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al Guidelines (40 CFR Parts 240 and 241) should be included in the analysis. This cost analysis should enable the facility to determine the most cost effective method of implementing these guidelines.

§ 246.202-7 Recommended procedures: Establishment of purchase contract.

Formal bids should be requested for purchase of the recovered materials, such bids being solicited in conformance with bidding procedures established for the responsible agency. Contracts should include the buyer's quality

specifications, transportation agreements, a guarantee that the material will be accepted for one year or more and a guaranteed minimum purchase price.

§ 246.203 Reevaluation.

stitute, Inc. Publication. New York, New York. 12 p.

SCS Engineers, Inc. Analysis of source separate collection of recyclable solid waste collection center studies. Environmental Protection Publication SW-95c.2. U.S. Environmental Protection Agency, 1974. 70 p. (Distributed by National Technical Information Service, Springfield, Virginia, as PB-239 776.)

SCS Engineers, Inc. Analysis of source separate collection of recyclable solid waste; office buildings. U.S. Environmental Protection Agency, 1976. (To be distributed by National Technical Information Service, Springfield, Virginia.)

SCS Engineers, Inc. Analysis of source separate collection of recyclable solid waste; separate collection studies. Environmental Protection Publication SW-95c.i. U.S. Environmental Protection Agency, 1974. 157 p. (Distributed by National Technical Information Service, Springfield, Virginia, as PB-239 775.)

Smith, F. L. An analysis of wastepaper exports. Washington, U.S. Environmental Protection Publication SW-132, 1974. 17 p.

APPENDIX-RECOMMENDED
BIBLIOGRAPHY

Belknap, M. Paper recycling: a business perspective. Subcommittee on Solid Waste, New York Chamber of Commerce Publication, September 1972.

Dane, S. The national buyer's guide to recycled paper. Environmental Educators, Inc. Publication. Washington, 1973. 208 p. Davis, R. H., and P. Hansen. A new look at the economics of separate refuse collection. SCS Engineers, Inc. report. Long Beach, California, April 1974. 22 p. Hansen, P. Residential paper recovery—a municipal implementation guide. Environmental Protection Publication SW-155. Washington, U.S. Government Printing Office, 1975. 26 p.

Hansen, P. Solid waste recycling projects-a national directory. Environmental Protection Publication SW-45. Washington, U.S. Government Printing Office, 1973. 284 p. Lingle, S. A. Paper recycling in the United States. Washington, U.S. Environmental Protection Publication, August 1974. 22 p. Lingle, S. A. Separating paper at the waste source for recycling. Environmental Protection Publication SW-128. Washington, U.S. Government Printing Office, 1974. 16 p.

Office of Solid Waste Management Programs. Third report to Congress; resource recovery and waste reduction. Environmental Protection Publication SW-161. Washington, U.S. Government Printing Office, 1975. 96 p. Paper Stock Conservation Committee. Wastepaper recycling. American Paper In

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247.200 Specifications.

247.200-1 Recommended procedures: Specification review.

247.200-2 Recommended procedures: Consultation.

247.201 Procurement.

247.201-1 Recommended procedures: Procurement procedures.

247.202 Solid-waste-derived-fuel. 247.202-1 Recommended procedures: Procurement of solid-waste-derived-fuel.

AUTHORITY: Solid Waste Disposal Act of 1965 (Pub. L. 89-272) as amended by the Resource Recovery Act of 1970 (Pub. L. 91512).

SOURCE: 41 FR 2357, Jan. 15, 1976, unless otherwise noted.

Subpart A-General Provisions

§ 247.100 Scope.

(a) Compliance with the procedures recommended in these guidelines is not mandatory for Federal agencies. These procedures are recommended to Federal, State, Interstate, Regional and Local Governments and private business and institutions for the review of specifications and the procurement of products.

(b) These guidelines recommend procedures that can bring about the increased use of recycled material in personal and real property procured by Federal agencies if the recommendations contained herein are adopted by parties preparing specifications for products to be procured and by parties purchasing these products.

(c) The "Recommended Procedures" contained herein delineate actions that Federal agencies should use to ascertain that the specifications they are responsible for, and the procurement actions that they take, will bring about the increased use of recycled material.

(d) These guidelines should be applicable to all Agencies that draft specifications for products or procure products using those specifications, or both. Agencies that procure products using specifications that are formulated by the Federal Government should procure those products using the recommendations contained

in these

guidelines at all levels of procurement. These guidelines should also apply to products procured by contractors when the controlling agency drafts the specifications used by the contractor. These guidelines should not be applied to the procurement of products that are purchased using specifications that are not drafted by Federal agencies.

(e) The Environmental Protection Agency will render technical assistance and other guidance to Federal agencies when requested to do so pursuant to section 3(d)1 of Executive Order 11752.

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ary facility that converts fossil fuel into energy, such as steam, hot water, electricity, etc.

(b) "Material specification” means a specification that stipulates the use of certain materials to meet the necessary performance requirements.

(c) "Performance

specification"

means a specification that states the desired operation or function of a product but does not specify the materials from which the product must be constructed.

(d) "Personal property" means any property that is not real property and that is movable or not attached to the land. Personal property can be a single or multi-component or multi-material product.

(e) "Post consumer waste (PCW)" means a material or product that has served its intended use and has been discarded for disposal after passing through the hands of a final user. "Post consumer waste" is a part of the broader category, “Recycled material.”

(f) "Real property” means any property that is immovable and attached to the land.

(g) "Recycled material” means a material that can be utilized in place of a raw or virgin material in manufacturing a product and consists of materials derived from post consumer waste, industrial scrap, material derived from agricultural wastes and other items, all of which can be used in the manufacture of new products.

(h) "Responsible agency" means a department, agency, establishment or instrumentality of the executive branch of the Federal Government or the organizational element within such responsible agency that has the primary responsibility for procurement of materials or products or the preparation of specifications for the procurement of materials or products. (i) "Solid waste" means garbage, refuse, sludges, and other discarded solid materials, including solid waste materials resulting from industrial, commercial, and agricultural operations, and from community activities, but does not include solids or dissolved materials in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water

effluents, dissolved materials in irrigation return flow, or other common water pollutants.

(j) "Solid-waste-derived fuel" means a fuel that is produced from solid waste that can be used as a primary or supplementary fuel in conjunction with or in place of fossil fuels. The solid-waste-derived fuel can be in the form of raw (unprocessed) solid waste, shredded (or pulped) and classified solid waste, gas or oil derived from pyrolyzed solid waste, or gas derived from the biodegradation of solid waste.

(k) "Specification" means a clear and accurate description of the technical requirement for materials, products or services, which specifies the minimum requirement for quality and construction of materials and equipment necessary for an acceptable product. In general, specifications are in the form of written descriptions, drawings, prints, commercial designations, industry standards, and other descriptive references.

(1) "Virgin material" means a raw material used in manufacturing that has been mined or harvested and has not yet become a product.

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(a) All agencies that have the responsibility for drafting or reviewing specifications for products procured by the Federal Government should review those specifications and ascertain whether recycled materials are excluded from the specifications. All specifications with exclusions should be rewritten without the exclusion, unless performance standards would not be satisfied.

(b) Any statement in a specification that requires the product to be manufactured from virgin materials should be eliminated, unless performance standards would not be satisfied.

(c) All agencies should revise specifications used in purchasing personal and real property so that all specifications require the inclusion of recycled

material to the maximum extent practicable.

(d) All specifications should be revised if the performance requirements are so stringent that they arbitrarily exclude products that contain the maximum practical amount of recycled materials.

(e) The review process should be completed at the next specification review or at the time of the next major procurement action.

(f) Specifications should require the recycled material contained in the products to be post-consumer waste whenever practicable or that the recycled material specified contain the highest percentage of post-consumer waste that is practicable.

(g) If the inclusion of recycled material to the maximum extent practicable as in § 247.200-1(c) cannot be determined by the specification writer, then the specification should encourage manufacturers to include recycled material to the maximum extent that will still allow the product to meet the performance standards required.

§ 247.200-2 Recommended procedures: Consultation.

The determination of practicable percentages of recycled material to be contained in a product should be established by consultation with the Bureau of Standards of the U.S. Department of Commerce, American Society of Testing and Materials Engineers (ASTM), other appropriate groups who are involved with product performance standards, the U.S. Environmental Protection Agency, and through appropriate literature review and testing.

§ 247.201 Procurement.

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Subpart A-General

§ 248.1 Purpose.

(a) The purpose of this guideline is to assist procuring agencies in complying with the requirements of section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (RCRA or the Act), as amended, 42 U.S.C. 6962, as that section applies to procurement of building insulation products designated in § 248.2 of this part.

(b) This guideline contains recommendations for use in implementing the requirements of section 6002, including revision of specifications, purchasing activities, and procurement.

(c) EPA believes that adherence to the recommendations in the guideline constitutes compliance with section 6002. However, procuring agencies may adopt other types of procurement programs consistent with section 6002. § 248.2 Designation.

EPA designates building insulation products as items which are or can be produced with recovered materials and whose procurement by procuring agencies will carry out the objectives of section 6002 of RCRA.

§ 248.3 Applicability.

(a)(1) This guideline applies to all procuring agencies and to all procurement actions involving building insulation products where the procuring agency purchases in excess of $10,000 worth of one of these items during the course of a fiscal year, or where the cost of such items or of functionally equivalent items purchased during the preceding fiscal year was $10,000 or more. For purposes of the $10,000 threshold, functional equivalency extends to all building insulation products used for ceilings, floors, foundations, and walls. All building insulation products are considered to be functionally equivalent and include the following product types and materials:

(i) Loose-fill insulation, including but not limited to cellulose fiber, mineral fibers (fiberglass and rock wool), vermiculite, and perlite;

(ii) Blanket and batt insulation, including but not limited to mineral fibers (fiberglass and rock wool);

(iii) Board (sheathing, roof decking, wall panel) insulation, including but not limited to cellulose fiber fiberboard, perlite composite board, polyurethane, polyisocyanurate, polystyrene, phenolics, and composites; and

(iv) Spray-in-place insulation, including but not limited to foam-in-place polyurethane and polyisocyanurate, and spray-on cellulose.

(2) This guideline applies to Federal agencies, to State and local agencies using appropriated Federal funds to procure building insulation products, and to persons contracting with any such agencies with respect to work performed under such contracts. Federal agencies should note that the requirements of RCRA section 6002 apply to them whether or not appropriated Federal funds are used for procurement of items designated by EPA.

(3) The $10,000 threshold applies to procuring agencies as a whole rather than to agency subgroups such as regional offices or subagencies.

(b) The term "procurement actions" includes purchases made directly by a procuring agency and purchases made directly by any person in support of work being performed for a procuring agency (e.g., by a contractor).

(c) This guideline does not apply to purchases which are not the direct result of a contract with or a grant, loan, or funds disbursement to a procuring agency.

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As used in this guideline:

(a) "Act" or "RCRA" means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901 et seq.

(b) "Blanket insulation" means relatively flat and flexible insulation in coherent sheet form, furnished in units of substantial area. Batt insulation is included in this term.

(c) "Board insulation" means semirigid insulation preformed into rectangular units having a degree of suppleness, particularly related to their geometrical dimensions.

(d) "Building insulation" means a material, primarily designed to resist heat flow, which is installed between the conditioned volume of a building and adjacent unconditioned volumes or the outside. This term includes but is not limited to insulation products such as blanket, board, spray-in-place, and loose-fill that are used as ceiling, floor, foundation, and wall insulation.

(e) "Ceiling Insulation" means a material, primarily designed to resist heat flow, which is installed between the conditioned area of a building and an unconditioned attic as well as common ceiling floor assemblies between separately conditioned units in multi-unit structures. Where the conditioned area of a building extends to the roof, ceiling insulation includes such a material used between the underside and upperside of the roof.

(f) “Cellular polyisocyanurate insulation" means insulation produced principally by the polymerization of polymeric polyisocyanates, usually in the presence of polyhydroxl compounds with the addition of catalysts, cell stabilizers, and blowing agents.

(g) "Cellular polystyrene insulation" means an organic foam composed principally of polymerized styrene resin processed to form a homogenous rigid mass of cells.

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