Notice2024-03083
Draft Approach for Implementation of the EPA Label Program for Low Embodied Carbon Construction Materials; Notice of Availability, Webinar and Request for Comment
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Published
February 15, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is announcing the availability of and seeking public comment on a document that describes its draft approach for implementation of the EPA label program for low embodied carbon construction materials (Draft Label Program Approach), and is announcing a webinar on February 27, 2024. The Inflation Reduction Act authorized $100 million to EPA to develop a program to identify and label construction materials and products that have substantially lower embodied carbon, in coordination with the General Services Administration (GSA) and the Department of Transportation's Federal Highway Administration (FHWA).
Full Text
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<title>Federal Register, Volume 89 Issue 32 (Thursday, February 15, 2024)</title>
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[Federal Register Volume 89, Number 32 (Thursday, February 15, 2024)]
[Notices]
[Pages 11829-11831]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-03083]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPPT-2024-0038; FRL-11694-01-OCSPP]
Draft Approach for Implementation of the EPA Label Program for
Low Embodied Carbon Construction Materials; Notice of Availability,
Webinar and Request for Comment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: The Environmental Protection Agency (EPA) is announcing the
availability of and seeking public comment on a document that describes
its draft approach for implementation of the EPA label program for low
embodied carbon construction materials (Draft Label Program Approach),
and is announcing a webinar on February 27, 2024. The Inflation
Reduction Act authorized $100 million to EPA to develop a program to
identify and label construction materials and products that have
substantially lower embodied carbon, in coordination with the General
Services Administration (GSA) and the Department of Transportation's
Federal Highway Administration (FHWA).
DATES:
Webinar: February 27, 2024, noon-1 p.m. EST.
Registration: To receive the webcast meeting link and audio
teleconference information before the meeting, you must register by 5
p.m. EST on February 26, 2024.
Special Accommodations: To allow EPA time to process your request
for special accommodations, please submit your request to EPA by 5 p.m.
EST on February 16, 2024.
Written comments: Submit your comments on or before March 18, 2024.
ADDRESSES:
Webinar: Register online at <a href="https://www.zoomgov.com/webinar/register/WN_UK3t7WwXToiRNIYFlml7CA#/">https://www.zoomgov.com/webinar/register/WN_UK3t7WwXToiRNIYFlml7CA#/</a>registration.
Special Accommodations: Please contact the person listed under FOR
FURTHER INFORMATION CONTACT.
Written comments: Submit your comments, identified by docket
identification (ID) number EPA-HQ-OPPT-2024-0038, through <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online instructions for submitting
comments. Do not submit electronically any information you consider to
be Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Additional instructions on
commenting or 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: Kersey Manliclic, Data Gathering and
Analysis Division (4410G), Office of Chemical Safety and Pollution
Prevention, Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460-0001; telephone number: (202) 566-9981; email
address: <a href="/cdn-cgi/l/email-protection#016c606f6d68626d68622f6a6473726478416471602f666e77"><span class="__cf_email__" data-cfemail="c7aaa6a9abaea4abaea4e9aca2b5b4a2be87a2b7a6e9a0a8b1">[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 federal contracting
officers, construction contractors and specifiers for federal agencies.
It may also be of interest to the following entities including federal
[[Page 11830]]
agencies setting specifications and/or requirements for federal
construction (e.g., GSA, FHWA, Department of Defense); manufacturers of
lower embodied carbon construction materials; entities purchasing
products covered by the Draft Label Program Approach for products used
in federally funded construction projects; entities setting criteria
for programs which provide funding for materials and products procured
as part of transportation infrastructure and/or building construction
projects (e.g., FHWA); and architects, engineers, and other
procurement-adjacent professionals and organizations aiming to use
lower embodied carbon construction materials and products in their
projects, rating systems, and construction planning tools.
B. What is the Agency's authority for taking this action?
IRA Section 60116 authorized $100 million to EPA to develop a
program to identify and label construction materials and products that
have substantially lower embodied carbon, in coordination with the GSA
and the FHWA.
C. What action is the agency taking?
The Agency is requesting comment on the document titled ``Draft
Approach for Implementation of the EPA Label Program for Low Embodied
Carbon Construction Materials'' (Draft Label Program Approach), which
is available in the docket. EPA is requesting information on a number
of remaining questions that will help shape and refine the program. EPA
is also announcing a stakeholder engagement opportunity through a
webinar. During the webinar EPA will give a presentation on the Draft
Label Program Approach and provide an opportunity for the public to
provide comments.
D. What should I consider as I prepare my comments?
1. Submitting CBI. Do not submit CBI to EPA through email or
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. If you wish to include CBI in your
comment, please follow the applicable instructions at <a href="https://www.epa.gov/dockets/commenting-epa-dockets#rules">https://www.epa.gov/dockets/commenting-epa-dockets#rules</a> and clearly mark the
information that you claim to be CBI. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR
parts 2 and 703, as applicable.
2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at <a href="https://www.epa.gov/dockets/commenting-epa-dockets.html">https://www.epa.gov/dockets/commenting-epa-dockets.html</a>.
II. Background
An increasing number of U.S. federal, state, and local government
procurement policies, as well as large institutional procurement
policies, are aimed at driving down greenhouse gas (GHG) emissions
related to construction materials. These policies often require
manufacturers to disclose the embodied carbon of the materials and
products they produce to be eligible for procurement. Embodied carbon
refers to the amount of GHG emissions associated with the extraction,
production, transport and manufacturing of materials and products.
The IRA, passed by Congress and signed into law in August 2022,
leverages federal procurement and funding of buildings and
infrastructure to catalyze markets for American-made construction
materials and products with lower embodied carbon (also known as
embodied greenhouse gas emissions). IRA Section 60116 provided EPA with
$100 million dollars to develop and carry out a program to identify and
label construction materials and products that have substantially lower
levels of embodied greenhouse gas emissions associated with all
relevant stages of production, use, and disposal, as compared to
estimated industry averages of similar materials or products. EPA is
committed to developing a label program that creates an easy and
reliable way for purchasers to identify and procure such lower embodied
carbon construction materials and products.
The Draft Label Program Approach was developed by EPA in
collaboration with stakeholders through a series of webinars announced
in the Federal Register of January 26, 2023, titled ``Stakeholder
Engagement Opportunities on Inflation Reduction Act Programs To Reduce
Embodied Greenhouse Gas Emissions Associated With Construction
Materials and Products'' (88 FR 5002 (FRL-10439-01-OCSPP)). These
webinars requested initial feedback on establishing new grant and
technical assistance programs, and a carbon labeling program for
construction materials with substantially lower levels of embodied
greenhouse gas emissions. The Draft Label Program Approach has been
informed greatly by the input received from the Request for Information
(RFI) responses submitted, and by extensive collaboration with other
federal agencies, including the GSA, FHWA, and others.
III. Request for Public Comment
A. What feedback does EPA hope to gain from the public comments?
In the Draft Label Program Approach, the Agency has outlined the
following:
<bullet> An initial focus on steel construction products, asphalt
mixtures, concrete mixtures, and flat glass, consistent with EPA's 2022
Interim Determination and the Federal Buy Clean Initiative;
<bullet> A phased approach that all material categories will be
able to follow at a cadence that aligns with that material's market
maturity and data availability;
<bullet> A plan to label specific construction materials and
products based on the global warming potential provided via robust
environmental product declarations;
<bullet> A publicly accessible online registry of certified
materials and products;
<bullet> A tiered rating system of certification for materials and
products; and
<bullet> A conformity assessment and verification system aligned
with the existing Environmental Product Declaration (EPD) verification
system, and consistent with standards and best practices within the ISO
IEC 17000 series and EPA's Framework for Assessing Environmental
Performance for Specifications, Standards, and Ecolabels for Federal
Purchasing. For more information about EPA's Framework and related
recommendations see <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>.
EPA is seeking public input on specific aspects of the Draft Label
Program Approach. The following information and topics may help inform
stakeholder input on data quality improvements, material threshold
settings, certification and labeling, and the overall program approach.
1. Data quality improvements. EPA has begun work to implement Phase
I of the label program, which includes:
<bullet> Development of a Vision for Improving Background Data with
the Interagency Background Data Team, which will be published in the
coming weeks.
<bullet> Development of a proposed process for ensuring datasets
directed for use in Life Cycle Analysis (LCA) development in Product
Category Rules (PCRs) are of sufficient quality to be used by PCR
Technical Committees. EPA will issue a Dataset Quality Assessment
methodology in the coming weeks.
[[Page 11831]]
<bullet> Development of PCR criteria to be utilized under the label
program to help ensure that any Environmental Product Declarations
(EPDs) used to develop GWP thresholds for the label program or identify
lower embodied carbon materials qualifying for the label are
sufficiently robust. EPA will be releasing the draft PCR criteria for
public comment in the coming weeks.
To inform development of these documents and build upon input
already received via the 2022 RFI, EPA welcomes additional input on
ways to improve background data, enhance publicly available datasets in
the LCA Data Commons, and facilitate PCR improvements.
2. Material threshold setting. EPA is considering several options
for addressing regional differences specific to the sourcing of
materials and products in the Global Warming Potential (GWP) threshold
setting process as part of Phase II of the Draft Label Program
Approach. EPA welcomes specific input on what methods would be
effective, feasible, and time- and cost-effective for specifying
regions where necessary (e.g., AASHTO Climate Zones, groupings of
states, market share or geological breakdowns).
EPA is interested in ensuring that GWP thresholds are based on
sufficiently representative data, recognizing that what constitutes
``representative'' will vary by material. EPA plans to conduct proper
statistical analysis on EPD availability, however, EPA is aware of the
time constraints in doing so. EPA welcomes specific input on how to
effectively define ``representative'' data for a specific material type
when setting thresholds (e.g., at least 30-50 EPDs for each material
type in each region, or X% of all EPDs for a material type in each
region).
3. Certifying and labeling materials and products. EPA recognizes
the need for credible conformity assessment to ensure stakeholder
confidence in the Draft Label Program Approach. EPA welcomes specific
input on what qualifications/accreditations should be considered (or
required) of EPD verifiers to demonstrate sufficient knowledge and
experience. EPA is interested in stakeholder feedback on whether the
conformity criteria and processes used by EPA programs (e.g., ENERGY
STAR, WaterSense), recommended in the EPA Framework for the Assessment
of Environmental Performance Standards and Ecolabels for Federal
Purchasing, and/or those used for EPDs in the market today should be
applied to this Draft Label Program Approach 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>.
Additionally, EPA is interested in hearing from EPD verifiers and
Conformity Assessment Bodies (CABs) that would like to provide
conformity assessment/verification services for this Draft Label
Program Approach.
4. Overall approach. EPA recognizes the importance of transparency
and stakeholder input as we continue to develop this program. Other
feedback is welcome in the form of questions, comments or additional
information for consideration as we move forward.
B. What is the request for information?
EPA encourages all potentially interested parties, including
individuals, governmental and non-governmental organizations, non-
profit organizations, community-based organizations, labor
organizations, academic institutions, research institutions, community
health centers and clinics, public health administration and
environmental health administration programs, and private sector
entities to comment on the Draft Label Program Approach. To the extent
possible, the Agency asks commenters to please cite any public data
related to or that supports responses, and to the extent permissible,
describe any supporting data that is not publicly available.
Authority: 26 U.S.C. 55 et seq.
Dated: February 8, 2024.
Jennie Romer,
Deputy Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2024-03083 Filed 2-14-24; 8:45 am]
BILLING CODE 6560-50-P
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