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I. INTRODUCTION
On April 20, 1994, the Environmental Protection Agency (EPA or Agency) published
a Comprehensive Procurement Guideline (CPG) proposing to designate items that are or can
be made with recovered materials (see 59 FR 18852-18891, April 20, 1994). This document
provides supporting analysis used by the Agency to issue the final CPG and explains EPA's
overall objectives, the process for designating procurement items and recommending
procurement practices for those items, and the methodology for recommending materials
content levels for designated items. This document also provides the Agency's detailed
response to public comments received on the Agency's proposed rule.
II. BACKGROUND
Section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act of 1976 (RCRA or the Act) and the Hazardous and Solid
Waste Amendments of 1984 (HSWA), requires EPA to designate items that are or can be
made with recovered materials and to recommend practices to assist procuring agencies in
meeting their obligations under RCRA section 6002 with respect to procurement of
designated items. After EPA designates an item, RCRA requires that each procuring agency,
when purchasing a designated item, must purchase that item composed of the highest
percentage of recovered materials practicable.
Executive Order 12873 (Executive Order or E.O.) specifies the procedure for EPA to
follow in implementing RCRA section 6002(e). Section 502 of the Order requires EPA to
designate items in a Comprehensive Procurement Guideline (CPG) and to recommend
procurement practices in a related Recovered Materials Advisory Notice (RMAN).
Since 1983, EPA has issued five guidelines for the procurement of products
containing recovered materials as listed in Table 1. In addition, the Agency published a draft
RMAN for Paper Products, which contains draft new recommended recovered materials,
content levels for paper and paper products (see 60 FR 14182; March 15.1995). EPA is
accepting public comment on these draft recommendations until May 15, 1995. EPA will
publish a final Paper Products RMAN after considering all public comments received.
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