particularly the monitoring and reporting aspects, for items they already purchase with
recovered materials content.
In the proposed CPG (59 FR 18864, April 20, 1994), EPA recommended that
procuring agencies develop one comprehensive affirmative procurement program with a
structure that provides for the integration of new items as they are designated. EPA believes
that developing a single affirmative procurement program will substantially reduce procuring
agencies' administrative responsibilities under RCRA.
EPA also recommends that if a procuring agency does not purchase a specific
designated item, it should simply include a statement in its preference program to that effect.
Similarly, if a procuring agency is unable to obtain a particular item for one or more of the
reasons cited in RCRA section 6002(c)(1), a similar statement should be included in the
preference program along with the appropriate justification.
For example, if a state agency procures cement and concrete using appropriated
Federal funds and has determined that ground granulated blast furnace slag is not available in
the state due to high transportation costs, then that state agency would include the following
or similar statement in its preference program:
The State currently is unable to use ground granulated blast furnace stag in cement
and concrete products due to the high transportation costs of this material. Therefore,
this State has-concluded that, based on RCRA section 6002(c)(1)(C), it is not required
to procure this material.
EPA notes that, in accordance with RCRA section 6002(i)(2)(D); it is the procuring
agency's responsibility to monitor and regularly update its affirmative procurement program.
Should an item that was previously unobtainable become available, then the procuring agency
should modify its affirmative procurement program accordingly.
In addition, to meet the affirmative procurement requirements for items already
purchased, EPA recommends that a procuring agency note in its affirmative procurement
program which designated items. it already purchases. EPA further notes that because
Federal agencies are the only procuring agencies that are required to report under the statute,
there is no administrative burden on state and local agencies associated with recordkeeping.
Recordkeeping and reporting requirements are discussed in further detail in Section VII.F.
b. Exceptions to affirmative procurement. Two commenters requested that EPA
provided further information on the four exceptions to purchasing EPA-designated items.
Other commenters requested that EPA include a definition of "unreasonable price."
EPA has included these discussions in Section VII.C.5 above.