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.