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Federal
Agency Recycling and the Council on Federal Recycling and Procurement
Policy Federal Register
Vol. 56, No. 213
Monday, November 4, 1991
Presidential Documents WHEREAS, this Administration is determined to secure for future
generations of Americans their rightful share of our Nation's natural
resources, as well as a clean and healthful environment in which to enjoy
them; and WHEREAS, two goals of the Administration's environmental policy,
cost-effective pollution prevention and the conservation of natural resources,
can be significantly advanced by reducing waste and recycling the resources
used by this generation of Americans' and WHEREAS, the Federal Government, as one of the Nation's largest
generators of solid waste, is able through cost effective waste reduction
and recycling resources to conserve local government disposal capacity;
and WHEREAS, the Federal Government, as the Nation's largest single
consumer is able through affirmative procurement practices to encourage
the development of economically efficient markets for products manufactured
with recycled materials; NOW, THEREFORE, I, GEORGE BUSH, by
the authority vested in me as President by the Constitution and the
laws of the United States of
America, including the Solid Waste Disposal Act, Public Law 89-272, 79
Stat. 997, as amended by the Resource Conservation and Recovery Act ("RCRA"),
Public Law 94-580, 90 Stat. 2795 (1976), hereby order as follows: Part 1: Preamble Section 101. The purpose of this Executive order is to:
- Require that Federal agencies promote cost-effective waste reduction
and recycling of reusable materials from wastes generated by Federal
Government activities.
- Encourage economically efficient market demand for designated items
produced using recovered materials by directing the immediate implementation
of cost-effective Federal procurement preference programs favoring
the purchase of such items.
- Provide a forum for the development and study of policy options and
procurement practices that will promote environmentally sound and economically
efficient waste reduction and recycling of our Nation's resources.
- Integrate cost-effective waste reduction and recycling programs into
all Federal agency waste management programs in order to assist in
addressing the Nation's solid waste disposal problems.
- Establish Federal Government leadership in addressing the need for
efficient State and local solid waste management through implementation
of environmentally sound and economically efficient recycling.
Sec. 102. Consistent with section 6002(c)(1) of RCRA (42 U.S.C.
6962(c)(1)), activities and operations of the executive branch shall be
conducted in an environmentally responsible manner, and waste reduction
and recycling opportunities shall be utilized to the maximum extent practicable,
consistent with economic efficiency.
Sec. 103. Consistent with section 6002(c)(2) of RCRA (42 U.S.C.
6962(c)(2)), agencies that generate energy from fossil fuel in systems
that have the technicalcapacity of using energy or fuels derived from
solid waste as a primary or supplementary fuel shall use such capability
to the maximum extent practicable.
Part 2: Definitions
For purposes of this order:
Sec. 201. "Federal agency" means any department, agency,
or other instrumentality of the executive branch.
Sec. 202. "Procurement" and "acquisition" are
sued interchangeably to refer to the processes through which Federal
agencies purchase products.
Sec. 203. "Recovered materials" is used as defined
in section 1004(19) and 6002(h) of the Resource Conservation and Recovery
Act (42 U.S.C. 6903(19) and 6962(h)), as amended.
Sec 204. "Recycling" means the diversion of materials
from the solid waste stream and the beneficial use of such materials.
Recycling is further defined as the result of a series of activities
by which materials that would become or otherwise remain waste, are
diverted from the solid waste stream by collection, separation processing
and
are used as raw materials in the manufacture of goods sold or distributed
in commerce or the reuse of such materials as substitutes for goods
made of virgin materials.
Sec. 205. "Waste reduction" means any change in a process,
operation, or activity that results in the economically efficient reduction
in waste material per unit of production without reducing the value
output of the process, operation, or activity, taking into account the
health
and environmental consequences of such change.
Part 3: Solid Waste Recycling Programs
Sec. 301. Recycling Programs. Each Federal agency that has not
already done so shall initiate a program to promote cost-effective waste
reduction and recycling of reusable materials in all of its operations
and facilities. These programs shall foster:
- practices that reduce waste generation, and
- the recycling of recyclable materials such as paper, plastic, metals,
glass, used oil, lead acid batteries, and tires and the composting
of organic materials such as yard waste.
The recycling programs implemented pursuant to this section must be compatible
with applicable State and local recycling requirements.
Sec. 302. Contractor Operated Facilities. Every contract that
provides for contractor operation of a Government-owned or leased facility,
awarded more than 210 days after the effective date of this Executive
order, shall include provisions that obligate the contractor to comply
with the requirements of this Part as fully as though the contractor
were a Federal agency.
Part 4: Voluntary Standards
Sec. 401. Amendment of OMB Circular No. A-119. The Director of
the Office of Management and Budget ("OMB") shall amend, as
appropriate, OMB Circular No. A-119, "Federal Participation in the
Development and Use of Voluntary Standards," to encourage Federal
agencies to participate in the development of environmentally sound
and economically efficient standards and to encourage Federal agency
use
of such standards.
Part 5: Procurement of Recovered Materials
Sec. 501. Adoption of Affirmative Procurement Programs. Within
180 days after the effective date of this order, each Federal agency
shall provide a report to the Administrator of the Environmental Protection
Agency regarding the Agency's adoption of an affirmative procurement
program; such programs are required by section 6002(i) of RCRA (42 U.S.C.
6962(i)). Within 1 year of the issuance of this order, the Administrator
of the Environmental Protection Agency shall report to the President
regarding the compliance of each Federal agency with this requirement.
Sec. 502. Annual Review of Affirmative Procurement Programs. In
accordance with section 6002(i) of RCRA (42 U.S.C. 6962(i)), each Federal
agency shall review annually the effectiveness of its affirmative procurement
program and shall provide a report regarding its findings to the Environmental
Protection Agency and to the Office of Federal Procurement Policy, beginning
with a report covering fiscal year 1992. Such report shall be transmitted
by December 15 each year. Reports required by this section shall be made
available to the public.
Part 6: Recycling Coordinators and the Council on Federal Recycling
and Procurement Policy
Sec. 601. Federal Recycling Coordinator. Within 90 days after
the effective date of this order, the head of each Federal agency shall
designate an agency employee to serve as Agency Recycling Coordinator.
The Federal Recycling Coordinator shall review and report annually to
OMB, at the time of agency budget submissions, the actions taken by the
agencies to comply with the requirements of this order.
Sec. 602. Designation of Recycling Coordinators. Within 90 days
after the effective date of this order, the head of each Federal agency
shall designate an agency employee to serve as Agency Recycling Coordinator.
The Agency Recycling Coordinator shall be responsible for:
- coordinating the development of an effective agency waste reduction
and recycling program that complies with the comprehensive implementation
plan developed by the Council on Federal Recycling and Procurement
Policy;
- coordinating agency action to develop benefits, costs, and savings
data measuring the effectiveness of the agency program; and
- coordinating the development of agency reports required by this Executive
order and providing copies of such reports to the Environmental Protection
Agency.
Sec. 603. The Council on Federal Recycling and Procurement Policy.
- A Council on Federal recycling and Procurement Policy is hereby established.
It shall comprise the Federal Recycling coordinator, the Chairman of
the Council on Environmental Quality, the Administrator of the Office
of Federal Procurement Policy, and the Agency Recycling Coordinator
and the Procurement Executive of each of the following agencies: the
Environmental Protection Agency, the Department of Defense, the General
Service Administration, the National Aeronautics and Space Administration,
the Department of Energy, the Department of Commerce, and the Department
of the Interior. The Federal Recycling coordinator shall serve as Chair
of the Council.
- Duties. The Council on Federal Recycling and Procurement Policy shall:
- identify and recommend, to OMB, initiatives that will promote the purposes
of this order, including:
- the development of appropriate incentives to encourage
the economically efficient acquisition by the Federal Government
of products that reduce waste and of products produced with
recycled materials;
- the development of appropriate incentives to encourage
active participation in economically efficient Federal waste
reduction and recycling programs; and
- the development of guidelines for cost-effective waste
reduction and recycling activities by Federal agencies;
- review Federal agency specifications and standards and recommend changes
that will enhance Federal procurement of products made from recycled
and recyclable materials, taking into account the costs and the performance
requirements of each agency;
- collect and disseminate Federal agencies' information concerning methods
to reduce wastes, types of materials that can be recycled, the costs
and savings associated with recycling, and the current market sources
and prices of products that reduce waste and of products produced with
recycled materials;
- assist the development of cost-effective waste reduction and recycling
programs pursuant to this order by developing guidelines for agency waste
reduction and recycling programs and by identifying long-range goals
for Federal waste reduction and recycling programs;
- provide meaningful data to measure the effectiveness and progress of
Federal waste reduction and recycling programs;
- provide guidance and assistance to the Agency Recycling Coordinators
in setting up and reporting on agency programs; and
- review Federal agency compliance with section 103 of this order.
Part 7: Limitation Sec. 701. This order is intended only to improve the internal
management of the executive branch and shall not be interpreted to create
any right or benefit, substantive or procedural, enforceable at law by
a party against the United States, its officers, or any other person. Sec. 702. Section 502 and Part 6 of this order shall be effective
for 5 years only, beginning on the effective date of this order. Sec. 703. This order shall be effective immediately. [Signed] George Bush The White House
October 31, 1991.
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