percentage of biobased products
content practicable; (2) establish
minimum biobased products content
specifications which are set in such a
way as to ensure that the biobased
products content required is consistent
with the requirements of section 9002;
or (3) a substantially equivalent
alternative. An example of a
substantially equivalent alternative
would be where a Federal agency elects
to implement the first option for most
items, but establishes the second option
for a specified subset of items.
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USDA recognizes that choices for
procurement importantly depend on the
performance needs for a given
application. USDA is not requiring
procuring agencies to limit their choices
to qualified biobased products that fall
under the items for designation in this
proposed rule. Rather, the effect of the
designation of the items is to require
procuring agencies to determine their
performance needs, determine whether
there are qualified biobased products
that fall under the designated items that
meet those needs, and to purchase such
qualified biobased products to the
maximum extent practicable as required
by section 9002.
USDA Departmental Administration,
Office of Procurement and Property
Management, will issue guidance to
Federal agencies regarding a model
Biobased Products Preference Program,
a promotion program for the Preference
Program, and an annual review and
monitoring of the effectiveness of an
agency Preference Program. Information
on the model Biobased Products
Preference Program and other
documents and tools is available on the
USDA Federal Biobased Products
Preferred Procurement Program Web
site at https://
www.biobased.oce.usda.gov.
There are a number of preference
purchasing programs that Federal
procurement officials must take into
account when planning a procurement.
There is, however, only one biobased
product preferred procurement program.
When USDA designates by rulemaking
an item (a generic grouping of products)
for preferred procurement under the
Federal Biobased Products Preferred
Procurement Program, manufacturers of
all products under the umbrella of that
item that meet the requirements to
qualify for preferred procurement can
claim that status for their products.
USDA will invite the manufacturers of
these qualifying products to post
product and contact information on its
Web site, https://
www.biobased.oce.usda.gov. Federal
agencies will be able to utilize this Web
site as one tool to determine the
availability of qualifying biobased
products under a designated item.
Procurement officials are encouraged to
select products that fall within as many
of the environmental programs as
possible under the Federal Acquisition
Regulation (FAR) part 23. To the extent
that procurement officials will have to
choose between products under
different programs, procurement
officials should look to the FAR for
guidance regarding the relative priority
of the various preferences.
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As required under section 9002(e)(1),
USDA consulted with the
Environmental Protection Agency
(EPA), the General Services
Administration (GSA), and the
Department of Commerce National
Institute of Standards and Technology
(NIST) regarding various aspects of
today’s proposed rulemaking. USDA
also consulted with several Offices
within the Defense Logistics Agency
(DLA) and the USDA Departmental
Administration. These consultations
focused on topics such as the time frame
for incorporating designated items into
procurement specifications, the
environmental and economic
performance of designated items, the
biobased content of designated items,
and the availability of market demand
information.
B. Development of Guidelines
On December 19, 2003, USDA
published in the Federal Register (68
FR 70730) a proposed rule to establish
guidelines implementing the provisions
of section 9002. A 60-day comment
period followed, during which USDA
received 271 comments from 64
commenters. The comments were from
private citizens, consultants, individual
companies, industry organizations and
trade groups, nonprofit organizations,
universities, a Member of Congress, and
State and Federal agencies.
After considering these comments,
USDA made revisions and clarifications
to the proposed guidelines. The final
guidelines were published in the
Federal Register on January 11, 2005,
(70 FR 1792), along with a summary of
the comments and USDA responses to
those comments. The final guidelines
are contained in 7 CFR part 2902,
‘‘Guidelines for Designating Biobased
Products for Federal Procurement.’’ The
part is divided into two subparts,
‘‘Subpart A-General,’’ and ‘‘Subpart BDesignated Items.’’ Subpart A addresses
the purpose and scope of the guidelines
and their applicability, provides
guidance on product availability and
procurement, defines terms used in the
part, and addresses affirmative
procurement programs and USDA
funding for testing. Subpart B, which
was reserved in the final guidelines,
will be amended each time designated
item rules (including today’s proposed
rule) are finalized and will identify and
define the designated items, specify
their minimum biobased contents,
specify the time frames by which
Federal agencies must incorporate the
designated items into their procurement
specifications, and specify any other
factors relevant to specific designated
items.
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III. Summary of Today’s Proposed
Rulemaking
Today, USDA is proposing to
designate the following six items for
preferred procurement by Federal
agencies: mobile equipment hydraulic
fluids; urethane roof coatings; water
tank coatings; diesel fuel additives;
penetrating lubricants; and bedding, bed
linens, and towels (see Section IV.B).
USDA is also proposing a minimum
biobased content for each of these items
(see Section IV.C). USDA is also
proposing to establish a time frame for
Federal agencies to incorporate
designated items into their procurement
specifications (see Section IV.D).
USDA is also proposing in today’s
proposed rulemaking to amend section
2902.2, to add definitions of the terms
‘‘biodegradability’’ and ‘‘functional
unit’’, and to amend section 2902.8 to
require the use of applicable ASTM
performance tests to verify manufacturer
or vendor claims that their biobased
products are biodegradable.
In today’s proposed rulemaking,
USDA is providing information on its
findings as to the availability, economic
and technical feasibility, environmental
and public health benefits, and life
cycle costs for each of the six designated
items. Information on the availability,
relative price, performance, and
environmental and public health
benefits of products within each of these
six items is not presented in this notice.
Instead, Section V provides instructions
to agencies on how to obtain this
information on products within these
items through the following Web site:
https://www.biobased.oce.usda.gov.
Finally, today’s proposed rulemaking
is the first in a series of actions to
designate items. USDA invites comment
on the proposed designation of these
items, including the definition,
proposed minimum biobased content,
time frame for incorporation into
Federal agencies’ procurement
specifications, requirement for
determining biodegradability, and any
of the relevant analyses performed
during the selection of these items.
Comments should be submitted as
directed in the ADDRESSES section
above.
IV. Designation of Items, Minimum
Biobased Contents, and Time Frame
A. Background
In order to designate items (generic
groupings of specific products such as
crankcase oils or products that contain
qualifying biobased fibers) for preferred
procurement, section 9002 requires
USDA to consider: (1) the availability of
items; and (2) the economic and
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technological feasibility of using the
items, including the life cycle costs of
the items.
In considering an item’s availability,
USDA used several sources of
information. The initial source of
information USDA used was a report
entitled ‘‘USDA Biobased Products
Sourcebook Outreach: An Evaluation of
Industry Perspectives on Proposed
Biobased Product Content Guidelines,’’
April 2002. This report was prepared for
USDA by Concurrent Technologies
Corporation and is referred to as the
‘‘CTC Report.’’ (USDA has posted the
CTC Report on its informational Web
site, https://www.biobased.oce.usda.gov.
The report can also be viewed at the
Office of Energy Policy and New Uses,
Room 4059, South Building, 1400
Independence Avenue, SW., MS–3815,
Washington, DC 20250–3815. To
arrange a viewing, contact Marvin
Duncan at (202) 401–0461.) The purpose
of the CTC Report was to provide
descriptions of biobased items (generic
groupings of products), including a
proposed biobased content level. Then,
USDA performed Internet searches,
contacted trade associations (such as the
Biobased Manufacturers Association)
and commodity groups, searched the
Thomas Register (a database, used as a
resource for finding companies and
products manufactured in North
America, containing over 173,000
entries), and contacted individual
manufacturers and vendors to identify
those manufacturers and vendors with
biobased products within items being
considered for designation. USDA used
the results of these same searches to
determine if an item was generally
available.
In considering an item’s economic
and technological feasibility, USDA
examined evidence pointing to the
general commercial use of an item and
cost and performance characteristics.
This information was obtained from the
sources used to assess an item’s
availability. Commercial use, in turn,
was evidenced by any or all of the
following: (1) An item being listed in
the CTC Report; (2) manufacturer and
vendor information on the availability,
relative prices, and performance of their
products; and (3) evidence of an item
being purchased by a Federal agency or
other entity, where available. In sum,
USDA considered an item economically
and technologically feasible for
purposes of designation if products
within that item are being offered and
used in the marketplace.
In considering the life cycle costs of
items proposed for designation, USDA
used the National Institute of Standards
and Technology Building for
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Environmental and Economic
Sustainability (BEES) analysis to test
individual products within each
proposed item. (Detailed information on
this analytical tool can be found on the
Web site https://www.bfrl.nist.gov/oae/
software/bees.html.) The BEES analysis
measures the environmental
performance and the economic
performance of a product.
Environmental performance is
measured in the BEES analysis using the
internationally-standardized and
science-based life cycle assessment
approach specified in the International
Organization for Standardization (ISO)
14000 standards. All stages in the life of
a product are analyzed: Raw material
production; manufacture;
transportation; installation; use; and
recycling and waste management. The
BEES environmental performance
analysis includes human health as one
of its components. The time period over
which environmental performance is
measured begins with raw material
production and ends with disposal
(waste management). The BEES
environmental performance analysis
also addresses products made from
biobased feedstocks.
In addition to the information
provided by the BEES environmental
performance analysis, or by the
alternative ASTM International (ASTM)
D7075 ‘‘Standard Practice for Evaluating
and Reporting Environmental
Performance of Biobased Products,’’ the
biodegradability of certain biobased
products may be a key environmental
consideration in the selection of a
product for purchase by Federal
agencies. For example, mobile
equipment hydraulic fluids may be used
in environmentally sensitive areas such
as wetlands or National Forests, and the
biodegradability of biobased fluids may
be of interest to the users. Similarly, the
biodegradability of biobased lubricants
would be a key environmental attribute
to be considered. Single use, short life
packaging and consumer plastics, and
coated paper products may beneficially
be composted along with other
biowastes to generate much needed
compost for land application. In such
cases, the biodegradability of the
products under composting conditions
is a key environmental consideration.
To deter manufacturers from making
false or unproven claims of product
biodegradability, USDA is proposing
that, if biodegradability is claimed by
the manufacturer as a characteristic of a
biobased product, the product must
meet the appropriate, product-specific
ASTM biodegradability standard(s).
ASTM biodegradability standards
include: D5864 ‘‘Standard Test Method
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for Determining the Aerobic Aquatic
Biodegradation of Lubricants or Their
Components’’; D6139 ‘‘Standard Test
Method for Determining the Aerobic
Aquatic Biodegradation of Lubricants or
Their Components Using the Gledhill
Shake Flask’’; D6006 ‘‘Standard Guide
for Assessing Biodegradability of
Hydraulic Fluids’’; D6400 ‘‘Standard
Specification for Compostable Plastics’’
and the standards cited therein; and
D6868 ‘‘Standard Specification for
Biodegradable Plastics Used as Coatings
on Paper and Other Compostable
Substrates.’’
USDA is proposing to adopt ASTM
biodegradability standards because
there are no other biodegradability
standards in the U.S. written by any
other standards writing organizations,
because ASTM standards are already in
use within industry, and because ASTM
is the oldest and most well-established
standards writing organization in the
world. In addition, ASTM standards are
widely used and referenced for both
regulatory and procurement purposes by
the Federal government.
Economic performance in the BEES
analysis is measured using the ASTM
standard life cycle cost method (ASTM
E917), which covers the costs of initial
investment, replacement, operation,
maintenance and repair, and disposal.
The time frame for economic
performance extends from the purchase
of the product to final disposal.
USDA then utilized the BEES results
of individual products within a
designated item in its consideration of
the life cycle costs at the item level.
There is a single unit of comparison
associated with each designated item.
The basis for the unit of comparison is
the ‘‘functional unit,’’ defined so that
the products compared are true
substitutes for one another. If significant
differences have been identified in the
useful lives of alternative products
within a designated item (e.g., if one
product lasts twice as long as another)
the functional unit will include
reference to a time dimension to
account for the frequency of product
replacement. The functional unit also
will account for products used in
different amounts for equivalent service.
For example, one urethane roof coating
product may be environmentally and
economically preferable to another on a
pound-for-pound basis, but may require
twice the mass to cover one square foot
of roof, and last half as long, as the other
product. To account for these
performance differences, the functional
unit for the urethane roof coating item
would be ‘‘one square foot of
application for 50 years’’ instead of ‘‘one
pound of urethane roof coating.’’ The
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functional unit provides the critical
reference point to which all BEES
results for products within an item are
scaled. Because functional units vary
from item to item, performance
comparisons are valid only among
products within a designated item.
In gathering information relevant to
the analyses discussed above, USDA
made extensive efforts to contact and
request information and product
samples from representatives of all
known manufacturers of products
within the items proposed for
designation. However, because the
submission of information was on a
strictly voluntary basis, USDA was able
to obtain information and samples only
from those manufacturers who were
willing voluntarily to invest the
resources required to gather and submit
the information and samples. USDA
used the samples to test for biobased
content and the information to conduct
the BEES analyses. The data presented
are all the data that were submitted in
response to USDA requests for
information from all known
manufacturers of the products within
the six items proposed for designation.
While USDA would prefer to have
complete data on the full range of
products within each item, the data that
were submitted are sufficient to support
designation of the items in today’s
proposed rulemaking.
To propose an item for designation,
USDA must have sufficient information
on a sufficient number of products
within an item to be able to assess its
availability and its economic and
technological feasibility, including its
life cycle costs. For some items, there
may be numerous products available.
For other items, there may be only one
product currently available. USDA has
determined that the number of products
available in an item, by itself, is not
critical in determining whether or not to
propose the item for designation. Given
the infancy of the market for some
items, it is not unexpected that single
product items will be identified.
Further, given that the intent of section
9002 is largely to stimulate the
production of new biobased products
and to energize emerging markets for
those products, USDA has determined
that the identification of even a single
biobased product within an item is
sufficient to consider the designation of
that item. Similarly, the documented
availability, benefits, and life cycle costs
of even a very small percentage of all
products that may exist within an item
are also considered sufficient to support
designation.
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B. Items Proposed for Designation
In today’s proposed rulemaking,
USDA is proposing to designate six
items for the preferred procurement
program: mobile equipment hydraulic
fluids; urethane roof coatings; water
tank coatings; diesel fuel additives;
penetrating lubricants; and bedding, bed
linens, and towels. USDA has
determined that each of these six items
meets the necessary statutory
requirements—that they are being
produced with biobased products and
that their procurement will carry out the
objectives of section 9002:
• To improve demand for biobased
products;
• To spur development of the
industrial base through value-added
agricultural processing and
manufacturing in rural communities;
and
• To enhance the Nation’s energy
security by substituting biobased
products for fossil energy-based
products derived from imported oil and
natural gas.
Further, USDA has sufficient
information on these six items to
determine their availability and to
conduct the requisite analyses to
determine their biobased content and
their economic and technological
feasibility, including life cycle costs.
USDA selected these six items for this
notice of proposed rulemaking because
USDA was able to expeditiously
identify and analyze these items.
Finally, in proposing ‘‘bedding, bed
linens, and towels’’ as a designated
item, USDA is using information on the
availability of biobased fibers produced
by two manufacturers. Currently
blankets are being produced using one
of these manufacturer’s biobased fibers.
USDA is unaware of any products
within this item being produced with
the other manufacturer’s biobased
fibers. Based on the production of these
blankets with biobased fibers and
information on the potential use of
either manufacturer’s biobased fibers in
similar products, USDA thinks that
using the information available on
biobased blankets to create a broader
item designation (i.e., bedding, bed
linens, and towels) is reasonable. In
addition, USDA thinks that the broader
designation will further hasten
development and use of biobased
products within this item. USDA
solicits comments on the
appropriateness of creating this broader
item designation.
Section 2902.5(c)(2) of the final
guidelines states that USDA will not
designate items for preferred
procurement that are determined to
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have mature markets. Mature markets
are described as items that had
significant national market penetration
in 1972. USDA contacted
manufacturers, manufacturing
associations, and industry researchers to
determine if any of the items proposed
for designation today had a significant
market share in 1972. The USDA
research found that none of the six
items proposed for designation today
had a significant market share in 1972
and that, generally, products within
these proposed designated items have
only been available for 10 to 15 years.
Each of the six proposed designated
items are discussed in the following
sections.
1. Mobile Equipment Hydraulic Fluids
Mobile equipment hydraulic fluids
represent that group of hydraulic fluid
products formulated for use in nonstationary equipment such as tractors,
end loaders, or backhoes.
For biobased mobile equipment
hydraulic fluids, USDA identified 10
different manufacturers producing 32
individual products. These 10
manufacturers do not necessarily
include all manufacturers of biobased
mobile equipment hydraulic fluids,
merely those identified during USDA
information gathering activities.
Information supplied by these
manufacturers indicates that each of
these products has been tested against
one or more industry performance
standards and is being used
commercially. USDA contacted
procurement officials with various
Federal agencies including GSA, several
offices within DLA, the Office of the
Federal Environmental Executive
(OFEE), USDA Departmental
Administration, and the Office of
Management and Budget (OMB) in an
effort to gather information on the
purchases of products within the six
items proposed for designation today.
Communications with these officials
lead to the conclusion that obtaining
credible current usage statistics and
specific potential markets within the
Federal government for biobased
products is not possible at this time.
Most of the contacted officials reported
that procurement data are reported in
higher level groupings of materials and
supplies than the proposed designated
items. Also, the purchasing of such
materials as part of contracted services
and with individual purchase cards
used to purchase products locally
further obscures credible data on
purchases of specific products. USDA
also investigated the Web site
FEDBIZOPPS.gov, a site which lists
Federal contract purchase opportunities
greater than $25,000. The information
provided on this Web site, however, is
for broad categories of products rather
than the specific types of products that
are included in today’s rulemaking.
Therefore, USDA has been unable to
obtain data on the amount of mobile
equipment hydraulic fluids purchased
by Federal agencies. However, USDA is
aware that the various Federal agencies,
including USDA, operate non-stationary
equipment, such as construction or
agricultural machinery, with hydraulic
cylinders. In addition, many Federal
agencies contract for services involving
the use of such equipment. Thus,
Federal agencies have a need for mobile
equipment hydraulic fluids and for
services which require the use of mobile
equipment hydraulic fluids. Therefore,
designation of mobile equipment
hydraulic fluids will promote the use of
biobased products, furthering the
objectives of this program.
An analysis of the environmental and
human health benefits and the life cycle
costs of biobased mobile equipment
hydraulic fluid was performed for three
of the products using the BEES
analytical tool. Table 1 summarizes the
BEES results for the three mobile
equipment hydraulic fluid products. As
seen in Table 1, the environmental
performance score, which includes
human health, ranges from 2.46 to 3.22
points per 55 gallon drum of fluid. The
environmental performance score
indicates the share of annual per capita
U.S. environmental impacts that is
attributable to 1 drum (55 gallons) of the
product, expressed in 100ths of 1
percent. For example, the total amount
of criteria air pollutants emitted in the
U.S. in one year was divided by the total
U.S. population to derive a ‘‘criteria air
pollutants per person value.’’ The
production and use of one drum of
Fluid A was estimated to contribute
0.000088 percent of this value.
TABLE 1.—SUMMARY OF BEES RESULTS FOR MOBILE EQUIPMENT HYDRAULIC FLUID
Mobile equipment hydraulic fluid
Parameters
Fluid A
BEES Environmental Performance—Total Score 1 2 ...............................................................................
Acidification (5%) .....................................................................................................................................
Criteria Air Pollutants (6%) ......................................................................................................................
Ecological Toxicity (11%) ........................................................................................................................
Eutrophication (5%) .................................................................................................................................
Fossil Fuel Depletion (5%) ......................................................................................................................
Global Warming (16%) ............................................................................................................................
Habitat Alteration (16%) ..........................................................................................................................
Human Health (11%) ...............................................................................................................................
Indoor Air (11%) ......................................................................................................................................
Ozone Depletion (5%) .............................................................................................................................
Smog (6%) ...............................................................................................................................................
Water Intake (3%) ....................................................................................................................................
Economic Performance (Life Cycle Costs($)) .........................................................................................
First Cost 3 ...............................................................................................................................................
Future Cost (3.9%) ..................................................................................................................................
Fluid B
2.8411
0.0002
0.0088
0.4573
0.8642
0.4630
0.2759
0.0000
0.1968
0.0000
0.0000
0.2200
0.3549
768.61
768.61
(4 )
Functional Unit .........................................................................................................................................
2.4611
0.0001
0.0076
0.3201
0.5203
0.7958
0.1949
0.0000
0.2571
0.0000
0.0000
0.1554
0.2098
497.14
497.14
(4 )
Fluid C
3.2248
0.0003
0.0107
0.5826
1.1129
0.3617
0.3507
0.0000
0.0662
0.0000
0.0000
0.2820
0.4577
470.25
470.25
(4 )
one 55-gallon drum
1 Performance
comparisons are valid only among products within a designated item.
in parentheses indicate weighting factor. The weighting factors represent the relative importance of the 12 environmental impacts,
including human health impacts, that contribute to the BEES Environmental Score. They are derived from lists of the relative importance of these
impacts developed by the EPA Science Advisory Board for the purpose of advising EPA as to how best to allocate its limited resources among
environmental impact areas. Note that a lower Environmental Performance score is better than a higher score.
3 Costs are per functional unit.
4 Future costs are discounted to present value using the OMB discount rate of 3.9 percent. For this item, no significant/quantifiable performance or durability differences were identified among competing alternative products. Therefore, future costs were not calculated.
2 Numbers
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The life cycle costs of the submitted
mobile equipment hydraulic fluids
range from $470 to $769 (present value
dollars) per 55 gallon drum of fluid.
Present value dollars represent the sum
of all costs associated with a product
over a fixed period of time, including
any applicable costs for purchase,
installation, replacement, operation,
maintenance and repair, and disposal.
Present value dollars presented here
reflect 2004 dollars. Dollars are
expressed in present value terms to
adjust for the effects of inflation. The
complete results of the BEES analysis,
extrapolated to the item level, can be
found at https://
www.biobased.oce.usda.gov.
2. Urethane Roof Coatings
Urethane roof coatings represent that
group of coating products formulated for
use in commercial roof deck systems to
provide a single coat monolith roof
coating system. These products are
typically applied as a spray coating and
can be incorporated with mesh
substrates to provide a reinforced
surface. Urethane roof coatings can be
applied over traditional roof systems,
polyurethane foams, and expanded
polystyrene insulation materials to
provide a tough resilient protective
system.
For urethane roof coatings, USDA has
identified one manufacturer producing a
single biobased product. This
manufacturer may not be the only
manufacturer of biobased urethane roof
coatings; it is merely the only one
identified during USDA’s information
gathering activities. This product has
been tested against six ASTM
performance standards and is being
used commercially. As discussed in the
section on mobile equipment hydraulic
fluids, USDA attempted to gather data
on the potential market for biobased
products within the Federal
government. These attempts were
unsuccessful. However, Federal
agencies routinely procure building
construction, renovation, and repair
services and materials, including roof
coatings. Requiring Federal agencies to
give preference to the use of biobased
roof coatings will advance the goals and
objectives of section 9002.
An analysis of the environmental and
human health benefits and the life cycle
costs of biobased urethane roof coatings
was performed using the BEES
analytical tool (see Table 2). As seen in
Table 2, the environmental performance
score, which includes human health,
was 0.0067 points per square foot of
application (at 100 mils thickness) for
50 years. The environmental
performance score indicates the share of
U.S. environmental impacts attributable
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38617
inflation. The complete results of the
BEES analysis, extrapolated to the item
level, can be found at https://
www.biobased.oce.usda.gov.
to 1 square foot of application (at 100
mils thickness) for 50 years, expressed
in 100ths of 1 percent.
TABLE 2.—SUMMARY OF BEES RE3. Water Tank Coatings
SULTS FOR URETHANE ROOF COATINGS
Urethane
roof coating
Parameters
BEES Environmental Performance—Total Score 1 2 ............
Acidification (5%) ......................
Criteria Air Pollutants (6%) .......
Ecological Toxicity (11%) .........
Eutrophication (5%) ..................
Fossil Fuel Depletion (5%) .......
Global Warming (16%) .............
Habitat Alteration (16%) ...........
Human Health (11%) ................
Indoor Air (11%) .......................
Ozone Depletion (5%) ..............
Smog (6%) ................................
Water Intake (3%) ....................
Economic Performance (Life
Cycle Costs ($)) ....................
First Cost 4 ................................
Future Cost (3.9%) ...................
Functional Unit ..........................
0.0067
0.0000
0.0000
0.0017
0.0010
0.0014
0.0004
0.0000
0.0008
0.0000
0.0000
0.0002
0.0012
3 2.50
(1.25)
2.50 (1.25)
5 0.00
(6)
1 Performance comparisons are valid only
among products within a designated item.
2 Numbers in parentheses indicate weighting
factor. The weighting factors represent the relative importance of the 12 environmental impacts, including human health impacts, that
contribute to the BEES Environmental Score.
They are derived from lists of the relative importance of these impacts developed by the
EPA Science Advisory Board for the purpose
of advising EPA as to how best to allocate its
limited resources among environmental impact
areas. Note that a lower Environmental Performance score is better than a higher score.
3 Higher values associated with standard
prices. Values in parentheses reflect discounted price for volume purchase.
4 Costs are per functional unit.
5 There are no operation, maintenance, or
repair costs beyond total replacement costs.
Because the projected life of the coating is 50
years, the cost of replacement, when discounted to present value using the OMB discount rate of 3.9 percent, is less than one
penny. Thus, a value of zero was reported.
6 One square foot of application for 50
years.
The life cycle cost of the submitted
urethane roof coating was $2.50 (present
value dollars) per square foot of
application (at 100 mils thickness) for
50 years. The manufacturer also
indicated that it offers high volume
purchase discounts. Using the
discounted price, a life cycle cost of
$1.25 was calculated. Present value
dollars represent the sum of all costs
associated with a product over a fixed
period of time, including any applicable
costs for purchase, installation,
replacement, operation, maintenance
and repair, and disposal. Present value
dollars presented here reflect 2004
dollars. Dollars are expressed in present
value terms to adjust for the effects of
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Water tank coatings represent that
group of coating products formulated for
use in potable water storage systems.
These products are typically applied as
a sprayed on thick film coating to
provide a durable, maintenance-free,
protective liner. Water tank coatings can
be applied over both concrete and steel
water tanks and reservoirs providing
extended life cycle protection.
For water tank coatings, USDA
identified one manufacturer producing a
single biobased product. This
manufacturer may not be the only
manufacturer of biobased water tank
coatings; it is merely the only one
identified during USDA information
gathering activities. This product has
been tested against six ASTM
performance standards and the
Underwriters Laboratory Testing for
Potable Water Approval standard, and is
being used commercially. As discussed
in the section on mobile equipment
hydraulic fluids, USDA attempted to
gather data on the potential market for
biobased products within the Federal
government. These attempts were
unsuccessful. However, many Federal
agencies have potable water storage
tanks and reservoirs. Requiring Federal
agencies to give preference to the use of
biobased water tank coatings will
advance the goals and objectives of
section 9002.
An analysis of the environmental and
human health benefits and the life cycle
costs of biobased water tank coatings
was performed using the BEES
analytical tool (see Table 3). As seen in
Table 3, the environmental performance
score, which includes human health,
was 0.0083 points and indicates the
share of U.S. environmental impacts
attributable to 1 square foot of
application (at 125 mils thickness) for
30 years, expressed in 100ths of 1
percent.
TABLE 3.—SUMMARY OF BEES
RESULTS FOR WATER TANK COATINGS
Parameters
BEES Environmental Performance—Total Score 1 2 ............
Acidification (5%) ......................
Criteria Air Pollutants (6%) .......
Ecological Toxicity (11%) .........
Eutrophication (5%) ..................
Fossil Fuel Depletion (5%) .......
Global Warming (16%) .............
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Water tank
coating
0.0083
0.0000
0.0000
0.0021
0.0012
0.0017
0.0005
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TABLE 3.—SUMMARY OF BEES RE- discounted price, a life cycle cost of
SULTS FOR WATER TANK COAT- $1.56 was calculated. Present value
dollars represent the sum of all costs
INGS—Continued
Water tank
coating
Parameters
Habitat Alteration (16%) ...........
Human Health (11%) ................
Indoor Air (11%) .......................
Ozone Depletion (5%) ..............
Smog (6%) ................................
Water Intake (3%) ....................
Economic Performance (Life
Cycle Costs ($)) ....................
First Cost 4 ................................
Future Cost (3.9%) ...................
Functional Unit ..........................
0.0000
0.0010
0.0000
0.0000
0.0003
0.0015
3 3.12
(1.56)
3.12 (1.56)
5 0.00
(6)
1 Performance
comparisons are valid only
among products within a designated item.
2 Numbers in parentheses indicate weighting
factor. The weighting factors represent the relative importance of the 12 environmental impacts, including human health impacts, that
contribute to the BEES Environmental Score.
They are derived from lists of the relative importance of these impacts developed by the
EPA Science Advisory Board for the purpose
of advising EPA as to how best to allocate its
limited resources among environmental impact
areas. Note that a lower Environmental Performance score is better than a higher score.
3 Higher values associated with standard
prices. Values in parentheses reflect discounted price for volume purchase.
4 Costs are per functional unit.
5 There are no operation, maintenance, or
repair costs beyond total replacement costs.
Because the projected life of the coating is 30
years, the cost of replacement, when discounted to present value using the OMB discount rate of 3.9 percent, is less than one
penny. Thus, a value of zero was reported.
6 One square foot of application for 30
years.
The life cycle cost of the submitted
water tank coating was $3.12 (present
value dollars) per square foot of
application (at 125 mils thickness) for
30 years. The manufacturer also
indicated that it offers high volume
purchase discounts. Using the
associated with a product over a fixed
period of time, including any applicable
costs for purchase, installation,
replacement, operation, maintenance
and repair, and disposal. Present value
dollars presented here reflect 2004
dollars. Dollars are expressed in present
value terms to adjust for the effects of
inflation. The complete results of the
BEES analysis, extrapolated to the item
level, can be found at https://
www.biobased.oce.usda.gov.
4. Diesel Fuel Additives
Commercially available biobased
diesel fuel additives are formulated as
the mono alkyl esters of long chain fatty
acids derived from renewable lipid
sources. They are produced through the
reaction of a vegetable oil or animal fat
with methanol or ethanol in the
presence of a catalyst to yield glycerin
(as a byproduct) and the methyl or ethyl
esters used as diesel fuel additives.
Biobased diesel fuel additives are
blended with petroleum diesel for use
in compression ignition (diesel) engines.
Its physical and chemical properties as
it relates to operation of diesel engines
are similar to petroleum-based diesel
fuel.
For biobased diesel fuel additives,
USDA identified 31 different
manufacturers producing 42 individual
products. These 31 manufacturers do
not necessarily include all
manufacturers of biobased diesel fuel
additives, merely those identified
during USDA information gathering
activities. Information supplied by these
manufacturers indicates that these
products have been tested using ASTM
D6751, Standard Specification for
Biodiesel Fuel (B100) Blend Stock for
Distillate Fuels, and are being used
commercially.
The sulfur that is present in
conventional diesel fuel is one of the
compounds that provides necessary
lubrication to certain engine
components such as fuel injection
pumps. Biobased diesel fuel additives
provide similar lubricating properties to
those provided by sulfur. As the use of
low-sulfur diesel fuel is mandated by
regulations implemented to reduce
emissions of particulate matter and
sulfur oxides, the use of diesel fuel
additives to replace the lubricating
properties of sulfur will be essential.
According to Department of Energy
(DOE) estimates of diesel fuel purchases
for Federal fleet usage, there is a
significant market opportunity for
biobased diesel fuel additives.
Therefore, designation of diesel fuel
additives will promote the use of
biobased products, furthering the
objectives of this program.
An analysis of the environmental and
human health benefits and the life cycle
costs of biobased diesel fuel additives
was performed for one of the products
using the BEES analytical tool. In
addition, a second BEES analysis was
conducted on industry average data
supplied by the National Biodiesel
Board. Table 4 summarizes the BEES
results. As seen in Table 4, the
environmental performance scores,
which includes human health, were
0.023 and 0.029 points per gallon of
product. The environmental
performance score indicates the share of
annual per capita U.S. environmental
impacts that is attributable to 1 gallon
of the product, expressed in 100ths of 1
percent.
TABLE 4.—SUMMARY OF BEES RESULTS FOR DIESEL FUEL ADDITIVES
Diesel fuel additives
Parameters
Industry
average data
BEES Environmental Performance—Total Score1 2 ................................................................................................
Acidification (5%) .....................................................................................................................................................
Criteria Air Pollutants (6%) ......................................................................................................................................
Ecological Toxicity (11%) ........................................................................................................................................
Eutrophication (5%) .................................................................................................................................................
Fossil Fuel Depletion (5%) ......................................................................................................................................
Global Warming (16%) ............................................................................................................................................
Habitat Alteration (16%) ..........................................................................................................................................
Human Health (11%) ...............................................................................................................................................
Indoor Air (11%) ......................................................................................................................................................
Ozone Depletion (5%) .............................................................................................................................................
Smog (6%) ...............................................................................................................................................................
Water Intake (3%) ....................................................................................................................................................
Economic Performance (Life Cycle Costs ($)) ........................................................................................................
First Cost 3 ...............................................................................................................................................................
Future Cost (3.9%) ..................................................................................................................................................
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0.0231
0.0000
0.0002
0.0047
0.0035
0.0072
0.0035
0.0000
0.0023
0.0000
0.0000
0.0008
0.0009
2.15
2.15
(4)
Additive A
0.0287
0.0000
0.0003
0.0014
0.0026
0.0145
0.0038
0.0000
0.0048
0.0000
0.0000
0.0006
0.0007
2.25
2.25
(4 )
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Federal Register / Vol. 70, No. 127 / Tuesday, July 5, 2005 / Proposed Rules
TABLE 4.—SUMMARY OF BEES RESULTS FOR DIESEL FUEL ADDITIVES—Continued
Diesel fuel additives
Parameters
Industry
average data
Functional Unit .........................................................................................................................................................
Additive A
one gallon
1 Performance comparisons are valid only among products within a
2 Numbers in parentheses indicate weighting factor. The weighting
designated item.
factors represent the relative importance of the 12 environmental impacts,
including human health impacts, that contribute to the BEES Environmental Score. They are derived from lists of the relative importance of these
impacts developed by the EPA Science Advisory Board for the purpose of advising EPA as to how best to allocate its limited resources among
environmental impact areas. Note that a lower Environmental Performance score is better than a higher score.
3 Costs are per functional unit.
4 Future costs are discounted to present value using the OMB discount rate of 3.9 percent. For this item, no significant/quantifiable performance or durability differences were identified among competing alternative products. Therefore, future costs were not calculated.
The life cycle costs for the industry
average data and the one submitted
diesel fuel additive were $2.15 and
$2.25 (present value dollars) per gallon
of product, respectively. Present value
dollars represent the sum of all costs
associated with a product over a fixed
period of time, including any applicable
costs for purchase, installation,
replacement, operation, maintenance
and repair, and disposal. Present value
dollars presented here reflect 2004
dollars. Dollars are expressed in present
value terms to adjust for the effects of
inflation. The complete results of the
BEES analysis, extrapolated to the item
level, can be found at https://
www.biobased.oce.usda.gov.
5. Penetrating Lubricants
Penetrating lubricants represent that
group of products formulated to provide
light lubrication and corrosion
resistance in close tolerant internal and
external applications including frozen
nuts and bolts, power tools, gears,
valves, chains, and cables.
For biobased penetrating lubricants,
USDA identified 9 different
manufacturers producing 9 individual
products. These 9 manufacturers do not
necessarily include all manufacturers of
biobased penetrating lubricants, merely
those identified during USDA
information gathering activities.
Information supplied by these
manufacturers indicate that each of
these products has been tested against
one or more industry performance
standards and is being used
commercially. As discussed in the
section on mobile equipment hydraulic
fluids, USDA attempted to gather data
on the potential market for biobased
products within the Federal
government. These attempts were
unsuccessful. However, various Federal
agencies, including USDA, operate or
contract for the operation of overhaul
facilities. Such facilities would use
penetrating lubricants. Thus Federal
agencies have a need for penetrating
lubricants or for services which require
the use of penetrating lubricants.
Therefore, designation of penetrating
lubricants will promote the use of
biobased products, furthering the
objectives of this program.
An analysis of the environmental and
human health benefits and the life cycle
costs of biobased penetrating lubricants
was performed for two of the products
using the BEES analytical tool. Table 5
summarizes the BEES results. As seen in
Table 5, the environmental performance
scores, which includes human health,
were 16.64 and 20.82 points per 55
gallon drum of product. The
environmental performance score
indicates the share of annual per capita
U.S. environmental impacts that is
attributable to 1 drum (55 gallons) of the
product, expressed in 100ths of 1
percent.
TABLE 5.—SUMMARY OF BEES RESULTS FOR PENETRATING LUBRICANTS
Penetrating lubricants
Parameters
Lubricant A
Score1 2
BEES Environmental Performance—Total
.......................................................................................................
Acidification (5%) .............................................................................................................................................................
Criteria Air Pollutants (6%) ..............................................................................................................................................
Ecological Toxicity (11%) ................................................................................................................................................
Eutrophication (5%) .........................................................................................................................................................
Fossil Fuel Depletion (5%) ..............................................................................................................................................
Global Warming (16%) ....................................................................................................................................................
Habitat Alteration (16%) ..................................................................................................................................................
Human Health (11%) .......................................................................................................................................................
Indoor Air (11%) ..............................................................................................................................................................
Ozone Depletion (5%) .....................................................................................................................................................
Smog (6%) .......................................................................................................................................................................
Water Intake (3%) ............................................................................................................................................................
Economic Performance (Life Cycle Costs ($)) ................................................................................................................
First Cost 3 .......................................................................................................................................................................
Future Cost (3.9%) 4 ........................................................................................................................................................
Functional Unit .................................................................................................................................................................
1 Performance comparisons are valid only among products within a
2 Numbers in parentheses indicate weighting factor. The weighting
Lubricant B
16.6355
0.0008
0.1325
4.6811
0.7865
6.4847
1.6861
0.0000
2.1279
0.0000
0.0001
0.2843
0.4515
7,868.18
929.02
6,939.16
20.8208
0.0014
0.0754
3.1058
5.1291
5.4267
1.9323
0.0000
1.6275
0.0000
0.0000
1.4366
2.0860
6,774.53
799.89
5,974.64
one 55-gallon drum over
10 years of use
designated item.
factors represent the relative importance of the 12 environmental impacts,
including human health impacts, that contribute to the BEES Environmental Score. They are derived from lists of the relative importance of these
impacts developed by the EPA Science Advisory Board for the purpose of advising EPA as to how best to allocate its limited resources among
environmental impact areas. Note that a lower Environmental Performance score is better than a higher score.
3 Costs are per functional unit.
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costs are discounted to present value using the OMB discount rate of 3.9 percent.
The life cycle costs of the two
submitted penetrating lubricants were
$6,775 and $7,868 (present value
dollars) per 55 gallon drum of the
product over 10 years of use. Present
value dollars represent the sum of all
costs associated with a product over a
fixed period of time, including any
applicable costs for purchase,
installation, replacement, operation,
maintenance and repair, and disposal.
Present value dollars presented here
reflect 2004 dollars. Dollars are
expressed in present value terms to
adjust for the effects of inflation. The
complete results of the BEES analysis,
extrapolated to the item level, can be
found at https://
www.biobased.oce.usda.gov.
6. Bedding, Bed Linens, and Towels
Bedding, bed linens, and towels
represent a group of cloth products
produced by weaving fibers made from
qualifying biobased feedstock or by
weaving fibers made from qualifying
biobased feedstock in combination with
other fibers. Other types of fibers with
which biobased fibers may be blended
include natural fibers (such as wool and
cotton) and man-made textile fibers
derived from petroleum-based resins.
This item includes: bed coverings such
as blankets, bedspreads, and comforters;
sheets and pillowcases; and towels.
For bedding, bed linens, and towels,
USDA identified one manufacturer
producing biobased products. This
manufacturer may not be the only
manufacturer of biobased bedding, bed
linens, and towels; it is merely the only
one identified during USDA information
gathering activities. The one identified
manufacturer of biobased bedding, bed
linens, and towels produces biobased
blankets (in 12 different sizes, weights,
and blends) that are commercially
available on the market. These products
have been tested against three ASTM
performance standards and four
American Association of Textile
Chemists and Colorists’ standards. As
discussed in the section on mobile
equipment hydraulic fluids, USDA
attempted to gather data on the potential
market for biobased products within the
Federal government. These attempts
were unsuccessful. However, several
Federal agencies routinely procure
bedding materials and towels. Requiring
Federal agencies to give preference to
the use of biobased bedding, bed linens,
and towels will advance the goals and
objectives of section 9002.
An analysis of the environmental and
human health benefits and the life cycle
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costs of one biobased blanket was
performed using the BEES analytical
tool (see Table 6). As seen in Table 6,
the environmental performance score,
which includes human health, was 0.19
points and indicates the share of U.S.
environmental impacts attributable to
one blanket (average weighted size 90
inches by 96 inches, 4 pounds),
expressed in 100ths of 1 percent.
Present value dollars presented here
reflect 2004 dollars. Dollars are
expressed in present value terms to
adjust for the effects of inflation. The
complete results of the BEES analysis,
extrapolated to the item level, can be
found at https://
www.biobased.oce.usda.gov.
C. Minimum Biobased Contents
Section 9002(e)(1)(C) directs USDA to
TABLE 6.—SUMMARY OF BEES RE- recommend minimum biobased content
SULTS FOR BEDDING, BED LINENS, levels where appropriate. In today’s
AND TOWELS
proposed rulemaking, USDA is
Bedding,
bed linens,
and towels
Parameters
BEES Environmental Performance—Total Score 1 2 ............
Acidification (5%) ......................
Criteria Air Pollutants (6%) .......
Ecological Toxicity (11%) .........
Eutrophication (5%) ..................
Fossil Fuel Depletion (5%) .......
Global Warming (16%) .............
Habitat Alteration (16%) ...........
Human Health (11%) ................
Indoor Air (11%) .......................
Ozone Depletion (5%) ..............
Smog (6%) ................................
Water Intake (3%) ....................
Economic Performance (Life
Cycle Costs ($)) ....................
First Cost 3 ................................
Future Cost (3.9%) ...................
Functional Unit ..........................
0.1901
0.0000
0.0013
0.0087
0.0521
0.0747
0.0195
0.0000
0.0238
0.0000
0.0000
0.0043
0.0057
139.99
139.99
(4)
(5)
1 Performance comparisons are valid only
among products within a designated item.
2 Numbers in parentheses indicate weighting
factor. The weighting factors represent the relative importance of the 12 environmental impacts, including human health impacts, that
contribute to the BEES Environmental Score.
They are derived from lists of the relative importance of these impacts developed by the
EPA Science Advisory Board for the purpose
of advising EPA as to how best to allocate its
limited resources among environmental impact
areas. Note that a lower Environmental Performance score is better than a higher score.
3 Costs are per functional unit.
4 Future costs are discounted to present
value using the OMB discount rate of 3.9 percent. For this item, no significant/quantifiable
performance or durability differences were
identified among competing alternative products. Therefore, future costs were not calculated.
5 One blanket (average size 90 inches x 96
inches, 4 pounds).
The life cycle cost of the submitted
blanket was $139.99 (present value
dollars) for one blanket (average
weighted size 90 by 96, 4 pounds).
Present value dollars represent the sum
of all costs associated with a product
over a fixed period of time, including
any applicable costs for purchase,
installation, replacement, operation,
maintenance and repair, and disposal.
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proposing a minimum biobased product
content for each of the six items
proposed for designation based on
information currently available to
USDA. As discussed in Section IV.A of
this preamble, USDA relied entirely on
manufacturers’ voluntary submission of
data to support the proposed
designation of these six items. The data
presented in the following paragraphs
are the results from all of the product
samples that were submitted for
analysis. Based on information supplied
by the manufacturers, USDA has
confirmed that the qualifying biobased
content in each of the samples tested is
derived, in whole or in significant part,
from renewable domestic agricultural or
forestry material.
USDA has identified only one product
each in two of the items (urethane roof
coatings and water tank coatings)
proposed for designation in today’s
notice. USDA has determined that
setting a minimum biobased content for
an item, even on the basis of a single
product, is appropriate. Establishing a
minimum biobased content will
encourage competition among
manufacturers to develop products with
higher biobased contents and will
prevent products with de minimus
biobased content from being purchased
as a means of satisfying the
requirements of section 9002. While
USDA is proposing the minimum
acceptable biobased content for each
designated item, Federal agencies are
encouraged to seek products with the
highest biobased content that is
practicable.
The following paragraphs summarize
the information that USDA used to
propose minimum biobased contents
within each proposed designated item.
1. Mobile Equipment Hydraulic Fluids
Fourteen of the 32 mobile equipment
hydraulic fluids identified have been
tested for biobased content using ASTM
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D6866.1 The biobased content of these
14 fluids ranged from 24 percent to 99
percent. Thirteen of the 14 fluids tested
had biobased contents higher than 47
percent.
USDA is proposing to set the
minimum biobased content for this item
at 24 percent, the lowest biobased
content of the tested fluids. USDA is
proposing this minimum content for
three reasons. First, not all hydraulic
fluids serve the same markets and meet
the same industry standards; that is, not
all fluids are interchangeable in their
applications. The product containing 24
percent biobased content was
formulated for use in high performance,
low pour-point markets where many
other biobased hydraulic fluids would
not be suitable. It is in the best interests
of the program for minimum biobased
content to be set at levels that will
realistically allow products to possess
the necessary performance attributes
and allow them to compete with fossil
energy based products in performance
and economics. Second, the highest
biobased content that is economically
and technologically feasible for some
markets might be substantially less than
100 percent. The designation of items
should encourage the development of
more biobased products for all
applications that could be served by an
item. The third reason for setting the
minimum biobased content at the
lowest level found among the sampled
products is the desire to encourage the
most widespread usage of biobased
mobile equipment hydraulic fluid by
Federal agencies. The performance
characteristics found in the product
with 24 percent biobased content are
expected to result in its purchase and
use by agencies who would not be able
to use any of the competing, higher
biobased content, products because
those products do not meet their
specific performance requirements.
2. Urethane Roof Coatings
USDA tested one sample of the one
available urethane roof coating using
ASTM D6866. The biobased content of
this coating was 62 percent, which
USDA is proposing as the minimum
biobased content for this item.
As discussed earlier, USDA must
establish the minimum biobased content
for each item based on the information
1 ASTM
D6866 (Standard Test Methods for
Determining the Biobased Content of Natural Range
Materials Using Radiocarbon and Isotope Ratio
Mass Spectrometry Analysis) is used to distinguish
betwen carbon from fossil resources (non-biobased
carbon) and carbon from renewable sources
(biobased carbon). The biobased content is
expressed as the percentage of total carbon that is
biobased carbon.
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received from manufacturers of the item
even when the only information
available is on a single product within
an item. Also as discussed earlier, this
should not preclude the development of
products with higher biobased contents.
3. Water Tank Coatings
USDA tested one sample of the one
available water tank coating using
ASTM D6866. The biobased content of
this coating was 62 percent, which
USDA is proposing as the minimum
biobased content for this item. As
discussed above, USDA is establishing
the minimum biobased content based on
the analysis of the only product for
which information was provided.
4. Diesel Fuel Additives
Four of the 42 diesel fuel additives
identified have been tested for biobased
content using ASTM D6866. The
biobased content of all four of the diesel
fuel additives tested was from 93
percent to 95 percent. USDA has no
information to indicate that other
biobased diesel fuel additives would
have a significantly lower biobased
content. Because the range of the results
is so small, USDA is proposing to set the
minimum biobased content for this item
at 93 percent.
5. Penetrating Lubricants
Five of the 9 penetrating lubricants
identified have been tested for biobased
content using ASTM D6866. The
biobased content of these 5 penetrating
lubricants ranged from 26 percent to 99
percent. Four of the 5 penetrating
lubricants tested had biobased contents
of 71 percent or higher.
USDA evaluated the information
submitted by the manufacturer to
determine if there was anything unique
about the product that contained 26
percent biobased content, as it had done
for the mobile equipment hydraulic
fluid with the lowest reported biobased
content. Based on the information
currently available, USDA does not
think that this product possesses
qualities that are significantly different
from the other four tested products or
that enable it to be the only biobased
option for a significant market segment.
As indicated above, 4 of the 5 samples
tested had biobased contents at or above
71 percent. Therefore, USDA is
proposing to set the minimum biobased
content for this item at 71 percent.
6. Bedding, Bed Linens, and Towels
USDA tested one sample of a biobased
blanket using ASTM D6866. The
biobased content of this blanket was 100
percent. However, the manufacturer of
the blanket sampled also manufactures
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blankets using blends of biobased
synthetic fibers and wool. One of the
key objectives of section 9002 is to
encourage the development of new and
emerging products manufactured with
biobased materials. For example,
because USDA considers wool and
cotton products such as blankets to be
mature products, the wool and cotton
portion of these blankets is not
considered to be a qualifying biobased
feedstock. While ASTM D6866 can be
used to distinguish the fossil-based
carbon content in a product from the
biobased carbon content, it cannot be
used to distinguish among biobased
materials. Thus, the method cannot be
used to determine what percentage of
the biobased content of a product is a
non-qualifying feedstock such as wool
or cotton. In cases where the biobased
portion of a product is a combination of
qualifying and non-qualifying biobased
feedstocks, USDA must rely on
manufacturer’s product formulation
data to determine the qualifying portion
of the total biobased content of the
product. According to information
provided by the manufacturer, the
minimum amount of biobased synthetic
fibers used in any of their blends is 50
percent.
USDA also has received information
on another synthetic fiber, made with 37
percent qualifying biobased feedstock,
that can be used in the manufacture of
bedding, bed linens, and towels.
Combining the 37 percent qualifying
biobased fibers with wool or cotton
fibers in a 50/50 blend would result in
a finished product with a qualifying
biobased content of about 18 percent.
Based on product information on these
two biobased synthetic fibers, USDA is
proposing that the minimum biobased
content for this designated item be 18
percent (based on the amount of
qualifying biobased carbon in the
product as a percent of the weight
(mass) of the total organic carbon in the
product). The biobased content of this
designated item would be based on
ASTM D6866 to determine the total
biobased content of the product and,
when the product is a blend of
qualifying and non-qualifying biobased
feedstocks, the manufacturer’s
formulation data to determine the
percentage of the total biobased content
that is qualifying biobased materials.
D. Effective Date for Procurement
Preference and Incorporation Into
Specifications
USDA intends for the final rule to
take effect thirty (30) days after
publication. The changes to sections
2902.2 and 2902.8 would take effect at
that time. However, under the terms of
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the proposed rule, Federal agencies
would have a one-year transition period,
from the date of publication of the final
rule, before the procurement preference
for biobased products within a
designated item would take effect.
USDA proposes a one-year period
before the preferences would take effect
based on an understanding that Federal
agencies will need time to incorporate
the preferences into procurement
documents and to revise existing
standardized specifications. Section
9002(d) and section 2902(c) explicitly
acknowledge the latter need for Federal
agencies that have the responsibility for
drafting or reviewing specifications for
procurement items to be procured by
Federal agencies to have sufficient time
to complete the necessary processes to
revise the affected specifications to give
preference to biobased products when
purchasing the designated items.
Federal agencies will need time to
evaluate the economic and
technological feasibility of the available
biobased products for their agencyspecific uses and for compliance with
agency-specific requirements, including
manufacturers’ warranties for
machinery in which the biobased
products would be used. For these
reasons, USDA proposes that the
mandatory preference for biobased
products under the designated items
take effect one year after promulgation
of the final rule. The one-year period
provides these agencies with ample time
to evaluate the economic and
technological feasibility of biobased
products for a specific use and to revise
the specifications accordingly. However,
some agencies may be able to complete
these processes more expeditiously, and
not all uses will require extensive
analysis or revision of existing
specifications. Although allowing up to
one year, USDA encourages Federal
agencies to implement the procurement
preferences as early as practicable for
procurement actions involving one or
more of the designated items.
V. Where Can Agencies Get More
Information on These USDA-Designated
Items?
Once the item designations in today’s
proposal become final, manufacturers
and vendors voluntarily may post
information on specific products,
including product and contact
information, on the USDA biobased
products Web site https://
www.biobased.oce.usda.gov. USDA will
periodically audit the information
displayed on the Web site and, where
questions arise, contact the
manufacturer or vendor to verify,
correct, or remove incorrect or out-of-
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date information. Federal agencies
should contact the manufacturers and
vendors directly to discuss specific
needs and to obtain detailed
information on the availability and
prices of biobased products meeting
those needs.
By accessing the new Web site,
agencies will also be able to obtain the
voluntarily-posted information on each
product concerning: Relative price; life
cycle costs; hot links directly to a
manufacturer’s or vendor’s Web site (if
available); performance standards
(industry, government, military, ASTM/
ISO) that the product has been tested
against; and detailed environmental and
public health information from the
BEES analysis or the alternative analysis
embedded in the ASTM Standard
D7075, ‘‘Standard Practice for
Evaluating and Reporting
Environmental Performance of Biobased
Products.’’
VI. Regulatory Information
A. Executive Order 12866: Regulatory
Planning and Review
Executive Order 12866 requires
agencies to determine whether a
regulatory action is ‘‘significant.’’ The
Order defines a ‘‘significant regulatory
action’’ as one that is likely to result in
a rule that may: ‘‘(1) Have an annual
effect on the economy of $100 million
or more or adversely affect, in a material
way, the economy, a sector of the
economy, productivity, competition,
jobs, the environment, public health or
safety, or State, local, or tribal
governments or communities; (2) Create
a serious inconsistency or otherwise
interfere with an action taken or
planned by another agency; (3)
Materially alter the budgetary impact of
entitlements, grants, user fees, or loan
programs or the rights and obligations of
recipients thereof; or (4) Raise novel
legal or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in this Executive
Order.’’
It has been determined that this rule
is not a ‘‘significant regulatory action’’
under the terms of Executive Order
12866. The annual economic effect
associated with today’s proposed rule
has not been quantified because the
information necessary to estimate the
effect does not exist. As was discussed
earlier in this preamble, USDA made
extensive efforts to obtain information
on the Federal agencies’ usage of the six
items proposed for designation. These
efforts were unsuccessful. Therefore,
attempts to determine the economic
impacts of today’s proposed rule would
necessitate estimating the anticipated
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market penetration of biobased
products, which would entail many
assumptions and, thus, be of
questionable value. Also, the proposed
program allows Federal agencies the
option of not purchasing biobased
products if the costs are deemed
‘‘unreasonable.’’ Because USDA has no
information on how the various
agencies will determine what is
‘‘unreasonable,’’ it is impossible to
quantify the impact this option would
have on the economic effect of the rule.
Therefore, USDA relied on a qualitative
assessment to reach the judgment that
the annual economic effect of the
designation of these six items is less
than $100 million, and likely to be
substantially less than $100 million.
This judgment was based primarily on
the offsetting nature of the program (an
increase in biobased products
purchased with a corresponding
decrease in petroleum products
purchased) and, secondarily, on the
ability of Federal agencies not to
purchase these items if costs are judged
unreasonable, which would reduce the
economic effect.
1. Summary of Impacts
Today’s proposed rulemaking is
expected to have both positive and
negative impacts to individual
businesses, including small businesses.
USDA anticipates that the biobased
preferred procurement program will
provide additional opportunities for
businesses to begin supplying biobased
materials to manufacturers of mobile
equipment hydraulic fluids, urethane
roof coatings, water tank coatings, diesel
fuel additives, penetrating lubricants,
and bedding, bed linens, and towels and
to begin supplying these products made
with biobased materials to Federal
agencies. In addition, other businesses,
including small businesses, that do not
directly contract with Federal agencies
may be affected positively by the
increased demand for these biobased
materials and products. However, other
businesses that manufacture and supply
only non-qualifying products and do not
offer a biobased alternative product may
experience a decrease in demand for
their products. Thus, today’s proposed
rule will likely increase the demand for
biobased products, while decreasing the
demand for non-qualifying products. It
is anticipated that this will create a
largely ‘‘offsetting’’ economic impact.
USDA is unable to determine the
number of businesses, including small
businesses, that may be adversely
affected by today’s proposed rule. If a
business currently supplies mobile
equipment hydraulic fluids, urethane
roof coatings, water tank coatings, diesel
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fuel additives, penetrating lubricants,
and bedding, bed linens, and towels to
a procuring agency and those products
do not qualify as biobased products, the
proposed rule may reduce that
company’s ability to compete for future
contracts. However, the proposed rule
will not affect existing purchase orders,
nor will it preclude businesses from
modifying their product lines to meet
new specifications or solicitation
requirements for these products
containing biobased materials. Thus,
many businesses, including small
businesses, that market to Federal
agencies have the option to modify their
product lines to meet the new biobased
specifications.
2. Summary of Benefits
The designation of these six items
provides the benefits outlined in the
objectives of section 9002: To increase
domestic demand for many agricultural
commodities that can serve as
feedstocks for production of biobased
products; to spur development of the
industrial base through value-added
agricultural processing and
manufacturing in rural communities; to
enhance the Nation’s energy security by
substituting biobased products for fossil
energy-based products derived from
imported oil and natural gas; and to
substitute products with a possibly
more benign or beneficial
environmental impact, as compared to
the use of fossil energy-based products.
By purchasing these biobased products,
Federal agencies can increase
opportunities for all of these benefits.
On a national and regional level, today’s
proposed rule can result in expanding
and strengthening markets for biobased
materials used in these six items.
However, because the extent to which
Federal agencies will find the
performance and costs of biobased
products acceptable is unknown, it is
impossible to quantify the actual
economic effect of today’s proposed
rule. USDA, however, anticipates the
annual economic effect of the
designation of these six items to be
substantially below the $100 million
threshold. In addition, today’s proposed
rule does not: Create serious
inconsistency or otherwise interfere
with an action taken or planned by
another agency; materially alter the
budgetary impact of entitlements,
grants, user fees, or loan programs or the
rights and obligations of recipients
thereof; or raise novel legal or policy
issues arising out of legal mandates, the
President’s priorities, or the principles
set forth in Executive Order 12866.
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B. Regulatory Flexibility Act (RFA)
The RFA, 5 U.S.C. 601–602, generally
requires an agency to prepare a
regulatory flexibility analysis of any rule
subject to notice and comment
rulemaking requirements under the
Administrative Procedure Act or any
other statute unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. Small entities
include small businesses, small
organizations, and small governmental
jurisdictions.
USDA evaluated the potential impacts
of its proposed designations to
determine whether its actions would
have a significant impact on a
substantial number of small entities.
Because the Federal Biobased Products
Preferred Procurement Program in
section 9002 of FSRIA applies only to
Federal agencies, small governmental
(city, county, etc.) agencies are not
affected. Thus, the proposal, if
promulgated, will not have a significant
economic impact on small governmental
jurisdictions. USDA anticipates that this
program will affect entities, both large
and small, that manufacture or sell
biobased products. For example, the
designation of items for preferred
procurement will provide additional
opportunities for businesses to
manufacture and sell biobased products
to Federal agencies. Similar
opportunities will be provided for
entities that supply biobased materials
to manufacturers. Conversely, the
biobased procurement program may
decrease opportunities for businesses
that manufacture or sell non-biobased
products or provide components for the
manufacturing of such products.
However, the proposed rule will not
affect existing purchase orders and it
will not preclude Federal agencies from
continuing to purchase non-biobased
items under certain conditions relating
to the availability, performance, or cost
of biobased items. Today’s proposed
rule will also not preclude businesses
from modifying their product lines to
meet new specifications or solicitation
requirements for these products
containing biobased materials. Thus, the
economic impacts of today’s proposed
rule are not expected to be significant.
The intent of section 9002 is largely
to stimulate the production of new
biobased products and to energize
emerging markets for those products.
Because the program is still in its
infancy, however, it is unknown how
many businesses will ultimately be
affected. While USDA has no data on
the number of small businesses that may
choose to develop and market products
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38623
within the six items proposed for
designation by today’s proposed
rulemaking, the number is expected to
be small. Because biobased products
represent a small emerging market, only
a small percentage of all manufacturers,
large or small, are expected to develop
and market biobased products. Thus,
the number of small businesses affected
by today’s proposed rulemaking is not
expected to be substantial.
After considering the economic
impacts of today’s proposed rule on
small entities, USDA certifies that this
action will not have a significant
economic impact on a substantial
number of small entities. This rule,
therefore, does not require a regulatory
flexibility analysis.
While not a factor relevant to
determining whether the proposed rule
will have a significant impact for RFA
purposes, USDA has concluded that the
effect of today’s proposed rule would be
to provide positive opportunities to
businesses engaged in the manufacture
of these biobased products. Purchase
and use of these biobased products by
Federal agencies increase demand for
these products and result in private
sector development of new
technologies, creating business and
employment opportunities that enhance
local, regional, and national economies.
Technological innovation associated
with the use of biobased materials can
translate into economic growth and
increased industry competitiveness
worldwide, thereby, creating
opportunities for small entities.
C. Executive Order 12630:
Governmental Actions and Interference
With Constitutionally Protected Property
Rights
This proposed rule has been reviewed
in accordance with Executive Order
12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights, and does not
contain policies that would have
implications for these rights.
D. Executive Order 12988: Civil Justice
Reform
This proposed rule has been reviewed
in accordance with Executive Order
12988, Civil Justice Reform. This
proposed rule does not preempt State or
local laws, is not intended to have
retroactive effect, and does not involve
administrative appeals.
E. Executive Order 13132: Federalism
This proposed rule does not have
sufficient federalism implications to
warrant the preparation of a Federalism
Assessment. Provisions of this proposed
rule will not have a substantial direct
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effect on States or their political
subdivisions or on the distribution of
power and responsibilities among the
various government levels.
F. Unfunded Mandates Reform Act of
1995
This proposed rule contains no
Federal mandates under the regulatory
provisions of Title II of the Unfunded
Mandates Reform Act of 1995 (UMRA),
2 U.S.C. 1531–1538, for State, local, and
tribal governments, or the private sector.
Therefore, a statement under section
202 of UMRA is not required.
G. Executive Order 12372:
Intergovernmental Review of Federal
Programs
For the reasons set forth in the Final
Rule Related Notice for 7 CFR part 3015,
subpart V (48 FR 29115, June 24, 1983),
this program is excluded from the scope
of the Executive Order 12372, which
requires intergovernmental consultation
with State and local officials. This
program does not directly affect State
and local governments.
H. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Today’s proposed rule does not
significantly or uniquely affect ‘‘one or
more Indian tribes, * * * the
relationship between the Federal
Government and Indian tribes, or * * *
the distribution of power and
responsibilities between the Federal
Government and Indian tribes.’’ Thus,
no further action is required under
Executive Order 13175.
I. Paperwork Reduction Act
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
through 3520), the information
collection under this proposed rule is
currently approved under OMB control
number 0503–0011.
J. Government Paperwork Elimination
Act Compliance
The Office of Energy Policy and New
Uses is committed to compliance with
the Government Paperwork Elimination
Act (GPEA) (44 U.S.C. 3504 note),
which requires Government agencies in
general to provide the public the option
of submitting information or transacting
business electronically to the maximum
extent possible. USDA is implementing
an electronic information system for
posting information voluntarily
submitted by manufacturers or vendors
on the products they intend to offer for
preferred procurement under each item
designated. For information pertinent to
GPEA compliance related to this rule,
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please contact Marvin Duncan at (202)
401–0461.
List of Subjects in 7 CFR Part 2902
Biobased products, Procurement.
For the reasons stated in the
preamble, the Department of Agriculture
proposes to amend 7 CFR chapter XXIX
as follows:
CHAPTER XXIX—OFFICE OF ENERGY
POLICY AND NEW USES, DEPARTMENT OF
AGRICULTURE
PART 2902—GUIDELINES FOR
DESIGNATING BIOBASED PRODUCTS
FOR FEDERAL PROCUREMENT
1. The authority citation for part 2902
continues to read as follows:
Authority: 7 U.S.C. 8102.
2. Add in alphabetical order
definitions for ‘‘biodegradability’’ and
‘‘functional unit’’ to § 2902.2 to read as
follows:
§ 2902.2
Definitions.
*
*
*
*
*
Biodegradability. A quantitative
measure of the extent to which a
material is capable of being decomposed
by biological agents, especially bacteria.
*
*
*
*
*
Functional unit. A measure of product
technical performance that provides a
common reference to which all
environmental and economic impacts of
the product are scaled. This reference is
necessary to ensure comparability of
performance results across competing
products. Comparability of results is
critical when competing product
alternatives are being assessed to ensure
that such comparisons are made on a
common basis. For example, the
functional unit for competing interior
paint products may be defined as
‘‘protecting one square foot of interior
wall surface for 50 years.’’
*
*
*
*
*
3. Add paragraph (c) to § 2902.8 to
read as follows:
§ 2902.8 Determining life cycle costs,
environmental and health benefits, and
performance.
(c) Biodegradability information. If
biodegradability is claimed by the
manufacturer of a qualifying biobased
product as a characteristic of that
product, USDA requires that, if
requested by Federal agencies, these
claims be verified using the appropriate,
product-specific ASTM biodegradability
standard(s). ASTM biodegradability
standards include: D5864 ‘‘Standard
Test Method for Determining the
Aerobic Aquatic Biodegradation of
Lubricants or Their Components’’;
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D6139 ‘‘Standard Test Method for
Determining the Aerobic Aquatic
Biodegradation of Lubricants or Their
Components Using the Gledhill Shake
Flask’’; D6006 ‘‘Standard Guide for
Assessing Biodegradability of Hydraulic
Fluids’’; D6400 ‘‘Standard Specification
for Compostable Plastics’’ and the
standards cited therein; and D6868
‘‘Standard Specification for
Biodegradable Plastics Used as Coatings
on Paper and Other Compostable
Substrates.’’ Such testing must be
conducted by an ASTM/ISO compliant
laboratory. The procuring official will
decide whether biodegradability data
must be brand-name specific in the case
of products that are essentially of the
same formulation.
4. Add §§ 2902.10 through 2902.15 to
subpart B to read as follows:
§ 2902.10
fluids.
Mobile equipment hydraulic
(a) Definition. Hydraulic fluids
formulated for use in non-stationary
equipment such as tractors, end loaders,
or backhoes.
(b) Minimum biobased content. The
minimum biobased content is 24
percent and shall be based on the
amount of qualifying biobased carbon in
the product as a percent of the weight
(mass) of the total organic carbon in the
product.
(c) Preference effective date. No later
than [date one year after the date of
publication of the final rule], Federal
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased mobile equipment
hydraulic fluids. By that date, Federal
agencies that have the responsibility for
drafting or reviewing specifications for
procurement items to be procured by
Federal agencies shall ensure that the
relevant specifications require the use of
biobased mobile equipment hydraulic
fluids.
§ 2902.11
Urethane roof coatings.
(a) Definition. Coatings formulated for
use in commercial roof deck systems to
provide a single coat monolith coating
system.
(b) Minimum biobased content. The
minimum biobased content is 62
percent and shall be based on the
amount of qualifying biobased carbon in
the product as a percent of the weight
(mass) of the total organic carbon in the
product.
(c) Preference effective date. No later
than [date one year after the date of
publication of the final rule], Federal
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased urethane roof
coatings. By that date, Federal agencies
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Federal Register / Vol. 70, No. 127 / Tuesday, July 5, 2005 / Proposed Rules
that have the responsibility for drafting
or reviewing specifications for
procurement items to be procured by
Federal agencies shall ensure that the
relevant specifications require the use of
biobased urethane roof coatings.
§ 2902.12
Water tank coatings.
(a) Definition. Coatings formulated for
use in potable water storage systems.
(b) Minimum biobased content. The
minimum biobased content is 62
percent and shall be based on the
amount of qualifying biobased carbon in
the product as a percent of the weight
(mass) of the total organic carbon in the
product.
(c) Preference effective date. No later
than [date one year after the date of
publication of the final rule], Federal
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased water tank coatings.
By that date, Federal agencies that have
the responsibility for drafting or
reviewing specifications for
procurement items to be procured by
Federal agencies shall ensure that the
relevant specifications require the use of
biobased water tank coatings.
§ 2902.13
Diesel fuel additives.
(a) Definition. A group of products,
formulated as the mono alkyl esters of
long chain fatty acids derived from
renewable lipid sources. They are
produced through the reaction of a
vegetable oil or animal fat with
methanol or ethanol in the presence of
a catalyst to yield glycerin (as a
byproduct) and the methyl or ethyl
esters used as diesel fuel additives.
Biobased diesel fuel additives are
blended with petroleum diesel for use
in compression ignition (diesel) engines.
(b) Minimum biobased content. The
minimum biobased content is 93
percent and shall be based on the
amount of qualifying biobased carbon in
the product as a percent of the weight
(mass) of the total organic carbon in the
product.
(c) Preference effective date. No later
than [date one year after the date of
publication of the final rule], Federal
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased diesel fuel
additives. By that date, Federal agencies
that have the responsibility for drafting
or reviewing specifications for
procurement items to be procured by
Federal agencies shall ensure that the
relevant specifications require the use of
biobased diesel fuel additives.
§ 2902.14
Penetrating lubricants.
(a) Definition. Products formulated to
provide light lubrication and corrosion
VerDate jul<14>2003
15:08 Jul 01, 2005
Jkt 205001
resistance in close tolerant internal and
external applications including frozen
nuts and bolts, power tools, gears,
valves, chains, and cables.
(b) Minimum biobased content. The
minimum biobased content is 71
percent and shall be based on the
amount of qualifying biobased carbon in
the product as a percent of the weight
(mass) of the total organic carbon in the
product.
(c) Preference effective date. No later
than [date one year after the date of
publication of the final rule], Federal
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased penetrating
lubricants. By that date, Federal
agencies that have the responsibility for
drafting or reviewing specifications for
procurement items to be procured by
Federal agencies shall ensure that the
relevant specifications require the use of
biobased penetrating lubricants.
§ 2902.15
Bedding, bed linens, and towels.
(a) Definition. (1) Bedding is that
group of woven cloth products used as
coverings on a bed. Bedding includes
products such as blankets, bedspreads,
comforters, and quilts.
(2) Bed linens are woven cloth sheets
and pillowcases used in bedding.
(3) Towels are woven cloth products
used primarily for drying and wiping.
(b) Minimum biobased content. The
minimum biobased content is 18
percent and shall be based on the
amount of qualifying biobased carbon in
the product as a percent of the weight
(mass) of the total organic carbon in the
product. The 18 percent biobased
content must be of a qualifying biobased
feedstock. Cotton and wool are not
qualifying biobased feedstocks for the
purpose of determining the biobased
content of bedding, bed linens, and
towels.
(c) Preference effective date. No later
than [date one year after the date of
publication of the final rule], Federal
agencies, in accordance with this part,
will give a procurement preference for
qualifying biobased bedding, bed linens,
and towels. By that date, Federal
agencies that have the responsibility for
drafting or reviewing specifications for
procurement items to be procured by
Federal agencies shall ensure that the
relevant specifications require the use of
biobased bedding, bed linens, and
towels.
Dated: June 27, 2005.
Keith Collins,
Chief Economist, U.S. Department of
Agriculture.
[FR Doc. 05–12978 Filed 7–1–05; 8:45 am]
BILLING CODE 3410–GL–P
PO 00000
Frm 00014
Fmt 4702
Sfmt 4702
38625
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–21719; Directorate
Identifier 2005–NE–19–AD]
RIN 2120–AA64
Airworthiness Directives; Hamilton
Sundstrand Power Systems (formerly
Sundstrand Power Systems) Auxiliary
Power Units Models T–62T–46C2, T–
62T–46C2A, T–62T–46C3, T–62T–46C7,
and T–62T–46C7A
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
SUMMARY: The FAA proposes to adopt a
new airworthiness directive (AD). The
new AD is for Hamilton Sundstrand
Power Systems (formerly Sundstrand
Power Systems) auxiliary power units
(APUs) models T–62T–46C2, T–62T–
46C2A, T–62T–46C3, T–62T–46C7, and
T–62T–46C7A, with compressor
impeller assembly, part number (P/N)
4502020 or 4502020A, installed. This
proposed AD would require removal
from service of those compressor
impeller assemblies at reduced service
life limits. This proposed AD results
from two reports of uncontained failures
of compressor impeller assemblies. We
are proposing this AD to prevent an
uncontained APU failure and damage to
the airplane.
DATES: We must receive any comments
on this proposed AD by September 6,
2005.
ADDRESSES: Use one of the following
addresses to comment on this proposed
AD.
• DOT Docket Web site: Go to
https://dms.dot.gov and follow the
instructions for sending your comments
electronically.
• Government-wide rulemaking Web
site: Go to https://www.regulations.gov
and follow the instructions for sending
your comments electronically.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590–
0001.
• Fax: (202) 493–2251.
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
You may examine the comments on
this proposed AD in the AD docket on
the Internet at https://dms.dot.gov.
E:\FR\FM\05JYP1.SGM
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Agencies
[Federal Register Volume 70, Number 127 (Tuesday, July 5, 2005)]
[Proposed Rules]
[Pages 38612-38625]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12978]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 70, No. 127 / Tuesday, July 5, 2005 /
Proposed Rules
[[Page 38612]]
DEPARTMENT OF AGRICULTURE
Office of Energy Policy and New Uses
7 CFR Part 2902
RIN 0503-AA26
Designation of Biobased Items for Federal Procurement
AGENCY: Office of Energy Policy and New Uses, USDA.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Agriculture (USDA) is proposing to
amend 7 CFR part 2902, Guidelines for Designating Biobased Products for
Federal Procurement, to add six sections to designate the following six
items that are made with biobased products that would be afforded
Federal procurement preference, as provided for under section 9002 of
the Farm Security and Rural Investment Act of 2002: Mobile equipment
hydraulic fluids; urethane roof coatings; water tank coatings; diesel
fuel additives; penetrating lubricants; and bedding, bed linens, and
towels. USDA also is proposing a minimum biobased content for each of
these items. Once USDA designates an item, Federal agencies are
required generally to purchase biobased products within these
designated items where the purchase price of the procurement item
exceeds $10,000 or where the quantity of such items or of functionally
equivalent items purchased over the preceding fiscal year equaled
$10,000 or more. USDA additionally proposes to revise section 2902.2 to
add definitions for ``biodegradability'' and ``functional unit'' and
section 2902.8 to adopt applicable ASTM International performance tests
to verify biodegradability.
DATES: USDA will accept public comments on this proposed rule until
September 6, 2005.
ADDRESSES: You may submit comments by any of the following methods. All
submissions received must include the agency name and Regulatory
Information Number (RIN). The RIN for this rulemaking is 0503-AA26.
Also, please identify submittals as pertaining to the ``Proposed
Designation of Items.''
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Agency Web site: https://www.biobased.oce.usda.gov. Follow
the instructions for submitting comments.
E-mail: fb4p@oce.usda.gov. Include RIN number 0503-AA26
and ``Proposed Designation of Items'' on the subject line. Please
include your name and address in your message.
Mail/commercial/hand delivery: Mail or deliver your
comments to: Marvin Duncan, USDA, Office of the Chief Economist, Office
of Energy Policy and New Uses, Room 4059, South Building, 1400
Independence Avenue SW., MS-3815, Washington, DC 20250-3815.
Persons with disabilities who require alternative means
for communication for regulatory information (braille, large print,
audiotape, etc.) should contact the USDA TARGET Center at (202) 720-
2600 (voice) and (202) 401-4133 (TDD).
FOR FURTHER INFORMATION CONTACT: Marvin Duncan, USDA, Office of the
Chief Economist, Office of Energy Policy and New Uses, Room 4059, South
Building, 1400 Independence Avenue, SW., MS-3815 Washington, DC 20250-
3815; e-mail: mduncan@oce.usda.gov; phone (202) 401-0461. Information
regarding the Federal Biobased Products Preferred Procurement Program
is available on the Internet at https://www.biobased.oce.usda.gov.
SUPPLEMENTARY INFORMATION: The information presented in this preamble
is organized as follows:
I. Authority
II. Background
A. Overview of Section 9002
B. Development of Guidelines
III. Summary of Today's Proposed Rulemaking
IV. Designation of Items, Minimum Biobased Contents, and Time Frame
A. Background
B. Items Proposed for Designation
C. Minimum Biobased Contents
D. Effective Date for Procurement Preference and Incorporation
into Specifications
V. Where Can Agencies Get More Information on These USDA-designated
Items?
VI. Regulatory Information
A. Executive Order 12866: Regulatory Planning and Review
B. Regulatory Flexibility Act (RFA)
C. Executive Order 12630: Governmental Actions and Interference
with Constitutionally Protected Property Rights
D. Executive Order 12988: Civil Justice Reform
E. Executive Order 13132: Federalism
F. Unfunded Mandates Reform Act of 1995
G. Executive Order 12372: Intergovernmental Review of Federal
Programs
H. Executive Order 13175: Consultation and Coordination with
Indian Tribal Governments
I. Paperwork Reduction Act
J. Government Paperwork Elimination Act Compliance
I. Authority
The designation of these items is proposed under the authority of
section 9002 of the Farm Security and Rural Investment Act of 2002
(FSRIA), 7 U.S.C. 8102 (referred to in this document as ``section
9002'').
II. Background
A. Overview of Section 9002
Section 9002 of FSRIA provides for the preferred procurement of
biobased products by Federal agencies. The objectives of this preferred
procurement program are threefold. The first objective is to increase
demand for biobased products. This would have beneficial effects,
including an increase in domestic demand for many agricultural
commodities that can serve as feedstocks for production of biobased
products. Another important effect would be the substitution of
products with a possibly more benign or beneficial environmental
impact, as compared to the use of fossil energy-based products.
The second objective is to spur development of the industrial base
through value-added agricultural processing and manufacturing in rural
communities. Because biobased feedstocks are largely produced in rural
settings and, in many cases because of their bulk require pre-
processing or manufacturing close to where they are grown, increased
dependence on biobased products appears likely to increase the amount
of pre-processing and manufacturing of biobased products in rural
regions of the Nation. This trend would help to create new investment,
job formation, and income generation in these rural regions.
[[Page 38613]]
The third objective is to enhance the Nation's energy security by
substituting biobased products for fossil energy-based products derived
from imported oil and natural gas. The growing dependence of the Nation
on imported oil and natural gas, along with heightened concerns about
political instability in some of the oil rich regions in the world,
have led the Congress to place a higher priority on domestic energy and
biobased resources.
Federal agencies are required to purchase biobased products, as
defined in regulations to implement the statute, for designated items
costing over $10,000 each or when the quantities of functionally
equivalent items purchased over the preceding fiscal year equaled
$10,000 or more. Each Federal agency must procure biobased products
within each designated item unless the agency determines that the items
are not reasonably available within a reasonable period of time, fail
to meet applicable performance standards, or are available only at an
unreasonable price. Procurements by a Federal agency subject to section
6002 of the Solid Waste Disposal Act (42 U.S.C. 6962) are not subject
to the requirements under section 9002 to the extent that the
requirements of the two programs are inconsistent.
Section 9002 also requires USDA to provide information to Federal
agencies on the availability, relative price, performance, and
environmental and public health benefits of such items and, under
section 9002(e)(1)(C), to recommend when appropriate the minimum level
of biobased content to be contained in the procured products.
To achieve these objectives, section 9002 requires Federal agencies
to develop procurement programs that give preference to the purchase of
biobased products. To ensure that items composed of biobased products
will be purchased to the maximum extent practicable, section 9002
requires each agency procurement program to adopt and implement one of
the following options: (1) Award contracts to the vendor offering an
item composed of the highest percentage of biobased products content
practicable; (2) establish minimum biobased products content
specifications which are set in such a way as to ensure that the
biobased products content required is consistent with the requirements
of section 9002; or (3) a substantially equivalent alternative. An
example of a substantially equivalent alternative would be where a
Federal agency elects to implement the first option for most items, but
establishes the second option for a specified subset of items.
USDA recognizes that choices for procurement importantly depend on
the performance needs for a given application. USDA is not requiring
procuring agencies to limit their choices to qualified biobased
products that fall under the items for designation in this proposed
rule. Rather, the effect of the designation of the items is to require
procuring agencies to determine their performance needs, determine
whether there are qualified biobased products that fall under the
designated items that meet those needs, and to purchase such qualified
biobased products to the maximum extent practicable as required by
section 9002.
USDA Departmental Administration, Office of Procurement and
Property Management, will issue guidance to Federal agencies regarding
a model Biobased Products Preference Program, a promotion program for
the Preference Program, and an annual review and monitoring of the
effectiveness of an agency Preference Program. Information on the model
Biobased Products Preference Program and other documents and tools is
available on the USDA Federal Biobased Products Preferred Procurement
Program Web site at https://www.biobased.oce.usda.gov.
There are a number of preference purchasing programs that Federal
procurement officials must take into account when planning a
procurement. There is, however, only one biobased product preferred
procurement program. When USDA designates by rulemaking an item (a
generic grouping of products) for preferred procurement under the
Federal Biobased Products Preferred Procurement Program, manufacturers
of all products under the umbrella of that item that meet the
requirements to qualify for preferred procurement can claim that status
for their products. USDA will invite the manufacturers of these
qualifying products to post product and contact information on its Web
site, https://www.biobased.oce.usda.gov. Federal agencies will be able
to utilize this Web site as one tool to determine the availability of
qualifying biobased products under a designated item. Procurement
officials are encouraged to select products that fall within as many of
the environmental programs as possible under the Federal Acquisition
Regulation (FAR) part 23. To the extent that procurement officials will
have to choose between products under different programs, procurement
officials should look to the FAR for guidance regarding the relative
priority of the various preferences.
As required under section 9002(e)(1), USDA consulted with the
Environmental Protection Agency (EPA), the General Services
Administration (GSA), and the Department of Commerce National Institute
of Standards and Technology (NIST) regarding various aspects of today's
proposed rulemaking. USDA also consulted with several Offices within
the Defense Logistics Agency (DLA) and the USDA Departmental
Administration. These consultations focused on topics such as the time
frame for incorporating designated items into procurement
specifications, the environmental and economic performance of
designated items, the biobased content of designated items, and the
availability of market demand information.
B. Development of Guidelines
On December 19, 2003, USDA published in the Federal Register (68 FR
70730) a proposed rule to establish guidelines implementing the
provisions of section 9002. A 60-day comment period followed, during
which USDA received 271 comments from 64 commenters. The comments were
from private citizens, consultants, individual companies, industry
organizations and trade groups, nonprofit organizations, universities,
a Member of Congress, and State and Federal agencies.
After considering these comments, USDA made revisions and
clarifications to the proposed guidelines. The final guidelines were
published in the Federal Register on January 11, 2005, (70 FR 1792),
along with a summary of the comments and USDA responses to those
comments. The final guidelines are contained in 7 CFR part 2902,
``Guidelines for Designating Biobased Products for Federal
Procurement.'' The part is divided into two subparts, ``Subpart A-
General,'' and ``Subpart B-Designated Items.'' Subpart A addresses the
purpose and scope of the guidelines and their applicability, provides
guidance on product availability and procurement, defines terms used in
the part, and addresses affirmative procurement programs and USDA
funding for testing. Subpart B, which was reserved in the final
guidelines, will be amended each time designated item rules (including
today's proposed rule) are finalized and will identify and define the
designated items, specify their minimum biobased contents, specify the
time frames by which Federal agencies must incorporate the designated
items into their procurement specifications, and specify any other
factors relevant to specific designated items.
[[Page 38614]]
III. Summary of Today's Proposed Rulemaking
Today, USDA is proposing to designate the following six items for
preferred procurement by Federal agencies: mobile equipment hydraulic
fluids; urethane roof coatings; water tank coatings; diesel fuel
additives; penetrating lubricants; and bedding, bed linens, and towels
(see Section IV.B). USDA is also proposing a minimum biobased content
for each of these items (see Section IV.C). USDA is also proposing to
establish a time frame for Federal agencies to incorporate designated
items into their procurement specifications (see Section IV.D).
USDA is also proposing in today's proposed rulemaking to amend
section 2902.2, to add definitions of the terms ``biodegradability''
and ``functional unit'', and to amend section 2902.8 to require the use
of applicable ASTM performance tests to verify manufacturer or vendor
claims that their biobased products are biodegradable.
In today's proposed rulemaking, USDA is providing information on
its findings as to the availability, economic and technical
feasibility, environmental and public health benefits, and life cycle
costs for each of the six designated items. Information on the
availability, relative price, performance, and environmental and public
health benefits of products within each of these six items is not
presented in this notice. Instead, Section V provides instructions to
agencies on how to obtain this information on products within these
items through the following Web site: https://www.biobased.oce.usda.gov.
Finally, today's proposed rulemaking is the first in a series of
actions to designate items. USDA invites comment on the proposed
designation of these items, including the definition, proposed minimum
biobased content, time frame for incorporation into Federal agencies'
procurement specifications, requirement for determining
biodegradability, and any of the relevant analyses performed during the
selection of these items. Comments should be submitted as directed in
the ADDRESSES section above.
IV. Designation of Items, Minimum Biobased Contents, and Time Frame
A. Background
In order to designate items (generic groupings of specific products
such as crankcase oils or products that contain qualifying biobased
fibers) for preferred procurement, section 9002 requires USDA to
consider: (1) the availability of items; and (2) the economic and
technological feasibility of using the items, including the life cycle
costs of the items.
In considering an item's availability, USDA used several sources of
information. The initial source of information USDA used was a report
entitled ``USDA Biobased Products Sourcebook Outreach: An Evaluation of
Industry Perspectives on Proposed Biobased Product Content
Guidelines,'' April 2002. This report was prepared for USDA by
Concurrent Technologies Corporation and is referred to as the ``CTC
Report.'' (USDA has posted the CTC Report on its informational Web
site, https://www.biobased.oce.usda.gov. The report can also be viewed
at the Office of Energy Policy and New Uses, Room 4059, South Building,
1400 Independence Avenue, SW., MS-3815, Washington, DC 20250-3815. To
arrange a viewing, contact Marvin Duncan at (202) 401-0461.) The
purpose of the CTC Report was to provide descriptions of biobased items
(generic groupings of products), including a proposed biobased content
level. Then, USDA performed Internet searches, contacted trade
associations (such as the Biobased Manufacturers Association) and
commodity groups, searched the Thomas Register (a database, used as a
resource for finding companies and products manufactured in North
America, containing over 173,000 entries), and contacted individual
manufacturers and vendors to identify those manufacturers and vendors
with biobased products within items being considered for designation.
USDA used the results of these same searches to determine if an item
was generally available.
In considering an item's economic and technological feasibility,
USDA examined evidence pointing to the general commercial use of an
item and cost and performance characteristics. This information was
obtained from the sources used to assess an item's availability.
Commercial use, in turn, was evidenced by any or all of the following:
(1) An item being listed in the CTC Report; (2) manufacturer and vendor
information on the availability, relative prices, and performance of
their products; and (3) evidence of an item being purchased by a
Federal agency or other entity, where available. In sum, USDA
considered an item economically and technologically feasible for
purposes of designation if products within that item are being offered
and used in the marketplace.
In considering the life cycle costs of items proposed for
designation, USDA used the National Institute of Standards and
Technology Building for Environmental and Economic Sustainability
(BEES) analysis to test individual products within each proposed item.
(Detailed information on this analytical tool can be found on the Web
site https://www.bfrl.nist.gov/oae/software/bees.html.) The BEES
analysis measures the environmental performance and the economic
performance of a product.
Environmental performance is measured in the BEES analysis using
the internationally-standardized and science-based life cycle
assessment approach specified in the International Organization for
Standardization (ISO) 14000 standards. All stages in the life of a
product are analyzed: Raw material production; manufacture;
transportation; installation; use; and recycling and waste management.
The BEES environmental performance analysis includes human health as
one of its components. The time period over which environmental
performance is measured begins with raw material production and ends
with disposal (waste management). The BEES environmental performance
analysis also addresses products made from biobased feedstocks.
In addition to the information provided by the BEES environmental
performance analysis, or by the alternative ASTM International (ASTM)
D7075 ``Standard Practice for Evaluating and Reporting Environmental
Performance of Biobased Products,'' the biodegradability of certain
biobased products may be a key environmental consideration in the
selection of a product for purchase by Federal agencies. For example,
mobile equipment hydraulic fluids may be used in environmentally
sensitive areas such as wetlands or National Forests, and the
biodegradability of biobased fluids may be of interest to the users.
Similarly, the biodegradability of biobased lubricants would be a key
environmental attribute to be considered. Single use, short life
packaging and consumer plastics, and coated paper products may
beneficially be composted along with other biowastes to generate much
needed compost for land application. In such cases, the
biodegradability of the products under composting conditions is a key
environmental consideration.
To deter manufacturers from making false or unproven claims of
product biodegradability, USDA is proposing that, if biodegradability
is claimed by the manufacturer as a characteristic of a biobased
product, the product must meet the appropriate, product-specific ASTM
biodegradability standard(s). ASTM biodegradability standards include:
D5864 ``Standard Test Method
[[Page 38615]]
for Determining the Aerobic Aquatic Biodegradation of Lubricants or
Their Components''; D6139 ``Standard Test Method for Determining the
Aerobic Aquatic Biodegradation of Lubricants or Their Components Using
the Gledhill Shake Flask''; D6006 ``Standard Guide for Assessing
Biodegradability of Hydraulic Fluids''; D6400 ``Standard Specification
for Compostable Plastics'' and the standards cited therein; and D6868
``Standard Specification for Biodegradable Plastics Used as Coatings on
Paper and Other Compostable Substrates.''
USDA is proposing to adopt ASTM biodegradability standards because
there are no other biodegradability standards in the U.S. written by
any other standards writing organizations, because ASTM standards are
already in use within industry, and because ASTM is the oldest and most
well-established standards writing organization in the world. In
addition, ASTM standards are widely used and referenced for both
regulatory and procurement purposes by the Federal government.
Economic performance in the BEES analysis is measured using the
ASTM standard life cycle cost method (ASTM E917), which covers the
costs of initial investment, replacement, operation, maintenance and
repair, and disposal. The time frame for economic performance extends
from the purchase of the product to final disposal.
USDA then utilized the BEES results of individual products within a
designated item in its consideration of the life cycle costs at the
item level. There is a single unit of comparison associated with each
designated item. The basis for the unit of comparison is the
``functional unit,'' defined so that the products compared are true
substitutes for one another. If significant differences have been
identified in the useful lives of alternative products within a
designated item (e.g., if one product lasts twice as long as another)
the functional unit will include reference to a time dimension to
account for the frequency of product replacement. The functional unit
also will account for products used in different amounts for equivalent
service. For example, one urethane roof coating product may be
environmentally and economically preferable to another on a pound-for-
pound basis, but may require twice the mass to cover one square foot of
roof, and last half as long, as the other product. To account for these
performance differences, the functional unit for the urethane roof
coating item would be ``one square foot of application for 50 years''
instead of ``one pound of urethane roof coating.'' The functional unit
provides the critical reference point to which all BEES results for
products within an item are scaled. Because functional units vary from
item to item, performance comparisons are valid only among products
within a designated item.
In gathering information relevant to the analyses discussed above,
USDA made extensive efforts to contact and request information and
product samples from representatives of all known manufacturers of
products within the items proposed for designation. However, because
the submission of information was on a strictly voluntary basis, USDA
was able to obtain information and samples only from those
manufacturers who were willing voluntarily to invest the resources
required to gather and submit the information and samples. USDA used
the samples to test for biobased content and the information to conduct
the BEES analyses. The data presented are all the data that were
submitted in response to USDA requests for information from all known
manufacturers of the products within the six items proposed for
designation. While USDA would prefer to have complete data on the full
range of products within each item, the data that were submitted are
sufficient to support designation of the items in today's proposed
rulemaking.
To propose an item for designation, USDA must have sufficient
information on a sufficient number of products within an item to be
able to assess its availability and its economic and technological
feasibility, including its life cycle costs. For some items, there may
be numerous products available. For other items, there may be only one
product currently available. USDA has determined that the number of
products available in an item, by itself, is not critical in
determining whether or not to propose the item for designation. Given
the infancy of the market for some items, it is not unexpected that
single product items will be identified. Further, given that the intent
of section 9002 is largely to stimulate the production of new biobased
products and to energize emerging markets for those products, USDA has
determined that the identification of even a single biobased product
within an item is sufficient to consider the designation of that item.
Similarly, the documented availability, benefits, and life cycle costs
of even a very small percentage of all products that may exist within
an item are also considered sufficient to support designation.
B. Items Proposed for Designation
In today's proposed rulemaking, USDA is proposing to designate six
items for the preferred procurement program: mobile equipment hydraulic
fluids; urethane roof coatings; water tank coatings; diesel fuel
additives; penetrating lubricants; and bedding, bed linens, and towels.
USDA has determined that each of these six items meets the necessary
statutory requirements--that they are being produced with biobased
products and that their procurement will carry out the objectives of
section 9002:
To improve demand for biobased products;
To spur development of the industrial base through value-
added agricultural processing and manufacturing in rural communities;
and
To enhance the Nation's energy security by substituting
biobased products for fossil energy-based products derived from
imported oil and natural gas.
Further, USDA has sufficient information on these six items to
determine their availability and to conduct the requisite analyses to
determine their biobased content and their economic and technological
feasibility, including life cycle costs. USDA selected these six items
for this notice of proposed rulemaking because USDA was able to
expeditiously identify and analyze these items.
Finally, in proposing ``bedding, bed linens, and towels'' as a
designated item, USDA is using information on the availability of
biobased fibers produced by two manufacturers. Currently blankets are
being produced using one of these manufacturer's biobased fibers. USDA
is unaware of any products within this item being produced with the
other manufacturer's biobased fibers. Based on the production of these
blankets with biobased fibers and information on the potential use of
either manufacturer's biobased fibers in similar products, USDA thinks
that using the information available on biobased blankets to create a
broader item designation (i.e., bedding, bed linens, and towels) is
reasonable. In addition, USDA thinks that the broader designation will
further hasten development and use of biobased products within this
item. USDA solicits comments on the appropriateness of creating this
broader item designation.
Section 2902.5(c)(2) of the final guidelines states that USDA will
not designate items for preferred procurement that are determined to
[[Page 38616]]
have mature markets. Mature markets are described as items that had
significant national market penetration in 1972. USDA contacted
manufacturers, manufacturing associations, and industry researchers to
determine if any of the items proposed for designation today had a
significant market share in 1972. The USDA research found that none of
the six items proposed for designation today had a significant market
share in 1972 and that, generally, products within these proposed
designated items have only been available for 10 to 15 years.
Each of the six proposed designated items are discussed in the
following sections.
1. Mobile Equipment Hydraulic Fluids
Mobile equipment hydraulic fluids represent that group of hydraulic
fluid products formulated for use in non-stationary equipment such as
tractors, end loaders, or backhoes.
For biobased mobile equipment hydraulic fluids, USDA identified 10
different manufacturers producing 32 individual products. These 10
manufacturers do not necessarily include all manufacturers of biobased
mobile equipment hydraulic fluids, merely those identified during USDA
information gathering activities. Information supplied by these
manufacturers indicates that each of these products has been tested
against one or more industry performance standards and is being used
commercially. USDA contacted procurement officials with various Federal
agencies including GSA, several offices within DLA, the Office of the
Federal Environmental Executive (OFEE), USDA Departmental
Administration, and the Office of Management and Budget (OMB) in an
effort to gather information on the purchases of products within the
six items proposed for designation today. Communications with these
officials lead to the conclusion that obtaining credible current usage
statistics and specific potential markets within the Federal government
for biobased products is not possible at this time. Most of the
contacted officials reported that procurement data are reported in
higher level groupings of materials and supplies than the proposed
designated items. Also, the purchasing of such materials as part of
contracted services and with individual purchase cards used to purchase
products locally further obscures credible data on purchases of
specific products. USDA also investigated the Web site FEDBIZOPPS.gov,
a site which lists Federal contract purchase opportunities greater than
$25,000. The information provided on this Web site, however, is for
broad categories of products rather than the specific types of products
that are included in today's rulemaking. Therefore, USDA has been
unable to obtain data on the amount of mobile equipment hydraulic
fluids purchased by Federal agencies. However, USDA is aware that the
various Federal agencies, including USDA, operate non-stationary
equipment, such as construction or agricultural machinery, with
hydraulic cylinders. In addition, many Federal agencies contract for
services involving the use of such equipment. Thus, Federal agencies
have a need for mobile equipment hydraulic fluids and for services
which require the use of mobile equipment hydraulic fluids. Therefore,
designation of mobile equipment hydraulic fluids will promote the use
of biobased products, furthering the objectives of this program.
An analysis of the environmental and human health benefits and the
life cycle costs of biobased mobile equipment hydraulic fluid was
performed for three of the products using the BEES analytical tool.
Table 1 summarizes the BEES results for the three mobile equipment
hydraulic fluid products. As seen in Table 1, the environmental
performance score, which includes human health, ranges from 2.46 to
3.22 points per 55 gallon drum of fluid. The environmental performance
score indicates the share of annual per capita U.S. environmental
impacts that is attributable to 1 drum (55 gallons) of the product,
expressed in 100ths of 1 percent. For example, the total amount of
criteria air pollutants emitted in the U.S. in one year was divided by
the total U.S. population to derive a ``criteria air pollutants per
person value.'' The production and use of one drum of Fluid A was
estimated to contribute 0.000088 percent of this value.
Table 1.--Summary of BEES Results for Mobile Equipment Hydraulic Fluid
------------------------------------------------------------------------
Mobile equipment hydraulic fluid
Parameters --------------------------------------
Fluid A Fluid B Fluid C
------------------------------------------------------------------------
BEES Environmental Performance-- 2.8411 2.4611 3.2248
Total Score \1\ \2\.............
Acidification (5%)............... 0.0002 0.0001 0.0003
Criteria Air Pollutants (6%)..... 0.0088 0.0076 0.0107
Ecological Toxicity (11%)........ 0.4573 0.3201 0.5826
Eutrophication (5%).............. 0.8642 0.5203 1.1129
Fossil Fuel Depletion (5%)....... 0.4630 0.7958 0.3617
Global Warming (16%)............. 0.2759 0.1949 0.3507
Habitat Alteration (16%)......... 0.0000 0.0000 0.0000
Human Health (11%)............... 0.1968 0.2571 0.0662
Indoor Air (11%)................. 0.0000 0.0000 0.0000
Ozone Depletion (5%)............. 0.0000 0.0000 0.0000
Smog (6%)........................ 0.2200 0.1554 0.2820
Water Intake (3%)................ 0.3549 0.2098 0.4577
Economic Performance (Life Cycle 768.61 497.14 470.25
Costs($)).......................
First Cost \3\................... 768.61 497.14 470.25
Future Cost (3.9%)............... (\4\) (\4\) (\4\)
--------------
Functional Unit.................. one 55-gallon drum
------------------------------------------------------------------------
\1\ Performance comparisons are valid only among products within a
designated item.
\2\ Numbers in parentheses indicate weighting factor. The weighting
factors represent the relative importance of the 12 environmental
impacts, including human health impacts, that contribute to the BEES
Environmental Score. They are derived from lists of the relative
importance of these impacts developed by the EPA Science Advisory
Board for the purpose of advising EPA as to how best to allocate its
limited resources among environmental impact areas. Note that a lower
Environmental Performance score is better than a higher score.
\3\ Costs are per functional unit.
\4\ Future costs are discounted to present value using the OMB discount
rate of 3.9 percent. For this item, no significant/quantifiable
performance or durability differences were identified among competing
alternative products. Therefore, future costs were not calculated.
[[Page 38617]]
The life cycle costs of the submitted mobile equipment hydraulic
fluids range from $470 to $769 (present value dollars) per 55 gallon
drum of fluid. Present value dollars represent the sum of all costs
associated with a product over a fixed period of time, including any
applicable costs for purchase, installation, replacement, operation,
maintenance and repair, and disposal. Present value dollars presented
here reflect 2004 dollars. Dollars are expressed in present value terms
to adjust for the effects of inflation. The complete results of the
BEES analysis, extrapolated to the item level, can be found at https://
www.biobased.oce.usda.gov.
2. Urethane Roof Coatings
Urethane roof coatings represent that group of coating products
formulated for use in commercial roof deck systems to provide a single
coat monolith roof coating system. These products are typically applied
as a spray coating and can be incorporated with mesh substrates to
provide a reinforced surface. Urethane roof coatings can be applied
over traditional roof systems, polyurethane foams, and expanded
polystyrene insulation materials to provide a tough resilient
protective system.
For urethane roof coatings, USDA has identified one manufacturer
producing a single biobased product. This manufacturer may not be the
only manufacturer of biobased urethane roof coatings; it is merely the
only one identified during USDA's information gathering activities.
This product has been tested against six ASTM performance standards and
is being used commercially. As discussed in the section on mobile
equipment hydraulic fluids, USDA attempted to gather data on the
potential market for biobased products within the Federal government.
These attempts were unsuccessful. However, Federal agencies routinely
procure building construction, renovation, and repair services and
materials, including roof coatings. Requiring Federal agencies to give
preference to the use of biobased roof coatings will advance the goals
and objectives of section 9002.
An analysis of the environmental and human health benefits and the
life cycle costs of biobased urethane roof coatings was performed using
the BEES analytical tool (see Table 2). As seen in Table 2, the
environmental performance score, which includes human health, was
0.0067 points per square foot of application (at 100 mils thickness)
for 50 years. The environmental performance score indicates the share
of U.S. environmental impacts attributable to 1 square foot of
application (at 100 mils thickness) for 50 years, expressed in 100ths
of 1 percent.
Table 2.--Summary of BEES Results for Urethane Roof Coatings
------------------------------------------------------------------------
Urethane
Parameters roof
coating
------------------------------------------------------------------------
BEES Environmental Performance--Total Score \1\ \2\........ 0.0067
Acidification (5%)......................................... 0.0000
Criteria Air Pollutants (6%)............................... 0.0000
Ecological Toxicity (11%).................................. 0.0017
Eutrophication (5%)........................................ 0.0010
Fossil Fuel Depletion (5%)................................. 0.0014
Global Warming (16%)....................................... 0.0004
Habitat Alteration (16%)................................... 0.0000
Human Health (11%)......................................... 0.0008
Indoor Air (11%)........................................... 0.0000
Ozone Depletion (5%)....................................... 0.0000
Smog (6%).................................................. 0.0002
Water Intake (3%).......................................... 0.0012
Economic Performance (Life Cycle Costs ($))................ \3\ 2.50
(1.25)
First Cost \4\............................................. 2.50 (1.25)
Future Cost (3.9%)......................................... \5\ 0.00
------------
Functional Unit............................................ (\6\)
------------------------------------------------------------------------
\1\ Performance comparisons are valid only among products within a
designated item.
\2\ Numbers in parentheses indicate weighting factor. The weighting
factors represent the relative importance of the 12 environmental
impacts, including human health impacts, that contribute to the BEES
Environmental Score. They are derived from lists of the relative
importance of these impacts developed by the EPA Science Advisory
Board for the purpose of advising EPA as to how best to allocate its
limited resources among environmental impact areas. Note that a lower
Environmental Performance score is better than a higher score.
\3\ Higher values associated with standard prices. Values in parentheses
reflect discounted price for volume purchase.
\4\ Costs are per functional unit.
\5\ There are no operation, maintenance, or repair costs beyond total
replacement costs. Because the projected life of the coating is 50
years, the cost of replacement, when discounted to present value using
the OMB discount rate of 3.9 percent, is less than one penny. Thus, a
value of zero was reported.
\6\ One square foot of application for 50 years.
The life cycle cost of the submitted urethane roof coating was
$2.50 (present value dollars) per square foot of application (at 100
mils thickness) for 50 years. The manufacturer also indicated that it
offers high volume purchase discounts. Using the discounted price, a
life cycle cost of $1.25 was calculated. Present value dollars
represent the sum of all costs associated with a product over a fixed
period of time, including any applicable costs for purchase,
installation, replacement, operation, maintenance and repair, and
disposal. Present value dollars presented here reflect 2004 dollars.
Dollars are expressed in present value terms to adjust for the effects
of inflation. The complete results of the BEES analysis, extrapolated
to the item level, can be found at https://www.biobased.oce.usda.gov.
3. Water Tank Coatings
Water tank coatings represent that group of coating products
formulated for use in potable water storage systems. These products are
typically applied as a sprayed on thick film coating to provide a
durable, maintenance-free, protective liner. Water tank coatings can be
applied over both concrete and steel water tanks and reservoirs
providing extended life cycle protection.
For water tank coatings, USDA identified one manufacturer producing
a single biobased product. This manufacturer may not be the only
manufacturer of biobased water tank coatings; it is merely the only one
identified during USDA information gathering activities. This product
has been tested against six ASTM performance standards and the
Underwriters Laboratory Testing for Potable Water Approval standard,
and is being used commercially. As discussed in the section on mobile
equipment hydraulic fluids, USDA attempted to gather data on the
potential market for biobased products within the Federal government.
These attempts were unsuccessful. However, many Federal agencies have
potable water storage tanks and reservoirs. Requiring Federal agencies
to give preference to the use of biobased water tank coatings will
advance the goals and objectives of section 9002.
An analysis of the environmental and human health benefits and the
life cycle costs of biobased water tank coatings was performed using
the BEES analytical tool (see Table 3). As seen in Table 3, the
environmental performance score, which includes human health, was
0.0083 points and indicates the share of U.S. environmental impacts
attributable to 1 square foot of application (at 125 mils thickness)
for 30 years, expressed in 100ths of 1 percent.
Table 3.--Summary of BEES Results for Water Tank Coatings
------------------------------------------------------------------------
Water tank
Parameters coating
------------------------------------------------------------------------
BEES Environmental Performance--Total Score \1\ \2\........ 0.0083
Acidification (5%)......................................... 0.0000
Criteria Air Pollutants (6%)............................... 0.0000
Ecological Toxicity (11%).................................. 0.0021
Eutrophication (5%)........................................ 0.0012
Fossil Fuel Depletion (5%)................................. 0.0017
Global Warming (16%)....................................... 0.0005
[[Page 38618]]
Habitat Alteration (16%)................................... 0.0000
Human Health (11%)......................................... 0.0010
Indoor Air (11%)........................................... 0.0000
Ozone Depletion (5%)....................................... 0.0000
Smog (6%).................................................. 0.0003
Water Intake (3%).......................................... 0.0015
Economic Performance (Life Cycle Costs ($))................ \3\ 3.12
(1.56)
First Cost \4\............................................. 3.12 (1.56)
Future Cost (3.9%)......................................... \5\ 0.00
Functional Unit............................................ (\6\)
------------------------------------------------------------------------
\1\ Performance comparisons are valid only among products within a
designated item.
\2\ Numbers in parentheses indicate weighting factor. The weighting
factors represent the relative importance of the 12 environmental
impacts, including human health impacts, that contribute to the BEES
Environmental Score. They are derived from lists of the relative
importance of these impacts developed by the EPA Science Advisory
Board for the purpose of advising EPA as to how best to allocate its
limited resources among environmental impact areas. Note that a lower
Environmental Performance score is better than a higher score.
\3\ Higher values associated with standard prices. Values in parentheses
reflect discounted price for volume purchase.
\4\ Costs are per functional unit.
\5\ There are no operation, maintenance, or repair costs beyond total
replacement costs. Because the projected life of the coating is 30
years, the cost of replacement, when discounted to present value using
the OMB discount rate of 3.9 percent, is less than one penny. Thus, a
value of zero was reported.
\6\ One square foot of application for 30 years.
The life cycle cost of the submitted water tank coating was $3.12
(present value dollars) per square foot of application (at 125 mils
thickness) for 30 years. The manufacturer also indicated that it offers
high volume purchase discounts. Using the discounted price, a life
cycle cost of $1.56 was calculated. Present value dollars represent the
sum of all costs associated with a product over a fixed period of time,
including any applicable costs for purchase, installation, replacement,
operation, maintenance and repair, and disposal. Present value dollars
presented here reflect 2004 dollars. Dollars are expressed in present
value terms to adjust for the effects of inflation. The complete
results of the BEES analysis, extrapolated to the item level, can be
found at https://www.biobased.oce.usda.gov.
4. Diesel Fuel Additives
Commercially available biobased diesel fuel additives are
formulated as the mono alkyl esters of long chain fatty acids derived
from renewable lipid sources. They are produced through the reaction of
a vegetable oil or animal fat with methanol or ethanol in the presence
of a catalyst to yield glycerin (as a byproduct) and the methyl or
ethyl esters used as diesel fuel additives. Biobased diesel fuel
additives are blended with petroleum diesel for use in compression
ignition (diesel) engines. Its physical and chemical properties as it
relates to operation of diesel engines are similar to petroleum-based
diesel fuel.
For biobased diesel fuel additives, USDA identified 31 different
manufacturers producing 42 individual products. These 31 manufacturers
do not necessarily include all manufacturers of biobased diesel fuel
additives, merely those identified during USDA information gathering
activities. Information supplied by these manufacturers indicates that
these products have been tested using ASTM D6751, Standard
Specification for Biodiesel Fuel (B100) Blend Stock for Distillate
Fuels, and are being used commercially.
The sulfur that is present in conventional diesel fuel is one of
the compounds that provides necessary lubrication to certain engine
components such as fuel injection pumps. Biobased diesel fuel additives
provide similar lubricating properties to those provided by sulfur. As
the use of low-sulfur diesel fuel is mandated by regulations
implemented to reduce emissions of particulate matter and sulfur
oxides, the use of diesel fuel additives to replace the lubricating
properties of sulfur will be essential. According to Department of
Energy (DOE) estimates of diesel fuel purchases for Federal fleet
usage, there is a significant market opportunity for biobased diesel
fuel additives. Therefore, designation of diesel fuel additives will
promote the use of biobased products, furthering the objectives of this
program.
An analysis of the environmental and human health benefits and the
life cycle costs of biobased diesel fuel additives was performed for
one of the products using the BEES analytical tool. In addition, a
second BEES analysis was conducted on industry average data supplied by
the National Biodiesel Board. Table 4 summarizes the BEES results. As
seen in Table 4, the environmental performance scores, which includes
human health, were 0.023 and 0.029 points per gallon of product. The
environmental performance score indicates the share of annual per
capita U.S. environmental impacts that is attributable to 1 gallon of
the product, expressed in 100ths of 1 percent.
Table 4.--Summary of BEES Results for Diesel Fuel Additives
------------------------------------------------------------------------
Diesel fuel additives
-------------------------------
Parameters Industry
average data Additive A
------------------------------------------------------------------------
BEES Environmental Performance--Total 0.0231 0.0287
Score\1\ \2\...........................
Acidification (5%)...................... 0.0000 0.0000
Criteria Air Pollutants (6%)............ 0.0002 0.0003
Ecological Toxicity (11%)............... 0.0047 0.0014
Eutrophication (5%)..................... 0.0035 0.0026
Fossil Fuel Depletion (5%).............. 0.0072 0.0145
Global Warming (16%).................... 0.0035 0.0038
Habitat Alteration (16%)................ 0.0000 0.0000
Human Health (11%)...................... 0.0023 0.0048
Indoor Air (11%)........................ 0.0000 0.0000
Ozone Depletion (5%).................... 0.0000 0.0000
Smog (6%)............................... 0.0008 0.0006
Water Intake (3%)....................... 0.0009 0.0007
Economic Performance (Life Cycle Costs 2.15 2.25
($))...................................
First Cost \3\.......................... 2.15 2.25
Future Cost (3.9%)...................... (\4\) (4)
[[Page 38619]]
Functional Unit......................... one gallon
------------------------------------------------------------------------
\1\ Performance comparisons are valid only among products within a
designated item.
\2\ Numbers in parentheses indicate weighting factor. The weighting
factors represent the relative importance of the 12 environmental
impacts, including human health impacts, that contribute to the BEES
Environmental Score. They are derived from lists of the relative
importance of these impacts developed by the EPA Science Advisory
Board for the purpose of advising EPA as to how best to allocate its
limited resources among environmental impact areas. Note that a lower
Environmental Performance score is better than a higher score.
\3\ Costs are per functional unit.
\4\ Future costs are discounted to present value using the OMB discount
rate of 3.9 percent. For this item, no significant/quantifiable
performance or durability differences were identified among competing
alternative products. Therefore, future costs were not calculated.
The life cycle costs for the industry average data and the one
submitted diesel fuel additive were $2.15 and $2.25 (present value
dollars) per gallon of product, respectively. Present value dollars
represent the sum of all costs associated with a product over a fixed
period of time, including any applicable costs for purchase,
installation, replacement, operation, maintenance and repair, and
disposal. Present value dollars presented here reflect 2004 dollars.
Dollars are expressed in present value terms to adjust for the effects
of inflation. The complete results of the BEES analysis, extrapolated
to the item level, can be found at https://www.biobased.oce.usda.gov.
5. Penetrating Lubricants
Penetrating lubricants represent that group of products formulated
to provide light lubrication and corrosion resistance in close tolerant
internal and external applications including frozen nuts and bolts,
power tools, gears, valves, chains, and cables.
For biobased penetrating lubricants, USDA identified 9 different
manufacturers producing 9 individual products. These 9 manufacturers do
not necessarily include all manufacturers of biobased penetrating
lubricants, merely those identified during USDA information gathering
activities. Information supplied by these manufacturers indicate that
each of these products has been tested against one or more industry
performance standards and is being used commercially. As discussed in
the section on mobile equipment hydraulic fluids, USDA attempted to
gather data on the potential market for biobased products within the
Federal government. These attempts were unsuccessful. However, various
Federal agencies, including USDA, operate or contract for the operation
of overhaul facilities. Such facilities would use penetrating
lubricants. Thus Federal agencies have a need for penetrating
lubricants or for services which require the use of penetrating
lubricants. Therefore, designation of penetrating lubricants will
promote the use of biobased products, furthering the objectives of this
program.
An analysis of the environmental and human health benefits and the
life cycle costs of biobased penetrating lubricants was performed for
two of the products using the BEES analytical tool. Table 5 summarizes
the BEES results. As seen in Table 5, the environmental performance
scores, which includes human health, were 16.64 and 20.82 points per 55
gallon drum of product. The environmental performance score indicates
the share of annual per capita U.S. environmental impacts that is
attributable to 1 drum (55 gallons) of the product, expressed in 100ths
of 1 percent.
Table 5.--Summary of BEES Results for Penetrating Lubricants
------------------------------------------------------------------------
Penetrating lubricants
Parameters -------------------------
Lubricant A Lubricant B
------------------------------------------------------------------------
BEES Environmental Performance--Total Score\1\ 16.6355 20.8208
\2\..........................................
Acidification (5%)............................ 0.0008 0.0014
Criteria Air Pollutants (6%).................. 0.1325 0.0754
Ecological Toxicity (11%)..................... 4.6811 3.1058
Eutrophication (5%)........................... 0.7865 5.1291
Fossil Fuel Depletion (5%).................... 6.4847 5.4267
Global Warming (16%).......................... 1.6861 1.9323
Habitat Alteration (16%)...................... 0.0000 0.0000
Human Health (11%)............................ 2.1279 1.6275
Indoor Air (11%).............................. 0.0000 0.0000
Ozone Depletion (5%).......................... 0.0001 0.0000
Smog (6%)..................................... 0.2843 1.4366
Water Intake (3%)............................. 0.4515 2.0860
Economic Performance (Life Cycle Costs ($))... 7,868.18 6,774.53
First Cost \3\................................ 929.02 799.89
Future Cost (3.9%) \4\........................ 6,939.16 5,974.64
--------------
Functional Unit............................... one 55-gallon drum over
10 years of use
------------------------------------------------------------------------
\1\ Performance comparisons are valid only among products within a
designated item.
\2\ Numbers in parentheses indicate weighting factor. The weighting
factors represent the relative importance of the 12 environmental
impacts, including human health impacts, that contribute to the BEES
Environmental Score. They are derived from lists of the relative
importance of these impacts developed by the EPA Science Advisory
Board for the purpose of advising EPA as to how best to allocate its
limited resources among environmental impact areas. Note that a lower
Environmental Performance score is better than a higher score.
\3\ Costs are per functional unit.
[[Page 38620]]
\4\ Future costs are discounted to present value using the OMB discount
rate of 3.9 percent.
The life cycle costs of the two submitted penetrating lubricants
were $6,775 and $7,868 (present value dollars) per 55 gallon drum of
the product over 10 years of use. Present value dollars represent the
sum of all costs associated with a product over a fixed period of time,
including any applicable costs for purchase, installation, replacement,
operation, maintenance and repair, and disposal. Present value dollars
presented here reflect 2004 dollars. Dollars are expressed in present
value terms to adjust for the effects of inflation. The complete
results of the BEES analysis, extrapolated to the item level, can be
found at https://www.biobased.oce.usda.gov.
6. Bedding, Bed Linens, and Towels
Bedding, bed linens, and towels represent a group of cloth products
produced by weaving fibers made from qualifying biobased feedstock or
by weaving fibers made from qualifying biobased feedstock in
combination with other fibers. Other types of fibers with which
biobased fibers may be blended include natural fibers (such as wool and
cotton) and man-made textile fibers derived from petroleum-based
resins. This item includes: bed coverings such as blankets, bedspreads,
and comforters; sheets and pillowcases; and towels.
For bedding, bed linens, and towels, USDA identified one
manufacturer producing biobased products. This manufacturer may not be
the only manufacturer of biobased bedding, bed linens, and towels; it
is merely the only one identified during USDA information gathering
activities. The one identified manufacturer of biobased bedding, bed
linens, and towels produces biobased blankets (in 12 different sizes,
weights, and blends) that are commercially available on the market.
These products have been tested against three ASTM performance
standards and four American Association of Textile Chemists and
Colorists' standards. As discussed in the section on mobile equipment
hydraulic fluids, USDA attempted to gather data on the potential market
for biobased products within the Federal government. These attempts
were unsuccessful. However, several Federal agencies routinely procure
bedding materials and towels. Requiring Federal agencies to give
preference to the use of biobased bedding, bed linens, and towels will
advance the goals and objectives of section 9002.
An analysis of the environmental and human health benefits and the
life cycle costs of one biobased blanket was performed using the BEES
analytical tool (see Table 6). As seen in Table 6, the environmental
performance score, which includes human health, was 0.19 points and
indicates the share of U.S. environmental impacts attributable to one
blanket (average weighted size 90 inches by 96 inches, 4 pounds),
expressed in 100ths of 1 percent.
Table 6.--Summary of BEES Results for Bedding, Bed Linens, and Towels
------------------------------------------------------------------------
Bedding,
Parameters bed linens,
and towels
------------------------------------------------------------------------
BEES Environmental Performance--Total Score \1\ \2\........ 0.1901
Acidification (5%)......................................... 0.0000
Criteria Air Pollutants (6%)............................... 0.0013
Ecological Toxicity (11%).................................. 0.0087
Eutrophication (5%)........................................ 0.0521
Fossil Fuel Depletion (5%)................................. 0.0747
Global Warming (16%)....................................... 0.0195
Habitat Alteration (16%)................................... 0.0000
Human Health (11%)......................................... 0.0238
Indoor Air (11%)........................................... 0.0000
Ozone Depletion (5%)....................................... 0.0000
Smog (6%).................................................. 0.0043
Water Intake (3%).......................................... 0.0057
Economic Performance (Life Cycle Costs ($))................ 139.99
First Cost \3\............................................. 139.99
Future Cost (3.9%)......................................... (\4\)
Functional Unit............................................ (\5\)
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\1\ Performance comparisons are valid only among products within a
designated item.
\2\ Numbers in parentheses indicate weighting factor. The weighting
factors represent the relative importance of the 12 environmental
impacts, including human health impacts, that contribute to the BEES
Environmental Score. They are derived from lists of the relative
importance of these impacts developed by the EPA Science Advisory
Board for the purpose of advising EPA as to how best to allocate its
limited resources among environmental impact areas. Note that a lower
Environmental Performance score is better than a higher score.
\3\ Costs are per functional unit.
\4\ Future costs are discounted to present value using the OMB discount
rate of 3.9 percent. For this item, no significant/quantifiable
performance or durability differen