[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR256.31]



[Page 367-368]

 

                   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.

    (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



[[Page 368]]



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.