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 (3)
Economic and technological feasibility of producing the item; and
(4)
Other uses for the recovered materials used to produce the item.
EPA considered these criteria and also consulted with Federal procurement and
requirement officials to identify other criteria to consider when selecting items for
designation. Based on the information obtained from these sources, the Agency decided that
the limitations set forth in RCRA section 6002(c) should also be factored into its selection
decisions. "Section 6002(c) requires each procuring agency that procures an item designated
by EPA to procure the item composed of the highest percentage of recovered materials
practicable, white maintaining a satisfactory level of competition. The decision not to
procure an EPA-designated item containing recovered materials may be based only on the
following: (1) the item is not reasonably available within a reasonable period of time; (2) the
item fails to meet the performance standards set forth in the agency's specification; or (3) the
item is available only at an unreasonable price. EPA recognized that these limitations could
restrict procuring agencies from purchasing EPA-designated items with recovered materials
content, and thereby, could limit the potential impact of an individual item designation. For
this reason, EPA considered the limitations cited in RCRA section 6002(c) along with the
statutory criteria when selecting items for designation in the CPG. EPA believes that the
criteria of RCRA section 6002(c) fit within the considerations of availability called for by
RCRA section 6002(e).
Thus, the Agency developed the following considerations to use as guidance when
selecting items for designation: use of materials found in solid waste, economic and
technological feasibility and performance, impact of government procurement, availability
and competition, and other uses for recovered materials.
1. Use of Materials Found in Solid Waste
All items that EPA designates in the CPG are manufactured with materials recovered
or diverted from the solid waste stream. These include both materials recovered or diverted
from municipal solid waste and materials recovered or diverted from other solid waste
streams, such as construction and demolition debris other non-hazardous industrial waste
streams. Once recovered or diverted, these materials are reclaimed and refined,
disassembled and remanufactured, or separated and processed for use as feedstock to
manufacture a new product.
The potential impact that procuring agencies may have on the solid waste stream by
procuring an EPA designated item varies depending on the sophistication of the process used
to recover or refine the material used in the manufacture of the item and on the recovered
materials content of the final product. Additionally, although designating a single item may
not have a significant impact on the amount of solid waste recovered or diverted from the
waste stream, EPA believes that designating several items made from the same recovered
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