[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR23.402]

[Page 452-453]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 23_ ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY 
TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE--Table of Contents
 
                 Subpart 23.4_Use of Recovered Materials
 
Sec.  23.402  Authorities.

    (a) The Resource Conservation and Recovery Act of 1976 (RCRA), 42 
U.S.C. 6962, requires agencies responsible for drafting or reviewing 
specifications used in agency acquisitions to--
    (1) Eliminate from those specifications any requirement excluding 
the use of recovered materials or requiring products to be manufactured 
from virgin materials; and
    (2) Require, for EPA-designated products, using recovered materials 
to the maximum extent practicable without jeopardizing the intended end 
use of the item.
    (b) RCRA also requires--
    (1) EPA to prepare guidelines on the availability, sources, and 
potential uses of recovered materials and associated products, including 
solid waste management services; and

[[Page 453]]

    (2) Agencies to develop and implement affirmative procurement 
programs for EPA-designated products within 1 year after EPA's 
designation.
    (c) Executive Order 13101 requires that the agency head--
    (1) Work to increase and expand markets for recovered materials 
through greater Government preference and demand for such products 
consistent with the demands of efficiency and cost-effectiveness; and
    (2) Develop and implement affirmative procurement programs in 
accordance with direction in RCRA and the Executive order.

[65 FR 36019, June 6, 2000]