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 a. Federal Acquisition Regulation. The Federal Acquisition Regulation (FAR) (48
CFR 1) is the primary regulation used by Executive agencies in their acquisition of supplies
and services. Part 23 sets forth requirements and procedures for Federal agencies to use
when procuring EPA-designated items.
b. OFPP Policy Letter 92-4. OFPP's Policy Letter 92-4, "Procurement of
Environmentally-Sound and Energy-Efficient Products and Services" (57 FR 53362),
establishes Executive branch policies for the acquisition and use of environmentally-sound,
energy-efficient products and services. In addition to reiterating the requirements of RCRA
section 6002, the Policy Letter requires Executive agencies to (1) identify and-procure
products and services that, all factors taken into consideration, are environmentally-sound
and energy-efficient, and (2) employ life cycle cost analysis to assist in making product and
service selections.
c. OMB Circular A-102. On October 14, 1994, OMB published revisions to OMB
Circular A-102, "Grants and Cooperative Agreements with, State and Local Governments"
(59 FR 52224). Paragraph 2(h) of the circular requires state and local government recipients
of Federal assistance funding to comply with RCRA section 6002;
d. OMB Circular A-119. OMB Circular A-119, "Federal Participation in the
Development and Use of Voluntary Standards" (54 FR 57645), sets forth policy for
Executive agencies to follow in working with voluntary standards bodies and in adopting and
using voluntary standards. Paragraph 7(a)(4) recommends that Federal agencies give
preference to adopting and using standards that `foster materials, products, systems, or
practices that are environmentally-sound and energy-efficient."
e. OMB Circular A-131. OMB Circular A-131, "Value Engineering" (58 FR 31056).
requires Executive agencies to use value engineering as a management tool to reduce
program and acquisition costs. Paragraph 8(b) requires agencies to develop guidelines for
both in-house personnel and contractors to identify programs/projects with the most potential
to yield savings from the application of value engineering techniques. Paragraph 3(b)(4)
further requires this guidance to ensure. that the application of value engineering to
construction and other projects/programs includes consideration of environmentally-sound and
energyefficient results.
D. Criteria for Selecting Items for Designation
RCRA section 6002(e) requires EPA to consider the following criteria when
determining which items it will designate:
Availability of the item;
(1)
Potential impact of the procurement of the item by procuring agencies on the
(2)
solid waste stream;
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