Notice2024-20820
Update to EPA's Recommendations of Specifications, Standards and Ecolabels for Federal Purchasing; Notice of Availability and Request for Comment
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Published
September 13, 2024
Issuing agencies
Environmental Protection Agency
Abstract
In November 2022, the Environmental Protection Agency (EPA or Agency) announced the expansion of the Recommendations of Specifications, Standards and Ecolabels for Federal Purchasing (Recommendations) and invited managers of standards development organizations, ecolabel programs, and associated conformity assessment bodies to apply for potential assessment against EPA's Framework for the Assessment of Environmental Performance Standards and Ecolabels. In August 2023, EPA announced the first five purchase categories chosen for assessment. With this document, EPA is announcing the availability of and seeking feedback on the proposed additions to the Recommendations based on assessments against the Framework, as well as the proposed removals of standards/ecolabels already included in the Recommendations based on implementation of new eligibility criteria.
Full Text
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<title>Federal Register, Volume 89 Issue 178 (Friday, September 13, 2024)</title>
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[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74940-74942]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20820]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPPT-2022-0835; FRL-10293-02-OCSPP]
Update to EPA's Recommendations of Specifications, Standards and
Ecolabels for Federal Purchasing; Notice of Availability and Request
for Comment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: In November 2022, the Environmental Protection Agency (EPA or
Agency) announced the expansion of the Recommendations of
Specifications, Standards and Ecolabels for Federal Purchasing
(Recommendations) and invited managers of standards development
organizations, ecolabel programs, and associated conformity assessment
bodies to apply for potential assessment against EPA's Framework for
the Assessment of Environmental Performance Standards and Ecolabels. In
August 2023, EPA announced the first five purchase categories chosen
for assessment. With this document, EPA is announcing the availability
of and seeking feedback on the proposed additions to the
Recommendations based on assessments against the Framework, as well as
the proposed removals of standards/ecolabels already included in the
Recommendations based on implementation of new eligibility criteria.
DATES: Comments must be received on or before October 15, 2024.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2022-0835, through the Federal eRulemaking
Portal at <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 and visiting the docket, along with more
information about dockets generally, is available at <a href="https://www.epa.gov/">https://www.epa.gov/</a> dockets.
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#137f7261787a7d3d79767d7d72537663723d747c65"><span class="__cf_email__" data-cfemail="670b06150c0e09490d020909062702170649000811">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
A. Does this action apply to me?
These updates may be of specific interest to those who represent or
use sustainability standards and ecolabels, including institutional or
governmental purchasers, manufacturers seeking certification, and
standards development organizations.
B. What action is the Agency taking?
EPA has completed the assessment of the standards and ecolabels
that volunteered to be assessed in November 2022 against the Framework
for the Assessment of Environmental Performance Standards and Ecolabels
in the following product and service categories:
<bullet> Healthcare;
<bullet> Laboratories;
<bullet> Uniforms & Clothing;
<bullet> Food Service Ware (e.g., containers, cutlery and
dishware); and
<bullet> Professional Services.
Based on these assessments, EPA is now seeking feedback on the
proposed additions of specifications, standards, and ecolabels in the
above categories. EPA is also seeking feedback on the proposed removals
of standards and ecolabels in already existing purchase categories.
C. What is the Agency's authority for taking this action?
Executive Order 14057, entitled ``Catalyzing Clean Energy
Industries and Jobs Through Federal Sustainability'' (86 FR 70935,
December 13, 2021), and associated implementing instructions direct EPA
to consider expanding the Recommendations to facilitate net-zero
emissions procurement and other related sustainable purchasing goals.
In addition, Executive Order 14057 directs Federal purchasers to
prioritize products and services that address multiple environmental
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 purchasing
programs, including those meeting the specifications, standards, and
ecolabels included in the Recommendations.
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.
Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA), 15 U.S.C. 272 note, as well as mandates from the 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. 13103(b)(11), directs EPA to identify opportunities to use
Federal procurement to encourage pollution prevention.
[[Page 74941]]
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">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
II. Background
The Recommendations of Specifications, Standards, and Ecolabels
help Federal purchasers identify and procure environmentally preferable
products and services. Federal purchasers are directed in the
implementing instructions issued by the Council on Environmental
Quality, entitled ``Implementing Instructions for Executive Order
14057, Catalyzing Clean Energy Industries and Jobs Through Federal
Sustainability'' (2022) and 48 CFR 23.108 of the Federal Acquisition
Regulation to procure products and services meeting the Recommendations
to meet net-zero emissions procurement and other sustainability goals.
In November 2022, EPA announced the expansion of the Recommendations
and invited managers of standards development organizations, ecolabel
programs, and associated conformity assessment bodies to apply for
potential assessment against the Framework (87 FR 66176, November 2,
2022 (FRL-10293-01-OCSPP)). In August 2023, EPA announced the first
five purchase categories chosen for assessment via a listserv
announcement available at <a href="https://www.epa.gov/chemicals-under-tsca/epa-announces-first-product-categories-expansion-ecolabel-recommendations">https://www.epa.gov/chemicals-under-tsca/epa-announces-first-product-categories-expansion-ecolabel-recommendations</a>.
EPA then began the process to assess the standards and ecolabels that
volunteered to be assessed in those five categories and is now seeking
feedback on proposed additions to the Recommendations, along with other
updates.
In April 2022, the standard/ecolabel organizations included in the
Recommendations were notified of new eligibility criteria to be
implemented in 2023. These criteria ensure consistency with U.S.
Federal Government standards policy and assists with implementation
into General Services Administration (GSA) procurement tools and
contracts. Standards/ecolabels were given until December 31, 2023, to
demonstrate that they meet the eligibility criteria. Those that were
not able to meet the criteria, are being proposed for removal from the
Recommendations.
<bullet> There must be a publicly available and current (i.e.,
updated in the last 3 months) directory/registry of products/services
conformant to the standard or ecolabel.
<bullet> All standards and ecolabels are required to demonstrate
that they have a competent certification program--either via
accreditation or the alternative pathway provided in Section III of
EPA's Framework for the Assessment of Environmental Performance
Standards and Ecolabels.
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
activities (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.
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 EPA's Recommendations. EPA began developing
the Framework (formerly known as the Guidelines) in 2011 via a multi-
stakeholder process, including several public comment opportunities.
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.
III. Request for Public Comment
A. What feedback is sought on the addition of certain standards and
ecolabels?
EPA is seeking public input on the addition of the following
standards and ecolabels in the following product categories. Standards
and ecolabels listed below meet all applicable baseline criteria in the
Framework and are being proposed to be added to the Recommendations.
1. Healthcare
<bullet> Medical Devices [Food and Drug Administration (FDA) Class I
and II]:
--Greenscreen Certified[supreg] Standard for Medical Supplies and
Devices
--Greenhealth Approved for Medical Equipment
<bullet> Medical Supplies:
--Greenscreen Certified[supreg] Standard for Medical Supplies and
Devices
[[Page 74942]]
--Greenhealth Approved for Medical Equipment
--Nordic Ecolabelling for Sanitary Products
2. Laboratories
<bullet> Laboratory Operations:
--My Green Lab Certification
<bullet> Laboratory Equipment & Supplies:
--ACT Ecolabel from My Green Lab
3. Clothing and Uniforms
<bullet> Finished Clothing:
--Nordic Ecolabelling for Textiles, Hides/Skins, and Leathers
--Cradle to Cradle Certified Product Standard
--Global Organic Textile Standard
--European Union (EU) Ecolabel for Textile Products [Pending]. Note:
EPA designed the Framework principally for the assessment of standards
and ecolabels developed by the private sector. Because the EU Ecolabel
has been developed and is operated by the European Union, the U.S. and
the European Commission Services are discussing whether and how to
include it in the Recommendations. EPA has marked the ecolabel as
``pending'' while those deliberations continue.
<bullet> Clothing Textiles/Fabrics:
--Nordic Ecolabelling for Textiles, Hides/Skins, and Leathers
--Cradle to Cradle Certified Product Standard
--OEKO-TEX Made in Green
--OEKO-TEX Standard 100
--Global Organic Textile Standard
--GreenScreen Certified[supreg] Standard for Furniture and Fabrics
4. Cafeteria and Food Service
<bullet> Reusable Food Service Ware:
--GreenScreen Certified[supreg] Standard for Reusable Food Packaging,
Food Service Ware, & Cookware
--Cradle to Cradle Certified Product Standard
<bullet> Certified Compostable Food Service Ware:
--GreenScreen Certified[supreg] Standard for Single-Use Food Service
Ware & Thermal Paper
--Cradle to Cradle Certified Product Standard (Platinum Level in
Product Circularity)
--BPI Commercial Compostability Certification Scheme
<bullet> Certified Recyclable Food Service Ware:
--GreenScreen Certified[supreg] Standard for Single-Use Food Service
Ware & Thermal Paper
--Cradle to Cradle Certified Product Standard (Platinum Level in
Product Circularity). Note: The environmental benefits associated with
these standards and ecolabels are contingent upon the availability and
use of applicable end-of-life/waste management services. EPA provides
current best practices for the procurement of Food Service Ware sub-
categories available at <a href="https://www.epa.gov/greenerproducts/identifying-greener-food-service-and-food-service-ware">https://www.epa.gov/greenerproducts/identifying-greener-food-service-and-food-service-ware</a>.
5. Professional Services
<bullet> None.
B. What feedback is sought on the removal of certain standards and
ecolabels?
EPA is also seeking public input on the removal of the following
standards and ecolabels in the following categories, including the
reason for removal.
1. Ecologo/UL 2771 Standard for Sustainable Paper Products
<bullet> Product Category: Copy Paper--Reason for removal: standard
retired in 2023.
2. Sustainable Furnishings Council Exemplary
<bullet> Product Category: Furniture--Reason for removal: ecolabel
discontinued in 2021.
3. Sustainable Materials Rating Technology (SMaRT)
<bullet> Product Category: Carpet, Flooring, Furniture, Interior
Latex Paint--Reason for removal: Product registry has not been updated
within the past 3 months; Unable to demonstrate the existence of a
competent third-party certification program.
4. Clear Roads Qualified Products
<bullet> Product Category: De-icer--Reason for removal: Unable to
demonstrate the existence of a competent third-party certification
program.
5. International Living Futures Institute: Declare
<bullet> Product Category: Carpet, Flooring, Furniture, Interior
Latex Paint, Other Miscellaneous Building Finishes--Reason for removal:
Unable to demonstrate the existence of a competent third-party
certification program.
6. International Living Futures Institute: Living Product Challenge
<bullet> Product Category: Carpet, Flooring, Furniture, Interior
Latex Paint, Other Miscellaneous Building Finishes--Reason for removal:
Unable to demonstrate the existence of a competent third-party
certification program.
7. EPEAT Registered (Criteria for the Sustainability Assessment of
Network Equipment for the Global Electronics Council EPEAT[supreg]
Ecolabel and the T[Uuml]V Rheinland Green Product Mark)
<bullet> Product Category: Network Equipment and Cloud Services--
Reason for removal: This ecolabel was originally added to the
Recommendations based on a previous requirement in the Federal
Acquisition Regulation (FAR) that required Federal agencies to procure
EPEAT registered electronic products. The FAR was recently updated and
no longer contains that requirement.
C. What information should be included in your comment?
EPA is particularly interested in receiving comments that include
the following:
<bullet> Name of person or organization submitting the comments;
<bullet> Product or service category that pertains to your
comments;
<bullet> Reasons for the support or opposition of the proposed
updates;
<bullet> Impacts the updates may have on your organization;
<bullet> Input on new product category naming and sub-product
category naming; and
<bullet> Product or service categories you would like EPA to
consider performing assessments in during the next update cycle. This
may include product/service categories already included in the
Recommendations.
<bullet> If your standard or ecolabel organization is interested in
being assessed in the next update cycle, please provide the name of the
standard or ecolabel, the product or service category(ies) that it
covers, and a link to the publicly available website.
EPA is not seeking comments on the Framework tool used to assess
standards and ecolabels. The Framework went through a separate multi-
stakeholder development process that included several public comment
opportunities. See <a href="https://www.epa.gov/greenerproducts/framework-development-overview">https://www.epa.gov/greenerproducts/framework-development-overview</a>.
Authority: 42 U.S.C. 1310.
Dated: September 9, 2024.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2024-20820 Filed 9-12-24; 8:45 am]
BILLING CODE 6560-50-P
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