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 retread tires are found in the vehicular products category, and the existing designations of
cement and concrete containing fly ash and building insulation products containing recovered
materials are included in the construction products category.
B. Summary of Comments and Agency's Response
No commenters opposed the consolidation of the five existing procurement guidelines
previously codified in 40 CFR Parts 248, 249, 250, 252, and 253 into a new Part 247.
Additionally, no one opposed the deletion of the outdated general guidance previously
contained in 40 CFR Part 247.
V. PURPOSE, SCOPE, AND APPLICABILITY
Subpart A of Part 247 as amended by the CPG, is primarily a consolidation of the
general provisions of the five existing guidelines. In the following sections, EPA discusses
the provisions of Subpart A as amended, identifying which regulatory provisions and
preamble discussions are repeated from earlier procurement guidelines and which are new
provisions being finalized by the CPG.
A. Purpose and Scope
Section 247.1 as amended by the CPG, is primarily a consolidation of the purpose
and scope sections of the five existing procurement guidelines. In addition, paragraph (b)
references the Recovered Materials Advisory Notice, consistent with the procurement
guidelines process established by E.O. 12873.
B. Applicability
Section 247.2 as amended by the CPG, is a consolidation of the applicability sections
of the five existing procurement guidelines. This section of the document addresses who is a
"procuring agency' and to which purchases the statutory requirements apply. Most of the
following discussion is repeated from the preambles of the five existing procurement
guidelines for the convenience of the reader. The only change is in Subsection 2, which is
new and responds to concerns raised by other Federal agencies regarding the applicability of
RCRA section 6002 to private party recipients of Federal monies other than through
contracts.
1. Summary of Comments and Agency's Response
The Agency received a number of comments on the Purpose, Scope, and Applicability
of the procurement guidelines.
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