EPA is engaging in this collection pursuant to the authority in the Pollution Prevention Act (42 U.S.C. 13103(b)(11)), which requires EPA to "[i]dentify opportunities to use Federal procurement to encourage source reduction," and section 12(d) of the National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note), which requires Federal agencies to "use technical standards that are developed or adopted by voluntary consensus standards bodies, using such technical standards as a means to carry out policy objectives or activities." Federal agencies need this assessment per the draft guidelines to determine which, among sometimes dozens of private sector standards within a single purchase category, are appropriate and effective in meeting Federal procurement goals and mandates.
Federal agencies must comply with the following sustainability-related purchasing mandates: Section 2(h) of Executive Order 13514; section 6002 of the Resource Conservation and Recovery Act (42 U.S.C. 6962); section 9002 of the Farm Security and Rural Investment Act (7 U.S.C. 8102); the Energy Policy Act (42 U.S.C. 13201 et seq.); section 2(d) of Executive Order 13423, entitled: Strengthening Federal Environmental, Energy, and Transportation Management (72 FR 3919, January 26, 2007), and the FAR, including 48 CFR Part 23, entitled: Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace (see http://www.whitehouse.gov/omb/procurement_index_green).
Via NTTAA, Federal agencies are required to "use technical standards that are developed or adopted by voluntary consensus standards bodies, using such technical standards as a means to carry out policy objectives or activities," except when an agency determines that such use "is inconsistent with applicable law or otherwise impractical." OMB Circular A-119, entitled: Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities, reaffirms Federal agency use of non-governmental standards in procurement.
While Federal purchasing policy is clear for the several standards and eco-labels that are listed in statute, regulation, or Executive Order, the lack of independently assessed information about and Federal guidance on using other product environmental performance standards and eco-labels often results in an inconsistent approach by Federal purchasers and confusion and uncertainty for vendors and manufacturers.
US Code:
42 USC 13103(b)(11)
Name of Law: Pollution Prevention Act
US Code:
15 USC 272 note
Name of Law: National Technology Transfer and Advancement Act
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
2516ss01.docx
Attach8-2.ConsultationsResponse.pdf
2516supp01 Attachment-6_Pilot Collection Instrument_rev2016-06-07.xlsx
Private Sector