Recovered Materials Advisory Notice V, 52561-52566 [E7-18149]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 72, Number 178 (Friday, September 14, 2007)]
[Notices]
[Pages 52561-52566]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-18149]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-RCRA-2003-0006; FRL-8468-2]


Recovered Materials Advisory Notice V

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Availability of Final Document.

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SUMMARY: The Environmental Protection Agency is providing notice of the 
availability of the final Recovered Materials Advisory Notice V (RMAN 
V) and supporting materials. The final RMAN V contains EPA's 
recommendations for purchasing one new item and one revised item 
designated in the final Comprehensive Procurement Guideline (CPG) V, 
published elsewhere in this Federal Register. This action harnesses 
government purchasing power to stimulate the use of recovered materials 
in the manufacture of products and expand markets for those recovered 
materials. EPA designates items that are or can be made with recovered 
materials and provides recommendations for the procurement of these 
items under the authority of the Resource Conservation and Recovery Act 
of 1976 (RCRA). The items for which EPA is making recommendations are: 
compost made from recovered organic materials and fertilizers made from 
recovered organic materials.

DATES: These recommendations apply to the one revised item (i.e., 
compost made from recovered organic materials) and one new item (i.e., 
fertilizers made from recovered organic materials) whose designations 
are effective September 15, 2008.

FOR FURTHER INFORMATION CONTACT: Marlene RedDoor, Office of Solid 
Waste, Municipal and Industrial Solid Waste Division (5306P), 
Environmental Protection Agency, 1200 Pennsylvania Avenue; 703-308-
7276; fax number: 703-308-8686; e-mail address: Regelski-
RedDoor.Marlene@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does This Action Apply to Me?

    Final RMAN V provides recommendations to procuring agencies for the 
purchasing of items designated in the CPG V final rule. Final CPG V may 
affect procuring agencies under RCRA section 6002 that purchase the 
following items: compost made from recovered organic materials and 
fertilizers made from recovered organic materials, as well as services, 
such as landscaping or facilities maintenance that include the supply 
or use of compost or fertilizers. Section 6002 defines procuring 
agencies to include the following: (1) Any federal agency; (2) any 
state or local agency using appropriated federal funds for a 
procurement; or (3) any contractors of these agencies who are procuring 
these items for work they perform under the contract. See RCRA section 
1004(17). The requirements of section 6002 apply to these procuring 
agencies only when the agencies procure designated items whose price 
exceeds $10,000 or when the quantity of the item purchased in the 
previous year exceeded $10,000. A list of entities that the final CPG V 
may cover is provided in Table 1.

   Table 1.--Entities Potentially Subject to Section 6002 Requirements
                       Triggered by CPG Amendments
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                Category                 Examples of regulated  entities
------------------------------------------------------------------------
Federal Government.....................  Federal departments or agencies
                                          that procure $10,000 or more
                                          of a designated item in a
                                          given year
State Government.......................  A state agency that uses
                                          appropriated federal funds to
                                          procure $10,000 or more of a
                                          designated item in a given
                                          year
Local Government.......................  A local agency that uses
                                          appropriated federal funds to
                                          procure $10,000 or more of a
                                          designated item in a given
                                          year
Contractor.............................  A contractor working on a
                                          project funded by appropriated
                                          federal funds that purchases
                                          $10,000 or more of a
                                          designated item in a given
                                          year
------------------------------------------------------------------------

    This table is not intended to be exhaustive. To determine whether 
the final CPG V applies to your procurement practices, you should 
carefully examine the applicability criteria in 40 CFR 247.12. If you 
have questions about whether the final CPG V applies to a particular 
entity, contact Marlene RedDoor at 703-308-7276.

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

    1. Docket. EPA has established a docket for this action under 
Docket ID No. EPA-HQ-RCRA-2003-0006. Information on the designated 
items is also available from the CPG V Docket, ID No. EPA-HQ-RCRA-2003-
0005. Publicly available docket materials are available either 
electronically through www.regulations.gov or in hard copy at the OSWER 
Docket EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., 
Washington, DC. This Docket Facility is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. The telephone 
number for the Public Reading Room is (202) 566-1744, and the telephone 
number for the OSWER Docket is (202) 566-0270.
    2. Electronic Access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at https://www.epa.gov/fedrgstr/.

Preamble Outline

I. What is the statutory authority for this action?
II. Why is EPA taking this action?

[[Page 52562]]

III. What are the definitions of terms used in this action?
IV. What did commenters say about the recommendations in the draft 
RMAN V?
    A. Request for Comments
    1. Types of Recovered Materials Identified in the Item 
Recommendations, and Other Recommendations, Including Specifications 
for Purchasing the Designated Items
    2. Limitations on the Recovered Organic Materials Contained in 
the Fertilizers Proposed by EPA
    3. Other Specifications the Agency Should Recommend That Pertain 
to Fertilizers Made With Recovered Organic Materials
    B. Issue-Specific Comments
    1. Use of Compost or Fertilizer Made From Sewage Sludge/
Biosolids on or Near Food and Other Types of Crops
    2. Specific Applications
    3. Amount of Fertilizers Procured by Federal Agencies
    4. Disclosure of Materials Used in Compost
    5. Procurement Training; Sample Solicitation, Contract, or EMS 
Language; Reporting Procedures
V. How does the Final RMAN V differ from the Draft RMAN V?
VI. Supporting Information and Accessing Internet

I. What is the statutory authority for this action?

    As explained above, EPA (``the Agency'') has promulgated an 
amendment to the Comprehensive Procurement Guideline (CPG) under the 
authority of sections 2002(a) and 6002 of the Solid Waste Disposal Act, 
as amended by the Resource Conservation and Recovery Act of 1976 
(RCRA), as amended, 42 U.S.C. 6912(a) and 6962. This amendment is also 
consistent with Executive Order 13423, ``Strengthening Federal 
Environmental, Energy, and Transportation Management,'' (72 FR 3919, 
January 26, 2007), which revoked Executive Order 13101, ``Greening the 
Government Through Waste Prevention, Recycling, and Federal 
Acquisition,'' (63 FR 49643, September 14, 1998). Per section 2(d)(i) 
of Executive Order 13423, the head of each Federal agency shall require 
in the agency's acquisition of goods and services the use of, among 
other things, recycled content products.

II. Why is EPA taking this action?

    Section 6002(e) of RCRA requires EPA to designate items that are or 
can be made with recovered materials and to recommend practices to help 
procuring agencies meet their obligations for procuring items 
designated under RCRA section 6002. After EPA designates an item, RCRA 
requires that each procuring agency, when purchasing a designated item, 
must purchase that item made of the highest percentage of recovered 
materials practicable.
    Between 1983 and 1989, EPA issued five guidelines for the 
procurement of products containing recovered materials, which were 
previously codified at 40 CFR parts 248, 249, 250, 252, and 253. These 
products include cement and concrete containing fly ash, paper and 
paper products, re-refined lubricating oils, retread tires, and 
building insulation. Table II below summarizes designations of CPG I-IV 
and references the Federal Register publications.

                                     Table II.--CPG I-IV Designations Table
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                                                       Federal Register
           Designation              Date published         reference             Numer of items designated
----------------------------------------------------------------------------------------------------------------
CPG I...........................  May 1, 1995.......  60 FR 21370.......  19 new, 5 previous in 8 product
                                                                           categories.
RMAN I..........................  May 1, 1995.......  60 FR 21386.......  ......................................
Paper Product RMAN..............  May 29, 1996......  61 FR 26985.......  ......................................
CPG II..........................  November 13, 1997.  62 FR 60962.......  12 new items.
RMAN II.........................  November 13, 1997.  62 FR 60975.......  ......................................
Paper Product RMAN..............  June 8, 1998......  63 FR 31214.......  ......................................
CPG III.........................  January 19, 2000..  65 FR 3070........  18 new items.
RMAN III........................  January 19, 2000..  65 FR 3082........  ......................................
CPG IV..........................  April 20, 2004....  69 FR 24028.......  7 new, 3 revised.
RMAN IV.........................  April 30, 2004....  69 FR 24039.......  ......................................
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    On December 10, 2003, EPA proposed a fourth update to the CPG, the 
proposed CPG V (68 FR 68813), with a companion draft RMAN V (68 FR 
68919) which are finalized by this action.
    In the CPG V final rule, EPA is consolidating all compost 
designations into one item designation: compost made from recovered 
organic materials. In addition, EPA is establishing a new item 
designation: Fertilizers made from recovered organic materials. These 
items are being designated under the Landscaping Products category. 
Recovered organic materials include, but are not limited to, yard 
waste, food waste, manure, and biosolids. In the final RMAN V, EPA is 
publishing recommendations for fertilizers made from recovered organic 
materials and revised recommendations for the compost designation. (For 
more information on CPG, go to the EPA Web site at https://www.epa.gov/
cpg/.)

III. What are the definitions of terms used in this action?

    In the final CPG V and in 40 CFR 247.3, EPA is revising the 
previous definition of compost from CPG III (65 FR 3070) and adding a 
definition for ``fertilizer made from recovered organic materials.'' 
\1\ EPA generally bases its definitions on industry definitions. 
Because there are a number of industry definitions for ``compost'' and 
``fertilizer,'' EPA developed its own to prevent confusion to procuring 
agencies. EPA based its fertilizer definition in part on a USDA 
definition of ``fertilizer'' (see https://www.ams.usda.gov/NOP/NOP/
standards/DefineReg.html).
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    \1\ In proposed CPG V, the Agency proposed that the definition 
be entitled ``organic fertilizer.'' However, in final CPG V, EPA is 
entitling the definition ``fertilizer made from recovered organic 
materials'' so that the definition title and the designation 
description are more consistent.
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    Because the description of the items designated in CPG V uses the 
term ``recovered materials,'' the Agency is providing a definition for 
that term in this notice. The Agency previously provided this 
definition in CPG I, and it is also provided at 40 CFR 247.3.

    Recovered materials means waste materials and byproducts which 
have been recovered or diverted from solid waste, but the term does 
not include those materials and byproducts generated from, and 
commonly reused within, an original manufacturing process.

IV. What did commenters say about the recommendations in the draft RMAN 
V?

    EPA received a total of 395 comments on the proposed CPG V and the 
draft RMAN V. In this section, EPA discusses the major comments 
relevant to the recommendations in the draft RMAN V.

[[Page 52563]]

Because of their relevancy to both the final CPG V and the final RMAN 
V, certain topics below refer to responses found in the preamble to the 
final CPG V, which is published elsewhere in this Federal Register. You 
can find a more thorough summary of comments and EPA's responses in the 
``Background Document for the Final Comprehensive Guideline (CPG) V and 
Final Recovered Materials Advisory Notice (RMAN) V.''

A. Request for Comments

    This section summarizes and responds to the comments received in 
response to the Agency's specific requests for comments in the draft 
RMAN V.
1. Types of Recovered Materials Identified in the Item Recommendations, 
and Other Recommendations, Including Specifications for Purchasing the 
Designated Items
    Comments: EPA received a number of comments on the types of 
recovered materials identified in the item designations, and other 
recommendations. EPA did not receive any comments that address 
specifications for purchasing the items designated in this action. 
Several comments supported allowing biosolids and/or manure to be used 
for compost and/or fertilizer. Some of these comments stated that the 
inclusion of biosolids in the compost and fertilizer designations will 
increase market demand for these recovered material products, and will 
also provide further support for the long-standing practice of 
biosolids land application.
    However, a number of commenters opposed revising the compost 
designation to include sewage sludge or generally opposed using 
biosolids, manure, and/or sewage sludge in compost or fertilizer. A few 
other commenters suggested that EPA add certain materials to the scope 
of ``recovered organic materials'' in the compost and fertilizer item 
designations and RMAN recommendations. A few commenters suggested that 
Exceptional Quality (EQ) biosolids products be included in what the 
commenters termed the ``approved product list,'' along with soil blends 
of EQ biosolids and other materials such as sawdust, sand, and yard 
trimmings. Another commenter suggested that EPA ``include `cotton gin 
by-products' and cottonseed products as recovered plant organic 
materials that can be composted to produce `organic fertilizer.' ''
    Several other commenters made recommendations. One commenter 
suggested that an extra safety measure would be to only permit the use 
of the sewage-derived products on trees and non-vegetable crops. Yet 
another commenter encouraged EPA to retain the 247.15(b) designation of 
compost language ``for use in landscaping, seeding of grass or other 
plants on roadsides and embankments * * *'' and add ``and other uses'' 
at the end of the sentence. This commenter also suggested that, because 
of concerns regarding pathogens, biosolids and manure must be processed 
and handled in accordance with the kinds of strict protocols put forth 
in 40 CFR Part 503, and that this should be further emphasized. One 
commenter said EPA should consider ``amending the definition of 
`compost' to include, for biosolids composts, that the composting 
process must meet the time-temperature relationships in 40 CFR part 
503, and for non-biosolids composts, that the compost must have been 
manufactured in accordance with applicable state regulations.''
    Response: EPA agrees that the changes to include compost or 
fertilizer with biosolids or manure content as designated landscaping 
products will achieve an important goal of the CPG program--to increase 
market demand for items made from recovered materials. For responses to 
comments opposing the use of biosolids and/or manure in compost or 
fertilizer, please refer to sections VI.B.4, 5, and 7 in the preamble 
to the final CPG V, which is published elsewhere in this Federal 
Register.
    EQ biosolids, cotton gin by-products, sawdust, and yard trimmings 
are already included in the scope of the fertilizer and amended compost 
designations and recommendations because these are recovered organic 
materials.
    EPA rejected the suggestion that it recommend limiting the use of 
sewage-derived landscaping to trees and non-vegetable crops for the 
reasons explained in sections VI.B.4 and 6 in the preamble to the final 
CPG V, published elsewhere in this Federal Register.
    EPA decided not to retain certain descriptive language in the 
247.15(b) compost designation (``for use in landscaping, seeding of 
grass or other plants on roadsides and embankments * * *''). Similarly, 
EPA did not add the phrase ``and other uses'' at the end of the 
designation. (See section VI.B.6., in the preamble to the final CPG V, 
published elsewhere in this Federal Register, for the reasons that EPA 
did not retain this language.) However, EPA has retained this language 
(but did not add ``other uses'') in the Preference Program section of 
the final RMAN V for compost. To emphasize the processing and handling 
protocols in Part 503, EPA references Part 503 in the final RMAN V for 
both compost and fertilizers.
    Finally, EPA did not revise the definition in the CPG V final rule 
to include more specific language about state regulations or the time-
temperature relationships in 40 CFR part 503. However, in the 
Specifications section of the final RMAN V for compost, the Agency 
references 40 CFR part 503 and recommends that procuring agencies check 
for applicable federal, state, and local government regulations on the 
use of compost. For more on the time-temperature requirements in Part 
503, see pp. 28, 38, et al, of the EPA document entitled Environmental 
Regulations and Technology: Control of Pathogens and Vector Attraction 
in Sewage Sludge. This document can be found at https://www.epa.gov/ORD/
NRMRL/Pubs/1992/625R92013.pdf.
2. Limitations on the recovered organic materials contained in the 
fertilizers proposed by EPA
    Comments: One commenter agrees with the minimum recovered organic 
material content for fertilizers recommended by USDA, which is 80%. The 
commenter added that the 80% minimum would allow them to work in 
conjunction with commercial fertilizers to meet the specific needs of 
the government nutrient specifications.
    Response: In the Draft RMAN V Federal Register notice, EPA 
explained that the items being proposed are generally made exclusively 
of recovered materials. In addition, in the background document for 
proposed CPG V, EPA stated that most fertilizers made with recovered 
organic materials contain up to 100 percent recovered materials. This 
being the case, EPA does not believe it is necessary or appropriate to 
recommend a minimum level or any particular recovered materials content 
range for fertilizers made from recovered organic materials.
    For other comments and responses regarding limitations on the 
recovered organic materials contained in the fertilizers proposed by 
EPA, please refer to section V.A.4 in the preamble to the final CPG V, 
which is published elsewhere in this Federal Register.
3. Other specifications the Agency should recommend that pertain to 
fertilizers made with recovered organic materials
    The Agency did not receive any comments on other specifications 
pertaining to fertilizers.

[[Page 52564]]

B. Issue-Specific Comments

1. Use of compost or fertilizer made from sewage sludge/biosolids on or 
near food and other types of crops
    The use of biosolids compost and fertilizers on or near food crops 
was addressed by several commenters and relates to EPA's 
recommendations in RMAN V. For a summary of comments and responses on 
this issue, please refer to section VI.B.4 in the preamble to the final 
CPG V, which is published elsewhere in this Federal Register.
2. Specific applications
    Appropriate applications for compost and fertilizers made from 
recovered organic materials were addressed by several commenters and 
relate to EPA's recommendations in RMAN V. For a summary of comments 
and responses on this issue, please refer to section VI.B.6 in the 
preamble to the final CPG V, which is published elsewhere in this 
Federal Register.
3. Amount of fertilizers procured by federal agencies
    Comments: EPA received a few comments suggesting that EPA gather 
data on the amount of fertilizers used by each federal agency. One 
commenter suggested that EPA gather information on the amount of 
compost procured by the government, the size of the market for various 
compost products made from recovered materials, and the sources and the 
supply of compost products. Another commenter suggested such a base 
line could be used to monitor the amount of biobased materials that are 
recycled as a result of the CPG V regulation.
    Response: The Agency agrees that baseline data would be useful. 
Current Federal procurement data systems, however, provide no or 
limited information on the quantity of individual items purchased by 
Federal agencies. Many of the EPA-designated items are purchased with 
government credit cards or are supplied or used in the performance of 
support services at Federal facilities. Although agencies are required 
to report annually to the Office of Federal Procurement Policy and the 
Office of the Federal Environmental Executive (OFEE) about their 
implementation of RCRA section 6002, agencies do not report and are not 
required to report data on each EPA-designated item because the data 
systems do not capture this information. Instead, agencies report on 
the number of contracting actions in which EPA-designated items will be 
supplied or used, qualitative information on eight indicator items, and 
qualitative information of program implementation. The eight indicator 
items do not include compost because of the difficulty in obtaining 
quantitative information about purchases of this item. EPA hopes to be 
able to work with the agencies to develop data on services contracts 
that include the supply or use of compost and fertilizer.
4. Disclosure of materials used in compost
    Comments: EPA received a few comments suggesting that the agency 
should require disclosure by compost producers of all materials used in 
the manufacture of any compost sold to the federal government.
    Response: EPA has no authority under RCRA 6002 to establish such a 
requirement. However, in the case of government procurement, individual 
procuring agencies, if authorized, may specify that the compost they 
purchase includes such a disclosure. Private parties may include such a 
disclosure as a necessary component of their solicitation. In the final 
RMAN V, EPA recommends that procuring agencies refer to the United 
States Composting Council's (USCC's) Test Methods for the Examination 
of Composting and Compost (TMECC), which are standardized methods for 
the composting industry to test and evaluate compost and verify the 
physical, chemical, and biological characteristics of composting source 
materials and compost products. The TMECC also includes material 
testing guidelines to ensure product safety and market claims. 
Additionally, EPA is also recommending that procuring agencies refer to 
the USCC's Seal of Testing Assurance (STA) labeling program, which is a 
compost testing and information disclosure program that uses the TMECC. 
Participating compost producers regularly sample and test their 
products using STA Program approved labs, all of which must use the 
same standardized testing methodologies. Participants must make test 
results available to customers and certify that they are in compliance 
with all applicable local, state, and federal regulations with respect 
to their compost products. The USCC then certifies the participants' 
compost as ``STA certified compost'' and allows the use of the STA logo 
on the product packaging and literature. Procuring agencies may wish to 
consider specifying STA certified compost, especially for applications 
that require consistent quality. The USCC has developed sample 
specification and contract language, available at https://
www.compostingcouncil.org/pdf/Specifying_STA_Prog.pdf. More 
information on TMECC and STA can be found at www.compostingcouncil.org.
5. Procurement Training; Sample Solicitation, Contract, or EMS 
Language; Reporting Procedures
    Comments: EPA received a few comments that requested one or more of 
the following: procurement training, sample solicitation and contract 
language, technical guidance, annual review and reporting procedures, 
and EMS provisions. Specifically, a few commenters suggested that EPA 
establish training programs for procuring agencies, one focusing on the 
objectives of E.O. 13101 and the other focusing on the CPG program 
specifically. Another commenter explained that his agency typically 
purchases compost and organic fertilizers as part of support services 
or performance type contracts, not as a product. The commenter asked 
that EPA provide sample solicitation or contract language that can be 
inserted into these contracts, and make it available online. This 
commenter also suggested that, prior to designating future CPG 
products, EPA establish training programs, solicitation and contract 
language, technical guidance, annual review and reporting procedures, 
and sample environmental management system provisions. Another 
commenter made similar requests and recommended that EPA add the web 
URL for information referenced in the RMAN, such as the U.S. Department 
of Transportation's specifications and EPA's sewage sludge regulations.
    Response: OFEE has workgroups consisting of federal procuring 
agencies which focus on a number of issues, such as record keeping, 
reporting, and EMS. The purpose of these workgroups is to share 
information and develop consensus programs. EPA will continue to work 
on these issues through its participation in the OFEE workgroups, where 
agencies can share model language solicitation and contract language. 
When the example model language for a solicitation or contract is 
available, EPA will post it on the CPG web pages or link to locations 
that give examples. Training tools and other green purchasing guidance 
are available on the OFEE Web site at https://www.ofee.gov. Guidance 
specific to Part 503 and biosolids issues is available at: https://
www.epa.gov/owm/mtb/ biosolids/. Finally, regarding the suggestion to 
include web URLs for information referenced in the RMAN, EPA included 
them for all specifications in the final RMAN V.

[[Page 52565]]

    Further information for specifications may be found in the Federal 
Green Construction Guide for Specifiers, including information on 
compost and is available on the Whole Building Design Guide Web site, 
at https://www.wbdg.org/design/greenspec_msl.php?s=329000.

V. How does the Final RMAN V differ from the Draft RMAN V?

    EPA made several changes to the draft RMAN V in the final RMAN V. 
First, in the Specifications section of the draft RMAN for compost and 
fertilizers, EPA referred to ``individual state regulations'' on the 
use of compost and fertilizers made with recovered organic materials, 
respectively. In the final RMAN V, EPA has expanded the reference to 
include other applicable federal and local government regulations as 
well.
    Second, in the Specifications section of the RMAN for compost and 
fertilizers, EPA revised the description of the Part 503 requirements 
in order to provide clarification. For example, in the draft RMAN, EPA 
referred to 40 CFR part 503 as the ``Biosolids Rule.'' However, the 
actual title of Part 503 is ``The Standards for the Use or Disposal of 
Sewage Sludge,'' and not the ``Biosolids Rule.'' In order to avoid 
confusion, the term ``Biosolids Rule'' has been removed from the final 
RMAN V for compost and fertilizers.
    Third, in the final RMAN for compost and fertilizers, EPA added a 
reference to USDA's National Organic Program (NOP) regulations, which 
prohibit the use of biosolids in organic production. EPA received many 
comments that cited the NOP regulations, and EPA cites the NOP 
regulations in the final RMAN in response to those comments. Likewise, 
in the final RMAN for compost, EPA added a reference to the Organic 
Materials Review Institute (OMRI) guidelines and lists of materials 
allowed and prohibited in organic production.
    As mentioned in IV.B.5 above, in response to a public comment 
suggesting that EPA include web URLs for information referenced in the 
RMAN, EPA included them for all specifications in the final RMAN V.
    Also, as mentioned in section IV.B.4 above, in the final RMAN for 
compost, EPA added a reference to the USCC's STA program. This 
reference was added in response to comments concerning the issue of 
disclosure by compost producers of all materials used in the 
manufacture of compost. In addition, in the final RMAN for compost, EPA 
clarified the citation for the U.S. Department of Transportation's 
specifications. In the final RMAN for compost, EPA also revised the 
``Note'' in order to provide clarification.
    Finally, the draft RMAN V for fertilizers was entitled ``Section F-
6. Organic Fertilizers.'' However, in the proposed CPG V, the proposed 
designation was phrased ``fertilizers made from recovered organic 
materials.'' EPA is revising the final RMAN title to read ``Section F-
6. Fertilizers Made From Recovered Organic Materials.'' EPA is making 
this change so that the RMAN title matches the wording of the 
fertilizer item designation finalized by this action in 40 CFR Part 
247.

VI. Supporting Information and Accessing Internet

    Supporting materials for this final CPG V and RMAN V are available 
in the OSWER Docket and on the Internet. The address and telephone 
number of the OSWER Docket are provided in the SUPPLEMENTARY 
INFORMATION section above. To access information on the Internet, go to 
the EPA Dockets Web site at www.regulations.gov. Supporting materials 
can be accessed on the Internet at www.regulations.gov. Among the 
supporting materials available in the OSWER Docket and on the Internet 
are the following:
    ``Background Document for the Final Comprehensive Guideline (CPG) V 
and Final Recovered Materials Advisory Notice (RMAN) V,'' U.S. 
Environmental Protection Agency, Office of Solid Waste, August, 2007.
    ``Economic Impact Analysis for Final Comprehensive Procurement 
Guideline V,'' U.S. Environmental Protection Agency, Office of Solid 
Waste, July 2007.

    Dated: September 6, 2007.
Stephen L. Johnson,
Administrator.

Recovered Materials Advisory Notice V

    The following represents EPA's recommendations to procuring 
agencies for purchasing the items designated in the Comprehensive 
Procurement Guideline (CPG) V in compliance with section 6002 of the 
Resource Conservation and Recovery Act (RCRA) and E.O. 13423. These 
recommendations are intended to be used in conjunction with the RMANs 
issued on May 1, 1995 (60 FR 21386), November 13, 1997 (62 FR 60975), 
January 19, 2000 (65 FR 3082), April 30, 2004 (69 FR 24039), and the 
Paper Products RMANs issued on May 29, 1996 (61 FR 26985) and June 8, 
1998 (63 FR 31214). Refer to May 1, 1995, November 13, 1997, January 
19, 2000, and April 30, 2004 RMANs for definitions, general 
recommendations for affirmative procurement programs, and 
recommendations for previously designated items. In the case of 
compost, the recommendations published revise the previous 
recommendations issued in RMAN III. The RMANs are available on EPA's 
CPG Web site at https://www.epa.gov/cpg.

Contents

I. General Recommendations
II. Specific Recommendations for Procurement of Designated Items
Part F. Landscaping Products
    Section F-2. (Revised) Compost Made from Recovered Organic 
Materials.
    Section F-6. Fertilizers Made from Recovered Organic Materials.

I. General Recommendations

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

II. Specific Recommendations for Procurement of Designated Items

    Recommendations for purchasing previously designated items may be 
found in RMAN I (May 1, 1995); RMAN II (November 13, 1997); RMAN III 
(January 19, 2000); RMAN IV (April 30, 2004); and the Paper Products 
RMANs (May 29, 1996, and June 8, 1998). Revised recommendations for 
compost are included in this notice.

Part F--Landscaping Products

Section F-2. (Revised) Compost Made From Recovered Organic Materials

    Note: EPA previously designated yard trimmings compost in CPG I 
and food waste compost in CPG III. CPG V revises the designation by 
amending the definition of ``compost'' and changing the description 
of the designation to ``compost made from recovered organic 
materials.'' These materials can include yard trimmings, food waste, 
manure, biosolids, or other recovered organic materials that can be 
composted. The effect of those changes is to add compost made from 
manure or biosolids or both to the compost designation. The 
following are EPA's revised recommendations for purchasing compost. 
EPA's final recommendations for purchasing composts made from 
recovered organic materials should be substituted for the 
recommendations found in Section F-2 of RMAN III.


[[Page 52566]]


    Preference Program: EPA recommends that procuring agencies purchase 
or use mature compost made from recovered organic materials in such 
applications as landscaping, seeding of grass or other plants on 
roadsides and embankments, as nutritious mulch under trees and shrubs, 
and in erosion control and soil reclamation. Mature compost is defined 
as a thermophilic converted product with high humus content, which can 
be used as a soil amendment and can also be used to prevent or 
remediate pollutants in soil, air, and storm water run-off.
    EPA further recommends that those procuring agencies that have an 
adequate volume of organic materials, as well as sufficient space for 
composting, should implement a composting system to produce compost 
from these materials to meet their landscaping and other needs.
    Specifications: EPA recommends that procuring agencies refer to the 
following specifications when purchasing compost made from recovered 
organic materials. The U.S. Composting Council's (USCC's) Test Methods 
for the Examination of Composting and Compost (TMECC) and Seal of 
Testing Assurance (STA) program, which are found at https://
www.compostingcouncil.org. The TMECC are standardized methods for the 
composting industry to test and evaluate compost and verify the 
physical, chemical, and biological characteristics of composting source 
materials and compost products. The TMECC also includes material 
testing guidelines to ensure product safety and market claims. The STA 
program is a compost testing and information disclosure program that 
uses the TMECC. Participating compost producers regularly sample and 
test their products using STA Program approved labs, all of which must 
use the same standardized testing methodologies. Participants must make 
test results available to customers and certify that they are in 
compliance with all applicable local, state, and federal regulations 
with respect to their compost products. The USCC then certifies the 
participants' compost as ``STA certified compost'' and allows the use 
of the STA logo on product packaging and literature. Procuring agencies 
can consider specifying STA certified compost, especially for 
applications that require consistent quality.
    Section 713.05(f) of the U.S. Department of Transportation's 1996 
``Standard Specifications for Construction of Roads and Bridges on 
Federal Highway Projects FP-96'' specifies compost as one of the 
materials suitable for use in roadside revegetation projects associated 
with road construction. (See p. 719 in https://www.efl.fhwa.dot.gov/
design/manual/Fp96.pdf.)
    EPA's ``Standards for the Use or Disposal of Sewage Sludge,'' at 40 
CFR part 503, limit the pollutants and pathogens in biosolids. If 
biosolids are included as part of the compost, the processing and 
product are subject to Part 503. (https://www.epa.gov/owm/mtb/biosolids/
) Procuring agencies should also look at other applicable federal, 
state, and local government regulations on the use of compost made from 
recovered organic materials.
    The U.S. Department of Agriculture (USDA) National Organic Program 
(NOP) regulations established national standards for organically 
produced agricultural products to assure consumers that agricultural 
products marketed as organic meet consistent, uniform standards. The 
NOP regulations require that agricultural products labeled as organic 
originate from farms or handling operations certified by a State or 
private entity that has been accredited by USDA. Among other things, 
the regulations prohibit the use of sewage sludge (biosolids) in 
organic production. (https://www.ams.usda.gov/nop/NOP/NOPhome.html)
    Example language for solicitations and contracts can be found in 
the Federal Green Construction Guide for Specifiers, which is available 
on the Whole Building Design Guide Web site, at https://www.wbdg.org/
design/greenspec_msl.php?s=329000.
    The Organic Materials Review Institute (OMRI), at https://
www.omri.org, has developed guidelines and lists of materials allowed 
and prohibited for use in the production, processing, and handling of 
organically grown products.
    Finally, EPA recommends that procuring agencies ensure that there 
is no language in their specifications relating to landscaping, soil 
amendments, erosion control, or soil reclamation that would preclude or 
discourage the use of compost made from recovered organic materials.
Section F-6. Fertilizers Made From Recovered Organic Materials

    Note: Although fertilizer has some qualities similar to compost, 
for the purposes of the CPG, compost is a separate designation.

    Preference Program: EPA recommends that procuring agencies purchase 
or use fertilizer made from recovered organic materials in such 
applications as agriculture and crop production, landscaping, 
horticulture, parks and other recreational facilities, on school 
campuses, and for golf course and turf maintenance.
    Specifications: EPA recommends that procuring agencies refer to the 
following specifications when purchasing fertilizers made from 
recovered organic materials. Biosolids can be used in the production of 
fertilizers made from recovered organic materials and must meet the 
requirements specified in 40 CFR part 503 before they may be 
beneficially used. The Part 503 land application requirements ensure 
that any biosolids that are land applied contain pathogens and metals 
that are below specified levels and are protective of public health and 
the environment. (https://www.epa.gov/owm/mtb/biosolids/) Procuring 
agencies should also check for other applicable federal, state, and 
local government regulations on the use of fertilizers made from 
recovered organic materials.
    The U.S. Department of Agriculture (USDA) National Organic Program 
(NOP) regulations established national standards for organically 
produced agricultural products to assure consumers that agricultural 
products marketed as organic meet consistent, uniform standards. The 
NOP regulations require that agricultural products labeled as organic 
originate from farms or handling operations certified by a State or 
private entity that has been accredited by USDA. Among other things, 
the regulations prohibit the use of sewage sludge (biosolids) in 
organic production. (https://www.ams.usda.gov/nop/NOP/NOPhome.html)
    The Organic Materials Review Institute (OMRI), at https://
www.omri.org, has developed guidelines and lists of materials allowed 
and prohibited for use in the production, processing, and handling of 
organically grown products.
    Finally, EPA recommends that procuring agencies ensure that there 
is no language in their specifications relating to such applications as 
agriculture and crop production, landscaping, horticulture, parks and 
other recreational facilities, on school campuses, and for golf course 
and turf maintenance that would preclude or discourage the use of 
fertilizers made from recovered organic materials.

[FR Doc. E7-18149 Filed 9-13-07; 8:45 am]
BILLING CODE 6560-50-P