[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR246.100]

[Page 333-334]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 246--SOURCE SEPARATION FOR MATERIALS RECOVERY GUIDELINES--Table of 
Contents
 
                      Subpart A--General Provisions
 
Sec. 246.100  Scope.


    (a) These guidelines are applicable to the source separation of 
residential, commercial, and institutional solid wastes. Explicitly 
excluded are mining, agricultural, and industrial solid wastes; 
hazardous wastes; sludges; construction and demolition wastes; 
infectious wastes; classified waste.
    (b) The ``Requirement'' sections contained herein delineate minimum 
actions for Federal agencies for the recovery of resources from solid 
waste through source separation. Pursuant to section 211 of the Solid 
Waste Disposal Act, as amended, and Executive Order 11752 section 4(a), 
the ``Requirement'' sections of these guidelines are mandatory for all 
Federal agencies that generate solid waste. In addition, they are 
recommended to State, interstate, regional, and local governments for 
use in their activities.
    (c) The ``Recommended Procedures'' sections are presented to suggest 
actions or preferred methods by which the objectives of the requirements 
can be realized. The ``Recommended Procedures'' are not mandatory for 
Federal agencies.
    (d) The Environmental Protection Agency will render technical 
assistance in the form of sample cost analysis formats, sample bid 
specifications, implementation guidance documents and other guidance to 
Federal agencies when requested to do so, pursuant to section 3(d)1 of 
Executive Order 11752.
    (e) Within one year after the effective date of these guidelines, 
agencies shall make a final determination as to what actions shall be 
taken to adopt the requirements of these guidelines and shall, within 
two months of such determination, submit to the Administrator a schedule 
of such actions.
    (f) Federal agencies that make the determination not to source 
separate as described in Secs. 246.200-1, 246.201-1, and 246.202-1, for 
whatever reason, shall make available to the Administrator the analysis 
and rationale used in making that determination. The Administrator shall 
publish notice of the availability of this report to the general public 
in the Federal Register. The following are considered to be valid 
reasons for not source separating under individual facts and 
circumstances: inability to sell the recovered materials due to lack of 
market, and costs so unreasonably high as to render source separation 
for materials recovery economically impracticable.
    (1) The following points are to be covered in the report:
    (i) A description of alternative actions considered with emphasis on 
those alternatives which involve source separation for materials 
recovery.

[[Page 334]]

    (ii) A description of ongoing actions which will be continued and 
new actions taken or proposed. This statement should identify all agency 
facilities which will be affected by these actions including a brief 
description of how such facilities will be affected.
    (iii) An analysis in support of the action chosen by the agency 
including technical data, market studies, and policy considerations used 
in arriving at such a determination.

In covering the points above, agencies should make every effort to 
present information succinctly in a form easily understood, but in 
sufficient detail so that the factors influencing the decision not to 
source separate for materials recovery are clear.
    (2) The above report shall be submitted to the Administrator as soon 
as possible after a final agency determination has been made not to 
adopt the requirements of these guidelines, but in no case later than 
sixty days after such final determination. The Administrator will 
indicate to the agency his concurrence/nonconcurrence with the agency's 
decision, including his reason therefor.
    (3) Implementation of actions that would preclude source separation 
for materials recovery shall be deferred, for sixty days where feasible, 
in order to give the Administrator an opportunity to receive, analyze 
and seek clarification of the above required report.
    (4) It is recommended that where the report required by 
Sec. 246.100(f) concerns an action for which an Environmental Impact 
Statement (EIS) is required by the National Environmental Policy Act, 
that the report be circulated together with the EIS.
    (g) The report required under Sec. 246.100(e) and (f) shall be made 
on forms to be prescribed by the Administrator by notice in the Federal 
Register.

[41 FR 16952, Apr. 23, 1976, as amended at 47 FR 36603, Aug. 20, 1982]