Notice2022-23843
Webinar and Opportunity To Submit Applications for the Assessment of Environmental Performance Standards and Ecolabels for Potential Inclusion in EPA's Recommendations for Federal Purchasing
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Published
November 2, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is expanding the Recommendations of Specifications, Standards and Ecolabels for Federal Purchasing (Recommendations) and is seeking managers of standards development organizations, ecolabel programs, and associated conformity assessment bodies to apply for potential assessment and inclusion in the Recommendations. Interested applicants should electronically submit responses to the scoping questions. Those considering applying are invited to attend a webinar hosted by the EPA's Environmentally Preferable Purchasing (EPP) Program to learn more and ask questions about the assessment process. Once all applications are received, EPA will issue an estimated timeline for full assessments against Sections I through IV of the Framework for the Assessment of Environmental Performance Standards and Ecolabels for Federal Purchasing (Framework). The number of full assessments that EPA can perform will depend on the number of applicants and available resources.
Full Text
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<title>Federal Register, Volume 87 Issue 211 (Wednesday, November 2, 2022)</title>
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[Federal Register Volume 87, Number 211 (Wednesday, November 2, 2022)]
[Notices]
[Pages 66176-66178]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23843]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPPT-2022-0835; FRL-10293-01]
Webinar and Opportunity To Submit Applications for the Assessment
of Environmental Performance Standards and Ecolabels for Potential
Inclusion in EPA's Recommendations for Federal Purchasing
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: The Environmental Protection Agency (EPA) is expanding the
Recommendations of Specifications, Standards and Ecolabels for Federal
Purchasing (Recommendations) and is seeking managers of standards
development organizations, ecolabel programs, and associated conformity
assessment bodies to apply for potential assessment and inclusion in
the Recommendations. Interested applicants should electronically submit
responses to the scoping questions. Those considering applying are
invited to attend a webinar hosted by the EPA's Environmentally
Preferable Purchasing (EPP) Program to learn more and ask questions
about the assessment process. Once all applications are received, EPA
will issue an estimated timeline for full assessments against Sections
I through IV of the Framework for the Assessment of Environmental
Performance Standards and Ecolabels for Federal Purchasing (Framework).
The number of full assessments that EPA can perform will depend on the
number of applicants and available resources.
DATES:
Webinar: The Webinar will be held virtually on November 15, 2022,
from 1:00 p.m. to 2:30 p.m. EDT. You must register online at <a href="https://www.zoomgov.com/webinar/register/WN_gXXfTIpbS9CLgEQWQHsNKQ">https://www.zoomgov.com/webinar/register/WN_gXXfTIpbS9CLgEQWQHsNKQ</a> in order to
receive the webcast meeting link and audio teleconference information.
EPA encourages timely registration, but you can register at any time
before and up to the start of the meeting. Once you register, you will
promptly receive an email with the necessary webcast meeting
information.
Applications: On or before January 1, 2023, interested parties must
electronically submit by email to <a href="/cdn-cgi/l/email-protection#83e6f3f3c3e6f3e2ade4ecf5"><span class="__cf_email__" data-cfemail="ea8f9a9aaa8f9a8bc48d859c">[email protected]</span></a> responses to the scoping
questions found at: <a href="https://www.epa.gov/greenerproducts/framework-assessment-environmental-performance-standards-and-ecolabels-federal">https://www.epa.gov/greenerproducts/framework-assessment-environmental-performance-standards-and-ecolabels-federal</a>.
Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute.
Special accommodations: Requests for special accommodations for the
Webinar should be submitted on or before November 7, 2022, to allow EPA
time to process the requests. For information on access or services for
individuals with disabilities, and to request accommodation for a
disability, please contact Jenna Larkin, listed under FOR FURTHER
INFORMATION CONTACT.
ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPPT-2022-0835 that is available
online at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Additional instructions on
visiting the docket, along with more information about dockets
generally, is available at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT: Jenna Larkin, Environmental Protection
Specialist, Environmentally Preferable Purchasing Program (7409M),
Office of Chemical Safety and Pollution Prevention, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; telephone number: (202) 564-3395; email address:
<a href="/cdn-cgi/l/email-protection#0c606d7e67656222666962626d4c697c6d226b637a"><span class="__cf_email__" data-cfemail="2b474a5940424505414e45454a6b4e5b4a054c445d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
A. Does this action apply to me?
This is directed to the public in general. This notice may be of
specific interest to persons who represent standards development
organizations, ecolabel programs, and associated conformity assessment
bodies that manage product or service environmental performance
standards and/or ecolabels that could be considered for use in United
States federal sustainable procurement efforts.
B. What action is the Agency taking?
EPA is expanding the Recommendations of Specifications, Standards
and Ecolabels for Federal Purchasing. Interested applicants must submit
their responses to the scoping questions electronically to <a href="/cdn-cgi/l/email-protection#cbaebbbb8baebbaae5aca4bd"><span class="__cf_email__" data-cfemail="c1a4b1b181a4b1a0efa6aeb7">[email protected]</span></a>
by January 1, 2023. The scoping questions can be found in the docket or
at <a href="https://www.epa.gov/greenerproducts/framework-assessment-environmental-performance-standards-and-ecolabels-federal">https://www.epa.gov/greenerproducts/framework-assessment-environmental-performance-standards-and-ecolabels-federal</a>.
C. What is the Agency's authority for taking this action?
This effort directly supports the implementation of several
Executive Orders and statutes.
Executive Order 14008, entitled ``Tackling the Climate Crisis at
Home and Abroad'' (86 FR 7619, February 1, 2021), directs the Federal
government to lead by example and leverage its buying power to
``catalyze private sector investment into, and accelerate the
advancement of America's industrial capacity to supply domestic clean
energy, buildings, vehicles, and other necessary products and
materials''. The expansion of the Recommendations will help to spur
this market demand for more sustainable products and services.
Standards and ecolabels included in the Recommendations will also
help to meet Executive Order 14030, entitled ``Climate-Related
Financial Risk'' (86 FR 27967, May 20, 2021), which directs the Federal
Acquisition Regulatory (FAR) Council to consider amending the FAR to
ensure that major procurements minimize the risk of climate change.
The implementing instructions for Executive Order 14057, entitled
``Catalyzing Clean Energy Industries and Jobs Through Federal
Sustainability'' (86 FR 70935, December 13, 2021), directs EPA to
consider expanding the Recommendations to facilitate net-zero emissions
procurement and other related sustainable purchasing goals. In
addition, it directs federal purchasers to prioritize products and
services that address multiple environmental
[[Page 66177]]
impacts. After meeting applicable statutory mandates (BioPreferred,
SNAP, CPG, ENERGY STAR/FEMP), agencies are directed to buy products and
services that meet one or more of the applicable EPA programs,
including those meeting the specifications, standards, and ecolabels
included in the Recommendations.
The section 12(d) of the National Technology Transfer and
Advancement Act (NTTAA), 15 U.S.C. 272 note, as well as mandates from
the White House Office of Management and Budget (OMB) identified as
Circular A-119, entitled ``Federal Participation in the Development and
Use of Voluntary Consensus Standards and in Conformity Assessment
Activities'', direct federal agencies to use Voluntary Consensus
Standards (VCS) in lieu of government-unique standards as a means to
carry out policy and procurement objectives except where inconsistent
with applicable law or otherwise impractical.
Section 6604(b)(11) of the Pollution Prevention Act (PPA), 42
U.S.C. 13101 et seq., directs EPA to identify opportunities to use
Federal Procurement to encourage pollution prevention.
II. Background
The Infrastructure Investment and Jobs Act (IIJA), Public Law 117-
58 (November 15, 2021), invests $100 million in the agency's Pollution
Prevention program, including a new grant opportunity focused on
encouraging products, purchasing, and/or supply chains that are safer,
more sustainable, and environmentally preferable. The Recommendations,
along with the standards and ecolabels included in the Recommendations,
will be referenced, and utilized in the implementation of these new
grants.
In addition, the Inflation Reduction Act (IRA), Public Law 117-169
(August 16, 2022), allocates $350 million to the P2 program to
establish a labeling program for lower embodied carbon construction
materials and a new grant program to provide technical assistance for
reducing, measuring, and reporting the embodied carbon of construction
materials and products. To support these efforts via the
Recommendations, where appropriate, EPA seeks to understand the current
state of private sector standards and ecolabels in addressing embodied
carbon and other key sustainable acquisition priorities in the
construction sector.
A. What are the recommendations of specifications, standards, and
ecolabels for Federal purchasing?
The Recommendations help purchasers easily identify credible and
effective environmental performance standards/ecolabels/certifications
by product/service category for incorporation into federal procurement
(e.g., contracts and e-procurement systems). They currently include
over 30 product and service categories and more than 40 private sector
environmental performance standards and ecolabels. The Recommendations
give preference to multi-attribute/lifecycle-based standards and
ecolabels that address key impact areas (aka hotspots) and where
product conformance is determined by a competent third-party
certification body. Federal purchasers are directed by Executive Order
14057 and the Federal Sustainability Plan to procure products and
services meeting the Recommendations to help facilitate net-zero
emissions procurement and other sustainability goals.
B. What is the framework for the assessment of environmental
performance standards and ecolabels?
The Framework, available at <a href="https://www.epa.gov/greenerproducts/framework-assessment-environmental-performance-standards-and-ecolabels-federal">https://www.epa.gov/greenerproducts/framework-assessment-environmental-performance-standards-and-ecolabels-federal</a>, provides a transparent, fair, and consistent approach to
evaluate product and service environmental performance standards and
ecolabels for inclusion in the EPA's Recommendations. The EPA began
developing the Framework (formerly known as the Guidelines) in 2011 via
a multi-stakeholder, consensus-based process, including several public
comment periods. The Framework was then piloted in 2015-2016 in three
product categories: furniture, flooring (includes carpet), and paints/
coatings. Based on lessons learned from the pilot, additional minor
edits were made to clarify and streamline the criteria within the
Framework and make it applicable to services. An updated version of the
Framework was announced and posted to the EPA website in February 2022.
That announcement also included details about EPA's intentions to use
the Framework to expand the Recommendations into additional product and
service categories. More details on the Framework development process
are available at <a href="https://www.epa.gov/greenerproducts/framework-development-overview">https://www.epa.gov/greenerproducts/framework-development-overview</a>.
The Framework includes:
<bullet> Scoping Questions: Assist EPA in planning and budgeting;
confirm eligibility and scope before proceeding with full assessment
against applicable sections of the Framework.
The four sections of Assessment Criteria include:
<bullet> Section I: Process for Developing the Standard--Assesses
the procedures used to develop, maintain, and update an environmental
performance standard, including whether a standard is considered a
voluntary consensus standard.
<bullet> Section II: Environmental Effectiveness of the Standard--
Assesses the criteria in the environmental performance standard or
ecolabel that support the claim of environmental preferability.
<bullet> Section III: Conformity Assessment--Assesses the
procedures and practices by which products or services are assessed for
conformity to the requirements specified by standards and ecolabeling
programs.
<bullet> Section IV: Management of Ecolabeling Programs--Assesses
the organizational and management practices of an ecolabeling program.
C. What information is EPA considering during review of the
applications?
EPA is interested in performing assessments in purchase categories
that support federal goals and mandates regarding climate (e.g., net-
zero emissions procurement and low embodied carbon construction
materials), safer chemicals (e.g., products that do not contain
perfluoroalkyl or polyfluoroalkyl substances (PFAS)), and/or other
Administration sustainable acquisition priorities. EPA is particularly
interested in expanding into the following sectors:
<bullet> Building/construction;
<bullet> Infrastructure;
<bullet> Landscaping;
<bullet> Food and cafeteria services;
<bullet> Uniforms/clothing;
<bullet> Professional services; and
<bullet> Laboratories and healthcare.
Additionally, in purchase categories already included in the
Recommendations. See current list of purchase categories covered at
<a href="https://www.epa.gov/greenerproducts/recommendations-specifications-standards-and-ecolabels-federal-purchasing">https://www.epa.gov/greenerproducts/recommendations-specifications-standards-and-ecolabels-federal-purchasing</a>.
III. Application Process
A. How do I apply?
Applicants should familiarize themselves with the Framework for the
Assessment of Environmental Performance Standards and Ecolabels
[[Page 66178]]
found at: <a href="https://www.epa.gov/system/files/documents/2022-05/updated-framework_5-2022.pdf">https://www.epa.gov/system/files/documents/2022-05/updated-framework_5-2022.pdf</a>. If eligible, applicants should download and
complete the scoping questions and electronically submit them to
<a href="/cdn-cgi/l/email-protection#670217172702170649000811"><span class="__cf_email__" data-cfemail="53362323133623327d343c25">[email protected]</span></a> by January 1, 2023. The scoping questions can be found
within the docket or at: <a href="https://www.epa.gov/greenerproducts/framework-assessment-environmental-performance-standards-and-ecolabels-federal">https://www.epa.gov/greenerproducts/framework-assessment-environmental-performance-standards-and-ecolabels-federal</a>.
No further responses to Sections I through IV of the Framework are
required to be submitted at this time.
B. What to expect after applying?
After the application deadline closes, the EPA will issue an
estimated timeline for full assessments against Sections I through IV
of the Framework by product/service category within 120 days. For each
category being assessed, the EPA will provide further notice and
instruction to applicable applicants.
EPA may not perform a full assessment of all standards and/or
ecolabels submitted for assessment due to either lack of resources or
lack of alignment with Administration priorities. EPA intends for there
to be other opportunities to apply for assessment in the future. The
timeframe for EPA to complete the assessments will depend on the number
of applicants and available resources.
C. What are other ways these assessments will be used?
The General Services Administration (GSA) is partnering with EPA in
this effort to better understand the market of building/infrastructure/
site project-level standards/ecolabels/certifications so it can provide
this information to other agencies. Per section 436(h) of the Energy
Independence and Security Act of 2007 (EISA), 42 U.S.C. 17001 et seq.,
GSA evaluates green building certification systems and provides its
findings to the Secretary of Energy who, in consultation with the
Department of Defense and GSA, formally identifies the system(s) to be
used across the federal government. For more information, please visit
<a href="https://www.gsa.gov/gbcertificationreview">https://www.gsa.gov/gbcertificationreview</a>.
IV. Paperwork Reduction Act (PRA)
According to PRA, 44 U.S.C. 3501 et seq., an agency may not conduct
or sponsor, and a person is not required to respond to a collection of
information that requires OMB approval under the PRA, unless it has
been approved by OMB and displays a currently valid OMB control number.
The OMB control numbers for EPA's regulations in title 40 of the CFR,
after appearing in the Federal Register, are listed in 40 CFR part 9,
and included on the related collection instrument or form, as
applicable.
The information collection activities and estimated burdens
associated with the assessment of environmental performance standards
and ecolabels for federal procurement are approved by OMB pursuant to
the PRA under OMB Control No. 2070-0199 (EPA ICR No. 2516.04) through
September 30, 2025, unless that approval is extended or renewed prior
to that date. This action does not impose any new burden or activities
requiring additional OMB approval. This program involves voluntary
responses as specified under 42 U.S.C 13101 and 15 U.S.C. 3701, and the
annual paperwork burden for the collection associated with the full
assessment against sections I through IV of the Framework is estimated
to average 8.5 hours per response. For additional details, please see
the Information Collection Request (ICR) document that is available in
the docket.
Send any comments about the accuracy of the burden estimate, and
any suggested methods for further minimizing respondent burden,
including through the use of automated collection techniques, to the
Director, Regulatory Support Division, Office of Mission Support
(2822T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460-0001. Please remember to include the OMB control
number in any correspondence, but do not submit any questions to this
address.
Authority: 42 U.S.C. 1310.
Dated: October 28, 2022.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2022-23843 Filed 11-1-22; 8:45 am]
BILLING CODE 6560-50-P
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