2. Summary of Comments and Agency's Response
No commenters opposed the proposed designations of playground surfaces and
3. Rationale for Designation
EPA believes that both playground surfaces and running tracks satisfy the statutory
criteria for selecting items for designation.
a. Use of materials in solid waste. Playground surfaces and running tracks can
contain recovered rubber and PVC. As discussed above in section II.A, both of these
materials are signifcant components of municipal solid waste, and PVC is also found in
construction and demolition debris.
b. Technically proven uses. The companies surveyed by EPA have sold playground
surfaces made with recovered materials for a variety of installations, including McDonalds'
playgrounds, schools, and military bases. Running tracks made of recovered rubber have
also been constructed at universities, schools, military bases, the U.S. Olympics, and the
GSA does not have specifications for playground surfaces or running tracks; however,
Federal agency installations of these products must comply with applicable state or local
construction codes, as well as the Consumer Product Safety Commission standards and the
Americans With Disabilities Act. The Consumer Products Safety Commission requires that
playground surfaces meet certain performance standards to reduce head injuries, including
ASTM specification F 1292, pertaining to impact attenuation standards. Playground
surfacing and running tracks must also comply with the Americans With Disabilities Act,
which provides that mobility-impaired persons cannot be prohibited from access to public
c. Impact of government procurement. Playground surfaces and running tracks are
used by Federal agencies for installation at military bases and parks and recreation facilities.
Playground surfaces are also us&l in day care centers and housing developments.
In 40 CFR 247.14, EPA is designating playground surfaces and running tracks
containing recovered rubber or plastic. This designation does not preclude a procuring
agency from purchasing playground surfaces or running tracks manufactured using other
materials. It simply requires that a procuring agency, when purchasing playground surfaces
or running tracks manufactured from rubber or plastic, purchases such items made with