[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: 40CFR256.31]

[Page 362-363]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 256--GUIDELINES FOR DEVELOPMENT AND IMPLEMENTATION OF STATE SOLID 
WASTE MANAGEMENT PLANS--Table of Contents
 
     Subpart D--Resource Conservation and Resource Recovery Programs
 
Sec. 256.31  Recommendations for developing and implementing resource 
conservation and recovery programs.

    (a) In order to encourage resource recovery and conservation, the 
State plan should provide for technical assistance, training, 
information development and dissemination, financial support programs, 
market studies and market development programs.
    (b) In order to comply with the requirement of Sec. 256.30(b) 
regarding long-term contract prohibitions, the State plan should provide 
for:
    (1) Review of existing State and local laws and regulations 
pertinent to contracting for resource recovery services or facilities.

[[Page 363]]

    (2) Reporting of all laws and regulations found to be in violation 
of this requirement to the executive officer of the administrative 
agency responsible for the statute.
    (3) Development of an administrative order or a revised law or 
regulation or any other preliminary step for the removal or amending of 
a law or regulation in violation of this requirement.
    (4) Development of a strategy for the consideration of the 
legislature to prohibit and/or remove from State or local law provisions 
in violation of this requirement.
    (c) The State plan should aid and encourage State procurement of 
products containing recovered materials in accord with section 6002 of 
the Act. To assist this effort, the State plan should provide for:
    (1) The development of a policy statement encouraging the 
procurement of recovered materials, wherever feasible;
    (2) The identification of the key purchasing agencies of the State, 
along with potential uses of recovered materials by these agencies; and,
    (3) The development of a plan of action to promote the use of 
recovered materials through executive order, legislative initiative, or 
other action that the State deems necessary.
    (d) In order to encourage resource recovery and conservation, the 
State plan should provide for the elimination, to the extent possible, 
of restrictions on the purchase of goods or services, especially 
negotiated procurements, for resource recovery facilities. This should 
include:
    (1) Review of existing State and local laws pertinent to the 
procurement of equipment and services for the design, construction and 
operation of resource recovery facilities;
    (2) Listing of all laws that limit the ability of localities to 
negotiate for the procurement of the design, construction, or operation 
of resource recovery facilities;
    (3) Development of administrative orders or legislation or other 
action that would eliminate these restrictions; and
    (4) Development of a strategy and plan of action for the 
consideration of the legislature for execution of administrative orders 
or other action that would eliminate these restrictions.
    (e) The State plan should encourage the development of resource 
recovery and resource conservation facilities and practices as the 
preferred means of solid waste management whenever technically and 
economically feasible. The State plan should provide for the following 
activities:
    (1) The composition of wastes should be analyzed with particular 
emphasis on recovery potential for material and energy, including fuel 
value, percentages of recoverable industrial wastes, grades of 
wastepaper, glass, and non-ferrous and ferrous metals.
    (2) Available and potential markets for recovered materials and 
energy should be identified, including markets for recoverable 
industrial wastes; wastepapers; ferrous and non-ferrous metals; glass; 
solid, liquid, or gaseous fuels; sludges; and tires. The following 
should be evaluated: location and transportation requirements, materials 
and energy specifications of user industries, minimum quantity 
requirements, pricing mechanisms and long-term contract availability.
    (3) Resource recovery feasibility studies should be conducted in 
regions of the State in which uses or markets for recovered materials or 
energy are identified. These studies should review various technological 
approaches, environmental considerations, institutional and financial 
constraints, and economic feasibility.
    (4) Source separation, recycling and resource conservation should be 
utilized whenever technically and economically feasible.
    (5) Mixed waste processing facilities for the recovery of energy and 
materials should be utilized whenever technically and economically 
feasible.
    (6) Source separation, resource conservation and mixed waste 
processing capacity should be combined to achieve the most effective 
resource conservation and economic balance.