Resource Conservation and Recovery Act

Amend the Resource Conservation and Recovery Act (RCRA) to clarify
procurement issues that impede achievement of its procurement
objectives.

The Resource Conservation and Recovery Act should be amended to:

-- Delete statutory definitions of recovered material and task EPA to
establish mechanisms for the coordination of interagency and industry
strategies for maximizing the use of products containing recovered
materials. In addition, EPA should develop consensus objectives and
terminology that will be more compatible with that used at the state and
local government level and in private industry.

-- Establish a threshold for application of affirmative procurement
program requirements to individual contracts that is tied to the
proposed $100,000 simplified acquisition threshold.

-- Eliminate the statutory requirement for vendor certification and
provision of estimates.

-- Permit agencies other than DOD and GSA to retain and use funds
generated from the sale of materials for recycling.7

Congress should permit EPA and other agencies to determine the best
strategy for acquiring the product, as well as the best approach for
ensuring compliance with contract requirements.  Congress should also
consider the necessity for EPA to issue guidelines. As an alternative to
the guideline approach, Congress should consider giving agency heads the
responsibility and accountability for procuring environmentally
preferable products consistent with the demands for efficiency and
costeffectiveness.

Endnote

7. Public Law 102486, General Services Administration and 10 U.S.C.
2577, Department of Defense.