Proposed Rule2022-14403
General Services Administration Acquisition Regulation (GSAR); Single-Use Plastics and Packaging
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 7, 2022
Issuing agencies
General Services Administration
Abstract
The General Services Administration (GSA) is publishing this advance notice of proposed rulemaking (ANPR) to seek public feedback pertaining to the use of plastic consumed in both packaging and shipping, as well as other single-use plastics for which the agency contracts. The issues raised in the comments submitted in response to this ANPR will inform future rulemaking to establish requirements and reporting mechanisms for reducing unnecessary single-use plastic, to include plastic packaging and shipping materials.
Full Text
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<title>Federal Register, Volume 87 Issue 129 (Thursday, July 7, 2022)</title>
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[Federal Register Volume 87, Number 129 (Thursday, July 7, 2022)]
[Proposed Rules]
[Pages 40476-40477]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14403]
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GENERAL SERVICES ADMINISTRATION
48 CFR Parts 523 and 552
[GSAR Case 2022-G517; Docket No. GSA-GSAR-2022-0014; Sequence No. 1]
RIN 3090-AK60
General Services Administration Acquisition Regulation (GSAR);
Single-Use Plastics and Packaging
AGENCY: Office of Acquisition Policy, General Services Administration
(GSA).
ACTION: Advance notice of proposed rulemaking.
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SUMMARY: The General Services Administration (GSA) is publishing this
advance notice of proposed rulemaking (ANPR) to seek public feedback
pertaining to the use of plastic consumed in both packaging and
shipping, as well as other single-use plastics for which the agency
contracts. The issues raised in the comments submitted in response to
this ANPR will inform future rulemaking to establish requirements and
reporting mechanisms for reducing unnecessary single-use plastic, to
include plastic packaging and shipping materials.
DATES: Interested parties should submit written comments at the address
shown below on or before September 6, 2022 to be considered in the
formulation of a proposed rule.
ADDRESSES: Submit comments in response to GSAR Case 2022-G517 to the
Federal eRulemaking portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching
for ``GSAR Case 2022-G517''. Select the link ``Comment Now'' that
corresponds with GSAR Case 2022-G517. Follow the instructions provided
at the ``Comment Now'' screen. Please include your name, company name
(if any), and ``GSAR Case 2022-G517'' on your attached document. If
your comment cannot be submitted using <a href="https://www.regulations.gov">https://www.regulations.gov</a>,
call or email the points of contact in the FOR FURTHER INFORMATION
CONTACT section of this document for alternate instructions.
Instructions: Please submit comments only and cite GSAR Case 2022-
G517 in all correspondence related to this case. Comments received
generally will be posted without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>,
including any personal and/or business confidential information
provided. To confirm receipt of your comment(s), please check <a href="https://www.regulations.gov">https://www.regulations.gov</a> approximately two to three days after submission to
verify posting.
FOR FURTHER INFORMATION CONTACT: Ms. Adina Torberntsson, Procurement
Analyst, at 303-236-2677 or <a href="/cdn-cgi/l/email-protection#4423372536342b282d273d042337256a232b32"><span class="__cf_email__" data-cfemail="1c7b6f7d6e6c7370757f655c7b6f7d327b736a">[email protected]</span></a>, for clarification of
content. For information pertaining to status or publication schedules,
contact the Regulatory Secretariat Division at 202-501-4755 or
<a href="/cdn-cgi/l/email-protection#0f485c4e5d6a685c6a6c4f687c6e21686079"><span class="__cf_email__" data-cfemail="d097839182b5b783b5b390b7a3b1feb7bfa6">[email protected]</span></a>. Please cite GSAR Case 2022-G517 in your email
subject line.
SUPPLEMENTARY INFORMATION:
I. Background
This ANPR concerns reducing single-use plastics, to include those
used in packaging and shipping required for the delivery of products
under General Services Administration (GSA) contracts as well as items
included on the contracts. For this ANPR, plastic materials that are
used and then immediately disposed of once the item is delivered are
considered single-use plastics.
Executive Order 14008 states ``it is the policy of my
Administration to lead the Nation's effort to combat the climate crisis
by example-specifically, by aligning the management of Federal
procurement and real property, public lands and waters, and financial
programs to support robust climate action.'' As America's Buyer, GSA is
interested in its potential to play a supporting role including by
reducing single use plastics. GSA has taken some initial internal
policy steps towards a leadership role in using the Federal
Government's buying power towards this goal. The GSA Acquisition Manual
(GSAM) was amended in October 2021 through Change 138 \1\ to require
consideration to reduce content waste as part of requirements planning
for GSA acquisitions. One of the contents highlighted in this GSAM
amendment is packaging.
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\1\ <a href="https://acquisition-staging.gsa.gov/sites/default/files/archives/loose_leaf/GSAM_Latest_Change_Order_1382021528_0.pdf">https://acquisition-staging.gsa.gov/sites/default/files/archives/loose_leaf/GSAM_Latest_Change_Order_1382021528_0.pdf</a>.
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Since the last sustainability GSAM change, E.O. 14057 Catalyzing
Clean Energy Industries and Jobs Through Federal Sustainability \2\ was
issued. Section 207 of the E.O. instructs each agency to reduce waste
to include supporting a recycled content market and circular economy
approaches.
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\2\ E.O. 14057 of December 8, 2021, 86 FR 70935.
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GSA will consider comments received in response to this ANPR in
future rulemaking to amend the GSAR through a proposed rule, and to
revise other GSA policies, procedures, and guidance that further
support GSAM Change 138 and address E.O. 14057 regarding single-use
plastics.
II. Discussion and Analysis
A. Evaluating the Need for Regulatory Change
GSA is a leader in acquisition and provides supplies and services
across the Federal government through the agency's acquisition vehicles
to include the Federal Supply Schedule program. Also known as the
Government's landlord, GSA has the ability to make a difference by
addressing single-use plastics in our construction, concession, and
facility maintenance contracts as well.
GSA continues to provide the best customer service experience by
providing access to thousands of products and services. Our agency also
looks for the most advantageous solutions, remaining ahead of problems
before they culminate, and making the best decisions on behalf of the
American taxpayer. To do this, GSA has adopted internal policy changes
to address sustainability in our acquisitions. With single-use plastics
being a significant contributor to the global plastic pollution
concern, it is a logical step for the agency to examine this.
B. The Petition for Rulemaking
The Center for Biological Diversity, along with 180 signatories,
submitted a petition to GSA on February 3, 2022, requesting that the
agency address single-use plastics through rulemaking. This ANPR, among
other things, seeks to better understand the implications of any such
rulemaking.
[[Page 40477]]
III. Request for Public Feedback
GSA invites comment on the issues discussed in this ANPR to help
inform future rulemaking on how to best reduce single-use plastics from
packaging, while limiting burden and liability on our industry and
logistics partners. Specifically, GSA seeks responses to the questions
listed below. Please explain the reasoning behind your responses in
detail. Also, provide any data, studies, or other evidence that
supports your response. You do not have to answer all the questions in
your response.
To help GSA review comments efficiently, identify the question to
which you are responding by its associated number and letter (e.g.,
``III. a'') or whether you are commenting on a topic not listed below.
1. What is your role in your product's supply chain?
Are you a manufacturer, distributor, reseller, or other (comments
are encouraged from any impacted parties including local municipalities
and economically and/or disadvantaged communities)?
2. Does your company have control over the methodology in which
your product is packaged for shipment?
3. What are the differences between a paper based, aluminum based,
or compostable packaging and a single-use plastic based packaging?
a. What are the performance differences?
b. What are the cost differences?
4. Does your company have experience using environmentally
preferable packaging?
a. If an environmentally preferable option was utilized, what
benefits did your company experience from such a change?
b. What is the relationship between your packaging and your product
branding?
c. Will packaging be considered as part of your company's climate
financial disclosure, if applicable?
5. What is the best way for GSA to aid its contractors in moving to
environmentally preferable packing and packaging? How quickly should it
move?
6. Are there any market, regulatory, statutory or cost barriers to
selecting environmentally preferable packaging such as paper based or
biodegradable packaging?
If yes, please specify what the barrier is and what is creating the
barrier (i.e., the product's casing or the shipment packaging).
7. What should be considered when developing a timeline to
implement regulatory changes in reducing single use plastic as either
the primary product, or as the packaging material?
8. Which, if any, single use plastic items GSA should choose not to
contract for through its federal supply schedules? Are there exceptions
GSA should make to ensure no harm to customer agency missions?
9. How could compliance with reduced or eliminated plastic content
be verified?
a. How can GSA and industry take advantage of innovative
technologies or business practices to improve accuracy of verification
while minimizing the administrative burden on companies?
b. Are there private sector standards, ecolabels, and/or
certifications your company is using to meet environmentally preferred
packaging goals?
IV. Request for Economic Data and Consumer Research
Aside from the feedback questions listed above, GSA also seeks to
better understand the economic impact regarding single-use plastic
products, and single-use plastics in packaging and shipping, and what
industry changes are feasible. GSA seeks economic data and consumer
research to help increase its understanding of the market. In your
response please consider the intent and details of the questions below.
You do not have to answer all the questions in your response.
To help GSA review comments efficiently, identify the question to
which you are responding by its associated number and letter (e.g.,
``IV.1'') or whether you are commenting on a topic not listed below.
1. What will the estimated cost be to change, reduce, or eliminate
single-use plastic from your product lines?
2. What will the estimated costs be to change, reduce, or eliminate
single-use plastic packaging?
3. Will a change from single-use plastic packaging result in a
reduced cost in freight?
4. What reporting or monitoring standards, if any, exist to track
the use of more environmentally preferable packaging material?
5. What is the liability risk of any of the purchased goods being
damaged if packaging is reduced or changed?
6. What other identifiable risks are posed to industry, the
government, and overall economy if packaging is reduced or changed?
Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of
Governmentwide Policy, General Services Administration.
[FR Doc. 2022-14403 Filed 7-6-22; 8:45 am]
BILLING CODE 6820-61-P
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