A Guide to

Implementing

Executive Order

13101

Revised February 2001

White House 

Task Force on Recycling
Message from the Vice President
Foreword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Part 1-Preamble. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Part 2-Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Other Pertinent Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Acronyms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Part 3 -The Roles and Duties of the Steering Committee, Federal 

Environmental Executive, Task Force, and Agency Environment Executives . . . . . . . . . . . . 14

Steering Committee Message . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

The Role of The Steering Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Federal Environmental Executive. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Task Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Agency Environmental Executives. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Part 4-Acquisition Planning, Affirmative Procurement 

Programs, and Federal Facility Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Acquisition Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Affirmative Procurement Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

Federal Facility Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

Part 5-Standards, Specifications, Designation of Items. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

Specifications, Product Descriptions, and Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

Designation of Items Containing Recovered Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

Guidance for Environmentally Preferable Products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

Designation of Biobased Items by USDA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

Minimum Content Standard for Printing and Writing Paper. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

Revision of Brightness Specifications and Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58

Procurement of Re-refined Lubricating Oil and Retread Tires. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59

i

GREENING THE GOVERNMENT

CLOSING THE CIRCLE

Table of Contents
Part 6-Agency Goals and Reporting Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67

Goals for Waste Reduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67

Part 7-Applicability and Other Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

Contractor Applicability/Contractor Operated Facilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

Real Property Acquisition and Management. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

Retention of Funds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

Model Facility Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75

Recycling Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78

Review of Implementation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82

Part 8 - Awareness. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83

Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83

Agency Awards Program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86

White House Awards Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87

Appendix A Executive Order 13101 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90

Appendix B Agency Environmental Executives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100

Appendix C Green Product Information Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103

Appendix D Where Can Agencies Buy Recycled Content Products? . . . . . . . . . . . . . . . . . . 108

Appendix E Big Three U.S. Automobile Manufacturers and Re-refined Oil . . . . . . . . . . . . 111

Appendix F Changes to the Federal Acquisition Regulation . . . . . . . . . . . . . . . . . . . . . . . . . 115

Appendix G Description of the Model Affirmative Procurement Program . . . . . . . . . . . . . 120

Appendix H Frequently Asked Questions About RCRA

Section 6002 and EPA’ s Comprehensive Procurement Guideline . . . . . . . . . . . . . . . . . . . . . 121

Appendix I Federal Trade Commission Guides for Green Advertising . . . . . . . . . . . . . . . . 128

Appendix J America Recycles Day. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141

Appendix K Federal Facilities Compliance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143

Appendix L USDA’s Biobased List. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167

Appendix M Federal Guidance on Environmentally Preferable Purchasing . . . . . . . . . . . . 184

Appendix N 1999 White House Closing the Circle Award Winners . . . . . . . . . . . . . . . . . . . 219

ii

Table of Contents
GREENING THE GOVERNMENT

CLOSING THE CIRCLE

FOREWORD

The Federal government has the obligation to protect the health and welfare of

the American people and our economy.

It is widely recognized that to fulfill these obligations we must preserve and protect the environmental and natural resources of this country.

As Federal employees we must continually

strive to find new and better ways to provide

these protections to each American citizen. In

blazing a path to address these responsibilities,

the Federal government has pledged to lead in

pollution prevention, recycling and waste prevention, affirmative procurement, environmentally preferable products and services, energy

and water use reduction, and environmental

management. Executive Order 13101, along

with a number of laws, executive orders, agency

directives, policies, and mission statements

incorporate these very elements. To assist in the

understanding of the interdependencies of

Executive Order 13101 and other Federal policies, a synopsis of pertinent information is provided in this document to further illuminate the

many facets of the Administration’s plan to provide environmental protection and insure the

health of the American people and the economy.

Pollution Prevention—It is the national policy

that, whenever feasible, pollution should be prevented or reduced at the source. Pollution

which cannot be prevented should be recycled

in an environmentally safe manner. Pollution

which cannot be prevented or recycled should

be treated in an environmentally safe manner.

Further, disposal into the environment should

be a last resort and conducted in an environmentally safe manner. 

The U.S. Government’s general pollution prevention policy should be achieved through

“source reduction” and other practices reducing

or eliminating pollutant creation through

increased efficiency in the use of raw materials,

energy, water, or other resources, or through

protection of natural resources by conservation.

The Federal government has set a goal for

reducing toxic chemical releases into the environment from Federal facilities by 50% by the

year 2000. To implement this and other pollution prevention goals, Federal agencies are

required to prepare pollution prevention strategies. More than 5000 Federal facilities across

the Nation and around the world have prepared

pollution prevention plans to implement these

policies at the field level. 

Recycling and Waste Prevention—The Federal

government has established goals and policies

for reducing solid waste and using recycled

products at Federal facilities. The policies establish a clear linkage between programs to collect

and supply materials for recycling and the need

to design efficient and effective programs to

procure products derived from recovered materials. In action, these policies conserve natural

resources and energy, and reduce the need to

dispose of waste materials. 

Affirmative Procurement—Through its purchasing decisions, the Federal government has the

opportunity to recognize and affirm environmental policies and goals and stimulate markets

1

The environmental review process established

under the National Environmental Policy Act (NEPA)

ensures against potential adverse impacts of proposed Government activities by requiring that alternatives be fully considered for any proposed action

by the Federal Government. This policy is established in the Pollution Prevention Act of 1990, supported by NEPA, and reinforced by Executive Order

12856, “Federal Compliance With Right-to-Know

Laws and Pollution Prevention Requirements.”
for environmentally preferable products and

services. Currently, products that can be made

with recovered materials are designated by the

Environmental Protection Agency (EPA) and

procuring agencies purchase those products

with the highest recovered material level practicable. To date, 54 items have been designated as

containing recovered materials. Further, 20 government agencies have prepared “Affirmative

Procurement Programs” outlining agency plans

for implementing this policy. To assure this happens, each Federal agency has appointed an

Agency Environmental Executive (AEE) responsible for implementing this policy.

Environmentally Preferable Products and

Services—In an effort to broaden the environmental perspective on products and services

provided to the government, the EPA has initiated a program to have the Federal government

purchase Environmentally Preferable ProductsEPP (i.e.,” those products having lesser or

reduced impacts on human health and the environment when compared to competing products

or services” 1 that serve the same purpose). This

program is designed to analyze multiple and

varied environmental characteristics associated

with a product or service in purchasing decisions. This program reflects the Federal

Government’s desire to shift from single evaluations (e.g,. impacts to only air quality) to a

multi-media approach. As a first step towards

encouraging EPP purchases by the Government,

the EPA recently issued Final Guidance on

Environmentally Preferable Purchasing. (See

Appendix M for details.) 

Energy and Water Use Reduction—Recognizing

the significant environmental and economic

benefits accompanying energy and water use

reduction, the Federal Government is actively

promoting reduced energy and water consumption and increased water and energy efficiency

at Federal facilities. On June 3, 1999 the

President issued E.O. 13123, Greening the

Government Through Efficient Energy

Management. In E.O. 13123, the Federal

Government has set a goal to reduce greenhouse gas emissions attributed to Federal energy consumption by 30 percent by 2010 and to

reduce energy consumption in Federal facilities

by 30 percent by 2005. The Energy E.O. also

requires the Federal Government to purchase

life-cycle, cost-efficient computer equipment.

Many Federal facilities are instituting comprehensive energy and water audits and implementing environmentally beneficial landscaping

practices. 

Other Activities—The U.S. Government has

incorporated into agency operating policies

other environmentally beneficial objectives.

Presidential Executive Orders that promote

these objectives include: 

2

Foreword

Each of these efforts is supported by the Federal

Energy Management Program (FEMP) in the U.S.

Department of Energy (DOE). This policy is established in the Energy Policy Act of 1992 and is supplemented by Executive Order 13123 as well as the

Executive Memorandum on Environmentally and

Economically Beneficial Practices on Federal

Landscaped Grounds. Moreover, a new Executive

Order, Developing and Promoting Biobased

Products and Bioenergy, will lead to an expanding

array of new environmentally friendly products and

processes. 

This Comprehensive Procurement Guidelines (CPG)

policy is contained in the Resource Conservation

and Recovery Act (RCRA) and is supported by

Executive Order 13101, Greening the Government

Through Waste Prevention, Recycling and Federal

Acquisition. (See Appendix A for full text of

Executive Order 13101 and Appendix B for a list of

Agency Environmental Executives.)

1 As defined by E.O. 13101 and EPA’s EPP Guidelines.
E.O. 12843, Procurement Requirements and

Policies for Federal Agencies for OzoneDepleting Substances, mandates that agencies

implement cost-effective programs to modify

specifications and contracts that require the use

of ozone-depleting substances and to substitute

non-ozone depleting substances to the extent

economically practicable.

E.O. 13031, Federal Alternative Fueled Vehicle

Leadership, commits the Federal government to

exercise leadership in the use and buying of

energy-efficient alternative fueled vehicles.

E.O. 13134, Developing and Promoting

Biobased Products and Bioenergy, commits the

Federal government to increased research,

development, and promotion of biobased products and bioenergy.

E.O. 12969, Federal Acquisition and Community

Right-to-Know, requires Federal agencies, to the

greatest extent practicable, to contract with companies that report in a public manner on toxic

chemicals released to the environment. This

E.O. declares that the government will purchase

supplies and services that have been produced

with a minimum adverse impact on community

health and the environment. 

Executive agencies are currently reviewing and

revising government specifications and standards for products and services to identify

opportunities to eliminate or reduce environmentally harmful materials and substances and

include other descriptive factors, such as recovered material content. Additionally, the U.S.

government actively supports the development

of new, cost effective, innovative products and

technologies that are more environmentally

sound than current technologies. The Federal

government is also encouraged to incorporate

environmentally sound principles, such as “life

cycle cost analysis” and “total cost accounting”

into the planning stages for projects designed to

meet the goals and polices delineated in various

environmental executive orders and national

policies. The National Institute of Standards

and Technology (NIST) has developed new

decision-support software to conduct such

analysis called Building for Environmental and

Economic Sustainability (BEES). For more information contact Barbara Lippiatt (301)975-6133,

The web site is www.whatchamacallit.com.

These tools consider the full environmental cost

of products and services purchased by the government beginning with the impacts of initial

resource recovery to the ultimate disposal of the

product. The incorporation of environmentally

sound principles is included in all of the environmental executive orders as well as various

Government-wide directives and agency-specific policy documents.

Community Right-to-Know—The Federal government implements “Community Right-ToKnow policies ensuring that all government

installations serve as good neighbors to the citizens and communities surrounding those facilities. To protect the public in the event of an accidental release of hazardous chemical substances

in the community, Federal facilities work with

local governments on emergency planning and

preparedness. Federal facilities also publicly

provide information to the community regarding potentially hazardous chemicals and substances at facilities. The Federal government

requires that those entities provide a service or

product to certify compliance with community

right-to-know requirements. 

Environmental Management—Many agencies

have elected to organize their environmental

and public health responsibilities under an

umbrella policy and management system routinely called Environmental Management. This

system aims to insure that environmental and

public health considerations are addressed and

incorporated into the day to day activities of the

agency in carrying out their assigned mission.

The system examines prospective actions by the

agency and provides an analysis of possible

impacts to the environment or human health.

The agency is then able to take the appropriate

actions to prevent those activities which may

3

Foreword
cause harm or damage the environment or jeopardize the quality of human health. 

The Code of Environmental Management

Principles for Federal Agencies (CEMP), developed by EPA in response to Executive Order

12856, was produced to ensure consistent implementation of environmental management systems across the Federal government. The

CEMP was formulated through the Interagency

Pollution Prevention Task Force in which sixteen Federal agencies participated in the process

of creating the CEMP. The five broad principles

contained within the CEMP are: (1) management commitment, (2) compliance assurance

and pollution prevention, (3) enabling systems,

(4) performance and accountability, and (5) measurement and improvement. Adherence to

these principles will help assure environmental

performance that is pro-active, flexible, cost

effective, integrated, and sustainable.

In March 1997, EPA published the

Implementation Guide for the CEMP. The

guide may be found on EPA’s web page under

the Office of Enforcement and Compliance

Assurance.

4

Foreword
The Foreword addressed the universe of

Federal policies and programs in place

for the government to do its part in protecting the environment. The White House Task

Force on Greening the Government Through

Waste Prevention and Recycling prepared this

document to familiarize Federal agency personnel with Executive Order 13101 and to help

them understand its intent. By providing a

straight-forward explanation of the requirements of the new order and information on the

best ways to comply with it, this document is

intended to help Federal employees do what

E.O. 13101 has directed. 

Since passage of the Resource Conservation and

Recovery Act (RCRA) in 1976, the Federal

Government has had a mandate to “Buy

Recycled.” We have had some successes. More

can be done. Executive Order 13101 reaffirms

the Federal government’s commitment to buy

recycled. This users’ guide will clearly lay out

the linkages among the acquisition, recycling,

and waste prevention activities mandated by

law and the executive order. It includes guidance on the prevention of waste wherever practical, the recycling of materials whenever possible, and finally the acquisition by the Federal

government of goods manufactured from recycled materials or the purchase of green services.

Debunking the Myths— “Buying recycled” and

reducing waste are not only required by law

and E.O. 13101, but are sound business practices. There are three common myths surrounding the purchase of recycled products. One

myth about recycled products is that they are

inferior (performance). Most recycled products

meet the same technical and quality specifications as their virgin counterparts and may provide superior characteristics. Another dispelled

myth is that recycled products cost more (price).

This myth has been perpetuated because at one

time recycled products did cost more. However,

today many recycled products, such as paper,

are cheaper than virgin products. And in most

cases the products are at least priced competitively. The final myth to be de-bunked is that

recycled products are not readily available

(availability). That also used to be the case, but

no more. American industry has responded to

the demand and retooled to utilize recycled feed

stocks, and in some cases, have re-engineered

products to be readily recycled. Every day

more and more products from recycled materials are being made available in ever greater

quantities. Price and availability are interconnected. If not enough people buy the products,

5

GREENING THE GOVERNMENT

CLOSING THE CIRCLE

INTRODUCTION

The purpose of this guide is to describe not only requirements in law (RCRA) and in E.O. 13101, 

but also the benefits to those achieving compliance. The audience for this document includes 

not only Federal agencies, but state and local governments using Federal funds and 

contractors who manage government facilities. Within these Federal agencies, those who will 

find this guidance most useful include: the Agency Environmental Executive (AEE), 

recycling and facilities managers, agency supply personnel, specification writers, 

purchasing officials, contracting officials, and product users. This guide is designed 

to correspond to the various sections and requirements of E.O. 13101. Each chapter 

provides a section of the order in italics followed by systematic guidance on implementing 

that portion of the order and examples.
the fewer that are produced and the more each

unit will cost. It’s simple economics. 

There are a number of direct reasons why

procuring agencies should reduce waste and/or

buy recycled products:

Saving Money — In the long run, buying recycled, recyclable, and waste-reduced products

can reduce government costs, especially if lifecycle methodologies are employed to analyze

true government costs, especially waste management.

Creating Jobs and Economic Development

Opportunities — To maintain and expand recycling industries, end markets for recycled products need to continue to grow. Recent studies of

employment in northeast and southern states,

bolstered by studies of the re-manufacturing

industry, indicate that recycling activities

employ more than 2.5 percent of the manufacturing workers in America. Applying these

studies to the entire nation, recycling and remanufacturing activities account for approximately one million manufacturing jobs and

more than $100 billion in revenue. 

Conserving Resources and Energy — Buying

recycled products and reducing waste reduces

dependence on virgin materials and saves energy. The extraction and processing of raw materials into manufacturing feed stocks are some of

the most energy-intensive activities of industry.

In 1996, recycling resulted in an annual energy

savings of at least 408 trillion British Thermal

Units (Btus), equal to the amount of energy

used in four million households annually. In

2005, recycling is conservatively projected to

save 605 trillion Btus, equal to the yearly energy

used in six million households.

Creating New Markets — Buying recycled

products helps create and strengthen long-term,

stable markets for recyclable materials and

helps improve revenues from recycling programs. The vast supply of dependable low-cost

materials from community collection programs

has spurred many businesses to develop new

and innovative technologies and products

which leads to competition and better products.

Reducing the Amount of Recyclable Materials

Going to Disposal — Recycled content products

create markets, further stimulating recovery of

under-utilized materials and decreasing the

amount of material being disposed in landfills

and combustion facilities. In 1996, recycling

and composting diverted a total of 130 million

cubic yards of material away from landfills. In

2005, the projected diversion will be 195 million

cubic yards. To handle this much additional

waste-the situation we would have faced without recycling-we would have needed 64 more

landfills, each of them large enough to serve the

combined city populations of Dallas and

Detroit, to be opened in our communities in

1996. Similarly, without recycling, we would

need 92 such landfills in 2005.

Preventing Other Kinds of Pollution — Many

pollutants are released by the extraction and

processing of raw materials. Some of these pollutants are known to be carcinogenic or toxic to

humans, and some have effects, such as creating

acid rain, which are damaging to natural habitats. In addition, for many new and high-volume usage chemicals, the long-term effects are

unknown. Extensive life-cycle analyses find

overall emissions to all environmental media to

be lower when we used recovered rather than

virgin materials. Recycling is a highly effective

strategy for reducing all the categories of health

risks and pollution resulting from virgin material extraction and processing.

There are also a number of indirect reasons why

government facilities should reduce wastes and

buy green products and services.

Convincing Manufacturers to Use More

Recovered Materials — In order to use recovered materials, manufacturers must invest substantial capital in processing and other equipment. To support the investments, there must be

a demand for the finished recycled content

products. Federal buying of recycled content

6

Introduction
products helps create that demand. Manufacturing is driven by the marketplace. If a demand

exists for recycled content products, manufacturers will make those products. It’s as simple

as that. Without sufficient economic incentive,

manufacturers may not invest in recycling, even

if it is the “right thing to do.” The marketplace

potential for recycled goods is expanding rapidly. More and more products made from recycled

material are available. The most immediate

recycling challenge today is to educate consumers about the benefits of buying recycled

and change consumer buying habits, especially

those of large institutional buyers. And the

Federal Government is the largest buyer of all!

Providing a Pro-active Rather Than a Reactive

Approach to the Waste Management Problem —

Pro-actively establishing “Buy Recycled” programs allows government agencies to design

programs that meet their specific needs.

Setting an Example for the Private Sector —

Since government spending at all levels represents 20 percent of the Gross National Product

(GNP), government agencies can lead the “Buy

Recycled” effort by setting an example for the

private sector. Public agencies can also demonstrate product performance and exhibit leadership in developing product specifications.

Enhancing an Organization’s Image — Buying

recycled products can foster goodwill among

employees and citizens. In other words, buying

recycled, recyclable, and waste-reduced products is a win-win proposition for the government, the taxpayers, and for the nation as we

conserve and use our natural resources wisely.

For Our Children’s Future — As we enter the

21st century, the earth’s natural resources are

not limitless. Even renewable resources are

available only up to a limited annual capacity.

Action needs to be taken today to maximize the

many economic, environmental, and societal

benefits that recycling provides. If we work

together now we can ensure that our children

and their children will enjoy a material and

environmental quality of life even better than

our own.

For more information about the benefits of recycling check out the brochure “Recycling for the

future...Consider the benefits” at www.ofee.gov.

7

Introduction
Sec. 101. Consistent with the demands of efficiency and cost effectiveness, the head of each

Executive agency shall incorporate waste prevention and recycling in the agency’s daily

operations and work to increase and expand

markets for recovered materials through greater

Federal Government preference and demand for

such products. It is the national policy to prefer

pollution prevention whenever feasible.

Pollution that cannot be prevented should be

recycled; pollution that cannot be prevented or

recycled should be treated in an environmentally safe manner. Disposal should be employed

only as a last resort.

On September 14, 1998, the President signed

Executive Order (E.O.) 13101, “Greening the

Government Through Waste Prevention,

Recycling, and Federal Acquisition” (Appendix

A). This order strengthens and expands the

Federal government’s commitment to recycling,

waste prevention, and buying recycled content

and environmentally preferable products and

services, and replaces E.O. 12873. E.O. 13101

takes the next giant step to continue Federal

leadership in helping to develop markets for

recovered materials through Federal purchasing.

The E.O. reaffirms that it is the national policy

to prevent pollution whenever feasible.

Pollution which cannot be prevented should be

recycled. Pollution that cannot be prevented or

recycled should be treated in an environmentally safe manner. Further, disposal should be

employed only as a last resort. Please refer to

the foreword for a discussion of this national

policy. Pollution prevention has many aspects; it

is more than hazardous materials minimization.

It is also solid waste reduction and recycling.

This E.O. addresses the latter and requires that

each Federal agency incorporate waste prevention and recycling into their daily operations. 

Legislation and Presidential direction requiring

the purchase of recycled content products has

been evolving since 1976, when Congress established a buy recycled policy (RCRA Sec. 6002; 42

U.S.C. 6962). E.O. 12873, Federal Acquisition,

Recycling, and Waste Prevention, issued in

October 1993, fostered the Federal response to

existing RCRA mandates to reduce solid waste,

build markets for recycled content products,

encourage new technologies, and protect the

environment by increasing purchases of recycled content products. Since the signing of E.O.

12873, the Federal government has more than

quadrupled its purchases of recycled paper and

increased purchases of other recycled content

products. In 1986, only 13 states and a handful

of local governments had buy recycled laws.

Now, all 50 states, the District of Columbia, and

hundreds of local governments have established legal requirements to purchase recycled

content products. Additionally, more than 3,000

businesses, organizations, and associations

across the country have made a significant environmental impact by increasing their purchases

of recycled content products and materials.

Sec. 102. Consistent with policies established by

the Office of Federal Procurement Policy

(OFPP) Policy Letter 92-4, agencies shall comply with executive branch policies for the acquisition and use of environmentally preferable

products and services and implement cost-effective procurement preference programs favoring

the purchase of these products and services.

The E.O. requires that each Federal agency

establish cost effective procurement preference

programs consistent with the OFPP Policy

Letter 92-4 for environmentally preferable products and services. OFPP Policy Letter 92-4,

Procurement of Environmentally-Sound and

Energy-Efficient Products and Services

(Appendix F), clearly reflects the Federal gov8

GREENING THE GOVERNMENT

CLOSING THE CIRCLE

Part 1 Preamble
ernment’s preference for the acquisition of environmentally preferable products and services

and establishes an affirmative procurement program favoring items containing the maximum

practicable content of recovered materials. This

language has also been incorporated into the

Federal Acquisition Regulation (FAR). Please

see appendix F for more information on these

two policies.

Sec. 103. This order creates a Steering

Committee, a Federal Environmental Executive

(FEE) and a Task Force, and establishes Agency

Environmental Executive (AEE) positions within each agency, to be responsible for ensuring

the implementation of this order. The FEE,

AEEs, and members of the Steering Committee

and Task Force shall be full-time Federal

Government employees.

A new provision of E.O. 13101 establishes a

White House Steering Committee and White

House Task Force on Greening the Government

Through Waste Prevention and Recycling. The

E.O. further builds on the position of the

Federal Environmental Executive (FEE) and

Agency Environmental Executives (AEEs) established by E.O. 12873. Additional information on

the FEE, the White House Steering Committee,

the White House Task Force, and AEEs is provided in part three of this document. 

9

Throughout this document you will see this symbol showing excellent examples of 

recycling, waste prevention, and/or affirmative procurement programs. These programs are 

all winners of the White House Closing the Circle Award. (See part eight for more details)

Part 1- Preamble
10

GREENING THE GOVERNMENT

CLOSING THE CIRCLE

Part 2 Definitions

For Purposes of this order:

Sec. 201. “Environmentally preferable” means

products or services that have a lesser or reduced

effect on human health and the environment when

compared with competing products or services

that serve the same purpose. This comparison may

consider raw materials acquisition, production,

manufacturing, packaging, distribution, reuse,

operation, maintenance, or disposal of the product

or service.

Sec. 202. “Executive agency” or “agency” means an

executive agency as defined in 5 U.S.C. 105. For the

purpose of this order, military departments, as

defined in 5 U.S.C. 102, are covered under the auspices of the Department of Defense.

Sec. 203. “Postconsumer material” means a material or finished product that has served its intended

use and has been discarded for disposal or recovery, having completed its life as a consumer item.

“Postconsumer material” is a part of the broader

category of “recovered material”.

Sec. 204. “Acquisition” means the acquiring by

contract with appropriated funds for supplies or

services (including construction) by and for the use

of the Federal Government through purchase or

lease, whether the supplies or services are already

in existence or must be created, developed, or

demonstrated and evaluated. Acquisition begins at

the point when agency needs are established and

includes the description of requirements to satisfy

agency needs, solicitation and selection of sources,

award of contracts, contract financing, contract

performance, contract administration, and those

technical and management functions directly

related to the process of fulfilling agency needs by

contract.1 

Sec. 205. “Recovered materials” means waste

materials and by-products which have been recovered or diverted from solid waste, but such term

does not include those materials and by-products

generated from, and commonly reused within, an

original manufacturing process (42 U.S.C. 6903

(19)).

Sec. 206. “Recyclability” means the ability of a

product or material to be recovered from, or otherwise diverted from, the solid waste stream for the

purpose of recycling.

Sec. 207. “Recycling” means the series of activities,

including collection, separation, and processing, by

which products or other materials are recovered

from the solid waste stream for use in the form of

raw materials in the manufacture of new products

other than fuel for producing heat or power by

combustion.

Sec. 208. “Waste prevention” means any change in

the design, manufacturing, purchase, or use of

materials or products (including packaging) to

reduce their amount or toxicity before they are discarded. Waste prevention also refers to the reuse of

products or materials.

Sec. 209. “Waste reduction” means preventing or

1While not specifically stated in the Executive Order, the term “acquisition” is intended to include the requisition process Federal activities use to obtain products from established supply sources (e.g., The Defense Logistics Agency (DLA) and General Services

Administration (GSA). The use of terms relative to procurement and purchasing should not be construed to mean the requirements of

this Executive Order and various environmental laws, regulations, and other orders are not applicable to the supply community. The

term acquisition, in its broad definition, encompasses all means of obtaining products or services. The Federal Property Management

Regulations (FPMRs) contain guidance for the sequence of sources to be checked to satisfy requirements. It has never been the intention

of any of the environmental laws, orders, etc., to circumvent the FPMRs and lay the responsibility of compliance solely on contracting

officers. Everyone involved in the process is responsible for environmental considerations, starting with those stating the requirements

and continuing through supply channels or procurement/contracting channels, whichever applies.
11

Part 2 - Definitions

What is a recycled product?

A product made in whole or in part from material recovered from the waste stream.

Many “recycled products” contain less than 100 percent recovered materials. Therefore,

they are more accurately referred to as recycled content products. Examples include a rebuilt or

remanufactured commodity, such as a rebuilt engine or a remanufactured laser toner cartridge,

plastic lumber, recycled paper, etc.

decreasing the amount of waste being generated

through waste prevention, recycling, or purchasing

recycled and environmentally preferable products.

Sec. 210. “Life cycle cost” means the amortized

annual cost of a product, including capital costs,

installation costs, operating costs, maintenance

costs, and disposal costs discounted over the lifetime of the product.

Sec. 211. “Life cycle assessment” means the comprehensive examination of a product’s environmental and economic effects and potential impacts

throughout its lifetime including raw material

extraction, transportation, manufacturing, use,

and disposal.

Sec. 212. “Pollution prevention” means “source

reduction” as defined in the Pollution Prevention

Act of 1990 (42 U.S.C. 13102), and other practices

that reduce or eliminate the creation of pollutants

through: (a) increased efficiency in the use of raw

materials, energy, water, or other resources, or (b)

protection of natural resources by conservation. 

Sec. 213. “Biobased product” means a commercial

or industrial product (other than food or feed) that

utilizes biological products or renewable domestic

agricultural (plant, animal, and marine) or

forestry materials.

Sec. 214. “Major procuring agency” shall include

any executive agency that procures over $50 million per year of goods and services.

Other Pertinent Definitions

1. “Affirmative procurement” is an agency’s strategy for maximizing its purchase of recycled content

products in accordance with Section 6002 of the

Resource Conservation and Recovery Act. The buy

recycled requirement applies to Federal agencies,

state and local agencies using federal monies, and

their contractors.

2. “EPA-designated item” means a product or category of products containing recovered materials

that has been designated by the Environmental

Protection Agency (EPA) in the Comprehensive

Procurement Guidelines (CPG).

3. “Model facility” is an organization or activity

who has made an outstanding contribution to

waste prevention, recycling, and affirmative procurement through its leadership, investment in

resources, and change in culture.

4. “Pilot project” means a trial of a waste prevention, recycling or affirmative procurement practice.

5. “Procuring agencies” means Federal, state, and

local agencies, and their contractors, that use

appropriated Federal funds to purchase EPA-designated items in accordance with Section 6002 of

the Resource Conservation and Recovery Act

(RCRA). (See Appendix H for further details.)

6. “Source reduction”(also see “pollution prevention”) is defined as any practice: (i) reducing the

amount of any hazardous substance, pollutant, or

contaminant entering any waste stream or otherwise released into the environment (including fugitive emissions) prior to recycling, treatment, or disposal; and (ii) reducing the hazards to public

health and the environment associated with the

release of such substances, pollutants,

or contaminants. 
Part 2 - Definitions

AAMA American Automobile

Manufacturer’s Association

AEE Agency Environmental Executive 

AFB Air Force Base

ANSI American National Standards

Institute

API American Petroleum Institute

APP Affirmative Procurement Program

ARNG Army National Guard

ASTM American Society for Testing and

Materials

BPCC Biobased Products Coordination

Council

Btu British Thermal Unit (an energy

measurement)

CASUs Cooperative Administrative Support

Units

CD-ROM Compact Disk-Read Only Memory

CEMP Code of Environmental

Management Principles

CEQ Council on Environmental Quality

CFR Code of Federal Regulations

CID Commercial Item Description

CMLS GSA’s Centralized Mailing List

Service

CPG Comprehensive Procurement

Guidelines

DAMES Defense Automated Message Entry

System

DAU Defense Acquisition University

DLA Defense Logistics Agency

DLSC Defense Logistics Service Center

DoD Department of Defense

DOE Department of Energy

DOI Department of the Interior

DOJ Department of Justice

EDI Electronic Data Interchange

EO Executive Order

EOIAG Executive Order Inter-Agency

Advisory Group

EPA Environmental Protection Agency

EPG Environmental Products Guide

EPP Environmentally Preferable Products

FAC Federal Acquisition Circular

FAI Federal Acquisition Institute

FAR Federal Acquisition Regulation

FEDSTRIP Federal Standard Requisitioning and

Issuing Procedures

FEE Federal Environmental Executive

FFCA Federal Facility Compliance Act

FY Fiscal Year

FPMR Federal Property Management

Regulations

FR Federal Register

GGBF Ground Granulated Blast Furnace

GNP Gross National Product

GPO Government Printing Office

GPRA Government Performance and

Results Act

GSA General Services Administration

HDPE High Density Polyethylene

IFMS Interagency Fleet Management

System

ILSAC International Lubricant

Standardization and Approval

Committee

ISO International Organization 

for Standardization

12

Acronyms
JCP Joint Committee on Printing

KSC Kennedy Space Center

LDPE Low Density Polyethylene

MUFFIN Multi-User File of Interagency News

NASA National Aeronautics and Space

Administration

NEPA National Environmental Policy Act 

NIST National Institute of Standards and

Technology

NNMC National Navy Medical Center

OEMs Original Equipment Manufacturers

OFPP Office of Federal Procurement Policy

OMB Office of Management and Budget

OSWER EPA’s Office of Solid Waste and

Emergency Response

P.L. Public Law

PCIE President’s Council on Integrity and

Efficiency

PET Polyethylene Terephthalate

PMB GSA’s Property Management Branch

PVC Polyvinyl Chloride

QPL Qualified Products List

RCRA Resource Conservation and

Recovery Act

RFP Request for Proposal

RMAN Recovered Materials Advisory

Notice

RRRP Resource Recovery and Recycling

Program

U.S.C. United States Code

USDA U.S. Department of Agriculture

USPS U.S. Postal Service

VMF Vehicle Maintenance Facility

13

Part 2 - Definitions
GREENING THE GOVERNMENT

CLOSING THE CIRCLE

Part 3

The Roles and Duties of the Steering

Committee, Federal Environmental

Executive,Task Force, and Agency

Environmental Executives

14

Executive Order 13101 demonstrates a unique and highly significant commitment to environmentally friendly

approaches to recycling, waste management, and acquisition. As a result of this Executive Order and the implementation now underway, the Federal community will dramatically increase (I) waste reduction at the source, (2)

recycling, and (3) the procurement of recycled content and environmentally preferable products and services. This

will be done in the most economically sound and environmentally efficient methods possible. The Federal

Environmental Executive (FEE) has been tasked to work with the Steering Committee, the Task Force, and the

Agency Environmental Executives (AEEs) to make that happen quickly. As required by the E.O., the FEE recently

issued the first Federal Government-wide strategic plan developed by a Federal interagency working group which

sets forth our strategies and goals for implementing this Executive Order. 

Successful recycling is a three-phase interdependent cyclical process. It includes (1) the collection and separation of used but recyclable materials. Those materials are then (2) processed and manufactured into new products, replacing the need for some virgin materials. Finally, as these products are returned to the marketplace as

new consumables, they are (3) purchased and used, thus completing the cycle. Recycling is not only the right

thing to do, it makes sound economic sense on many different levels. Moreover, the government has an obligation to lead the way by buying products manufactured from the materials it recovers - to “close the circle” among

the recycling, manufacturing, and purchasing sectors.

Each major procuring agency has an AEE at the Assistant Secretary or equivalent level to work internally, and with

the Steering Committee, and the FEE to assure complete and rapid implementation of the Executive Order.

However, as demonstrated by the White House Closing the Circle Award winners referenced throughout this document, it is the thousands of Federal employees from all over the country in all agency programs, who will take on

the challenge and successfully implement E.O. 13101. As a team, the entire Federal community, not just procurement, recycling, or environmental programs, must work together to make the ideals of the Order a reality. 
Sec. 301. Committees, Executives, and Task

Force. (a) Steering Committee. There is hereby

established a Steering Committee on Greening

the Government through Waste Prevention and

Recycling (“Steering Committee”). The Steering

Committee shall be composed of the Chair of

the Council on Environmental Quality (CEQ),

the Federal Environmental Executive (FEE), and

the Administrator for Federal Procurement

Policy (OFPP). The Steering Committee, which

shall be chaired by the Chair of the CEQ, is

directed to charter a Task Force to facilitate

implementation of this order, and shall provide

the Task Force with policy direction in such

implementation. 

Steering Committee

The White House Steering Committee is comprised of the Federal Environmental Executive

(FEE), the Chair of the Council on

Environmental Quality (CEQ), and the

Administrator for Federal Procurement Policy

(OFPP) within the Office of Management and

Budget (OMB). The White House Steering

Committee establishes policy for the implementation of E.O. 13101. The composition of the

Steering Committee is important because the

senior environmental advisor to the President

and the senior procurement advisor to the

President are working as a team with the

Federal Environmental Executive to implement

the E.O. The environmental community and the

procurement community have to work together

as a team to green the Federal government; it

requires a team effort not only at the national

level, but also at the field level. 

(b) Federal Environmental Executive. A Federal

Environmental Executive, Environmental

Protection Agency, shall be designated by the

President. The FEE shall chair the Task Force

described in subsection (c), take all actions necessary to ensure that the agencies comply with

the requirements of this order, and generate a

biennial report to the President. 

Federal Environmental Executive

E.O. 12873, the predecessor to E.O. 13101, created the position of the Federal Environmental

Executive (FEE). The President designated the

FEE to take all actions necessary to ensure that

agencies comply with the requirements of the

E.O. 

(c) Task Force. The Steering Committee shall

charter a Task Force on Greening the

Government through Waste Prevention and

Recycling (“Task Force”), which shall be chaired

by the FEE and composed of staff from the major

procuring agencies. The Steering Committee, in

consultation with the agencies, shall determine

the necessary staffing and resources for the Task

Force. The major procuring agencies shall provide, to the extent practicable and permitted by

law, resources and support to the Task Force and

the FEE, upon request from the Steering

Committee. The Task Force shall have the duty of

assisting the FEE and the agencies in implementing this order, subject to policy direction provided by the Steering Committee. The Task Force

shall report through the FEE to the Chair of the

Steering Committee. 

Task Force

Under E.O. 13101, on October 26, 1998, the

White House Council on Environmental Quality

(CEQ) chartered a Task Force, with the FEE as

its chair. The Task Force advises and assists the

Steering Committee and the Federal agencies,

makes recommendations concerning policy,

facilitates implementation, provides a centralized focal point for assistance and direction, and

communicates and enhances knowledge of the

provisions of E.O. 13101. The Task Force is comprised of agency representatives from various

major procuring agencies, i.e., Department of

Defense (DoD), U.S. Department of Agriculture

(USDA), Department of Energy (DOE), General

Services Administration GSA), and the

Environmental Protection Agency (EPA).

15

Part 3 - The Roles and Duties of the Steering Committee, FEE, Task Force, and Agency Environmental Execs
(d) Agency Environmental Executives (AEEs).

Within 90 days after the date of this order, the

head of each major procuring agency shall designate an AEE from among his or her staff, who

serves at a level no lower than the Assistant

Secretary level or equivalent, and shall notify the

Chair of CEQ and the FEE of such designation. 

Agency Environmental Executives

Agency Environmental Executives (AEEs) are

an essential element of E.O. 13101 because they

constitute the backbone of the Order. They provide the direction, integration, and coordination

of the E.O. requirements in their individual

agencies. E.O. 13101 recognizes the importance

of the AEEs by requiring the head of each major

procuring agency to designate an AEE at a level

no lower than the Assistant Secretary or equivalent. (A list of Agency Environmental

Executives as of the publication date of this document, is provided in Appendix B. An updated

list can be found at www.ofee.gov.) 

Sec. 302. Duties. (a) The Federal Environmental

Executive. The FEE, working through the Task

Force, and in consultation with the AEEs, shall: 

(1) Develop a Government-wide Waste

Prevention and Recycling Strategic Plan

(“Strategic Plan”) to further implement this

order. The Strategic Plan should be initially

developed within 180 days of the date of this

order and revised as necessary thereafter. The

Strategic Plan should include, but is not limited

to, the following elements: 

(a) direction and initiatives for acquisition of

recycled and recyclable products and environmentally preferable products and services; 

(b) development of affirmative procurement programs; 

(c) review and revision of standards and product specifications; 

(d) assessment and evaluation of compliance; 

(e) reporting requirements; 

(f) outreach programs to promote adoption of

practices endorsed in this order; and 

(g) development and implementation of new

technologies that are of environmental significance. 

(2) Prepare a biennial report to the President on

the actions taken by the agencies to comply

with this order. The report also may incorporate information from existing agency reports

regarding Government-wide progress in implementing the following Executive Orders: 12843,

Procurement Requirements and Policies for

Federal Agencies for Ozone Depleting

Substances; 13031, Federal Alternative Fueled

Vehicle Leadership; 12845, Requiring Agencies

to Purchase Energy Efficient Computer

Equipment; 12856, Federal Compliance with

Right-to-Know Laws and Pollution Prevention

Requirements; 12902, Energy Efficiency and

Water Conservation at Federal Facilities; and

12969, Federal Acquisition and Community

Right-to-Know. 

(3) In coordination with the Office of Federal

Procurement Policy, the Environmental

Protection Agency (EPA), the General Services

Administration (GSA), and the Department of

Agriculture (USDA), convene a group of acquisition/procurement managers and environmental

State, and local government managers to work

with State and local governments to improve

the Federal, State, and local governments’ use of

recycled products and environmentally preferable products and services. 

(4) Coordinate appropriate Government-wide

education and training programs for agencies. 

(5) Establish committees and work groups, as

needed, to identify, assess, and recommend

actions to be taken to fulfill the goals, responsibilities, and initiatives of the FEE. As these

committees and work groups are created, agencies are requested to designate appropriate personnel in the areas of procurement and acquisition, standards and specifications, electronic

commerce, facilities management, pollution pre16

Part 3 - The Roles and Duties of the Steering Committee, FEE, Task Force, and Agency Environmental Execs
vention, waste prevention, recycling, and others

as needed to staff and work on these initiatives.

An initial group shall be established to develop

recommendations for tracking and reporting

requirements, taking into account the costs and

benefits of such tracking and reporting. The

Steering Committee shall consult with the AEEs

before approving these recommendations. 

Strategic Plan — Section 302 of E.O. 13101

directed the development of a government-wide

Strategic Plan. On March 12, 1999, the FEE and

Chair of the White House Task Force on

Greening the Government Through Waste

Prevention and Recycling unveiled the first

Government-wide Strategic Plan for Waste

Prevention, Recycling, and Federal Acquisition.

The Plan will be the cornerstone for greening

the government’s daily activities. It presents a

vision and a road map for future initiatives;

describes specific strategies and actions, and

identifies stakeholders and performance measures.

The White House Task Force, in collaboration

with an interagency work group consisting of

representatives from various Federal agencies,

and in consultation with the AEEs of the 26

major procuring agencies, developed the

Strategic Plan that covers the requirements of

the E.O. and launches green government into

the 21st Century.

To further enhance distribution and communications to the Federal, state and local governments, industry, and the American taxpayer,

each agency is developing, or will soon have in

place their own strategic plan. The Strategic

Plan can also be accessed at www.ofee.gov.

Greening the Government Report to the President

— The FEE and members of the Task Force are

directed to prepare a report to the President on

actions taken by the Federal agencies to comply

with the E.O. The report will contain facts and

figures that portray a clear and concise picture of

efforts to green the government. There will be an

overview of other environmental and energy

executive orders and a description of major

accomplishments including case studies and sample programs. Future innovative projects to

expand “greening the government” opportunities

within Federal agencies will be addressed, and

information will be provided on outreach and

communications efforts with the Federal government and the public. This report is to be submitted to the President on Earth Day 2000. 

Outreach with State and Local Governments —

The FEE and the Task Force anticipate this outreach effort to be an on-going process. We are

working with states and local governments on an

individual basis and will avail ourselves of

numerous opportunities to address this effort at

national events such as the annual National

Recycling Congress (NRC) and America Recycles

Day (ARD). Currently the FEE and CEQ are

heading up the National Recycling Challenge.

This effort requires commitments by industry,

local and state governments, Federal agencies,

national associations, and academia to do more

in the area of recycling. Commitments have been

received from all sectors on areas of recycling

efficiency including new designs, buying green,

and public awareness. The web site,

www.ofee.gov, has more information.

17

New Goal — One of the unique aspects of the Government-Wide Strategic Plan to implement E.O. 13101 is

its establishment by a new national goal for the Federal government of 35 percent waste diversion by 2005.

All Federal agencies are expected to advance the accomplishment of this national goal with respect to their

respective waste diversion rates. The Strategic Plan also requires Federal agencies to demonstrate significant

increases in the procurement of recycled content products from each preceding year through 2005.

Part 3 - The Roles and Duties of the Steering Committee, FEE, Task Force, and Agency Environmental Execs
Education and Training Programs — The Task

Force is working with the Defense Acquisition

University (DAU) to incorporate language

infusing the elements of E.O. 13101 into their

courses. Training will be provided for the DAU

course directors and faculty on E.O. 13101 and

its various components. The Task Force is working with the Federal Acquisition Institute (FAI)

to develop a free web-based course on E.O.

13101 targeted toward acquisition personnel.

(Refer to part eight for additional information.)

Task Force representatives have conducted, and

continue to carry out, training on purchasing of

recycled and environmentally preferable products and services for contracting officers and

contract specialists from the field and headquarters operations. The Task Force is also training

Program Managers and Materials Managers on

E.O. 13101 and their role in specifying and

requiring green products. 

Committees and Work Groups — Numerous

work groups have been established under E.O.

13101. One of the first was the Reporting

Workgroup, co-chaired by a representative from

OFPP and a representative from the Task Force.

The work group is striving to streamline and

simplify future reporting requirements while

also taking into account the costs and benefits of

such tracking and reporting. The primary

emphasis of this work group will be to develop

recommendations for establishing a cost-effective reporting system for procurement of recycled products. The work group is examining

each EPA-designated item and focusing on how

to obtain the data. Alternative streamlined

methods of reporting are also being reviewed.

The work group will attempt to reduce manual

reporting to the maximum extent practicable.

Another work group has been established on

Contracts to examine contract requirements and

how best to incorporate recycled and environmentally preferable products into them. As

needs arise, other work groups will be formed.

(b) Agency Environmental Executives. The AEEs

shall: 

(1) translate the Government-wide Strategic

Plan into specific agency and service plans; 

(2) implement the specific agency and service

plans; 

(3) report to the FEE on the progress of plan

implementation; 

(4) work with the FEE and the Task Force in furthering implementation of this order; and 

(5) track agencies’ purchases of EPA-designated

guideline items and report agencies’ purchases

of such guideline items to the FEE per the recommendations developed in subsection

302(a)(5) of this order. Agency acquisition and

procurement personnel shall justify in writing

to the file and to the AEE the rationale for not

purchasing such items, above the micropurchase

threshold (as set out in the Office of Federal

Procurement Policy Act at 41 U.S.C. 428), and

submit a plan and timetable for increasing

agency purchases of the designated item(s). 

(6) one year after a product is placed on the

USDA Biobased Products List, estimate agencies’ purchases of products on the list and

report agencies’ estimated purchases of such

products to the Secretary of Agriculture.

Strategic Plan — E.O. 13101 requires the AEE of

each procuring agency to translate the

Government-wide Strategic Plan into specific

agency and service plans. Agencies will be

afforded the challenging opportunity to identify

and describe their goals and strategies in the

areas of waste prevention, recycling, and

Federal acquisition. Each AEE is then required

to implement their plan and report to the FEE

on their progress.

18

Part 3 - The Roles and Duties of the Steering Committee, FEE, Task Force, and Agency Environmental Execs
Implementation of the E.O. — The FEE held a

State of the Order Meeting on September 15,

1999 to discuss the implementation of E.O.

13101 with the AEEs. Some AEE’s presented a

brief summary of their efforts to advance the

implementation of the E.O. within their respective agencies. Many AEEs have been very

aggressive in implementing efforts to buy recycled products. Examples follow:

19

The Department of Justice (DOJ) Agency Environmental Executive instituted a re-invention laboratory

to comply with E.O. 13101. This lab establishes a diverse team with practical expertise to focus on

specific areas of the E.O. Team members have backgrounds in such areas as safety, environmental

law, and procurement. All bureaus of the Department of Justice are represented, as well as the White House

Task Force on Waste Prevention and Recycling. This laboratory team will: translate the Government-wide

Strategic Plan into agency-specific plans and implement those plans; create pilot/demonstration projects to

test and evaluate environmentally preferable products; produce a department-wide guide to environmental

compliance; develop training materials; develop inspection guidelines to identify and correct areas of noncompliance; and perform other E.O. related tasks. This effort will increase awareness of the E.O. and result in

greater compliance with the E.O.

Several Agency Environmental Executives (AEEs) have worked to increase the purchase of re-refined oil

within their agencies. The Under Secretary of Defense for Acquisition and Technology directed the

automatic substitution of re-refined oil for virgin lubricating oil when all Department of Defense (DoD)

activities order certain grades of commercial oil. Since the DoD is the single largest Federal procuring agency,

this initiative will have a profound effect on the purchasing of re-refined oil and building of markets for rerefined oil. 

At the Department of Justice’s (DOJ) Earth Day Celebration of April, 1998, the Attorney General announced a

new initiative to strengthen the Department’s commitment to recycling and the procurement of environmentally preferable products containing recycled content material. The Attorney General placed specific emphasis

on increasing the Department’s use of re-refined motor oil. The DOJ AEE notified bureau heads of several initiatives to increase the Department’s use of re-refined oil. The DOJ AEE requested the Defense Logistics

Agency (DLA) to fill all of the Department’s orders for virgin motor oil with re-refined motor oil that meets the

terms of E.O. 13101 unless the Department’s purchasing agent provides a written exemption from the DOJ

AEE. DOJ bureaus have developed strategies to comply with the exclusive use of re-refined motor oil. The

bureaus’ associated garages have committed to participate in the DLA’s closed loop re-refined oil pickup and

delivery systems. DOJ is exploring the possibility of private service stations providing DOJ vehicles with rerefined oil exclusively. DOJ has a fleet of 40,000 vehicles. (Additional information on the closed loop system

can be found in section five.)

Part 3 - The Roles and Duties of the Steering Committee, FEE, Task Force, and Agency Environmental Execs
Tracking Agencies’ Purchases of EPA-designated

Guideline Items — Section 6002 of the Resource

and Conservation Act (RCRA) requires a submission of a report to Congress every two years

on actions taken by Federal agencies to implement the statute. In addition, E.O. 13101

requires that agencies track and report on their

purchases of designated EPA guideline items. A

combined FEE/OMB report is provided to

Congress every two years. The FEE and OMB

developed a reporting survey to obtain information on agencies’ progress in purchasing recycled content products. At the present time, the

reporting survey is sent to the top six major

procuring agencies, and their data are used for

the report to Congress. All major procuring

agencies should have data available on their

purchases of recycled content products.

Micro-Purchase Threshold — The E.O. requires

that agency acquisition and procurement personnel justify in writing, to the file and to the

AEE, the rationale for not purchasing EPA-designated items above the micro-purchase threshold (as set out in the Office of Federal

Procurement Policy Act at 41 U.S.C. 428) and

submit a plan and timetable for increasing

agency purchases of the designated item(s).

Written justification is not required for purchases below the micro-purchase threshold.

Biobased Products — The AEEE’s should report

to the Secretary of Agriculture on their estimated purchases of a biobased product one year

after a product is placed on the USDA Biobased

Products list. (Refer to part five and Appendix L

for additional information.)

20

The General Services Administration (GSA) made a decision to no longer purchase copier paper which

was not in compliance with the Executive Order. GSA no longer sells virgin copier paper to Federal

agencies. You can read the rest of the GSA story at http://pub.fss.gsa.gov/pub/mtips/98s1.pdf. Prior

to GSA’s decision, the DoD AEE and DOJ had initiated a policy directing the GSA to substitute 20 percent

postconsumer content copier paper when DoD activities or DOJ bureaus ordered virgin copier paper. Other

Federal agencies followed the DoD and DOJ lead. This was a great move forward in efforts to “green” government purchasing.

Let us be perfectly clear and avoid any

confusion; the requirements of RCRA and

E.O. 13101 apply to purchases below the

micro-purchase threshold. For example, if you

are purchasing tires that cost $1,000; the

mandatory green purchasing requirements of the

E.O. and RCRA apply.

Part 3 - The Roles and Duties of the Steering Committee, FEE, Task Force, and Agency Environmental Execs
21

GREENING THE GOVERNMENT

CLOSING THE CIRCLE

Part 4

Acquisition Planning, Affirmative

Procurement Programs, and Federal

Facility Compliance

Sec. 401. Acquisition Planning. In developing

plans, drawings, work statements, specifications, or other product descriptions, agencies

shall consider, as appropriate, a broad range of

factors including: elimination of virgin material

requirements; use of biobased products; use of

recovered materials; reuse of product; life cycle

cost; recyclability; use of environmentally

preferable products; waste prevention (including

toxicity reduction or elimination); and ultimate

disposal. These factors should be considered in

acquisition planning for all procurement and in

the evaluation and award of contracts, as

appropriate. Program and acquisition managers

should take an active role in these activities.

The concept of Acquisition Planning is very

general and encompassing. It simply means

agencies need to consider a multitude of environmental factors before acquisition occurs.

These factors include: eliminating unnecessary

virgin material requirements and specifying the

use of recovered materials instead (specification

revision may be necessary); considering recyclability and product environmental preferability;

the use of biobased products; reusing products

if possible; preventing waste; and life cycle

costs, including ultimate disposal costs.1 In

planning for acquisitions, those involved need

to place serious emphasis up front on eliminating waste to save money, increase efficiency, and

reduce pollution. This is consistent with the

“green hierarchy”: reduce, reuse, and recycle, in

that order. Part six of this document examines

Waste Reduction and Environmentally

Preferable Products in greater detail.

To assist in the planning phase, under the

Executive Order and RCRA, each Federal

agency must develop and implement an

Affirmative Procurement Program (APP). APPs

are written statements as to how agencies plan

to preferentially procure EPA-designated items.

These plans must contain four elements specified in RCRA section 6002 and the Executive

Order: preference program, promotion program,

procedures for obtaining estimates and certifications of recycled content and for verifying the

certifications, and annual review and monitoring. Parts four and five of this document will

focus on what a recycled product is, what

should be considered in buying recycled, and

what constitutes an APP. Appendix G provides

an outline of a model APP. A sample APP is

being developed and will be available on our

web site, www.ofee.gov.

What Should Agencies Consider

When Buying Recycled Content

Products?

The process for purchasing recycled content

products is the same as for purchasing nonrecycled content products, except that the purchaser specifies the minimum recycled content

that the products must contain. As discussed

above in Part 1, EPA designates recycled content

products in the Comprehensive Procurement

Guideline (CPG), which is codified in 40 CFR

part 247. When EPA designates products, it also

recommends the level(s) of recycled content that

1 Both NIST and FAI offer courses in life cycle costing.
agencies should specify and identifies agency,

ASTM or other specifications that can be used

when buying the recycled content products.

These recycled content and specification recommendations are found in Recovered Materials

Advisory Notices (RMANs). Both the CPG and

the RMANs can be found on EPA’s CPG web

pages at www.epa.gov/cpg. Additional information about the products designated in the

CPG can also be found in the next chapter of

this document.

As with any product purchase, agencies should

keep in mind three factors when preparing to

purchase recycled content products:

quality/performance, availability, and cost.

Agencies also should consider the compatibility

of the item with their existing recycling program. For example, office papers containing

groundwood cannot be recycled in a high grade

white paper recycling program, but might be

accepted in a mixed paper recycling program.

Quality/Performance — Today, both increased

demand and major improvements in technology

have resulted in recycled content products that

are competitive in quality/performance or even

superior to virgin goods. EPA does not designate products until after extensive interagency

review, and unless it has documented that they

can meet agencies’ performance needs.

Agencies such as GSA, GPO, and DoD maintain

Qualified Products Lists for many products

meeting their performance specifications. In

addition, a number of private organizations

(e.g., Green Seal and Scientific Certification

Systems) also certify product quality, performance, and environmental claims.

If questions about product performance persist,

agencies should consult other agencies using

the product and/or consider testing the recycled content products. Tests should be “blind,”

so that the tester does not know whether or not

the product contains recycled materials. Tests

also should be conducted under ordinary conditions and should not expect a recycled content

product to perform better than is expected of

non-recycled content products. For example,

when GPO tests copier paper, the paper is used

for a copying job, and both recycled content

copier paper and non-recycled content copier

paper must meet the same performance standards. Test results should be kept on file and

shared with vendors, using agencies, and other

organizations.

Using this process, the U.S. Conference of

Mayors, in cooperation with major paper and

copier printer manufacturers, recently conducted a study which showed 30 percent recycled

content paper had equivalent performance to

papers with 20-25 percent recycled content and

virgin paper. For more information see the

report at www.epa.gov/cpg.

Availability — Some recycled content products

are available throughout the country, while others are available only in certain regions. Because

demand for each product varies, manufacturers

and vendors may need additional lead time to

fill an order. This is another important reason to

create a steady demand for recycled goods.

To research the availability of various recycled

content products consult these resources:

• Vendors for EPA-designated items. EPA prepares and annually updates lists of manufacturers and vendors of the designated items.

The list can be found on the CPG web pages

at www.epa.gov/cpg. They also can be

22

Part 4 - Acquisition Planning

When comparing the cost and/or value

of recycled content paper to virgin

paper, agencies should compare

papers of the same quality and grade. For

example, in the past, several agencies have chosen high-quality recycled bond paper when they

previously had used a commodity-grade virgin

paper and then were surprised by the price differential. When the grade variable is ignored, it’s

easy to draw the wrong conclusion that the price

difference is the result of recycled content only.
ordered from the RCRA Hotline by calling

(800) 424-9346 or TDD (800) 553-7672 for the

hearing impaired. In the Washington, DC,

area call (703) 412-9810 or TDD (703) 412-

3323.

• The Official Recycled Products Guide, (800)

267-0707. This comprehensive directory of

recycled content products contains over 5000

listings of manufacturers and distributors.

The database is accessible electronically to

members. Membership subscriptions, including a password for the database cost $315.

Paper copies of the directory are available for

$205. 

• National Recycling Coalition/Buy Recycled

Business Alliance, (703) 683-9025, x. 209.

• GSA’s Environmental Products Guide, which

can be obtained by calling the Centralized

Mailing List Service at (817) 334-5215.

• Environmental Resource Guide, which is

available from the American Institute of

Architects bookstore, (202) 626-7475.

• Recycling at Work/National Office Paper

Recycling Project; U.S. Conference of Mayors,

(202) 293-7330.

• Office Green Buying Guide, Green Seal, (202)

331-7337.

• Trade associations, trade shows and exhibits. 

• State and local buying guides and recycled

products guides prepared by state or local

recycling offices.

See Appendix C for additional recycled product

sources and Appendix D for information on

where agencies can buy recycled content products. 

Cost — The cost of some recycled content products is lower than or comparable to their virgin

counterparts, while others cost more than comparable products. Prices for both virgin and

recycled content products depend on the specific product, quantities purchased, duration of

contract, domestic and international economic

conditions, geographic considerations, and

many other factors.

23

Part 4 - Acquisition Planning

Cost Comparison 

of Green Purchasing, 

(First quarter 1999 prices)

Item Price

Truck Tires (common size 11R22-5)

New $240 - $295

Retread $ 89 - $110

Lubricating Oil - 

Commercial Specifications (10W-30)

Virgin oil (box) $11.13

Re-refined oil (box) $10.95

Lubricating Oil - 

Military (Tactical) Specifications (15W-30)

Virgin oil (5 gallon can) $17.15

Re-refined oil (5 gallon can) $15.25

Copier Paper (E.O. 13101 compliant)

Virgin (truck load) $3.13

Recycled (truck load) $3.06

Toner Cartridge 

(Canon Machines-GSA Advantage)

New replacement cartridge $67.74

Remanufactured cartridge $30.67

Binders (3” white slant D-ring 

w/ clear covers-GSA Advantage)

Virgin binders $11.59

Recycled content binders $6.28

Information to create these comparisons came

from the Defense Logistics Agency, the

International Tire and Rubber Association,

General Services Administration, and the

Government Printing Office.
In the above examples, the initial costs of recycled items such as re-refined oil and retread

tires can be further reduced by contracting with

local firms to do “closed-loop” recycling services. These practices are discussed later in this

section. 

Whenever possible, cost should be calculated

over the life of the item, not just for initial, upfront cost. When comparing alternative products, the initial cost of the acquisition, as well as

lifetime maintenance costs, resale value, disposal costs, replacement costs, operational costs,

etc., must be considered in the analysis. A product having a higher initial cost may have lower

operational cost or a higher resale value and

could prove to be a better value and more costeffective compared to the alternatives. This difference may only become apparent after a (complete) life-cycle cost analysis has been performed. The National Park Service, for example,

has found that use of some recycled content

materials, like plastic lumber in decking or park

benches, can reduce maintenance or replacement costs. This is because the plastic lumber

material, which can be initially more expensive

than competing materials, lasts years longer and

can eliminate labor and supply costs for painting and other maintenance, including the use of

costly - and possibly toxic - wood cleaning and

preserving chemicals.

The best way to control costs is to use performance specifications, comparison shopping,

bulk purchases, competitive bidding, and lifecycle costing.

Substitution Policies — As a result of procurement reform, purchasing has become more

decentralized. Use of a “substitution policy “ is

one technique for increasing purchases of recycled content products without centralized purchasing. Agencies establish a policy requesting

that the supplying agency (e.g., General

Services Administration, Defense Logistics

Agency, or Government Printing Office) automatically substitute a recycled content product

meeting E.O. 13101 and EPA’s recommended

content levels in place of any orders for nonrecycled content or non-compliant products. In

1997, ten Federal agencies sent letters to the

General Services Administration and the

Government Printing Office requesting that

they substitute compliant recycled content copier paper for orders of non-compliant copier

paper. This substitution policy significantly

24

Part 4 - Acquisition Planning

Closing the Circle 

Award Winner

The National Park Service installed a wood-plastic

composite lumber raised boardwalk on a portion of

the trail on Theodore Roosevelt Island in Washington,

DC. This portion of the trail flooded periodically,

causing trail users to skirt the trail path and slowly

create damage to the adjacent ecosystem. The cost

of the decking boards is approximately 1.65 times

that of conventional lumber but has an estimated

“payback” period of seven years due to reduced (i.e.,

nearly zero) maintenance costs. Additionally, the

raised boardwalk provides qualitative benefits: yearround access to this part of Theodore Roosevelt

Island and handicapped access.
increased Federal agency compliance with the

postconsumer content paper directives in E.O.

13101. Based on the success of the paper substitution policy, the Departments of Justice (DOJ)

and Defense (DoD) requested a substitution policy for re-refined lubricating oil. 

Use of Innovative Contracting Techniques —

Agencies can use incentives contracts to

increase their contractors’ use of recycled content and environmentally preferable products.

In 1996, DoD decided to team with EPA in

developing contract language encouraging the

use of environmentally preferable products in

parking lot repairs. In 1997, DoD awarded a

five-year, multi-million dollar contract to maintain and repair the parking lots and access roads

at the Pentagon and three other facilities. The

contract includes traditional price and performance requirements as well as incentives to use

products with multiple environmental attributes. For example, the contract includes a two percent price differential that provides incentive for

the contractor to search for these products.

Environmental attributes, such as recycled content or low volatile organic compound content,

were identified for 20 products. The price differential allows the contractor to earn up to 10

percent more for identifying and using products

with additional environmental attributes

beyond those initially identified. During the

first 15 months of the contract, the contractor

had used products with positive environmental

attributes to pave 227,934 square feet of parking

lots and roadways. Environmental benefits have

included the use of 3,328 tons of recycled

asphalt and 1,031 tons of recycled concrete. The

contractor also used concrete containing recovered materials, recovered glass for reflective surfaces, asphalt sealer containing recovered crumb

rubber, and low-VOC paint and concrete curing

compound. The average cost for the work completed is significantly lower than similar work

on other DoD parking lot repair contracts that

do not include environmental features.

Creates Closed-Loop Opportunities — These

represent opportunities for agencies to save

money and resources by establishing closedloop recycling and collections systems (see

“Closed-Loop” discussion later in this section).

Promote Buying “Green” Through Services

Contracts — Recycled content and environmentally preferable products can be purchased

through services contracts, such as janitorial or

landscaping maintenance contracts, as well as

purchased directly. Over 50 percent of Federal

government purchasing is for services.

Therefore, agencies need to look for opportunities to incorporate purchasing of recycled content and environmentally preferable products in

contracts.

Enhances Compatibility with Recycling

Collection Program — Purchasing officials

should work closely with recycling program

coordinators to be sure products purchased can

be recycled in existing internal or external recycling programs and life-cycle costs are continuously reflected in decision-making. 

Agencies can buy a variety of paper products

which are recyclable in office paper collection

programs and benefit the purchasing agency.

For example, switching from yellow to white

ledger and legal pads will increase the value of

recovered office paper. Certain colors, such as

goldenrod and the neon colors, are harder to

recycle and will, therefore, reduce the value of

recovered office paper. Agencies can replace dif25

Part 4 - Acquisition Planning

NASA contracts with Lanier to lease

and service copiers. The contract

includes a requirement for Lanier to

supply copier paper complying with the postconsumer content standards established in E.O.s

12873 and 13101. The copiers are supplied

agency-wide to NASA facilities. The contract has

been in place for three years and enables NASA

to comply with the E.O. directives. No performance issues about the paper have been raised

since NASA converted to this contract.
26

Part 4 - Acquisition Planning

ficult to recycle plastic window envelopes with

open or glassine window envelopes and eliminate or minimize mailing labels. Agencies also

can use water soluble labels or other sticky

products. Reports should be printed on recyclable paper and always double-sided (generally non-coated paper). These and other techniques can improve the value of recovered

paper by eliminating contaminants. In fact, this

may be necessary because some recycling programs allow only those materials having the

highest resale value.

Recycled content and recyclability may conflict,

depending on the products’ makeup and the

type of office collection program in place. Paper

with high recycled content (as much as 100 percent postconsumer material) can be available at

costs lower than virgin or other recycled papers.

Some of this type of paper can have a high

“groundwood” content because it contains fiber

recovered from newspapers or magazines.1

Groundwood office paper, however, generally is

not accepted in high-grade white office paper

collection programs. In some instances, groundwood office paper can be recycled with newspapers or mixed paper, depending on the local

program. Because some newsprint deinking

mills cannot easily deink toner from laser printers and copiers, it is important to ask whether

groundwood office papers can be mixed with

newspapers. 

Cooperative Purchasing

Value in Numbers — Increasing the number of

bidders and the number of agencies participating in the purchase of recycled content products

can help reduce the unit prices for these products. Schools, colleges, libraries, and other public institutions are ideally suited to cooperative

purchasing. Public agencies can combine their

purchasing power to save money on a number

of products. For example, a number of Federal

agencies in some regions of the country, coincidentally located in GSA-controlled Federal

Greening the Mail

The U.S. Postal Service (USPS) is a Federal leader in

greening its operations. For instance, Abraham

Lincoln, the 16th President of the U.S., and the only

President to serve as postmaster, was honored in 1999

with a 33-cent stamped envelope made entirely of

recycled paper, 30 percent post consumer. The breathtaking beauty of tropical flowers became available in

1999 as the first self-adhesive booklet with stamps

printed on both sides of the booklet with a totally

benign adhesive. The stamps themselves are the first

stamps in the U.S. produced on paper stock containing

20 percent post consumer waste. Unveiled shortly thereafter were two more stamps, the Aquarium Fish and

Niagra Falls. These stamps are also produced from 20 percent post consumer paper and have completely

benign adhesive, which means the adhesive is recyclable.

1 Newsprint used for printing newspapers is a groundwood paper. Publications such as the Federal Register and some Internal Revenue

Service (IRS) publications also are printed on groundwood paper. Groundwood paper is made from “ground wood pulp,” derived from

wood fiber via a mechanical pulping process (rather than a chemical pulping process). The groundwood pulping process uses fewer chemicals than chemical-based paper production (also known as the kraft process) and has a high fiber yield (very little waste).
buildings, have formed Cooperative

Administrative Support Units (CASUs)

designed to share a variety of costs, such as

duplicating services. Some of the advantages of

cooperative purchasing are:

Lowers Unit Costs — By combining purchases

and buying in bulk, agencies may find unit

prices for recycled products to be lower than if

each agency purchased individually.

Lowers Administrative Costs — By combining

purchases, only one Government agency (the

lead agency) bears the administrative costs of

preparing, advertising, and analyzing the bids

and administering the contract.

Increases Volume of Recycled Purchases —

Because more agencies are involved, more recycled products will be purchased.

Encourages More Organizations to Participate

in the Buy Recycled Effort — Cooperative purchasing encourages participating agencies to

buy other recycled products.

Increases Availability of Recycled Products —

In some cases, manufacturers may require a

minimum order before shipping recycled products. Cooperative purchasing can help meet

minimum order requirements.

Establishes Common Definitions, Percentages,

and Standards — When various Government

agencies buy from the same contract, definitions, percentages, and standards are the same.

This allows manufacturers to produce stock

items instead of specialty items.

Closed-Loop Systems 

Using a closed-loop system, government agencies (individually or in cooperation with other

governmental and non-governmental entities)

set up programs to collect recyclable materials

and then either (a) buy back the recycled products made from those materials or (b) simply

offset the costs of purchasing products by a

credit for the value of the collected materials.

What are the benefits to these options? The system guarantees markets for recyclable materials

by stabilizing the demand for recycled products

at a high level. Organizations instituting closedloop systems reduce costs and create a direct

link between purchasing recycled products and

reducing the volume of waste.

In the Recovered Materials Advisory Notices

(RMANs), EPA recommends that agencies establish closed-loop contracts for several of the

CPG-designated items, including tires (retreading services), toner cartridges (remanufacturing

services), and pallets (repair or rebuilding services).

Closed-loop contracts also can provide an

opportunity to create a market for materials

recovered by the agency that are otherwise difficult to market. The U.S. Postal Service is creating markets for undeliverable mail by using

closed-loop contracts. The Postal Service estab27

Part 4 - Acquisition Planning

Closing the Circle Award Winner

The Defense Supply Center Richmond (DSCR) contracted for a closed-loop re-refined oil program. The new program offers re-refined oil with an added value: when the customer orders rerefined oil from DSCR, the DSCR contractor will pick-up the agency’s used oil as part of the provided service. Having one closed-loop contract eliminates the need for used oil disposal 

contracts and the associated contract administration and additional costs for disposal of used

oil. The recovered oil is re-refined, rather than burned or disposed of, and therefore, is available

for use as lubricating oil over and over again. DSCR offers 10W30 and 15W40 oils meeting

commercial specifications, and 15W40 oils meeting military specifications, through the closed-loop program.
lished specifications for and purchased 5,000

recycling containers for use in post office lobbies. Gridcore Systems International is manufacturing the containers using undeliverable mail

and other paper recovered by the Postal Service.

Beyond the resource-based benefits described

above, closed-loop recycling offers another type

of long-term economic potential for Federal,

state, and local governments. Governments and

businesses at various levels, working in concert

with each other, might be more likely to draw

“green” industries (e.g., remanufacturer or other

recycled products manufacturers) to their locale,

creating jobs and helping the local economy.

Sec. 402. Affirmative Procurement Programs. (a)

The head of each executive agency shall develop

and implement affirmative procurement programs in accordance with section 6002 of RCRA

(42 U.S.C. 6962) and this order and consider use

of the procurement tools and methods described

in 7 U.S.C. 5909. Agencies shall ensure that

responsibilities for preparation, implementation, and monitoring of affirmative procurement

programs are shared between the program personnel and acquisition and procurement personnel. For the purposes of all purchases made pursuant to this order, EPA, in consultation with

such other executive agencies as appropriate,

shall endeavor to maximize environmental benefits, consistent with price, performance, and

availability considerations, and constraints

imposed by law, and shall adjust solicitation

guidelines as necessary in order to accomplish

this goal.

(b) Agencies shall establish affirmative procurement programs for all EPA-designated guideline

items purchased by their agency. For newly designated items, agencies shall revise their internal programs within one year from the date the

EPA designated the new items.

(c) Exclusive of the biobased products described

in section 504, for the EPA-designated guideline

items, which are contained in 40 CFR part 247,

and for all future designated guideline items,

agencies shall ensure that their affirmative procurement programs require 100 percent of their

purchases of products to meet or exceed the EPA

guideline unless written justification is provided that a product is not available competitively

within a reasonable time frame, does not meet

appropriate performance standards, or is only

available at an unreasonable price. Written justification is not required for purchases below

the micropurchase threshold. For micropurchases, agencies shall provide guidance regarding

purchase of EPA-designated guideline items.

This guidance should encourage consideration

of aggregating purchases when this method

would promote economy and efficiency.

(d) Within 90 days after the date of this order,

the head of each executive agency that has not

implemented an affirmative procurement program shall ensure that the affirmative procurement program has been established and is being

implemented to the maximum extent practicable.

Affirmative Procurement Programs

RCRA section 6002 (c) and (i) and Executive

Order 13101 (sec. 402) require Federal agencies

to develop Affirmative Procurement Programs

(APPs) for EPA-designated products when purchases of these products exceed $10,000 in the

current fiscal year or exceeded $10,000 in the

previous fiscal year. (See Part 5 of this publication for a list of EPA-designated items.) The

purpose of the APP is to help agencies plan

their acquisitions in accordance with the

Executive Order and RCRA, then track and

report their success rate in achieving their procurement goals. In this way, the APP is linked to

the acquisition planning phase. The development of an APP is key to expanding the use of

products containing recovered materials. As

described in the Executive Order and RCRA section 6002, an APP is an agency’s strategy for

maximizing its purchases of products designated by EPA.

Within one year after EPA designates a product,

procuring agencies must establish an APP for

28

Part 4 - Acquisition Planning
that product. In addition, Federal agencies must

revise their specifications to require the use of

recovered materials to the maximum extent possible without jeopardizing the intended end use

of the products. EPA recommends that each

procuring agency develop one overall APP

identifying which designated products the

agency purchases. When EPA designates additional products, agencies can simply revise the

APP as appropriate.

At a minimum, RCRA requires APPs to consist

of the following four elements:

Preference Program — Agencies must institute

practices and procedures favoring the specification and procurement of recycled content products. This means they must examine not only

specifications, but policies, procedures, and

solicitation language to assure that they allow

the purchase of products containing the highest

levels of recovered materials practicable.

Agencies must eliminate clauses that prohibit

the use of recovered materials or that require

the use of virgin materials. Agencies also must

eliminate or revise clauses that create barriers to

the use of recycled-content products. While

such clauses are often found in specifications,

they also can be found in policies, procedures,

and solicitation language.

RCRA specifies three procurement methods: the

use of minimum content standards (identifying

the minimum recovered content an item should

contain), a case-by-case procurement, or an

equivalent approach. For most designated

items, EPA has determined that the use of minimum content standards will maximize the use

of recovered materials in the items. EPA provides recommendations for recovered materials

content in Recovered Materials Advisory

Notices (RMANs). Part 5 of this publication

provides EPA’s recommendations for each of the

products designated to date.

If it is unable to acquire the product containing

the content levels recommended by EPA, a

procuring agency may specify a different (usually lower) content level for specific procurement actions. Procuring agencies also can determine that products containing higher recycled

content are available and specify a higher level

than recommended by EPA.

Sometimes, minimum content standards are

inappropriate. For example, in the case of

remanufactured products such as retread tires

or toner cartridges, EPA recommends that agencies purchase a remanufactured product or contract for remanufacturing services.

Promotion Program — Agencies must actively

promote their recycled content product acquisition programs. Promotion should be internal as

well as external. Internal promotion can consist

of activities such as wide distribution of copies

of an agency’s affirmative procurement policy,

articles in agency newsletters, workshops to

educate employees, and using logos/recycling

statements on official stationery and publications. Most importantly, the message must reach

field operations, procurement officials, supply

and requirements personnel, and individual

users who buy materials or products with a

government credit card. Examples of external

promotion are publishing articles in trade journals, participating in vendor shows and trade

fairs, placing statements in solicitations, and

discussing an agency’ s procurement program at

bidders’ conferences. Bidders’ lists also should

be expanded to include manufacturers of recycled content products or limited to manufacturers or vendors of recycled content products.

Estimation, Certification, and Verification —

RCRA section 6002 requires procuring agencies

to obtain estimates and certifications of the recycled content in the products to be supplied

under a contract and to verify those estimates

and certifications. The estimation requirement

applies only to purchases above the simplified

acquisition threshold, which currently is

$100,000. The estimates can be used as a means

of determining whether products are available

with higher percentages of recovered materials

than specified in an agency’s specifications.

29

Part 4 - Acquisition Planning
Agencies can use this information to revise their

content standards.

The Federal Acquisition Regulation (FAR) contains clauses for agencies to use in obtaining

estimates and certifications. Clause 52.223-4,

Recovered Material Certification, is used in

solicitations that are for, or specify the use of,

recovered materials. By signing it, the offeror

certifies that the products offered meet the minimum content levels in applicable contract specifications. Clause 52.223-9, Certification and

Estimate of Percentage of Recovered Material

Content for EPA Designated Items, is used in

contracts exceeding the simplified acquisition

threshold that are for, or specify the use of, an

EPA designated item. The contractor certifies

that the percentage of recovered materials in the

products is at least the amount required by the

contract specifications. The contractor also estimates the percentage of recovered materials

actually in the products.

Agencies should verify these estimates and certifications through their normal quality control

assurance procedures.

Annual Review and Monitoring — Agencies

must ensure they are using the highest possible

percentage of recovered materials available and

be aware of the prevailing technological capabilities. By periodically reviewing the content levels in recycled content products and any revisions to EPA’s content level recommendations,

agencies can determine whether to revise their

content standards.

Limitations on the Affirmative Procurement

Requirements — RCRA section 6002 allows

procuring agencies to choose not to buy a recycled product if the price is unreasonable, if there

is inadequate competition, if the products are

unavailable within a reasonable period of time,

or if they do not meet reasonable performance

standards. EPA researches the price, performance, and availability of products before designating them and provides recommendations,

such as appropriate government or commercial

specifications, to address the limitations.

Agencies should note that RCRA emphasizes

that use of these limitations is tied to reasonableness. Agencies cannot require that a product be

delivered in a shorter period of time than is really needed or require a higher performance level

than is needed simply to claim that the affirmative procurement requirements do not apply.

Sec. 302(b)(5) of E.O. 13101 directs agency acquisition and procurement personnel to justify in

writing to the contracting file and to their

Agency Environmental Executive the rationale

for not purchasing EPA-designated items containing recovered materials, above the micropurchase threshold, and submit a plan and

timetable for increasing agency purchases of the

designated items. In other words, the RCRA

requirement to purchase EPA-designated recycled content products applies to micro-purchases, but the E.O. directive to justify not

purchasing a recycled content product does not

apply to micro-purchases.

Sec. 403. Federal Facility Compliance. (a)

Within 6 months of the date of this order, the

Administrator of the EPA shall, in consultation

with the Federal Environmental Executive, prepare guidance for use in determining Federal

facility compliance with section 6002 of RCRA

and the related requirements of this order.

(b) EPA inspections of Federal facilities conducted pursuant to RCRA and the Federal

Facility Compliance Act and EPA “multimedia” inspections carried out at Federal facilities will include, where appropriate, evaluation

of facility compliance with section 6002 of

RCRA and any implementing guidance.

(c) Where inspections of Federal facilities are

carried out by authorized States pursuant to

RCRA and the Federal Facility Compliance Act,

the Administrator of the EPA will encourage

those States to include evaluation of facility

compliance with section 6002 of RCRA in light

of EPA guidance prepared pursuant to subsection (a), where appropriate, similar to inspec30

Part 4 - Acquisition Planning
31

Region Four’s EPA and GSA offices in Atlanta have been making great strides toward E.O. 13101 compliance with two very exciting projects.

1) Greening the Southeast conference for Federal agencies; and 

2) EPA’s internal environmental purchasing program.

GSA’s national environmental initiative ‘Planet GSA’ was developed to encourage employees to Buy Green,

Build Green, Drive Green and Save Green. Under this initiative, Atlanta’s GSA, EPA and DOE offices have

joined forces in reaching out to the southeastern Federal community by staging an annual event ‘Greening

the Southeast’ to celebrate and encourage these environmental principals. Highlights of the conference

include an opening ceremony with remarks from several agencies, awards to acknowledge those who have

done stellar work in the environmental purchasing arena, an exhibit hall, breakout sessions designed to educate participants on a host of environmental purchasing issues, and an ‘Office Supplies Swap Shop’ where

used office supplies were dropped off by some and picked up by others.

EPA’s Affirmative Procurement Program — EPA Region Four has designed an affirmative procurement program that is achieving great success and that can be modeled by other Federal agencies. While it is already

purchasing items such as office paper, toner cartridges, and most other office supplies that are compliant

with E.O. 13101, EPA Region Four is planning full compliance for its own purchasing by the end of FY 1999

and for contractors’ purchasing by the end of FY 2000. For this project, EPA has called on its long-standing

relationship with GSA to make things work. Most note-worthy in this regard was GSA’s assistance with tracking recycled purchases — a must for any successful affirmative procurement program

Keys to the success of the affirmative procurement program have been:

1. Involving the Right Players.

2. Planning.

3. Setting Reasonable Milestones and Time lines.

Affirmative Procurement Strategies

In May 1997, Naval Station San Diego assigned a contractor to develop strategies for interactive

affirmative procurement promotions and education. As a result, affirmative procurement presentations were conducted to supply personnel, contracting officers, comptroller representatives, procurement personnel, and hazardous material managers. Naval Station San Diego was able to

identify more than 60 affirmative procurement strategies, such as replacing timber pilings with

recycled plastic pier piling along a 5.5 mile waterfront and establishing a recycling center

administration and training center.

Part 4 - Acquisition Planning
tions performed by the EPA. The EPA may provide information and technical assistance to the

States to enable them to include such considerations in their inspection.

(d) The EPA shall report annually to the Federal

Environmental Executive on the results of inspections performed by the EPA to determine Federal

facility compliance with section 6002 of RCRA

not later than February 1st for those inspections

conducted during the previous fiscal year.

Federal Facility Compliance

Sec. 403 of E.O. 13101 directed EPA to develop

guidance for inspections of Federal facilities for

compliance with the buy-recycled requirements

of RCRA section 6002. The guidance is to be

used by EPA whenever the Agency conducts

RCRA inspections or multi-media inspections

that include a RCRA component. The E.O. further directed EPA to encourage states authorized to conduct RCRA inspections to use the

guidance and evaluate Federal facility compliance with RCRA section 6002.

EPA completed and distributed the guidance to

its regional offices in May of 1999. Appendix K

contains a copy of the guidance. EPA began

inspecting Federal facilities for compliance with

RCRA section 6002 in the last quarter of fiscal

year 1999.

For the first year, inspections will focus primarily on information collection. Inspections will

include distribution of a questionnaire to the

facility and inspection of the facility vehicle

maintenance facilities, when appropriate, for

compliance with the requirements to use rerefined engine lubricating oil, retread tires, and

recycled engine coolant.

The questionnaire contains a matrix addressing

facility familiarity with the buy-recycled

requirements and the facility’s purchase and use

of the EPA-designated recycled content products. The questionnaire requests that the facility

environmental manager, in coordination with

the facility procurement manager, provide a

32

Vehicle Maintenance 

Closed Loop Programs

The Vehicle Maintenance Shop at Seymour

Johnson Air Force Base is responsible for servicing 617 vehicles plus the pre- and post-deployment processing of an additional 300 vehicles.

Vehicle Maintenance personnel forged close

partnerships with local businesses that have

resulted in closed loop recycling programs for

the installation’s used oil, tires, and anti-freeze.

The Vehicle Maintenance Shop can generate

8,000 to 9,000 gallons of used oil in a week-end

preparing fleet vehicles for deployment. In order

to handle both the normal volume of used oil

generated plus these periodic increased

amounts, the Vehicle Maintenance Shop contracted with a local vendor to remove used oil

and provide re-refined oil. This allows the shop

to eliminate used oil disposal costs and purchase re-refined oil.

The Vehicle Maintenance Shop has partnered

with a local company to retread the used tires

generated on the installation. Approximately 80

percent of the installation’s vehicle fleet is authorized to run on retread tires, including all of the

trucks. The only exception is high-speed vehicles. The retreads cost about half as much as

new tires, and each tire can be retreaded up to

two times before disposal. The Vehicle

Maintenance Shop estimates that the retreading

program saves the installation $30,000 annually

in avoided costs of new tire purchases and tire

disposal.

In December of 1997, the Vehicle Maintenance

Shop installed an ionization antifreeze recycling

system in order to recycle the antifreeze generated by the installation’s fleet. During the fourmonth period from November 1998 to February

1999, the base generated 17 55-gallon drums of

used antifreeze. By recycling on-site, rather than

disposing of the spent antifreeze, the vehicle

Maintenance Shop saved nearly $13,000 in new

product and disposal cost avoidance.

Part 4 - Acquisition Planning
response to each written question and complete

the matrix. Once completed, the entire package

is to be mailed to EPA Headquarters by the

facility within two weeks of the inspection.

EPA’s compliance assistance programs then will

use this information to promote Federal facility

awareness of, and compliance with, the buyrecycled requirements.

To ensure Federal facility compliance with

RCRA section 6002 in the future, EPA’s response

to non-compliance with that section may

change. EPA may begin to issue Notices of

Violation or enter into compliance agreements

with facilities for violations of RCRA section

6002 that are discovered during the inspections.

33

Part 4 - Acquisition Planning

Environmental Innovation

Deconstruction at Riverdale: Construction Materials Reuse

The Riverdale, MD Deconstruction Project was undertaken in 1997 by the U.S. EPA and the U.S.

Department of Housing and Urban Development, Maryland State Office to explore an economically

and environmentally preferable alternative to demolition. The Riverdale project consisted of

deconstructing a 2,000 square foot, 4 unit, residential building in an urban area of Baltimore

County, Maryland. U.S. EPA provided the funding and project management for the deconstruction work and analysis of results, U.S. HUD contributed the deconstruction site and participated in

project planning and management. The results of the project indicated that the deconstruction method preserved over 70% of the building materials for reuse or recycling by disassembling the building piece by piece.

The economic analysis indicated that deconstruction cost roughly $1.00 more per square foot (with an overlap

of 50 cents) than demolition, but was less harmful to the environment. In particular, the deconstruction

method reduces soil erosion and water supply impacts, conserves landfill space, saves energy by reducing the

need for new material production, and reduces airborne contaminants.

Examples

Following are examples of Closing the Circle Award winners that went beyond the ordinary to

increase recycling at Federal facilities or institute positive programs to increase their procurement of

green goods and services.
34

Part 4 - Acquisition Planning

Environmental

Innovation

First Green Post Office

By taking a proactive approach in

construction of healthy “green”

buildings, the United States Postal

Service is helping to protect the

environment, providing a healthy indoor environment for its customers and employees, and setting a standard for others to follow. The construction of a 26,000 square foot facility in Fort

Worth, TX was completed in 300 days. The initial goal of keeping the first cost within 10 percent of the average construction cost has been

met with cost savings expected from rain water

harvesting, energy efficient systems, and a compressed natural gas refueling station. The future

goal is to evaluate the green options for cost

availability, performance, and aesthetics during

the first year of occupancy and apply the lessons

learned to all future construction projects. 

Affirmative

Procurement

Opening New Doors to 

Biobased Products

Mr. Richard Holcombe, USDA headquarters, Washington, DC, through

his personal efforts and fortitude,

led a successful effort to gain recognition and

acceptance of a new type of Environmentally

Preferable Products, that is, Biobased Products,

in the new E.O. 13101. Many people in the federal environmental community had no clear idea of

what commercial biobased products are or how

they fit in with recycled and other EPP products.

The acceptance of a new idea was the major barrier Mr. Holcombe had to overcome during the

process of the E.O. rewrite to get these important products recognized and included. Because

he was successful in leading this effort, E.O.

13101 now includes biobased products in several sections. The impacts on influencing public

policy are far-reaching. Inclusion of biobased

products benefits not only the interests of the

environmental community, but also benefits the

United States farm, forest, and marine economy

and the consumer. 

Affirmative Procurement

Defense Automated Printing Service (DAPS) Revamps Procurement for 

20% Recycled Paper

Based on a DAPS survey conducted from October 1997 through May 1998 of all paper purchased

for its cost-per-copy and in-house operations, 63% of 1.25 billion sheets purchased was virgin

fiber. With these results, DAPS directed all operations to use 20% or greater postconsumer 

recycled paper by October 1998. Orders for virgin paper ceased effective June 1998. Waivers to

use virgin fiber had to meet the guidelines outlined in Executive Order (E.O.) 12873 and be approved by

DAPS. DAPS, part of the Defense Logistics Agency, Fort Belvoir, VA, negotiated with GSA to establish a

DAPS-wide recycled paper supply contract to increase availability and reduce cost. A follow up study was

conducted from October through November 1998 to assess the corrective measures to bring DAPS into compliance with E.O. 12873. The study’s results showed dramatic improvement in Affirmative Procurement: recycled paper purchased as a % of total monthly paper purchased increased from 37% to 97%.
Part 4 - Acquisition Planning

35

Sowing the Seeds 

for Change

Joint Service Pollution Prevention

Technical Library

The Joint Service Pollution

Prevention (P2) Library is the comprehensive DOD environmental

resource containing information on equipment,

technologies, and management practices that

assists installations in reducing or eliminating

waste generation, disposal, and release. The

Library is a cooperative effort by the Navy, Army,

Air Force, Marine Corps, Coast Guard, and

Defense Logistics Agency and is available on the

World Wide Web, on CD-ROM, and in a printed

version. In 1998, the Library had over 300,000

visits from both military and private organizations worldwide. Based on user’s feedback, the

“average” user found eight P2 alternatives and

saved 64 hours of research time. A Naval

Weapon Station reported the Library saved them

over $60,000, a Marine Corps Air Station also

reported savings of $60,000, and an Army Depot

reported savings of over $15,000. The Library is

sowing the seeds for change, as it provides

answers for virtually any installation’s P2 challenges. Come visit the Library at

http://enviro.nfesc.navy.mil/p2library/. The

award was presented to the Naval Facilities

Engineering Service Center, Port Hueneme, CA.

Sowing the Seeds 

for Change

Recycling Used Fluorescent Lamps

at Ohio Postal Facilities

Ohio Postal facilities won a Closing

the Circle Group Award in the category of “Sowing the Seeds for

Change” for “Recycling Used Fluorescent Lamps

at Ohio Postal Facilities.” More than 1,000

USPS facilities in Ohio have implemented a

Standard Operating Procedure to recycle all fluorescent lamps instead of putting them in landfills. In early 1995, Columbus Postal District, in

Ohio, was faced with the problem of properly

disposing of used or unwanted fluorescent and

high intensity discharge (HID) lamps. Knowing

that fluorescent and HID lamps contain hazardous metal halides and mercury, the Postal

Service facilities believed that landfilling these

lamps was not the best environmental practice.

The District developed a plan to collect, store,

and ship all spent fluorescent and HID lamps for

recycling. The new process was then shared to

cover the entire 1,028 Postal facilities in Ohio.

Since the inception of the plan in 1995, it is estimated that more than 46,000 spent lamps have

been recycled.
Sec. 501. Specifications, Product Descriptions,

and Standards. When developing, reviewing, or

revising Federal and military specifications,

product descriptions (including commercial

item descriptions), and standards, executive

agencies shall consider recovered materials and

any environmentally preferable purchasing criteria developed by the EPA, and ensure the criteria are complied with in developing or revising standards. Agencies shall report annually to

the FEE on their compliance with this section

for incorporation into the biennial report to the

President referred to in section 302(a)(2) of this

order. (a) If an inconsistency with section 6002

of RCRA or this order is identified in a specification, standard, or product description, the

FEE shall request that the Environmental

Executive of the pertinent agency advise the

FEE as to why the specification cannot be

revised or submit a plan for revising it within

60 days. 

(b) If an agency is able to revise an inconsistent

specification but cannot do so within 60 days,

it is the responsibility of that AEE to monitor

and implement the plan for revising it. 

Specifications, Product 

Descriptions, and Standards

When implementing an agency’s Affirmative

Procurement Program, RCRA and Executive

Order 13101 require contracts and specifications

appearing in them be modified to focus on the

use of recovered materials as much as possible.

Through specification revision, agencies proactively direct their efforts toward meeting procurement goals and objectives for EPA-designated items. This means that agencies must examine not only specifications, but policies, procedures, and solicitation language to ensure that

they purchase products containing the highest

levels of recovered materials practicable.

Agencies must eliminate clauses that prohibit

the use of recovered materials or that require

the use of virgin materials. Agencies also must

eliminate or revise clauses that create barriers to

the use of recycled-content products. While

such clauses are usually found in specifications,

they can also be found in policies, procedures,

and solicitation language.

Agencies should:

• Start with existing standards, definitions, and

percentages whenever possible, particularly

those recommended by EPA or established by

E.O. 13101 (i.e., postconsumer content standards for uncoated printing and writing

paper).

• For EPA-designated recycled content products, use EPA’s recommended minimum content levels. These levels are set high enough

to increase the use of recycled products but

not so high they exceed the capabilities of

existing technology or limit competition. By

36

GREENING THE GOVERNMENT

CLOSING THE CIRCLE

Part 5

Standards, Specifications, and

Designations of Items

The White House Task Force on Recycling convened a Contracts and Specifications Workgroup

to identify examples of solicitation, contract, and

specification language used successfully to purchase recycled content and environmentally

preferable products. The workgroup is examining construction, janitorial services, operations

and maintenance, leases, fleet management, and

cafeteria contracts.
establishing minimum content standards in

accordance with EPA’s recommendations,

agencies will satisfy the RCRA requirement to

buy products containing the highest percentage of recovered materials practicable.

• For environmentally preferable products, use

the EPP guiding principles developed by

EPA.

• For biobased products, use the USDA criteria

and informational listing of products.

• Talk to the user, as well as vendors, to develop aggressive but realistic standards for recycled content and learn about specification or

solicitation provisions that could be a barrier

to purchasing recycled content or environmentally preferable products.

• Emphasize performance specifications over

aesthetic specifications. The important factor

is how a recycled content or environmentally

preferable product will perform for a particular end use.

• Focus on postconsumer content, amount of

waste prevented, or performance-based measures as significant factors in making contract

award decisions.

• Amend bid solicitation documents and specifications to remove obstacles to using recovered material in the product or to purchasing

recycled content or environmentally preferable products. For example, an “all or none”

clause might preclude purchase of recycled

content products if some of the products

solicited in the bid are not available with

recycled content.

• Review and revise specifications as required

by Sec. 501 of E.O. 13101 and RCRA section

6002.

For More Information

Copies of Federal specifications are available

from:

GSA/FSS (3FPE-W)

Specifications Section, Suite 8100

470 L’Enfant Plaza, S.W.

Washington, DC 20407

phone: 202-619-8925

fax: 202-619-8978

Copies of military specifications are available

from:

Defense Automated Printing Service

Standardization Document Order Desk

Building 4D, 700 Robbins Avenue

Philadelphia, PA 19111-5094

phone: 215-697-2179

fax: 215-697-1462

Copies of the Government Printing Office’s

Government Paper Specification Standards are

for available for $11 from the Superintendent of

Documents, 202-512-1800. Reference stock number 021-000-00174-1.

Determining Procurement Standards

Government procurement often involves products or services that must meet specific, reliable

standards. Such standards are frequently available from private, voluntary standards bodies.

Whenever feasible and consistent with law,

Federal agencies are to rely on voluntary standards and work with voluntary standards organizations, according to policy defined in OMB

Circular A-119 and sec. 12(d) of the National

Technology Transfer and Advancement Act of

1995 (P.L. 104-113).

The American National Standards Institute

(ANSI) and its member groups publish standards on a wide variety of products. The

American Society for Testing and Materials

(ASTM), which is one of ANSI’s member

groups, has standards for both testing methods

and design. ASTM has developed performance

specification standards for various products,

37

Part 5 - Standards, Specifications and Designations of Items
including paint, road and paving materials,

paper, roofing, wood, packaging, rubber, soap,

equipment, business imaging products, tires,

and food. ASTM recently developed standards

for composite/plastic lumber. Several ASTM

definitions and specifications are specifically for

products containing recovered materials. ASTM

also has some specifications for use of recovered

materials in specified products, such as fly ash

in cement and concrete and glass cullet in fiberglass insulation. EPA references ASTM standards as appropriate in its recycled content

product purchasing guidelines.

Other specifications related to purchasing EPAdesignated recycled content products have been

developed by the American Concrete Institute

and the American Association of State Highway

and Transportation Officials.

The American Institute of Architects’

Environmental Resource Guide, proposes standards for energy efficiency, reduction of indoor

air pollution and recycled content in building

materials, and recommends design systems that

allow for future recyclability. To obtain a copy,

contact AIA’s bookstore at 202-626-7475.

The International Organization for

Standarization (ISO) 14000 Environmental

Management Standards are another tool which

may also contribute to greening the government. Several Executive agencies are already

exploring the use of the ISO 14001 standard for

Environmental Management Systems (EMS) in

Federal facilities. Use of this standard is consistent with the implementation of the Code of

Environmental Management Principles (CEMP)

developed for use by Federal facilities in conjunction with Executive Order 12856. Both

would allow facilities to establish management

systems which include environmental policies

and objectives, the identification of current environmental requirements and significant aspects,

documentation, opportunities for improvement,

etc. The testing of the 14001 standard and of the

CEMP by Federal facilities may offer valid

demonstrations and measurable environmental

performance resulting from an EMS. Other

applicable standards under development in the

14000 series include: environmental labeling,

environmental performance evaluation and life

cycle assessment. EPA and DOE co-chair an

Inter-Agency Working Group on ISO 14000

under the umbrella of the Inter-Agency

Committee on Standards Policy to coordinate

issues and questions among the agencies on ISO

14000. For more information contact: Mary

McKiel, Director of the EPA Voluntary

Standards Network, 202-260-3584.

Sec. 502. Designation of Items that Contain

Recovered Materials. In order to expedite the

process of designating items that are or can be

made with recovered materials, the EPA shall

use the following process for designating these

items in accordance with section 6002(e) of

RCRA. (a) The EPA shall designate items that

are or can be made with recovered material, by

promulgating amendments to the

Comprehensive Procurement Guideline (CPG).

The CPG shall be updated every two years or as

appropriate after an opportunity for public

comment. 

(b) Concurrent with the issuance of the CPG,

the EPA shall publish for comment in the

Federal Register Recovered Materials Advisory

Notices that present the range of recovered

materials content levels within which the designated items are currently available. These levels

shall be updated periodically, after opportunity

for public comment, to reflect changes in market

conditions. 

(c) Once items containing recovered materials

have been designated by the EPA in the CPG,

agencies shall modify their affirmative procurement programs to require that, to the maximum

extent practicable, their purchases of products

meet or exceed the EPA guidelines unless written justification is provided that a product is

not available competitively, not available

within a reasonable time frame, does not meet

appropriate performance standards, or is only

available at an unreasonable price. 

38

Part 5 - Standards, Specifications and Designations of Items
Designation of Items 

Containing Recovered Materials

In E.O. 13101, President Clinton directed EPA to

continue to use a streamlined process for designating additional items containing recovered

material, in order to increase the number of

products and update the recommended recycled

content levels more easily. EPA designates

products in the Comprehensive Procurement

Guideline (CPG) and provides recommendations for purchasing the designated products

containing recovered materials in Recovered

Materials Advisory Notices (RMANs). As of

late summer, 1999, EPA designated 54 products

or categories of products. The product designations and related content recommendations are

provided below and can also be viewed on

EPA’s CPG web site at www.epa.gov/cpg.

RCRA section 6002(c) and (i) specify that agencies must begin purchasing the designated

products containing recovered materials within

one year after EPA designates them. Agencies

thus have one year to review and revise their

affirmative procurement programs, specifications, and solicitations and to develop any policies needed to ensure that their purchasers are

aware of the buy-recycled requirements.

EPA’s RMANs recommend content levels for the

54 products plus 35 types of paper and paper

products. When appropriate, content levels are

specified as percentages of total recovered materials, percentages of postconsumer materials, or

a combination. In some cases (e.g., remanufactured toner cartridges), setting a content level is

inappropriate, and EPA recommends other procurement methods, such as contracting for

remanufacturing services. EPA plans to continue

to issue updates periodically to ensure the content levels reflect changes in the marketplace.

Through use of these guidelines, the Federal

Government hopes to expand its use of products with recovered materials and to help develop markets for them in other sectors of the

economy.

The CPG web site also contains the technical

background documents supporting the product

designations, fact sheets for each category of

products, and lists of vendors of the designated

products. For paper copies of these publications, contact the RCRA Hotline at (800) 424-

9346, or in the Washington, DC, metropolitan

area, (703) 412-9810.

39

Part 5 - Standards, Specifications and Designations of Items

Paper and paper products

Re-refined lubricating oils (engine oils,

hydraulic fluids, gear oils)

Retread tires

Engine coolants

Cement and concrete containing coal fly ash and/

or ground granulated blast furnace (GGBF) slag

Structural fiberboard

Laminated paperboard

Polyester carpet (face fiber)

Floor tiles (heavy duty/commercial use)

Patio blocks

Building insulation products

Shower and restroom dividers

Latex paint

Carpet cushion

Flowable fill

Railroad grade crossing surfaces

Traffic cones

Traffic barricades

Channelizers

Delineators

Flexible delineators

Playground surfaces

Running tracks

Plastic fencing

Park benches and picnic tables

Playground equipment

continued on next page

EPA’s Designated Recycled Content Products

(Note: Some products have been combined, so list doesn’t total 54 products)
Hydraulic mulch

Compost made from yard trimmings and/or

food waste

Garden hoses

Soaker hoses

Lawn and garden edging

Plastic lumber landscaping timbers and posts

Office recycling containers and office waste

receptacles

Plastic desktop accessories

Toner cartridges

Binders

Plastic trash bags

Printer ribbons

Plastic envelopes

Plastic clipboards

Plastic file folders

Plastic clip portfolios

Plastic presentation folders

Pallets

Absorbents and adsorbents

Industrial drums

Awards and plaques

Mats

Signs, sign supports, and posts

Manual-grade strapping

40

EPA’s Recycled Content Recommendations1

Designated Product Recovered Material Content Recommendations (%)

PAPER AND PAPER PRODUCTS

Uncoated Printing/Writing Papers

Reprographic paper 30 percent postconsumer fiber2

Offset paper 30 percent postconsumer fiber

Tablet paper 30 percent postconsumer fiber

Forms bond30 percent postconsumer fiber

White wove envelopes 30 percent postconsumer fiber

White/colored kraft envelopes 10-20 percent postconsumer fiber

Unbleached kraft envelopes 10 percent postconsumer fiber

Cotton fiber paper 30 percent postconsumer fiber

Text & cover paper 30 percent postconsumer fiber

Supercalendered paper 10 percent postconsumer fiber

Machine finished groundwood 10 percent postconsumer fiber

Papeteries (invitation paper) 30 percent postconsumer fiber

Check safety paper 10 percent postconsumer fiber

Coated Printing/Writing Papers

Coated printing paper 10 percent postconsumer fiber

Carbonless paper 30 percent postconsumer fiber

Part 5 - Standards, Specifications and Designations of Items

1 See page 66. 2 See page 66.
Bristols

File folders 30 percent postconsumer fiber

41

Dyed filing products (e.g., hanging folders,

accordion file folders)

20-50 percent recovered fiber, including 

20 percent postconsumer fiber

Cards (index, postal, and other) 50 percent recovered fiber, including 20 percent

postconsumer fiber

Pressboard report covers and binders 50 percent recovered fiber, including 20 percent

postconsumer fiber

Tags and tickets 20-50 percent recovered fiber, including 

20 percent postconsumer fiber

Newsprint 20-100 percent recovered fiber, including 

20-85 percent postconsumer fiber

Tissue and Towel Products

Bathroom tissue 20-100 percent recovered fiber, including 

20-60 percent postconsumer fiber

Paper towels 40-100 percent recovered fiber, including 

40-60 percent postconsumer fiber

Paper napkins 30-100 percent recovered fiber, including 

30-60 percent postconsumer fiber

Facial tissue 10-100 percent recovered fiber, including 

10-15 percent postconsumer fiber

General purpose industrial wipers 40-100 percent recovered fiber, including 

40 percent postconsumer fiber

Paperboard and Packaging

Corrugated containers

<300 psi 25-50 percent recovered fiber, including 

25-50 percent postconsumer fiber

300 psi 25-30 percent recovered fiber, including 

25-30 percent postconsumer fiber

Solid fiber boxes 40 percent postconsumer fiber

Part 5 - Standards, Specifications and Designations of Items

Designated Product Recovered Material Content Recommendations (%)
Industrial paperboard 

(e.g., tubes, cores, drums, and cans)

100 percent recovered fiber, including 

45-100 percent postconsumer fiber

42

Miscellaneous (e.g., pad backs, covered 

binders, book covers, mailing tubes, protective

packaging)

90-100 percent recovered fiber, including 

75-100 percent postconsumer fiber

Padded mailers 5-15 percent postconsumer fiber

Carrierboard 10-100 percent recovered fiber, including 

10-15 percent postconsumer fiber

Brown papers (e.g., wrapping paper and bags) 5-40 percent recovered fiber, including 

5-20 percent postconsumer fiber

Miscellaneous Paper Products

Tray liners 100 percent recovered fiber, including 50-75 percent postconsumer fiber

VEHICULAR PRODUCTS

Re-refined lubricating oils 

(engine oils, hydraulic fluids, gear oils)

25 percent re-refined oil in the basestock

Retread tires Purchase retread tires and/or tire retreading

services

Engine coolants Reclaim spent engine coolant on-site or 

establish a service contract for reclamation 

of spent coolant

CONSTRUCTION PRODUCTS

Cement and concrete containing coal fly ash 20-40 percent coal fly ash, in accordance with

ASTM and AASHTO specifications, depending

on usage

Cement and concrete containing ground granulated blast furnace (GGBF) slag25-50 percent GGBF slag, in accordance with

ASTM and AASHTO specifications, depending

on usage

Part 5 - Standards, Specifications and Designations of Items

Designated Product Recovered Material Content Recommendations (%)

Folding cartons 100 percent recovered fiber, including 

40-80 percent postconsumer fiber

Structural fiberboard 80-100 percent recovered materials

Laminated paperboard 100 percent postconsumer paper
Patio blocks 90-100 percent postconsumer rubber or 

90-100 percent recovered plastic

43

Polyester carpet (face fiber) 25-100 percent postconsumer materials

Floor tiles (heavy duty/commercial use) 90-100 percent postconsumer rubber or 90-100

percent recovered plastic

Building Insulation Products

Cellulose 75 percent postconsumer paper

Fiberglass 20-25 percent recovered glass

Rock wool 75 percent recovered slag

Perlite composite board23 percent postconsumer paper

Plastic rigid foam

(polyisocyanurate/polyurethane)

9 percent recovered materials

Plastic foam-in-place

(Polyisocyanurate/polyurethane)

5 percent recovered materials

Plastic rigid foam (Glass-fiber reinforced) 6 percent recovered materials

Plastic rigid foam (Phenolic) 5 percent recovered materials

Plastic 20-100 percent recovered materials, including

20-100 percent postconsumer plastic

Latex paint

Reprocessed white, off-white, and pastel 

colors

20 percent postconsumer latex paint

Non-woven plastic batt 100 percent recovered and/or postconsumer

materials

Shower and restroom dividers

Steel Either 25 percent recovered materials, including

16 percent postconsumer materials or 

100 percent recovered materials, including 

67 percent postconsumer materials

Part 5 - Standards, Specifications and Designations of Items

Designated Product Recovered Material Content Recommendations (%)
Jute 40 percent postconsumer materials

44

Synthetic fibers 100 percent recovered materials

Rubber 60-90 percent recovered materials, including 

60-90 percent postconsumer materials

Flowable fill containing coal fly ash and/or 

ferrous foundry sands

Refer to Tables C-9a, C-9b, and C-9c in EPA’s

RMAN III and American Concrete Institute

report ACI 229R-94

Railroad grade crossing surfaces

Coal fly ash 15-20 percent recovered materials

Rubber 85-95 percent recovered materials

Steel Either 25 percent recovered materials, including

16 percent postconsumer materials or 100 

percent recovered materials, including 67 

percent postconsumer materials

TRANSPORTATION PRODUCTS

Traffic cones 50-100 percent recovered rubber or plastic

Traffic barricades

Plastic 100 percent recovered plastic, including 

80-100 percent postconsumer materials

Fiberglass 100 percent recovered fiberglass

Steel Either 25 percent recovered materials, including

16 percent postconsumer materials or 

100 percent recovered materials, including 

67 percent postconsumer materials

Part 5 - Standards, Specifications and Designations of Items

Designated Product Recovered Material Content Recommendations (%)

Reprocessed grey, brown, earthtones, and 

other dark colors

50-99 percent postconsumer latex paint

Consolidated latex paint 100 percent postconsumer latex paint

Carpet cushion

Bonded polyurethane 15-50 percent recovered materials, including 

15-50 percent postconsumer materials
PARK AND RECREATION PRODUCTS

45

Delineators 25-90 percent postconsumer plastic or 

100 percent rubber (base only) or, for the steel

base only, either 25 percent recovered materials,

including 16 percent postconsumer materials or

100 percent recovered materials, including 

67 percent postconsumer materials

Flexible delineators 25-85 percent postconsumer plastic

Channelizers 25-95 percent postconsumer plastic or 

100 percent rubber (base only)

Playground surfaces 90-100 percent postconsumer rubber or plastic

Running tracks 90-100 percent postconsumer rubber or plastic

Plastic fencing 90-100 percent recovered materials, including

60-100 percent postconsumer plastic

Park benches and picnic tables

Plastic 100 percent recovered materials, including 

90-100 percent postconsumer materials

Plastic composites 100 percent recovered materials, including 50-

100 percent postconsumer materials

Aluminum 25 percent postconsumer materials

Concrete 15-40 percent recovered materials

Steel Either 25 percent recovered materials, including

16 percent postconsumer materials or 

100 percent recovered materials, including 

67 percent postconsumer materials

Playground equipment

Plastic 100 percent recovered materials, including 

90-100 percent postconsumer materials

Plastic composites 95-100 percent recovered materials, including

50-75 percent postconsumer materials

Part 5 - Standards, Specifications and Designations of Items

Designated Product Recovered Material Content Recommendations (%)
Garden hoses 60-65 percent postconsumer rubber and/or

plastic

46

Soaker hoses 60-70 percent postconsumer rubber and/or

plastic

Lawn and garden edging 30-100 percent recovered materials, including

30-100 percent postconsumer plastic and/or

rubber

Plastic lumber landscaping timbers and posts

HDPE 75-100 percent recovered materials, including

25-100 percent postconsumer materials

Mixed plastics/sawdust 100 percent recovered materials, including 

50 percent postconsumer materials

HDPE/fiberglass 95 percent recovered materials, including 

75 percent postconsumer materials

Other mixed resins 95-100 percent recovered materials, including

50-100 percent postconsumer materials

NON-PAPER OFFICE PRODUCTS

Office recycling containers and 

office waste receptacles

Plastic 20-100 percent postconsumer plastic

Part 5 - Standards, Specifications and Designations of Items

Designated Product Recovered Material Content Recommendations (%)

Steel Either 25 percent recovered materials, 

including 16 percent postconsumer materials 

or 100 percent recovered materials, including 

67 percent postconsumer materials

Aluminum 25 percent postconsumer materials

LANDSCAPING PRODUCTS

Compost made from yard trimmings and/or 

food waste

(1) Purchase compost made from yard 

trimmings and/or food waste or (2) establish a

composting system

Hydraulic mulch 100 percent postconsumer paper or blend of 

100 percent recovered wood and/or paper
Chipboard, paperboard, or pressboard binders

or binder components

Use the content levels recommended for paper

products (i.e., miscellaneous paperboard 

products, paperboard, pressboard)

47

Plastic desktop accessories 25-80 percent postconsumer polystyrene

Paper Use the content levels recommended for paper

products (e.g., corrugated or paperboard)

Steel 25 percent recovered materials, including 

16 percent postconsumer materials

Toner cartridges Purchase remanufactured toner cartridges OR

establish cartridge remanufacturing services

contract OR purchase new cartridges containing

recovered materials

Binders

Plastic-covered binders 25-50 percent recovered plastic in the plastic

cover

Solid plastic binders

HDPE 90 percent postconsumer materials

PE 30-50 percent recovered materials, including 

30-50 percent postconsumer materials

PET 100 percent postconsumer materials

Misc. plastics 80 percent postconsumer materials

Plastic trash bags 10-100 percent postconsumer plastic

Printer ribbons Purchase printer ribbon reinking or reloading

services OR purchase reinked or reloaded 

printer ribbons

Plastic envelopes 25-35 percent recovered plastic, including 

25 percent postconsumer plastic

Plastic clipboards

HDPE 90 percent postconsumer materials

PS 50 percent postconsumer materials

Part 5 - Standards, Specifications and Designations of Items

Designated Product Recovered Material Content Recommendations (%)
Sorbents

48

Paper 100 percent recovered materials, including 

90-100 percent postconsumer materials

Textiles 95-100 percent recovered materials, including

95-100 percent postconsumer materials

Plastics 25-100 percent recovered materials

Wood100 percent recovered materials

Other organic/multi-materials 100 percent recovered materials

Industrial drums

Steel 25 percent recovered materials, including 

16 percent postconsumer materials

Plastic (HDPE) 30-100 percent recovered materials, including

30-100 percent postconsumer materials

Fiber 100 percent postconsumer materials

Awards and plaques

Glass 100 percent recovered materials, including 

75-100 percent postconsumer materials

Misc. plastics 15-80 percent recovered materials, including 

15 percent postconsumer materials

Plastic file folders (HDPE) 90 percent postconsumer materials

Plastic clip portfolios (HDPE) 90 percent postconsumer materials

Plastic presentation folders (HDPE) 90 percent postconsumer materials

MISCELLANEOUS PRODUCTS

Plastic lumber 100 percent postconsumer plastic

Pallets

Wooden 95-100 percent postconsumer wood

Thermoformed plastic 25-50 percent postconsumer plastic

Paperboard50 percent postconsumer paper

Part 5 - Standards, Specifications and Designations of Items

Designated Product Recovered Material Content Recommendations (%)
Plastic 80-100 percent recovered materials, including

80-100 percent postconsumer materials

49

Wood100 percent recovered materials

Paper 40-100 percent recovered materials, including

40-100 percent postconsumer materials

Plastic and plastic/wood composites 95-100 percent recovered materials, including

50-100 percent postconsumer materials

Mats

Rubber 85-100 percent recovered materials, including 

75-100 postconsumer materials

Plastic 100 percent recovered materials, including 

10-100 percent postconsumer materials

Rubber/plastic composite 100 percent postconsumer materials

Signs

Aluminum 25 percent postconsumer materials

Plastic 80-100 percent recovered materials, including

80-100 percent postconsumer materials

Sign supports and posts

Steel Either 25 percent recovered materials, including

16 percent postconsumer materials or 

100 percent recovered materials, including 

67 percent postconsumer materials

Manual-grade strapping

Polyester 50-85 percent recovered materials, including 

50-85 percent postconsumer materials

Polypropylene 10-40 percent recovered materials

Steel Either 25 percent recovered materials, 

including 16 percent postconsumer materials 

or 100 percent recovered materials, including 

67 percent postconsumer materials

Part 5 - Standards, Specifications and Designations of Items

Designated Product Recovered Material Content Recommendations (%)
Who Must Buy 

EPA-Designated Products?

Under RCRA, the buy-recycled requirements

apply to Federal, state, and local agencies and

their contractors.

• Federal agencies are considered as a whole

and are always procuring agencies. For example, the entire Department of Defense is a

procuring agency for RCRA applicability purposes. Separate services, branches, or facilities

do not constitute separate procuring agencies.

• A State or local agency is a procuring agency

when it uses Federal funds for a procurement

of an EPA-designated item. The Federal funds

can include grants, loans, cooperative agreements, or other accounts or projects which are

derived from Federal funds.

• Contractors are designated as procuring

agencies when they are contracting with

Federal, state, or local agencies using Federal

funds for a procurement. State and local governments and their contractors, when funded

by Federal dollars, are subject to procurement

preference for products containing recycled

materials (OMB Circular A-102, revised

October 7, 1994). The Federal Acquisition

Regulation (FAR) also requires contractors to

submit paper documents relating to acquisition to be printed/copied double sided on

recycled paper. (For more information, see

Appendix F.)

• Only Government agencies and their contractors are, or can become procuring agencies.

Private party recipients of Federal loans,

grants, or funds under cooperative agreements are not procuring agencies.

Sec. 503. Guidance on Acquisition of

Environmentally Preferable Products and

Services. (a) The EPA shall develop guidance

within 90 days from the date of this order to

address environmentally preferable purchasing.

The guidance may be based on the EPA’s

September 1995 Proposed Guidance on the

Acquisition of Environmentally Preferable

Products and Services and comments received

thereon. The guidance should be designed for

Government-wide use and targeted towards

products and services that have the most effect.

The guidance may also address the issues of use

of the technical expertise of non-governmental

entities and tools such as life cycle assessment

in decisions on environmentally preferable purchasing. The EPA shall update this guidance

every 2 years, or as appropriate. 

(b) Agencies are encouraged to immediately test

and evaluate the principles and concepts contained in the EPA’s Guidance on the

Acquisition of Environmentally Preferable

Products and Services through pilot projects to

provide practical information to the EPA for

further updating of the guidance. Specifically: 

(1) These pilot projects shall be focused around

those product and service categories, including

printing, that have wide use within the Federal

Government. Priorities regarding which product

and service categories to pilot shall be developed by the individual agencies and the EPA, in

consultation with the OFPP, the FEE, and the

appropriate agency procurement executives. Any

policy disagreements shall be resolved by the

Steering Committee. 

(2) Agencies are encouraged to use all of the

options available to them to determine the

environmentally preferable attributes of products and services in their pilot and demonstration projects, including the use of technical

expertise of non-governmental entities such as

labeling, certification, or standards-developing

organizations, as well as using the expertise of

the National Institute of Standards and

Technology. 

(3) Upon request and to the extent practicable,

the EPA shall assist executive agencies in

designing, implementing, and documenting the

results of these pilot and demonstration projects. 

50

Part 5 - Standards, Specifications and Designations of Items
(4) The EPA, in coordination with other executive agencies, shall develop a database of information about these projects, including, but not

limited to, the number and status of pilot projects, examples of agencies’ policy directives,

revisions to specifications, solicitation procedures, and grant/contract policies that facilitate

adoption of environmentally preferable purchasing practices, to be integrated on a commonly available electronic medium (e.g.,

Internet Web site). These data are to be reported

to the FEE. 

(c) Executive agencies shall use the principles

and concepts in the EPA Guidance on

Acquisition of Environmentally Preferable

Products and Services, in addition to the

lessons from the pilot and demonstration projects, to the maximum extent practicable, in

identifying and purchasing environmentally

preferable products and services and shall modify their procurement programs as appropriate. 

Environmentally 

Preferable Products

Environmental preferability is defined as

“...products and services that have a lesser or

reduced effect on human health and the environment when compared with competing products or services that serve the same purpose.”

To assist agencies in determining what constitutes environmental preferability, Section 503 of

the Executive Order required EPA to develop

final guidance on purchasing environmentally

preferable products and services. The Executive

Order permitted the guidance to be based on

“...EPA’s September 1995 Proposed Guidance on

the Acquisition of Environmentally Preferable

Products and Services and the comments

received thereon.” Additionally, the Executive

Order encourages agencies to test and evaluate

the principles and concepts outlined in the

guidance by initiating pilot projects on products

and services that are widely used within the

Federal government. The guidance and the

results from the pilot projects will provide the

government with the foundation needed to

identify and purchase environmentally preferable products. 

The Guidance

A copy of EPA’s Final Guidance on

Environmentally Preferable Purchasing can be

found in Appendix M. The final guidance draws

on the procurement experiences of the agencies,

the environmental expertise of EPA, and others

both within and outside of the government,

including non-governmental entities. Using five

(5) recommended principles as a guideline,

agencies are given an operating basis from

which to determine the preferability of a product or a service.

Extracted from the proposed guidance, the principles are as follows:

• Guiding Principle 1: Environment + Price +

Performance = Environmentally Preferable

Purchasing

Environmental considerations should become

part of normal purchasing practice, consistent

with such traditional factors as product safety,

price, performance, and availability.

• Guiding Principle 2: Pollution Prevention

Consideration of environmental preferability

should begin early in the acquisition process

and be rooted in the ethic of pollution prevention, which strives to eliminate or reduce, up

front, potential risks to human health and the

environment.

• Guiding Principle 3: Life Cycle

Perspective/Multiple Attributes

A product or service’s environmental preferability is a function of multiple attributes from a life

cycle perspective.

• Guiding Principle 4: Magnitude of Impact

Determining environmental preferability may

involve comparing environmental impacts. In

comparing environmental impacts, Federal

agencies should consider: the reversibility and

51

Part 5 - Standards, Specifications and Designations of Items
EPP Pilot Projects

Part 5 - Standards, Specifications and Designations of Items

geographic scale of the environmental impacts,

the degree of difference among competing products or services, and the overriding importance

of protecting human health.

• Guiding Principle 5: Environmental

Performance Information

Comprehensive, accurate, and meaningful information about the environmental preferability of

a product or service is necessary in order to

determine environmental preferability.

Determining the environmental preferability of

a product or service is an evolving process. The

guidance establishes the foundation for applying the principles to pilot projects conducted by

agencies. The results from these pilot projects

will strengthen the foundation and provide

direction to other agencies seeking to purchase

environmentally preferable products or services.

The EPP Program offers case studies of agency

pilot projects for purchasing environmentally

preferable products and services. For a current

list, refer to the website: http://www.epa.gov/

opptintr/epp/fedpilotprojects.html.

The Department of the Interior, upon learning that their styrofoam cafeteria ware was being disposed

of instead of being recycled, began its search for an alternative. DOI’s efforts have been to eliminate

as much as possible its cafeteria-related waste stream by providing either reusable (washable) or

recyclable cafeteria products for its customers' use. 

DOI is now working with EarthShell Corporation, manufacturers of starch-based cafeteria ware, to pilot test

compostable alternative products (plates and bowls initially) at its headquarters’ cafeteria. DOI currently

purchases approximately 28,000 polystyrene plates, bowls and cups monthly. Based on the success of the

pilot, DOI will look at other compostable food service items, such as flatware from BioCorp, and will also try

to replicate the program at other parts of Interior. EarthShell will soon be supplying sandwich containers to

McDonald’s Corporation, and BioCorp is currently supplying items to some McDonald’s locations in Europe.

DOI’s demand will help to bring the starch-based products to the marketplace. DOI is testing the compostability of the EarthShell products at USDA's Beltsville Agricultural Research Center and is also working to

identify a facility to compost the used cafeteria ware and food waste to close the loop, which will help to

reduce DOI’s disposal fees.

EPA is preparing to "green" its photocopiers. With the help of the Office of Administration and

Resources Management, as well as the EPP program staff, the agency is selecting environmental

attributes for inclusion in its new photocopier contracts. Some environmental attributes will be

mandatory while others will be optional.

A preliminary list has been developed based on the attributes used by other countries, including Japan,

Spain, Germany, and Norway, when they purchase copiers. The list also includes information adapted from

the standards for copiers developed by environmental certification organizations like Green Seal.
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Part 5 - Standards, Specifications and Designations of Items

Resources

For more information on Environmentally

Preferable Purchasing, visit EPA’s EPP Program

web site: www.epa.gov/opptintr/epp. This

comprehensive web site serves as the main

repository of information and resources related

to environmentally preferable purchasing,

including:

• Publications such as case studies, program

updates, and fact sheets.

• Interactive features designed to elicit information exchange, such as topical discussion

forums, a listing of upcoming events, a bulletin board for posting questions and comments and sharing users' experiences, as well

as tools that have been helpful in implementing EPP.

• A list of top 20 prioritized product and service categories selected because they represent large volume Federal procurements with

environmental impacts, along with a description of the methodology used. This list is provided to assist Executive agencies in selecting

pilots that will have the most effect.

The site will also include training modules, a

collection of promising green contracting practices, and a database of existing environmental

standards, specifications, and contract language.

For a copy of the Final EPP Guidance, see

Appendix M of this document.

Greening Uncle Sam (GUS) is a suite of tools

being developed by EPA and consists of the following:

• EPP Database -– Anyone looking for existing

environmental attribute information (e.g.,

environmental standards and guidelines or

contract language) will find it in the EPP

Database. The database includes product-specific information developed by domestic and

international government programs, as well

as third parties. Users will be able to browse

the database or search for specific product

categories. Users also will be encouraged to

submit their own information so the database

can be updated continually. The database can

be accessed through the EPP web site,

www.epa.gov/oppintr/epp. Look for "Tools"

under "How to Do EPP."

• General Training Tool – Basic EPP principles,

along with some more in-depth applications

of EPP, will be introduced in an entertaining

multimedia format. Users will be able to

watch, listen, and learn as EPP is explained

with audio narration and animated graphics.

(Users without data streaming and/or sound

speaker capabilities will be able to visit

accompanying web pages with the same textbased information.)

• Pioneer/"How to Do EPP" Training Tool –

Also in multimedia format, this tool will prepare EPP "pioneers" for purchasing products

or services not yet tackled by others. The tool

provides the needed steps to identify appropriate environmental attributes for a chosen

product or service and to navigate the procurement process within an organization. 

• Promising Practices Guide to Greener

Contracting – Initially this tool will include a

series of short case studies highlighting successful EPP strategies implemented by several Federal agencies. Users will learn how others got started, what challenges were overcome, and how to duplicate their successes.

Eventually the guide will include detailed

For copies of EPA’s Final

Guidance on Environmentally

Preferable Purchasing, contact

The Pollution Prevention

Information Clearinghouse 

at (202) 260-1023.
54

Part 5 - Standards, Specifications and Designations of Items

information about how recent changes to the

Federal Acquisition Regulation facilitate environmental purchasing. It also will include

standard EPP language to insert into Federal

purchasing contracts.

• Green Conferencing Tool – This multimedia

tool will assist planners and service providers

(e.g., hotels, printers, caterers) to recognize

green meeting and conference opportunities

and practice them. The tool will provide planners with a comprehensive overview of the

green opportunities within each of the different stages, products, and services involved in

conference planning. For each opportunity,

the economic and logistical impacts are analyzed. The tool also will include checklists

and sample contract language. 

Pentagon and EPA Building Projects

Renovation and repair of the parking lot at the Pentagon

The Pentagon parking lot is the largest surface parking lot in the world. This joint Department of

Defense/EPA pilot project used contract language to encourage the paving contractor to search out paving

products that have environmental benefits including reduced energy consumption, and increased use of

postconsumer and other recovered materials. This project started in FY96 and will continue at least through

the five-year term of the contract.

The Pentagon has 227,934 square feet of parking lots and roadways that were repaved with products that

contain positive environmental attributes, without paying more or sacrificing quality, including the following:

• 3,328 tons of recycled asphalt;

• 1,031 tons of recycled concrete;

• 300 cubic yards of concrete containing recovered materials;

• 3,558 linear feet of recovered glass for reflective surfaces;

• 5,200 linear feet of rubber made of recovered tires; and

• 3,558 linear feet of paint that contains less smog-promoting compounds.

Renovation of interior office space in the Pentagon

As a follow-on to the parking lot project, the DoD/EPA pilot project team developed innovative contract specifications to incorporate environmental considerations into product choices in a renovation contract for interior office space. A key element of this pilot project involved training Pentagon facility managers in evaluating construction materials such as paints, carpeting, and ceiling tiles for their environmental attributes.

Begun in FY97, the project will continue throughout the 10-year term of the contract.

Greening EPA buildings

To further highlight the role of the Federal government in demonstrating "green" buildings practices, EPA

also published Leading by Example, a case study that compares the Agency’s own experiences developing

its two largest and newest facilities, the Research Triangle Park, NC, Laboratory and Office Complex, and the

new EPA Headquarters in the Federal Triangle area of Washington, DC. This case study focuses on the features of these tow campuses that contribute to sustainability.
Sec. 504. Designation of Biobased Items by the

USDA. The USDA Biobased Products

Coordination Council shall, in consultation

with the FEE, issue a Biobased Products List.

(a) The Biobased Products List shall be published in the Federal Register by the USDA

within 180 days after the date of this order and

shall be updated biannually after publication to

include additional items. 

(b) Once the Biobased Products List has been

published, agencies are encouraged to modify

their affirmative procurement program to give

consideration to those products. 

Biobased Products

Section 504 of Executive Order 13101 requires the

USDA Biobased Products Coordination Council

(BPCC), in consultation with the FEE, to publish

a Biobased Products List and to update the list

biannually to include additional items. A

biobased product is defined in the E.O. as “a

commercial or industrial product, other than

food or feed which uses biological products or

renewable domestic agricultural (plant, animal

and marine, or forestry) materials.” USDA is

publishing a list of criteria for biobased industrial

products and is seeking public comment before

publishing the actual list of products by company name. (See attachment L for a copy of the

Federal Register notice.) 

Biobased products can offer many distinct environmental, energy, and resource conservation

advantages and expand the nation’s capabilities

to take advantages of new and innovative technologies. USDA has invested in, and continues

to support, research, development, and commercialization of industrial products made from agricultural materials or by-products. Many of these

products offer many performance advantages

over conventional items, such as enhanced quality, durability, flexibility, and strength. They are

also biodegradable when appropriate. Often,

these products are preferable to those made from

petroleum or other non-renewable sources.

Examples of products currently commercially

available include: absorbents derived from lowvalue wool or cotton linters, adhesives derived

from plants, all purpose cleaners made from

plant enzymes, construction materials made from

wheat straw or other plant fibers, lubricants from

oil seed crops, paints and coatings with seed oil

based materials, renewable fiber papers, and various uses for vegetable starches.

Section 504 (b) of E.O.13101 encourages Federal

agencies to modify their affirmative procurement program to give consideration to biobased

55

Part 5 - Standards, Specifications and Designations of Items

Help for purchasers and manufacturers 

of products with environmental attributes

Manufacturers and vendors of products often place environmental claims on the products and/or the product packaging. Because these claims sometimes were unclear or over-stated, the Federal Trade Commission

(FTC) issued its Guides for the Use of Environmental Marketing Claims. The Guides provide general principles for environmental marketing claims and specific guidance for the following claims: recyclable, recycled

content, degradable/biodegradable/photodegradable, compostable, source reduced, refillable, and ozone

safe/ozone friendly. Although these Guides are advisory in nature, they do provide the basis for voluntary

compliance with Section 5 of the FTC Act, which makes unlawful deceptive acts and practices, including

advertising or labeling that is false or misleading. The Guides provide examples of claims that are acceptable

and claims that are considered to be deceptive. This format is very user-friendly and provides valuable information to both the manufacturer and purchaser of such products. Appendix I of this publication contains a

copy of the FTC’s Environmental Marketing Guides.
56

Part 5 - Standards, Specifications and Designations of Items

products. Companies producing biobased products continue to work with the General Services

Administration and the Defense Logistics

Agency to assure their products are included in

the various Federal purchasing schedules and

data bases. 

In the 1996 Farm Bill, (section 729 of the Federal

Agricultural Improvement and Reform Act, P.L.

104-127, Title VII, Subtitle A, Chapter 2, Section

1657c which amended section 1665 of the Food,

Agriculture, Conservation and Trade Act of 1990

(7 U.S.C. 5909), procurement preference was

given to those biobased products supported by

investments from USDA’s Alternative

Agricultural Research and Commercialization

Corporation (AARCC). This unique venture

capital organization makes equity investments

in small businesses to commercialize biobased

industrial products from agricultural materials.

The preference language is currently only in the

Agricultural Acquisition Regulations (AgAR)

and is found in the Federal Register of May 15,

1998 starting on page 26994.

USDA will cooperate in linking information on

biobased products to the EPP data base.

Having a broad range of renewable biobased

products available for purchase will help

Federal agencies successfully meet their environmental goals and will stimulate research and

development of additional environmentally

friendly products and processes. Having a

greater variety of green products available

should also increase competition. Such products from renewable domestic resources will

give the U.S. a reliable supply of industrial

products for defense, industry, and the consumer. Increased use of biobased products will

move the U.S. to an economy based on biology,

and less on geology. Finally, commercialization

of biobased products will help diversify

American agriculture and bring sustainable economic development to rural communities.

Sec. 505. Minimum Content Standard for

Printing and Writing Paper. Executive agency

heads shall ensure that their agencies meet or

exceed the following minimum materials content standards when purchasing or causing the

purchase of printing and writing paper: (a) For

high speed copier paper, offset paper, forms

bond, computer printout paper, carbonless

paper, file folders, white wove envelopes, writing and office paper, book paper, cotton fiber

paper, and cover stock, the minimum content

standard shall be no less than 30 percent postconsumer materials beginning December 31,

1998. If paper containing 30 percent postconsumer material is not reasonably available,

does not meet reasonable performance requirements, or is only available at an unreasonable

price, then the agency shall purchase paper containing no less than 20 percent postconsumer

material. The Steering Committee, in consultation with the AEEs, may revise these levels if

necessary. 

(b) As an alternative to meeting the standards

in sections 505(a), for all printing and writing

papers, the minimum content standard shall be

no less than 50 percent recovered materials that

are a waste material byproduct of a finished

product other than a paper or textile product

that would otherwise be disposed of in a landfill, as determined by the State in which the

facility is located. 

(c) Effective January 1, 1999, no executive

branch agency shall purchase, sell, or arrange

for the purchase of, printing and writing paper

that fails to meet the minimum requirements of

this section. 

Minimum Content Standards 

for Printing and Writing Paper

Sec. 505 of Executive Order 13101 requires all

Federal purchases of specified uncoated printing and writing paper to contain a minimum of

30 percent postconsumer material as of

December 31, 1998. Agencies can purchase

paper containing 20 percent postconsumer
57

material if paper containing 30 percent postconsumer material is not reasonably available, does

not meet reasonable performance requirements,

or is only available at an unreasonable price.

There are no price, performance, or availability

exceptions to the 20 percent postconsumer content requirement.

To obtain copier paper that meets or exceeds the

postconsumer content standards in E.O. 13101,

use the following National Stock Numbers to

order from GSA:

National Stock Number Paper Size Comments

7530-01-335-2623 8 1/2 x 11 White, multipurpose

30POSTCOPIER 8 1/2 x 11 White, 20 lb.

7530-01-454-8006 8 1/2 x 11 White, Xerox brand

7530-01-398-2652 8 1/2 x 11 White, Archival quality

7530-01-398-2656 8 1/2 x 11 White bond, archival quality

7530-01-334-7817 8 1/2 x 14 White, multipurpose

7530-01-398-2653 8 1/2 x 14 White, Archival quality

7530-01-085-5225 8 1/2 x 17 White

7530-01-150-0334 8 1/2 x 11 Pink, JWOD

7530-01-148-1766 8 1/2 x 11 Buff, JWOD

7530-01-147-6812 8 1/2 x 11 Green, JWOD

7530-01-147-6811 8 1/2 x 11 Yellow, JWOD

7530-01-156-4689 8 1/2 x 11 Goldenrod, JWOD

7530-01-146-3361 8 1/2 x 11 Blue, JWOD

In addition to the above stock numbers, GSA

offers 30 percent postconsumer content paper

through its schedule program, on schedule 75

Part XI, SIN 466-14. Visit the White House Task

Force on Waste Prevention and Recycling’s web

site at www.ofee.gov for information about the

contractors, contract numbers, and brands

offered through this GSA schedule. 

To order postconsumer content copier paper

from the Government Printing Office, use specification JCP O-65 for 30 percent white or colored

copier paper or JCP O-70 for 100 percent content

with at least 50 percent postconsumer fiber.

EPA’s recommendations for purchasing paper

and paper products containing recovered materials can be found in two Recovered Materials

Advisory Notices. Agencies should use the recommendations in the first Paper Products

RMAN, published on May 29, 1996 (61 FR

26992), for purchasing all paper and paper

products except the specific uncoated printing

and writing papers listed in E.O. 13101. Paper

Products RMAN II, published on June 8, 1998

(63 FR 31214), incorporates the 30 percent postconsumer content standard established in the

E.O. All of EPA’s paper and paper products recommendations are shown in the table above.

Part 5 - Standards, Specifications and Designations of Items
Note that EPA’s recommendations are for postconsumer and recovered fiber, which is the

material recovered from used paper and

processed into new paper and paper products.

Purchase of a product containing 30 percent

postconsumer fiber satisfies the E.O. 13101

directive to purchase paper containing 30 percent postconsumer material.

In addition to recommending content levels, the

first Paper Products RMAN provides information on several issues which have surfaced since

the 1988 paper procurement guideline was

implemented. For example, a detailed method is

provided for calculating recycled content. In the

first Paper Products RMAN, EPA also suggests

that agencies consider how the papers they purchase affect the type and amount of paper waste

they generate. Agencies must understand that

colored paper will be a complicating factor in an

agency’s recycling program.

EPA recommendations can be viewed electronically on EPA’s CPG web site at

www.epa.gov/cpg. For paper copies of the

Paper Products RMANs, contact the EPA RCRA

Hotline (800) 424-9346.

Each of us makes purchasing decisions every

day. The federal government only buys two percent of all the copier paper sold in the United

States. Think of the positive impact on the environment if the remaining 98 percent of the copier paper sold contained recycled content.

Sec. 506. Revision of Brightness Specifications

and Standards. The GSA and other executive

agencies are directed to identify, evaluate, and

revise or eliminate any standards or specifications unrelated to performance that present barriers to the purchase of paper or paper products

made by production processes that minimize

emissions of harmful byproducts. This evaluation shall include a review of unnecessary

brightness and stock clause provisions, such as

lignin content and chemical pulp requirements.

The GSA shall complete the review and revision

of such specifications within 6 months after the

date of this order, and shall consult closely

with the Joint Committee on Printing during

such process. The GSA shall also compile any

information or market studies that may be necessary to accomplish the objectives of this provision. 

58

Part 5 - Standards, Specifications and Designations of Items

Executive Order 13101 directs all federal agencies to cease purchasing

copier paper unless it contains 30 percent recycled content. For

the paper industry alone, this decision will result in:

• 450,000 to 500,000 fewer trees cut down annually for paper 

production. 

• 16,000 tons of carbon absorbed annually by the trees that remain 

standing.

• 12 percent reduction in energy used in producing copier paper. 

• 14 percent average reduction in air emissions and greenhouse 

gases. 

• 13 percent reduction in the amount of solid waste requiring 

disposal. 

• 13 percent reduction in water pollutants.
Revision of Brightness

Specifications and Standards

Brightness, as a characteristic in paper specifications has often been seen as a barrier to supplying recycled content paper to the Government.

There are four sources for paper and paper

product specifications and standards for

Government use: (1) Joint Committee on

Printing (JCP) printing paper specification; (2)

GSA paper and paper product specifications; (3)

Government Printing Office (GPO) paper and

paper product specifications; (4) Military specifications. By statute, the JCP is responsible for

setting specifications for printing papers used

by Federal agencies. GSA is responsible for

preparing Federal specifications for non-printing papers and CIDs (Commercial Item

Descriptions) for the Federal government.” GPO

issues specialized printing paper and paper

product specifications for its own procurement

program. Military specifications are used in military procurements.

To comply with the brightness requirements of

Sec. 506 of E.O. 13101, the JCP has reviewed and

issued a revised Government Paper

Specification Standards Book (No. 11), dated

February 1999. The GPO has also completed its

review of all non-JCP printing paper specifications. Additional GPO/JCP paper product specifications are being reviewed and revised as an

ongoing project.

Although the Executive Order does not prohibit

the use of chlorine as a brightening agent, GSA

uses contract/solicitation language to allow

agencies to specify chlorine-free brightening in

their paper purchases. In GSA solicitations, the

following language appears: “...to obtain an

acceptable brightness a chemical bleaching

process may be used. When specified in the

ordering data, the bleaching process shall not

include the use of chlorine, chlorine dioxide,

hypochlorite, or other chlorine containing compound.”

Sec. 507. Procurement of Re-refined Lubricating

Oil and Retread Tires. (a) Agencies shall implement the EPA procurement guidelines for rerefined lubricating oil and retread tires. Fleet

and commodity managers shall take immediate

steps, as appropriate, to procure these items in

accordance with section 6002 of RCRA. This

provision does not preclude the acquisition of

biobased (e.g., vegetable) oils. 

(b) The FEE shall work to educate executive

agencies about the new Department of Defense

Cooperative Tire Qualification Program,

including the Cooperative Approval Tire List

and Cooperative Plant Qualification Program,

as they apply to retread tires. 

Procurement of Re-Refined

Lubricating Oil and Retread Tires

Used and discarded oil and tires present a significant environmental challenge to American

society. As a result of the passage of RCRA, EPA

undertook extensive research on the products

available and the technologies in those industries. Ultimately, EPA designated re-refined oil

and retread tires for Federal procurement in

1988. Unfortunately, acquisition of these recycled content products has been moving at a

glacial pace. According to data collected by the

Office of Management and Budget for Fiscal

Year 1997, Federal agency use of retread tires

was approximately 8 percent, a decline from the

FY95 level of 10 percent of Federal tire purchases. During this same time, Federal re-refined oil

purchases rose to 17 percent of all lubricating oil

purchases from six percent in FY95 and less

than one percent in 1993. The Federal government maintains over 300,000 vehicles (plus an

additional 200,000 Postal Service vehicles), and

logically, would be a good customer for rerefined oil and retread tires. As mentioned

above, lubricating oil and retread tires were two

of the first five “Guideline” Items listed by EFA

under RCRA “Buy-Recycled” requirements.

That meant Federal agencies purchasing lubricating oil and tires in excess of $10,000 a year

were obligated to purchase tire retreading ser59

Part 5 - Standards, Specifications and Designations of Items
Part 5 - Standards, Specifications and Designations of Items

vices or retread tires and to purchase lubricating

oils containing a minimum of 25 percent rerefined base stock.

Re-refined Oil

While prices may fluctuate slightly, re-refined

lubricating oil costs about the same as virgin

motor oil, and is a much better deal for the environment. Each year cars and trucks in America

produce over 1.3 billion gallons of used motor oil.

Eighty million gallons of this used oil is disposed

of improperly, contaminating our land and our

water supplies. Just one gallon of used oil-the

typical amount drained from one car’s crankcasecan contaminate a million gallons of fresh water.

This is also a significant waste of a valuable, nonrenewable resource. It takes about a barrel (42 gallons) of crude oil to yield 2.5 quarts of base stock

for lubricants. Re-refining just one gallon of used

motor oil recovers the same amount of base stock,

2.5 quarts. The cost to society of not being careful

stewards of this resource is significant, especially

in terms of our reliance on foreign oil imports and

the environmental damage by the improper disposal of used oil.

The good news is, oil never wears out! It just gets

dirty and can be readily recycled through technology similar to that used to refine crude oil.

In E.O. 12873, and again in E.O. 13101, Federal

agencies are directed to lead the way in procuring re-refined oil products. The Office of the

Federal Environmental Executive was given the

task of determining how to ensure agency compliance. Initially, agencies were slow to accept

re-refined motor oils and lubricants for their

vehicles. A concoction of myths had circulated

among procuring officials and end-users about

performance, availability, and the prospects of

vehicle engine warranties being voided if rerefined oil was used. The Office of the Federal

Environmental Executive was determined to

investigate, and if appropriate, “debunk” each

of these myths using the facts about re-refined

oil. As it turns out, the warranty point was not a

myth after all, and needed attention.

Most of the civilian Federal fleet of vehicles is

managed by GSA. As a result, GSA guidelines

are generally followed by other Federal agencies. Until February 1995, GSA’s written manual

prohibited the use of re-refined oil because the

oil’s performance was not certified by the

American Petroleum Institute (API), and it was

unclear whether use of re-refined oil would

void manufacturers’ warranties as issued by the

"Big Three" domestic auto makers. However, at

least four re-refined oil vendors sell API-certified products. With that knowledge, the Federal

Environmental Executive convened an “Oil

Summit” in December, 1994, with representatives of GSA fleet management, other Federal

agencies, oil manufacturers, and automakers. At

that meeting, the Big Three warrantied rerefined oil use in their vehicles as long as the oil

was properly certified by the API. The API

Starburst symbol would be used as the official

certification indicator. The warranty issue was

thereby resolved. Finally, on February 27, 1995,

GSA announced that re-refined oil, bearing the

Starburst symbol, should be used in Federal

vehicles (see Appendix E for warranty statements and GSA policy letter).

Now that these hurdles have been cleared,

Federal agencies must concentrate on increasing

Federal demand for re-refined oil. A key player

in the marketing strategy is DLA, because it’s a

major lubricating oil supplier to Federal organizations.

The Defense Supply Center Richmond offers

5W30, 10W30 and 15W40 re-refined lubricating

oils that meet commercial and military specifications. Ordering information is as follows:

60
61

Part 5 - Standards, Specifications and Designations of Items

Administrative Commercial Motor Oils

NSN Viscosity Unit of Issue FY00 Price

9150-01-422-9253 5W-30 Box of 12 quart bottles $11.84

9150-01-422-9326 5W-30 55 gallon drum $145.23

9150-01-413-6897 10W-30 Box of 12 quart bottles $10.16

9150-01-413-6892 10W-30 5 gallon container $17.54

9150-01-413-6990 10W-30 55 gallon drum $143.23

These oils meet the API “SH” performance classification, the International Lubricant Standardization

and Approval Committee “GF-1” standard, and are Energy Conserving II.

Heavy-Duty Diesel Commercial Motor Oils

NSN Viscosity Unit of Issue FY00 Price

9150-01-422-8899 15W-40 Box of 12 one-quart bottles $9.55

9150-01-422-8750 15W-40 5 gallon container $17.78

9150-01-422-8746 15W-40 55 gallon drum $151.54

9150-01-422-9250 30 Box of 12 one-quart bottles $11.60

9150-01-422-9247 30 5 gallon container $15.51

9150-01-422-8997 30 55 gallon drum $161.84

9150-01-422-8901 40 55 gallon drum $183.55

These oils are intended for use in diesel engines in tactical-wheeled vehicles, and are not intended for

use in transmissions or hydraulic systems. The 15W-40 meets the American Petroleum Institute (API)

“CF”, “CF-2” and “CG-4” performance classifications and the 30 and 40 grades meet the “CF” and

“CF-2” API performance classifications.
Part 5 - Standards, Specifications and Designations of Items

NSN Viscosity Unit of Issue FY00 Price

9150-01-421-1427 15W-40 1 Quart bottle $1.13

9150-01-421-1424 15W-40 5 gallon can $17.95

9150-01-421-1432 15W-40 55 gallon drum $177.35

This 15W-40 combat/tactical service engine oil has a 25 percent minimum re-refined base stock content and meets all the requirements of MIL-L-2104. In addition, it has been qualified by the US Army

Tank, Automotive, and Armaments Command for listing in the current qualified products list. The

15W-40 oil under this military specification meets the American Petroleum Institute’s (API) CD

II/CE/CF-4/SG performance levels.

MIL-L-2104 engine oils are designed for use in all combat and tactical, diesel and gasoline enginepowered ground vehicles and equipment, and include performance requirements for power shift

transmissions. This oil is also used in many hydraulic, power steering, power transmission, and gear

box applications, as specified by the lube orders.

62

DLA also offers a closed loop oil program that

combines used oil collection with supply of rerefined oil. Here is how the Closed Loop

Program works. Once a customer orders one of

the National Stock Numbers (NSNs) from the

Closed Loop Program they are automatically in

the program. (The current NSNs are listed on

the following page.) DSCR has contracted with

Safety Kleen Corporation to deliver the oil to

customers in the continental U.S. within seven

days of receipt of order. This program also

includes the pick-up of the used oil at no additional charge. All the customer has to do is call

1-800-525-5739 and they will have their used oil

picked up within 72 hours of the call. The program does not accept contaminated oils-basically not to exceed water content of 15% and very

little antifreeze should be in the oil.

For more information about the DSCR program,

contact Mr. Jim Fazzio by email at :

jfazzio@dscr.dla.mil or phone 

(804) 279-4908/DSN 695-4908.

Re-refined Tactical MIL SPEC Motor Oils
63

Part 5 - Standards, Specifications and Designations of Items

Closed-Loop Contract

NSN Viscosity Unit of Issue FY00 Price

9150-01-438-5875 10W-30* Box of 12 one-quart bottles $10.53

9150-01-438-5882 10W-30* 5 gallon container $16.11

9150-01-438-5891 10W-30* 55 gallon drum $146.66

9150-01-438-5933 10W-30* gallon (bulk) $2.29

9150-01-438-5905 15W-40** Box of 12 one-quart bottles $10.30

9150-01-438-6064 15W-40** 5 gallon container $16.04

9150-01-438-6066 15W-40** 55 gallon drum $148.36

9150-01-438-6071 15W-40** gallon (bulk) $2.35

9150-01-438-6076 15W-40*** 1 qt plastic $1.01

9150-01-438-6082 15W-40*** 5 gallon can $15.20

9150-01-438-6079 15W-40*** 55 gallon drum $159.57

9150-01-438-6084 15W-40*** gallon (bulk) $2.50

9150-01-460-7526 30W 1 qt plastic $1.00

9150-01-460-7536 30W 5 gallon container $15.20

9150-01-460-7518 30W 55 gallon drum $153.86

9150-01-460-7956 40W 55 gallon drum $155.30

9150-01-460-7897 30W gallon (bulk) $2.50

9150-01-460-7965 40W gallon (bulk) $2.61

*10W-30 iaw CID A-A-52039

**15W-40 iaw CID A-A-52306

***15W-40 iaw Military Specification MIL-L-2104

The 10W30 meets the American Petroleum Institute’s “SH” performance classification and the

International Lubricant Standardization and Approval Committee “GF-1” standard. The Mil Spec

15W40 meets all the requirements of MIL-L-2104 and has been qualified by the Army’s Mobility

Technology Center-Belvoir, Fort Belvoir, VA for listing in the current qualified products list. All oils

under this specification meet the American Petroleum Institute’s CD and CD-II performance levels.
Retread Tires

Approximately 240 million scrap tires are generated in America every year, about one for every

person in America. Many of these tires are discarded into landfills, not because there aren’t

better uses for them, but because we don’t have

markets for this potential resource. When discarded tires are thrown in above ground heaps,

they are not just an eyesore, but a potential

breeding ground for rats and mosquitoes. They

become major sources of air, water and soil pollution when they (all too frequently) catch fire.

Many people are surprised to learn the tires on

U.S. commercial aircraft, the tires on the fire

trucks and emergency vehicles protecting us,

and nearly all “over-the-highway” truck tires

are retreads - and have been for years. With a

history similar to that for re-refined oil, the

demand for the product has been problematic.

Could anyone really expect an alleged inferior,

unsafe product to sell? To make matters worse,

the supply/distribution network was not good.

However, GSA maintained a tire QPL and had a

Quality Assurance Facility Inspection Program

(QAFIP) to ensure high quality facilities are

available to retread our tires.

The Army’s Tank-automotive and Armaments

Command (TACOM) now manages the retread

tires program. TACOM offers a Military Retread

Program for tactical tires, a Cooperative Tire

Qualification Program (CTQP) for non-tactical

tires, and a retread facility inspection program,

called the Cooperative Plant Quality

Certification (CPQC). The CTQP applies to passenger car tires, light truck tires, truck and bus

tires, and off-road/low-speed tires. As with

GSA’s program, the CTQP tests tires using an

on-vehicle test. A Cooperative Approved Tire

List (CATL) is published for government use; it

lists all of the qualified manufacturers, manufacturer brand names, tread class, and codes by tire

group. The following table lists the retreaders

qualified as of February 1999. The CATL lists

the tire model or brand designations that are

qualified. See Appendix C for the company

addresses.

64

Part 5 - Standards, Specifications and Designations of Items

Tire Group Company Qualification Expiration Date

Group 1, Passenger Frank Fargo Tire &

Rubber Company January 1, 2000

Group 2, Light Truck Bandag Incorporated November 11, 2003

The Goodyear Tire & 

Rubber Company, 

Retread Division December 28, 2003

Hercules Tire & 

Rubber Company, 

Retread Division April 1, 2004

Oliver Rubber 

Company February 1, 2004

Group 3, Truck and Bus Bandag Incorporated January 1, 1999 (extended until next 

requalification run)

The Goodyear Tire 

& Rubber Company, 

Retread Division January 1, 2001
The environmental advantages to using retreads

are enormous. Some 22 gallons of oil are

required to manufacture a new truck tire,

whereas only 7 gallons are needed to retread

that same tire. That savings of 15 gallons of oil

per truck tire would translate to a savings of 258

million gallons of oil to be saved every year.

When considering all the various tire types,

retreading truck and other tires actually conserves more than 400 million gallons of oil

annually. New tires require 14,700 Btus of energy per pound of tire produced, whereas retreads

only need 2,200 Btus per pound. Capturing such

savings could be critically important in achieving and maintaining America’s oil independence.

65

Part 5 - Standards, Specifications and Designations of Items

Suppose you are driving to work in your car and you realize one of your tires is going flat. Without

exception, you will stop and change the tire. You may not like it especially if it is raining, snowing,

you are in a hurry, etc., but there is no way you can continue driving with a flat tire.

Now suppose you are driving an eighteen wheel tractor-trailer and you hear or feel a tire developing symptoms of trouble. Unless it’s a front (steering) tire and you have no choice but to stop, you should be able to

continue driving until you get to a truck stop where the tire can be changed more easily. After all, you have

seventeen other tires to keep the truck going. Plus, the cost of changing a tractor-trailer tire on the road is

between $400-500.

Now suppose the damaged tire is actually a brand new tire that had been installed just last week and had

never been near a retread factory. It was either defective or it happened to pick up a nail which caused it to

go flat. As you keep driving your eighteen wheeler to the truck stop, the damaged tire will continue to lose

air and overheat. If you drive long enough the tire will finally disintegrate and blow rubber pieces all over the

highway.

Now remember, we said the tire that came apart was a new tire that had never been near a retread factory.

But you can be certain the person in the car behind your truck will say, “Look at that! Another retread! There

ought to be a law against those things!”

So you see, the retread industry takes the blame for much of the rubber on the road although a large percentage of the “ugly alligators” comes from new tires which have never been retreaded.

Harvey Brodsky, Tire Retread Information Bureau

The Tire Retread Information Bureau would be happy to provide you with information and videos that will

help dispel retread myths. Contact TRIB at 888-473-8732 or by e-mail at retreads@aol.com.

Tire Group Company Qualification Expiration Date

Hercules Tire & 

Rubber Company, Extended until next requalification run

Retread Division

Oliver Rubber 

Company February 5, 2005

For further information about the TACOM program, contact Team Tire at teamtire@tacom.army.mil.

For copies of the CATL, contact TACOM’s contractor, Mark Swift of ACTS, Inc. at swiftacts@aol.com,

or 810-677-5745.
There is also a significant cost advantage to

using retreads. With comparable quality,

retreads cost between one-third and one-half

that of new tires. This translates to almost $2

billion in savings each year to tire consumers.

With this economic incentive, truckers have

made retreads their choice for more than 50

years. In fact, in 1998, truckers purchased 19.4

million medium truck tire retreads compared to

14.5 million new medium truck tires. The heavy

truck tires are actually made to be retreaded

many times, and only an estimated 30 percent

of a new tire investment is realized when the

original tread has been worn from its casing.

Although lighter tires represent a lesser savings

when retreaded compared to the heavy truck

tires, still a substantial savings can be realized.

Regardless, the cost per mile will be less with a

retread than with a comparable new tire.

Although the economic case to be made for

retreading passenger tires is not as good as that

for the heavier tires, when properly retreaded,

these lighter tires can gain an additional 35,000

miles of use. The CATL and CPQC list retread

passenger tires meeting certain minimal Federal

quality standards.

One of the most persistent myths about retread

tires is they are inferior in quality and unsafe to

use. People often point to the pieces of tire

along our highways as evidence for the claim

that retread caps chronically separate from their

old casings, assuming the pieces beside our

highways are from those sources. While there

may have been some basis for that allegation

twenty-five years ago, today’s retreads are no

more likely to separate than non-retreaded tires.

The reality is that rubber on the road is caused

by tire abuse - - whether the tire is new or a

retread. If a tire is abused (overloaded, under

inflated, or mismatched to the other tire on a set

of dual wheels on a truck), or if the tire isn’t

taken out of service when it begins to have a

problem, the tire is going to come apart and

leave rubber debris all over the highway. The

fact is, pieces of new tires are as common along

the roadside as pieces of retreads. 

66

Part 5 - Standards, Specifications and Designations of Items

Retreads are routinely and safely used by school buses, fire, and other emergency vehicles, commercial aircraft, and by millions of passenger cars and trucks. The U.S. Postal Service routinely uses

retreads knowing they will perform the same as new tires, and at a far lower cost. Retreads can do

the same for vehicle fleets across the Federal government. Contact the National Recycling Coalition, Inc. (703)

683-9025 for a Retread Tire Information Sheet and EPA’s RCRA Hotline at (800) 424-9346 or (703) 412-9810

for their Vehicular Products fact sheet.

1EPA’s recommendations also reference appropriate government and commercial specifications, GSA schedules or contracts, and other

information pertinent to purchasing the designated products containing recovered materials.

2EPA recommends a postconsumer fiber content because fiber is the material recovered from used paper and processed into new paper or

paper products. Purchasing a paper product containing 30 percent postconsumer fiber meets the E.O. 13101 directive t0 purchase paper

containing 30 percent postconsumer material.
Sec. 601. Agency Goals. (a)(1) Each agency shall

establish either a goal for solid waste prevention

and a goal for recycling or a goal for solid waste

diversion to be achieved by January 1, 2000. Each

agency shall further ensure that the established

goals include long-range goals to be achieved by the

years 2005 and 2010. These goals shall be submitted

to the FEE within 180 days after the date of this

order. (2) In addition to white paper, mixed

paper/cardboard, aluminum, plastic, and glass,

agencies should incorporate into their recycling programs efforts to recycle, reuse, or refurbish pallets

and collect toner cartridges for remanufacturing.

Agencies should also include programs to reduce or

recycle, as appropriate, batteries, scrap metal, and

fluorescent lamps and ballasts. 

(b) Agencies shall set goals to increase the procurement of products that are made with recovered

materials, in order to maximize the number of recycled products purchased, relative to non-recycled

alternatives. 

(c) Each agency shall set a goal for increasing the

use of environmentally preferable products and services for those products and services for which the

agency has completed a pilot program. 

(d) Agencies are encouraged to incorporate into

their Government Performance Results Act annual

performance plans the goals listed in subsections

(a), (b), and (c) above, starting with the submittal to

the Office of Management and Budget of the plan

accompanying the FY 2001 budget. 

(e) Progress on attaining these goals should be

reported by the agencies to the FEE for the biennial

report specified in section 302(a)(2) of this order.

Agency Goals

Goals for solid waste prevention, recycling, or solid

waste diversion are paramount in setting the direction and intensity of agency recycling programs. It

is through the process of determining goals that

issues, barriers, obstacles and resources are identified. Without this process, the strategies and

required actions will not be identified and developed that will accomplish the mission and vision as

laid out in the government-wide Greening the

Government Strategic Plan nor the objective of the

Executive Order itself.

Goal selection is an arduous process that may be

both taxing and rewarding. Results can fall short of

realization if goals, both large and small, are not put

down in writing. To assure recycling efforts are proceeding in a productive fashion and they are not

taking away from current efforts or past accomplishments, goals must be familiar to all involved.

People need to know what is expected of them so

they will perform at their peak. 

Goals and the Executive Order 13101 GovernmentWide Strategic Plan — The Government

Performance & Results Act of 1993 (GPRA) stresses

the importance of strategic plans for the Federal

government. The elements of a strategic plan should

include a mission statement, goals and objectives,

strategies, performance measures, obstacles, and

stakeholders. The following are some of the purposes of strategic plans as outlined in GPRA:

• Improve the confidence of the American people

in the capability of the Federal government, by

systematically holding Federal agencies accountable for achieving program results;

• Improve Federal program effectiveness and pub67

GREENING THE GOVERNMENT

CLOSING THE CIRCLE

Part 6

Agency Goals 

and Reporting Requirements
lic accountability by promoting a new focus on

results, service quality and customer satisfaction;

• Help Federal managers improve service delivery,

by requiring that they plan for meeting program

objectives and by providing them with information about program results and service quality;

• Improve Congressional decision making by providing more objective information on achieving

statutory objectives, and on the relative effectiveness and efficiency of Federal programs and

spending; and 

• Improve internal management of the Federal

government.

The Strategic Plan To Implement Executive Order 13101

was published on March 12, 1999 and is available at

http://www.ofee.gov/. The mission identified in

the government-wide strategic plan is to increase (1)

waste prevention, (2) recycling and the (3) acquisition of recycled content and environmentally preferable products and services for the benefit of the

American people.

Based on this mission statement, and in accordance

with the EPA National Goal, the national recycling

goal for the Federal government is 35 percent diversion by 2005. This is to be accomplished by

increased recycling and waste prevention efforts.

All Federal agencies are expected to advance the

attainment of this national goal with their respective

waste diversion rates. In addition, all Federal agencies are expected to demonstrate significant increases in procurement of recycled content products from

each preceding year through 2005.

In order to meet these goals, Federal agencies must:

• Improve and expand diversion of solid waste

through waste prevention, reuse, and recycling;

• Facilitate the development and expansion of markets for recycled content and environmentally

preferable products through greater Federal government acquisition and use of these products

and services, research and development programs, assistance programs, and other appropriate programs;

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Part 6 - Agency Goals and Reporting Requirements

Setting Goals

In setting goals and prioritizing various possible

actions, it is important that the goals reflect statutory and executive order authority. Goals should be

results oriented, derived from a strategic assessment, and reflect what the agency must do to

achieve its part of the vision as identified by the

mission. Consequently, the various programs of the

agency must “generate” their own goals to complement the agency wide goals to achieve the vision

and mission.

Furthermore, goals should be specific about what is

to be accomplished and when. Accomplishment of

the goal (or lack thereof) should be indisputable.

Finally, goals should remain within the agency control. 

Numerical waste prevention goals can be misleading if terms are not specifically defined. Clearly

defined goals include a percent reduction, a baseline year, a target year for achievement, a measurement method, and specified waste streams.

Recycling, waste prevention, waste diversion and

procurement goals should complement and support

each other. 

Some examples of results-oriented goals:

• reduce the number and severity of road collisions

• increase literacy

• decrease amount of illegal drugs entering U.S.

Goals should NOT include issues of internal management processes or activities. Examples of internal management and process/activities include:

Strategies of Internal Management:

• empower the workforce

• create a sound working environment

Process/Activities:

• increase customer satisfaction

• facilitate interagency coordination

• re-engineer our work processes

• promote understanding about mission
• Facilitate the development and expansion of technology for waste prevention, recycling (including

design for disassembly), and manufacture of

recycled content and environmentally preferable

products;

• Expand waste prevention and recycling opportunities and activities in the daily operation of the

Federal government; and

• Implement cost-effective procurement programs

favoring the purchase of environmentally preferable products and services.

Federal agencies must establish specific goals and

time tables for: (1) waste prevention and recycling

or solid waste diversion, (2) affirmative procurement of products that are made with recovered

materials, and (3) procurement of environmentally

preferable products and services for which a pilot

project has been successfully completed. On an

annual basis, agencies will evaluate their progress

toward attaining these goals. Again, the process for

establishing each goal should include identifying a

method of measurement, a baseline, a goal year, and

the materials/processes covered by that goal.

Section 601(d) of E.O. 13101 encourages Federal

agencies to incorporate their E.O. 13101 goals into

their GPRA plans. To assist the agencies, the Task

Force will develop model language on GPRA goals

that will be disseminated for use as deemed appropriate.

Reporting Requirements

Agency goals were to have been submitted to the

FEE by March 14, 1999. Progress on attaining these

goals should be reported by the Federal agencies to

the FEE for the report to the President. The first

report is currently scheduled for April 2000. The

agencies should report progress to the FEE prior to

October 1st of each year for purposes of the report

to the President.

Section 6002 of the Resource Conservation and

Recovery Act (RCRA) requires the Office of Federal

Procurement Policy (OFPP) to report to Congress

every two years on the actions taken by Federal

agencies to implement the statute. In addition, E.O.

12873, the predecessor to E.O. 13101, directed the

FEE to report to OMB annually on agencies' actions

to implement the Order. The OFPP and the FEE

have worked closely together to combine the reporting requirements of RCRA and E.O. 13101. At the

present, the Administrator of OFPP and the FEE

send a survey to the top six procuring agencies,

with voluntary participation from the United States

Postal Service to complete for incorporation into the

RCRA Report. These top procuring agencies

account for approximately 89% of the total procurement procurements. These agencies should give an

accurate presentation of the Federal agencies’ overall procurement practices and compliance with

RCRA guidelines. This does not however, excuse

those agencies that are not included in the RCRA

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Part 6 - Agency Goals and Reporting Requirements

Department of Defense Measures of Merit (MOM)

“By the end of 2005, ensure the diversion rate for non-hazardous solid waste is greater than 40%, while ensuring

integrated non-hazardous solid waste management programs provide an economic benefit when compared with

disposal using landfilling and incineration alone.”

This goal, established by the Department of Defense in 1998, supersedes an earlier goal that required a 50%

increase in the amount of solid waste recycled (using 1992 data for a base line). By 1997, DoD had increased

recycling by 120% compared to the 1992 baseline. As a result of its overwhelming success in achieving its previous goal, DoD is confident that its installations can continue to improve. Installations can nearly double by 2005

the amount of solid waste currently being diverted from disposal facilities.

Clear and definitive guidance for each element of the goal is available, including the diversion rate calculation, economic benefit of solid waste management calculation, and the optional waste-to-energy incineration calculation.
report from having to comply with RCRA.

E.O. 13101 directs the establishment of a work

group to develop recommendations for tracking

and reporting requirements. The work group is

now meeting to strive to streamline and simplify

future RCRA reporting requirements. Automated

reporting mechanisms, simplified reporting techniques, and new ways of formatting data are some

of the topics that are being examined by the work

group. 

The Task Force will publicize agency goals and

progress on an annual basis. 

Execution: Measuring Results

Measurement systems are important for effective

waste prevention programs not only because data

can be used to set realistic goals for the program

and establish program priorities, but also because

they allow managers to track and evaluate the

progress of the waste prevention activities. By evaluating the program periodically, agencies can:

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Part 6 - Agency Goals and Reporting Requirements

Department of Energy’s Goals

The Department of Energy (DOE) set its first Department-wide waste reduction, recycling and buying green

(affirmative procurement) goals in May 1996. Because of the importance of nuclear materials in DOE’s

mission and waste stream, the waste reduction goals included targets for radioactive, hazardous and sanitary (i.e., solid) wastes. DOE has set goals to reduce sanitary (solid) waste generated by routine operations by 33

percent by December 31, 1999 (compared to a Calendar Year 1993 baseline), to recycle at least 33 percent of all

sanitary (solid) waste each year, and to buy 100 percent of the EPA-designated items with recycled content,

except where they are not commercially available competitively at a reasonable price or do not meet performance

standards. Performance measures for these goals have been put into the Secretary’s Annual Performance

Agreements with the President and into the Department’s annual Government Performance and Results Act

(GPRA) performance plans, which are submitted with DOE’s budget requests. Annual reports on waste generation and recycling show that the 1996 goals have been met as of the end of 1998. The DOE is now at an astonishing department-wide 85 percent for buying green in 1999.

DOE is currently in the process of setting new goals for 2005 and 2010. The process which DOE uses for setting

Departmental goals includes six basic steps: 

1.Assess existing Federal agency goals.

2.Set draft goals.

3.Send draft goals to Field and Headquarters (Waste Reduction Steering Committee) personnel for review and

comment. 

4.Incorporate comments and revise draft goals as necessary.

5.Obtain Principal Secretarial Officers’ (Assistant Secretary level) concurrence.

6.Issue final goals.

Involving the Field Offices in the goal setting process has several benefits. First, Field Offices have a valuable perspective regarding implementation, since they are directly involved in the day to day operations of DOE sites.

Second, Field Offices are more aware of the requirements by participating in the process of goal setting. Finally,

Field Offices feel a sense of ownership and are more apt to successfully achieve goals which they have participated in setting.

The Department of Energy has a philosophy of continuous improvement and is working toward approaching zero

waste and emissions and optimizing its use of resources, including buying recycled and energy efficient products.
• keep track of program successes and build on

them,

• identify new ideas for waste prevention,

• identify covered items as well as items not subject

to the goals.

• identify areas needing improvement,

• determine the effect of any additions to the program,

• keep employees informed and motivated, and 

• recognize and reward their accomplishments.

Remember: “What Gets Measured, Gets Done” — It

is useful for agencies to determine their measurement strategy as they develop waste prevention

goals and assign waste prevention programs so that

measurement is an integral part of their efforts,

rather than an issue to be addressed later. A measurement strategy will help managers monitor the

success of their program and allow them to report

progress in meeting stated goals to the FEE more

easily and accurately.

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Part 6 - Agency Goals and Reporting Requirements

NASA’s Reporting System

NASA has made it easier to track and report on environmental information. The NASA Environmental

Tracking System (NETS) is an agency wide database application that supports the collection, aggregation,

analysis, and reporting of environmental information required for agency-level reporting to other Federal

agencies and organizations, agency wide metrics, and functional management. NETS is sponsored by the NASA

Headquarters Environmental Management Division. As NASA’s functional Lead Center for Environmental Information

Systems, the John H. Glenn Research Center (GRC) in Cleveland, Ohio contracts for and oversees NETS development

and operation. Fourteen NASA sites across the U.S. have access to NETS. 

The primary goals of the NETS application are to:

• Improve the quality of data submitted by standardizing data, and enforcing adherence to specific validation criteria;

• Reduce the high level of staff time currently required to collate, convert and summarize the data; and

• Minimize the turnaround time for the submission of data from NASA Centers.

NETS provides a single logical agency database and graphical user interface for direct end-user input. Users across

the agency are responsible for entering data on a scheduled basis or as requested by Headquarters. Both

Headquarters and Center users will be able to access the database for near “real-time” report generation and data

analysis. The NETS database resides at the NASA Automated Data Processing (ADP) Consolidation Center (NACC) at

Marshall Space Flight Center (MSFC) in Huntsville, Alabama. The Agencywide Distributed Environment (ADE) is the

communication backbone that links each of the fourteen sites to the NETS database. Powerbuilder was selected as the

NETS application development tool. The application is supported for both the PC and Macintosh platforms. 

NETS development is being conducted in multiple phases. The first phase is operational and supports internal and

external Agency reports for Pollution Prevention, Ozone Depleting Chemical usage, Recycling and Solid Waste, and

related metrics. A NETS Energy module was released in April 1999. Other modules for tracking hazardous waste disposal and other major areas of environmental functional management of interest to the Agency are planned for release

by the end of FY 1999. Future modules will support reporting of FEDPLAN projects, National Environmental Policy Act

(NEPA) planning activities and metrics; Federal archeological activities; environmental and energy management selfassessment results; and automation of Environmental Compliance and Restoration (ECR) project forms.

The NETS development contractor provides Help Desk support for NETS to respond to user problems, questions, and

requests for changes and enhancement to the NETS application. NETS support documentation includes a user guide

that explains how to operate the system for data entry, a data dictionary that provides definitions and required format

for all data entry fields, and on-line help within the application that defines data fields and basic operations. 
Performance Measures

From the government-wide strategic plan, several

performance measures have been established that

will demonstrate progress in attaining the goals for

waste prevention, recycling, and affirmative procurement for the Federal government. These are in

addition to the waste diversion rate measurement as

it pertains to the EPA National Recycling Goal.

Federal agencies may adopt similar or identical

measures to demonstrate their continued advances

in waste prevention, recycling and affirmative procurement. 

Here are four of the performance measures identified in the Strategic Plan:

1. All Federal agencies are expected to demonstrate

significant increases in procurement of recycled

content products from each preceding year

through 2005.

2. All Federal agencies will establish and meet

agency goals for affirmative procurement of recycled content products for all CPG items.

3. By the end of FY99, all Federal agencies will

implement recycling programs at all Federal facilities. (Facilities should already have in place recycling programs for paper, cardboard, drink cans,

and glass bottles.) This will now include programs to recycle, reuse, or refurbish pallets; collect toner cartridges for re-manufacturing; and

reduce or recycle, as appropriate, batteries, scrap

metal, and fluorescent lamps and ballasts. By the

end of FY99, each Federal agency shall consider

and implement five agency-wide waste prevention strategies, including two-sided copying and

increased usage of electronic messaging.

4. Within 90 days after EPA issues the final guidance on environmentally preferable products and

services, all Federal agencies should begin implementation of pilot projects to purchase and use

environmentally preferable products.

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Part 6 - Agency Goals and Reporting Requirements

Department of Energy’s Reporting System

DOE began its complex-wide reporting by distributing the report questions on computer diskettes to over 50 sites

across the country. These floppy disks were mailed back and forth during the reporting process for Fiscal Years

1993 - 1996. Beginning with the Fiscal Year 1997 report, the World Wide Web is now the vehicle for DOE sites to

report their activities regarding the Resource Conservation and Recovery Act, Section 6002 and Executive Order

13101. The Internet reporting site is password protected and user-friendly, offering such features as on-line guidance. Following completion of site reports, Federal staff, who are responsible for overseeing site activities, review

and approve site reports before they are incorporated into the Department’s database. All data are checked for

quality assurance purposes before considered final. The data are compiled and site results are posted on DOE’s

E.O. 13101 web site http://gerweb.bdm.com/ cfdocs/aprs.

Each year the reporting software is modified during the summer and made available on the Web for site reporting

starting at the end of the fiscal year. Site reporting is completed by mid-December and the reporting page is

closed so that the Departmental rollup report can be prepared early in the next calendar year. An improvement

which is currently under consideration is leaving the reporting site open all year so that sites can enter their data

as purchases are made at any time during the fiscal year.

DOE takes its reporting requirements very seriously and requires that buy-recycled provisions are included in its

site operating contracts. The Department is working towards a goal of buying 100 percent EPA-designated items

with recycled content.
Sec. 701. Contractor Applicability. Contracts

that provide for contractor operation of a

Government-owned or -leased facility and/or

contracts that provide for contractor or other

support services at Government-owned or -operated facilities awarded by executive agencies

after the date of this order, shall include provisions that obligate the contractor to comply with

the requirements of this order within the scope of

its operations. 

Contractor Operated Facilities

Many Federal agencies rely on private sector contractors to construct, manage, and/or operate

their facilities. Sometimes contractors are even

responsible for preparing technical specifications.

Thus, contractors provide a direct link between

the purchasing power of the Federal agency and

the marketplace.

The Executive Order requires the Federal

agency’s procurement/contracting organization

to include in all new contracts, provisions relating

to the details of the agency’s waste prevention,

recycling, and affirmative procurement programs.

Since contractors are purchasing goods and services on behalf of the Federal agency with appropriated funds, they need detailed instructions on

the part they will play in implementing the

agency’s policies. For example, construction contractors need to be aware they must use cement

or concrete containing fly ash or ground granulated blast furnace slag as well as building insulation containing recovered materials. Or, as another example of waste prevention, the contracting

office should specify to the service contractors the

need for copied pages to be printed on both sides

if the documents are submitted during the performance of the contract. Contractors creating specifications must be made aware of the agency’s

preference program to use products made with

recovered materials when they meet the appropriate performance standards.

The agency contracting officer should establish

the contractor’s role during initial contact with

the contractor and should reinforce these requirements, when appropriate, during subsequent

meetings and correspondence. Older contracts

may be modified periodically, opening the door

to incorporating amendments related to this

Executive Order.

Contracts Workgroup

Under the White House Task Force on Recycling,

a Work Group on Contracts and Specifications

has been formed, composed of agency representatives from across Government including EPA

and the DOI, to revise contracts to incorporate

specific requirements for recycled content products, environmentally preferable products,

biobased products, and waste minimization. The

Work Group has decided to focus on nine types

of contracts that are typically used throughout

Government, including: construction/tenant

build out; space lease; custodial services; landscaping/grounds keeping; operations and maintenance; cafeteria services; conference services;

fleet management; and waste disposal. The Work

Group will take well-developed, performancebased contracts as a starting point, and then add

language to address these topics not only in the

Contract Clauses (as required in the FAR), but

also into the Scope of Work. The contracts also

will be revised to make Environmental

Preferability a part of the contract award process,

by including preferability in the solicitation

Section M - Evaluation Criteria, Section L -

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GREENING THE GOVERNMENT

CLOSING THE CIRCLE

Part 7

Applicability and Other

Requirements
Instructions to Bidders (wherein a bidder is

directed to respond to the solicitation about the

preferability of their proposal); and in Section B

Line Item Pricing. The model contracts will be

developed in collaboration with other interested

stake holders, and then will be distributed via the

World Wide Web. 

Sec. 702. Real Property Acquisition and

Management. Within 90 days after the date of

this order, and to the extent permitted by law

and where economically feasible, executive agencies shall ensure compliance with the provisions

of this order in the acquisition and management

of Federally owned and leased space. The GSA

and other executive agencies shall also include

environmental and recycling provisions in the

acquisition and management of all leased space

and in the construction of new Federal buildings. 

Real Property Acquisition 

and Management

GSA and other Executive agencies have been

given the task of including environmental and

recycling provisions when they acquire leased

space and when they construct buildings. Shortly

after the Executive Order was signed, GSA

amended their standard Solicitation for Offers

(SFO) to require lessors to provide a recycling

program in leases for more than 10,000 square

feet of space and where occupancies are greater

than 100 people, or to provide a justification for

not doing so.

Prior to the Executive Order, GSA revised its

Facilities Standards for the Public Buildings

Service, PBS-PQ 100.2 to reflect the EPA’s designation of cement and concrete containing fly ash

and building insulation. GSA will be updating

the PBS-PQ 100.1 for additional items designated

in EPA’s May 1,1995 CPG. In addition, GSA has

embarked on a number of pilot projects. For

example, GSA has formed a partnership with

EPA to revise the SFO document for buildings

leased for EPA occupancy. The revised SFO covers all aspects of structural, mechanical, and electrical engineering design, space management,

and recycling of construction and demolition

debris, building maintenance and cleaning, and

use of recycled-content products such as gypsum

wallboard, ceramic tile, carpeting, and paint. 

Sec. 703. Retention of Funds. (a) The

Administrator of General Services shall continue

with the program that retains for the agencies

the proceeds from the sale of materials recovered

through recycling or waste prevention programs

and specifying the eligibility requirements for the

materials being recycled. 

(b) Agencies in non-GSA managed facilities, to

the extent permitted by law, should develop a

plan to retain the proceeds from the sale of materials recovered through recycling or waste prevention programs.

Retention of Funds

Section 703 tasked GSA with continuing its programs that allow agencies to retain a share of the

proceeds from the sale of materials recovered

through recycling or waste prevention programs.

This is a real “business opportunity” to help

Federal agencies offset costs of operating a recycling program. The Department of Defense has

had this authority for a decade, and it has helped

increase participation in recycling, and therefore,

its revenue.

The GSA proposal was enacted as a part of the

general provisions in Public Law 103-329 (608

September 30, 1994). The public law stipulates

recycling revenues may be used for:

Acquisition, waste prevention, and recycling programs as described in Executive Order 12873,

including any programs using the proceeds

already in place prior to the effective date of the

Executive Order.

Other Federal agency environmental management programs including, but not limited to,

those for developing and implementing hazardous waste management and pollution prevention.

Other employee programs as authorized by law

74

Part 7 - Applicability and Other Requirements
or as deemed appropriate by the head of the

Federal agency (e.g., Federal building/agency

day-care programs).

It should be noted the public law does not

change the way revenues from precious metals or

excessed property are handled. For buildings

managed by GSA, recycling revenues will be distributed back to the agencies. The GSA recycling

program will negotiate sales contracts, collect revenues, and return the income generated directly

to the Executive agencies for their use. Additional

guidance will be published by GSA, spelling out

clearly the procedures for Federal agencies to

receive proceeds from recycling efforts.

Sec. 704. Model Facility Programs. Each executive agency shall establish a model demonstration program incorporating some or all of the

following elements as appropriate. Agencies are

encouraged to demonstrate and test new and

innovative approaches such as incorporating

environmentally preferable and bio-based products; increasing the quantity and types of products containing recovered materials; expanding

collection programs; implementing source reduction programs; composting organic materials

when feasible; and exploring public/private partnerships to develop markets for recovered materials. 

Model Facility Programs 

Each agency has been directed to establish a

model facility demonstration program showcasing their efforts to create comprehensive waste

prevention and recycling programs, emphasizing

the procurement of recycled content and environmentally preferable products. Model facility

demonstration programs also can include

expanded collection programs, composting, and

public-private partnerships to develop markets

for recovered materials. The thinking behind this

program is to have agencies share their ideas

about making their facilities “green”, thereby

facilitating the “bench marking” process among

participants.

Many of these elements are featured in the proposed Federal Aviation Administration building

in the Kansas metropolitan area, as well. The

landscape specifications for the FAA building are

also consistent with the guidelines and requirements of the Executive Memorandum on

Environmentally and Economically Beneficial

Landscape Practices on Federal Grounds. In addition to these pilot projects, GSA has established a

goal to increase their use of recycled products in

public buildings. 

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Part 7 - Applicability and Other Requirements

Recycling

HUD Headquarters Building in

Washington DC, has effectively

responded to environmental and local

landfill concerns through its waste

reduction, recycling, and pollution

prevention education programs. The

Department has demonstrated a comprehensive office recycling program that captures a

wide array of materials and utilizes an impressive variety of outreach activities. Approximately

40 percent of the waste generated within the

Headquarters facility is captured for recycling.

HUD also has one of the highest per capita recycling rates in the Capitol area at nearly one

pound per person per day.
Part 7 - Applicability and Other Requirements

In its strategy to implement both RCRA and the

Executive Order procurement requirements in

building construction, renovation, and maintenance, EPA has drafted a Green Buildings

Vision and Policy Statement Environmental

Procurement Strategy, EPA’s Action Plan for

lmplementing Executive Order 12873 on Federal

Acquisition, Recycling, and Waste Prevention;

EPA 200- R-95-001, August 1995). This statement

is intended to serve as a guide for EPA as well

as for other agencies and stresses a holistic, systems approach to building design, construction,

renovation, and use. In their policy statement,

EPA recommends such Green Building features

as:

• Selecting locations and programs which optimize use of existing infrastructure and transportation options, including the use of alternative work modes such as telecommuting

and teleconferencing;

• Use of recycled content and environmentally

preferable construction materials and furnishings, consistent with EPA’s Comprehensive

Procurement Guidelines;

• Focus on energy conservation, renewable

energy, water conservation, and materials

waste minimization, throughout the building’s life cycle, from design through demolition or reuse;

76

Waste Prevention and

Retention of Savings

From procurement through disposal, the

Marine Corps Recruit Depot, Parris

Island, SC, population is dedicated to

a comprehensive waste prevention

program. In 1997, 1,665 tons of

solid waste were recycled, resulting in a 44

percent reduction in the non-hazardous waste

stream and an 26 percent reduction in the hazardous waste stream. The Depot exhibits a strong

commitment to a comprehensive recycling program, which includes the recovery of grease, tires,

oil and oil filters, paint, aluminum cans, scrap

metal, plastic, glass, office paper, newspaper, cardboard, shell casings, and grenade fuses. Parris

Island’s affirmative procurement policy includes

the purchase of recycled content paper products

and retread tires. As a result of Parris Island’s

waste prevention efforts from 1995-1997, the base

operating budget was increased by $485,000.

This allowed for improvements in family housing,

free admission to Depot pools, and other added

benefits.

Waste Prevention

Through Acquisition

Oversight

The U.S. Army Ordnance Center and

School, Aberdeen Proving Ground,

MD (USAOC&S) has successfully

instilled pollution prevention ideals in

all activities and at all levels through educational outreach, affirmative procurement, and the

modification of toxic cleaning processes. By implementing environmentally preferable product substitution and process modification, the generation of

hazardous waste - particularly with regard to coatings, cleaning supplies, solvents, and rechargeable

batteries - was reduced and now saves up to

$200,000 per year. All hazardous material requisitions are screened by staff in the USAOC&S

Environmental Office to ensure compliance with

state and Federal regulations, such as E.O. 12856

and 13101. If a request does not pass the screening

process, an acceptable environmentally preferred

alternative is sought out, tested, and procured. In

addition, USAOC&S has conducted pollution prevention training classes for hundreds of military and

civilian employees - as well as members of the

community - in order that they might recognize and

prevent sources of pollution in the workplace.
• Design building envelope with energy efficiency in mind;

• Use of materials and design strategies to

achieve optimal indoor environmental quality, particularly including light and air, to

maximize health and productivity;

• Design of operating systems and practices to

support an integrated waste management

(waste prevention and recycling) system;

• Planning for recycling building materials during maintenance, redesign, and demolition;

and

• Conservation of water through the design,

building construction, and building operations.

The EPA has also established a number of

“Green Building Demonstration Projects.” Most

notably is the completion of the Christopher

Columbus Center in Baltimore, MD, which

received an EPA grant to incorporate “green”

technologies and principles. These include:

“green” lighting systems; insulated glazing;

energy-efficient heating, air conditioning, and

exhaust systems: utilizing steam from a local

plant fired with domestic solid waste for space

heating, hot water, and laboratory sterilization.

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Part 7 - Applicability and Other Requirements

Pollution Prevention

Through Recycling

and Inventory Control

Like USAOC&S, the Coast Guard Air

Station Cape Cod (ASCC) pollution

prevention program uses engineering controls and best management

practices to incorporate the spirit of pollution prevention into everyday operations.

Source reduction, product substitution, recycling

initiatives, and an aggressive inventory control

system have reduced ASCC’s hazardous waste

by 62 percent and aircraft maintenance hazardous materials by 77 percent. ASCC initiated a

voluntary curbside recycling program for its military housing community. During 1995, it

redeemed more than 280,000 plastic, aluminum,

and glass beverage containers. ASCC uses disposal by combustion only when wastes cannot

be reduced or recycled. The combination of

recycling efforts and improved inventory controls reduced solid waste generation by 117 tons

from 1995 to 1996. ASCC also has made great

strides in the procurement of recycled content

products, including the use of recycled asphalt

concrete overlays on asphalt roads and parking

lots.

Designing Green in

Partnership with GSA

Through Building

“Specs”

GSA is working with EPA to incorporate environmental and recycling provisions for the proposed new EPA

Regional Headquarters building in Kansas

City, Kansas. In the requested building design, a

“green rider” was incorporated into the building

specifications. Included in the specifications are

such features as: high efficiency heating and air

conditioning equipment with automated controls;

energy conserving lighting (offerors are directed

towards EPA’s Green Lights Program); endorsement of day lighting; and low-flow plumbing fixtures among others.
Part 7 - Applicability and Other Requirements

The EPA Region III Environmental Science

Center at Ft. Meade, MD, has been designated

as another Green Building pilot project. The following green principles have been incorporated:

reusing the existing structure which was a housing barracks already standing on the site; using

recycled materials, such as cement containing

fly ash and building insulation containing

recovered materials; selecting construction

materials such as glass, aluminum, and masonry with the express intent of recycling them at

the end of the building’ s service life; ensuring a

well-insulated building exterior; maximizing

daylight in laboratory rooms; installing highefficiency heating and air conditioning systems

with automated controls, including piloting a

one megawatt fuel cell at the site; installing

green lighting; using modular designs allowing

efficient space reconfigurations when functions

and needs change; and landscaping designed to

reduce watering and maintenance.

EPA is also attempting to establish an integrated

environmental facility management program

within its facilities. The requirements of the various Executive orders have typically been

implemented as stand-alone programs. By

approaching the management of facilities within

a holistic, systems approach, the environmental

and economic benefits of implementing the

requirements of E.O. 13101 and other Executive

order requirements on energy and water conservation, refrigerant management, and pollution

prevention programs can be more effective.

Sec. 705. Recycling Programs. (a)(1) Each executive agency that has not already done so shall

initiate a program to promote cost-effective

waste prevention and recycling of reusable

materials in all of its facilities. The recycling

programs implemented pursuant to this section

must be compatible with applicable State and

local recycling requirements. 

(2) Agencies shall designate a recycling coordinator for each facility or installation. The recycling coordinator shall implement or maintain

waste prevention and recycling programs in the

agencies’ action plans. 

(b) Executive agencies shall also consider cooperative ventures with State and local governments to promote recycling and waste reduction

in the community.

Recycling Programs 

Under RCRA sections 1008 and 6004, all Federal

agencies generating solid waste are required to

take action to recover it. (Goals and reporting

requirements for recycling were discussed in

part 6.) EPA guidelines for source separation of

recoverable materials are found in 40 CFR part

246. Among other things, EPA requires that:

• High-grade paper generated by office facilities of over 100 office workers shall be separated at the source of generation, separately

collected, and sold for the purpose of recycling (§246.200-1).

• Any commercial establishment generating 10

or more tons of waste corrugated containers

per month shall separately collect and sell

this material for the purpose of recycling

(§246.202-1).

The recycling requirement is not only a legal

imperative, but an economic one as well. Nearly

80 percent of the average Federal office waste

stream consists of paper. According to EPA, in

1996, paper represented 38 percent (by weight)

of the municipal waste stream. While 40 percent

of this paper was recovered, over 47 millions

tons were sent to landfills or incinerators.

Similarly, yard trimmings, which are generated

at many Federal installations, represented 13

percent (by weight) of the municipal waste

stream in 1996; 17 million tons of this material

were sent to landfills. Considering the national

average landfill “tipping fee” was $33/ton in

1998, the economic imperative to recycle these

materials is clear. Because agencies are now

allowed to retain the revenue from the sale of

their collected materials, there is an additional

incentive to develop a recycling program or

upgrade an existing program.

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Part 7 - Applicability and Other Requirements

Closing the Circle Award Winner

The Tennessee Valley Authority’ s Facilities Services Environmental Program is a reflection of

their commitment to preserving and enhancing the environment for future generations and providing a healthy workplace for its employees. TVA has embarked on an effort to demonstrate environmental responsibility through waste reduction, environmentally conscious building renovation,

value focused environmental compliance, and energy reduction. This focus has resulted in an

81.5 percent reduction in office waste sent to landfills; purchase of $8M of sustainable and recycled content materials, 5,008 cubic meters of renovation waste diverted from landfills and the

reduction of energy use by 22.7 percent.

In Fiscal Year 1994, TVA initiated a Facilities Services’ Environmental Program, detailing its comprehensive

Environmental Management Program. This program details various environmental regulations applicable to

the various TVA facilities and activities, allowing managers to see what needs to be done, where, and when. It

also: (1) provides guidance to managers for compliance in the areas of clean air, clean water, hazardous

materials/waste, training, and emergency response; (2) identifies responsible individuals as points of contact

in business units and workgroups to increase employee awareness and to focus on going beyond environmental “compliance”; and (3) establishes a self-audit process.

For solid waste minimization, the TVA program includes centrally located collection centers for recyclable

materials (paper, glass, aluminum, magazines, cardboard, and plastic), replacing work space wastebaskets

with “ReBox” containers at each employee’s desk, use of reusable coffee mugs at vending machines and

water fountains, and using hand dryers instead of paper towels.

In the interest of energy reduction, TVA exceeded the President’ s goals for Government buildings and experienced a dramatic reduction in energy consumption. Various means were used to achieve this goal, including

high efficiency lamps and electronic ballasts, lighting timer control devices and programmable thermostats.

An energy awareness campaign also helped by raising employee consciousness.

Sustainable or “Green” Architecture translates to designing buildings that work with the natural environment,

and making use of natural, non-toxic, and low maintenance materials requiring less energy to create and

operate. The TVA Sustainable Architecture team analyzed 30 building materials, allowing those managing renovations to choose appropriate materials.

Affirmative procurement efforts have also been successful. TVA, joined the National Recycling Coalition’ s Buy

Recycled Business Alliance of 600 companies and exceeded its FY 94 and FY 95 affirmative procurement

goals in recycled content and sustainable product purchases. 

A new initiative for TVA is an agreement with a carpet manufacturer to buy recycled carpet and ensure it is

recycled when replaced. TVA is purchasing 1.7 million square feet of carpet with 100% recycled content

backing. The manufacturer agreed to recycle our existing carpet diverting it from the landfills.

TVA has also supported Partners-In-Education (PIE), donating carpet, telephone books, topsoil, furniture,

typewriters, calculators, lightbulbs, etc. to PIE. It has made a commitment to local communities at several

locations to be responsible neighbors and reduce hazardous waste generation and use non-ozone depleting

refrigerants. Its environmental program puts TVA in a leadership position and is a model to emulate.
Source Separation: The First Step to Successful

Recycling — Source separation involves sorting

recoverable materials at their point of generation

by type and/or grade. The primary reason to

source separate materials is to ensure their quality and homogeneity and hence increase their

value, prior to collection and subsequent use.

During separation, care must be taken to minimize or avoid contamination. Paper contamination by “prohibited” materials (e.g., yellow

sticky pads, carbon paper, etc.) beyond a predetermined threshold percentage will cause the lot

to be rejected. In contrast, other materials called

“out throws”, although dissimilar to the grade

being sorted, will cause the lot to be “downgraded” but not rejected outright (high grade white

paper mixed with “colored” or groundwood

paper). Regardless, the value of some recyclables

is significantly diminished when they are mixed

with other materials. As the above TVA example

shows, source separation doesn’t have to be

either burdensome or expensive. Employees

will do the job for the agency with the proper

training, motivation, infrastructure, and 

LEADERSHIP.

Paper — Because of the large number of paper

grades used in an office environment, educating

employees about source separating paper is

especially important. It is important to know different grades of paper lend themselves to making different types of new products. Paper

grades cited in the latest GSA recycling contracts

in the Washington, DC metropolitan area

(National Capital Region), for example, include

Grade 1 (sorted white ledger), Grade 2 (mixed

paper), Grade 3 (newspaper), Grade 4 (cardboard)1, Grade 5 (sorted office paper), and

Grade 6 (mixed paper including telephone directories). Higher grade paper (Grade 1) is generally worth more than lower grade paper to the

recycling paper mills. However, the grades most

marketable in a specific area will depend on

local and export markets. It is equally important

to work with local paper dealers to determine

what grades can be collected and sold profitably

in the area where an agency is located.

When the local market or policy dictates, paper

grades (and other material types as well) can be

very economically separated at the source.

However, it may still be more cost effective to

do so because sorted paper commands a higher

price. Conversely, if local materials dealers only

accept certain grades of paper, agencies will

have to source separate. When designing their

office recycling program, agencies will have to

take into consideration the local demand for the

recyclables they will be collecting and determine the extent to which their program will

source separate.

Another important consideration is the “cleanliness” (i.e., absence of contaminants and/or out

throws) of recyclable paper. The “cleanliness”

can dramatically alter the price per ton an

agency receives. It is typically set as a maximum

percentage for that locale. Foreign objects, such

as food waste, contaminate the recycling process

and create process difficulties at a paper mill,

resulting in lower prices or outright paper rejection. It is essential that contaminants be kept out

of recycling containers. Some agencies have

instituted the concept of “wet containers” to

help their employees understand and differentiate between recyclable materials and non-recyclable materials. Agencies should check with

their paper dealer to determine what items are

considered contaminants in their program.

Other Recyclable Materials — Both because

paper comprises the largest component of most

Federal office waste streams, and because office

paper and corrugated board are mandatory

items in EPA regulations, it is usually the first

problem to be tackled in an office recycling program. Depending on an agency’s waste generating characteristics, however, additional materials may be included in its recycling program.

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Part 7 - Applicability and Other Requirements

1The paper industry uses the term “corrugated” rather than cardboard. The latter term is too general a term to be used to specify paper

grades.
Other papers, such as newspaper, as well as

metal, glass, and plastic beverage containers,

merit consideration for inclusion in office recycling programs, if they are present in the office

waste stream in sufficient quantities to justify

separate collection.

Agencies also should incorporate efforts to recycle, reuse, or refurbish pallets; collect toner cartridges for remanufacturing; and reduce or recycle batteries, scrap metal, and fluorescent lamps

and ballasts.

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Part 7 - Applicability and Other Requirements

Paper Facts2 — Recovered paper now supplies 1/3 of the fiber used in U.S. paper and paperboard mills.

Every day, U.S. paper manufacturers recycle enough paper to fill a 15-mile-long train of boxcars.

Recycling Rates Increase — In 1998, more than 45 million tons of paper and paperboard were recovered for

recycling in the U.S. This is nearly double the quantity recovered a decade earlier (24 million tons). This averages out to 336 pounds of paper recovered for each American. Not coincidentally, the recycling rate also

increased, from just over 28 percent in 1986, to nearly 45 percent in 1998.

Less Paper Landfilled — About 10 million fewer tons of paper were landfilled in 1998 (36.6 million tons)

than in 1986 (46.2 million tons). This is especially noteworthy since paper consumption increased during this

period.

Office Paper Takes Off — Between 1990 and 1998, the recovery rate for office paper more than doubled,

from 19.9 percent to 41.8 percent. More than 3.8 million tons were recovered in 1998.

Recovery of Printing Writing Papers Grows — In 1998, 11 million tons were recovered, compared to 5 million in 1986. The recovery rate improved from 23 percent to 35.1 percent during that time.

Old Paper Becomes New Again — Recovered printing /writing paper was used to produce new printing/writing paper (18 percent), tissue (24 percent) paperboard (24 percent), and other paper products (7 percent).

About 22 percent was exported.

Corrugated is King — Corrugated was recovered at the rate of 75 percent in 1998. Over 30.9 million tons

were recovered. The recovered material was recycled into container board (68.3 percent), paperboard (15.9

percent), and other products (4.7 percent). About 11 percent was exported.

How to Establish a Program

Federal agencies operating in GSA-owned or

leased space have the opportunity to work with

their building services manager to develop

waste reduction and recycling programs best

suiting their location and current market conditions. GSA has identified the following major

steps in implementing a recycling program:

Marketing - Contracts to sell the recyclable

material are identified and secured. A recycling

program is marketed to client agencies. Tenants

are encouraged to participate, given information

about program achievements, and asked for

ideas on improving or publicizing the program.

Collection - Recyclable materials are separated,

gathered, and stored for transport.

Procurement - Contracts to buy supplies made

from recycled materials are identified and

secured. Federal participants in the recycling

program will be kept abreast of available recycled products through GSA’s various supply

publications (e.g., GSA Supply Catalog,

Environmental Products Guide, Federal Supply

and New Item Introductory Schedules).

2These paper facts are from the 1998 Recovered Paper Statistical Highlights, found on the American Forest & Paper Association web site,

www.afandpa.org/Recycling/.
Part 7 - Applicability and Other Requirements

Monitoring and Evaluation - Each facet of the

program is surveyed, measured, and then rated

for efficiency and progress, enabling participants to see program strengths, accomplishments, and weaknesses.

Agencies should carefully watch developments

in the volatile recyclables markets. Privately

owned recyclables publications, such as The

Yellow Sheet (Note: the actual title: The Official

Board Markets) can provide helpful market

information on price movements and regional

differences in the various grades of paper. To

order the Yellow Sheet, contact Subscription

Customer Service at (218) 723-9477. You may

want to consider whether your department

should subscribe to determine whether price

data as reported can be disseminated to departmental elements.

Sec. 706. Review of Implementation. The

President’s Council on Integrity and Efficiency

shall request that the Inspectors General periodically review agencies’ implementation of

this order. 

Review of Implementation

The President’s Council on Integrity and

Efficiency (PCIE) is an interagency committee

charged with promoting integrity and effectiveness in Federal programs. The PCIE is chaired

by the Deputy Director for Management and

Budget (OMB) and comprised principally of

Presidentially-appointed Inspector Generals

(IGs). The PCIE focuses on two primary objectives: mounting collaborative efforts to address

integrity, economy and effectiveness issues that

transcend individual Federal agencies and

increasing professionalism and effectiveness of

IG personnel throughout the Government. The

Chair of the White House Task Force on Waste

Prevention and Recycling will address the PCIE

on E.O. 13101 and its various requirements

requesting the PCIE to have the IGs assist agencies in the implementation of E.O. 13101.

The IG can help promote economy, effectiveness

and efficiency within an agency. The IG can

work together with the Agency Environmental

Executive for positive change and continuous

improvements through a spirit of cooperation

and openness. The IG can analyze waste prevention, recycling, and green procurement programs in the agency, identify any problems, and

recommend solutions and improvements. 

Several agency IGs have reviewed their agencies’ recycling and waste prevention programs.

For example, the National Aeronautics and

Space Administration and General Services

Administration IGs reviewed some of their centers’ recycling programs for compliance with

E.O. 12873 and suggested improvements that

could be made.

82
Sec. 801. Training. (a) Within 180 days of the

date of this order, the FEE and OFPP should

evaluate the training courses provided by the

Federal Acquisition Institute and the Defense

Acquisition University and recommend any

appropriate curriculum changes to ensure that

procurement officials are aware of the requirements of this order. 

(b) Executive agencies shall provide training to

program management and requesting activities

as needed to ensure awareness of the requirements of this order. 

Training 

Awareness of the requirements of Executive

Order 13101 and the “how to” of “green” procurement is the key to the order’s successful

implementation. Contracting and program personnel must be provided with knowledge and

resources to ensure that purchases of products

and services are consistent with the requirements

of this order. Knowledge, will be gained through

courses offered by Federal acquisition institutions; secondly, by the training facilities contracted by individual agencies; and thirdly, from the

internal training programs developed by agencies. Resources, will be obtained through published documents and interactive tools developed specifically to aid agencies in the “green”

procurement process. Several approaches are

being used to provide training.

One training approach is the White House Task

Force on Greening the Government through

Waste Prevention and Recycling (Task Force)

working with the Defense Acquisition University

(DAU) to develop or modify courses to reflect

the objectives of E.O. 13101. The DAU is the

Department of Defense (DoD) organization that

provides training and education for the DoD

acquisition workforce. The Task Force and DAU

reviewed, analyzed, and evaluated the training

courses and submitted recommendations for

those needing modifications. Recommendations

for appropriate curriculum changes were made

in the form of learning objectives. The learning

objectives, a description of what the student

should accomplish after instruction, were based

on specific sections of the executive order. Some

sections of the order and the associated learning

objectives are shown on the next page.

As part of implementing the DAU training program, The White House Task Force on Waste

Prevention and Recycling, in conjunction with

DAU, conducted a training workshop on the

components of E.O. 13101. The workshop was

especially designed for the DAU course directors, members of the faculty and DoD functional

personnel. The Workshop provided leaders of

the university with an understanding of the

E.O. and its application within the acquisition

process. The “train the trainers” workshop was

a giant step towards guiding the Federal governments’s acquisition and procurement process

in a greener direction. 

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GREENING THE GOVERNMENT

CLOSING THE CIRCLE

Part 8

Awareness
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Part 8 - Awareness

PART 4 - ACQUISITION PLANNING, AFFIRMATIVE 

PROCUREMENT PROGRAMS, AND FEDERAL COMPLIANCE 

Learning Objective # 1 

Given a set of requirements for the procurement of a product and/or service, the student shall conduct acquisition planning by developing the plan, specifications, and work statement using the following environmental

factors for consideration:

Learning Objective # 2: 

Given simulated acquisition plans, the student shall apply the elements needed to establish and implement an

affirmative procurement program in accordance with Section 402 of Executive Order 13101.

PART 5- STANDARDS, SPECIFICATIONS, AND DESIGNATION

OF ITEMS

Learning Objective # 1: 

Given a product and/or service, the student shall develop standards and specifications using recovered materials and/or environmentally preferable products.

PART 7- APPLICABILITY AND OTHER REQUIREMENTS

Learning Objective # 1: 

Given simulated requirements for leased space, to include contractor support for assumed services, the student shall select the applicable requirements of Executive Order 13101 in the development of standards and

specifications.

Learning Objective # 2: 

Given the specifications for the acquisition and/or management of a leased space, (or the construction of a

new building) justify the inclusion for environmental and recycling provisions.

The learning objectives will formulate the foundation from which lessons will be developed for incorporation

into existing courses. As information related to specific courses becomes available, it will be posted on the

web site of the Task Force (http://www.ofee.gov).

• the elimination of virgin

material;

• the use of biobased products;

• the use of recovered material;

• the reuse of product;

• life cycle cost;

• recyclability;

• use of environmentally

preferable products;

• waste prevention; and

• ultimate disposal.
A second training approach is the Task Force

developing a comprehensive presentation on

green purchasing especially geared towards

procurement and contracting personnel. The

presentation focuses on the national policy of

buying green and addresses such issues as cost

effectiveness, mission performance, and availability. The various components of the Federal

Acquisition Regulation that pertain to green

purchasing are emphasized. Among these are:

acquisition planning, affirmative procurement

programs, needs and determinations, and relevant clauses. Procurement and contracting personnel are provided with practical exercises and

best practices on recycled content products and

environmentally preferable products and services. Examples of how green purchasing can

be incorporated into the contracting officer’s

daily procurement activities are expanded on.

Copies of the presentation on green purchasing

can be obtained by contacting the Federal

Environmental Executive (202) 564-1297.

Training on green purchasing is provided by the

Task Force on a regular basis to contracting officers and contract specialists from the DoD, the

services, Department of Energy (DOE),

Department of Health and Human Services

(HHS), and the Department of Veterans Affairs

(VA). The Task Force also educates and trains

DoD service contracting and acquisition personnel at the DoD Contracting 301 Course on a continuing basis.

A third training approach is the Task Force

working with the Federal Acquisition Institute

(FAI) to create an Internet-based course on E.O.

13101 that would be free and user friendly for

contracting and program personnel. In view of

tight travel budgets, this new type of training

encourages self-development in lieu of reliance

on traditional classroom training. The course

will contain practical exercises and a certificate

will be awarded upon completion of the course

requirements. The course when finalized will

be offered through the FAI web site. 

Yet another approach being utilized involves

individual agencies using training to educate

the relevant program and acquisition personnel

such as credit card holders, program managers,

project managers, and contracting officers about

the requirements of E.O. 13101. This training

consists of agency-sponsored workshops, electronic training, manuals, and contracting officer

warrant maintenance programs. Many agencies

are putting such training into their agency

strategic plans to implement E.O. 13101.

The Task Force has developed various additional non-training initiatives to promote awareness

and outreach in regard to waste prevention,

recycling, and the acquisition of recycled content and environmentally preferable products

and services. These initiatives include: 

The Federal Environmental Executive convenes

monthly meetings of representatives of Federal

agencies, known as the Executive Order

Interagency Advisory Group (EOIAG), to discuss issues and share information pertaining to

implementation of the E.O.. 

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Part 8 - Awareness

For instance, the Department of Veterans Affairs

(VA) is providing training on green purchasing in

their seminars for contracting officers and heads

of contracting activities throughout the country;

VA includes training on green purchasing and

E.O. 13101. At VA Logistics Management

Conferences/Seminars for Program Managers

and Materials Managers, there is training on E.O.

13101, specifications and requirements, and

compliance inspections.
Some meetings are dedicated to specific components of the E.O., i.e., establishment of goals,

discussion of biobased products, and development of agency award programs.

The FEE web site, www.ofee.gov, has information pertinent to implementation of E.O. 13101,

including the Government-wide Strategic Plan,

the Recycling for the Future: Consider the

Benefits publication, the Recycling for the

Future: It’s Everybody’s Business publication;

and agency success stories. This web site has a

link to a large number of agency environmental

and acquisition sites that provide information

on E.O. 13101 topics.

The Task Force realizes that initiation of strong

relationships and partnering arrangements with

other government agencies will facilitate and

maximize the implementation of the Executive

Order and promote outreach efforts and has

aggressively sought out such partnering

arrangements. 

The Task Force is partnering with the

Committee for Purchases From People Who are

Blind or Severely Disabled, a small independent

Federal agency. The Committee administers the

Javits-Wagner-O’Day (JWOD) Act. The JWOD

Program is a procurement program that generates jobs for individuals who have disabilities.

Two important procurement programs are being

promoted at the same time: buying green and

buying products from nonprofit organizations

that employ people with disabilities. The

JWOD Program now carries many recycled

products. For example, Base Supply Centers

operated under the auspices of the JWOD

Program are located at various military installations. These Supply Centers will maintain only

copier paper that complies with E.O. 13101.

Personnel who use those Supply Centers will

purchase copier paper that complies with E.O.

13101 while at the same time purchasing from

those individuals who have disabilities. JWOD

is also actively seeking to add new green products to its inventory of items manufactured. 

The Task Force is partnering with Electronic

Commerce Resource Centers (ECRCs), a DoD

initiative, to examine additional ways to achieve

implementation of the Executive Order. The

ECRCs train thousands of companies; the Task

Force will provide information on E.O. 13101

and other environmental training material to

the ECRCs for inclusion into their training. This

will provide companies/suppliers with expanded business opportunities.

The Task Force is working with the Small

Business Administration (SBA) to provide information on E.O. 13101 to small businesses. Small

Business Development Centers (SBDCs) are providing up-to-date publications and training

materials on relevant components of the E.O. to

small businesses through their extensive network of locations. The Task Force is working on

the development of an electronic presentation

on E.O. 13101 that will be targeted especially for

small businesses. The Task Force is also coordinating with agency Office of Small and

Disadvantaged Business Utilization Directors

(OSDBU) on efforts that can be beneficial to

both small businesses and the acquisition of

recycled content and environmentally preferable

products and services. 

Sec. 802. Internal Agency Awards Programs.

Each agency shall develop an internal agencywide awards program, as appropriate, to

reward its most innovative environmental programs. Among others, winners of agency-wide

awards will be eligible for the White House

Awards Program. 

Internal Agency Awards Programs

Although each agency develops their own environmental recognition program, generally the

categories are similar to those of the White

House Closing the Circle Awards. Several agencies have added an environmental category to

department wide-awards from the Office of the

Secretary.

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Part 8 - Awareness
Sec. 803. White House Awards Program. A

Government-wide award will be presented

annually by the White House to the best, most

innovative programs implementing the objectives of this order to give greater visibility to

these efforts so that they can be incorporated

Government-wide. The White House Awards

Program will be administered jointly by the

FEE and the CEQ.

White House Awards Program

The White House Closing the Circle Awards

program was developed to recognize federal

employees and their facilities for efforts which

resulted in significant contributions to or have

made a significant impact on the environment

in specific categories under the Executive Order

13101. Every year this program continues to

seek and nationally recognize great affirmative

procurement, waste reduction and recycling

success stories that can set the example for other

federal facilities to follow. The existing categories are: 

• Waste Prevention

• Recycling

• Affirmative Procurement

• Environmental Preferability

• Model Facility Demonstrations

• Sowing the Seeds for Change

Each category recognizes efforts made by either

an individual federal employee (“individual

award”) or teams/groups of federal employees

(including teams made of federal and contract

employees) at government facilities (“team/project award”). Each category will also recognize

“Military” and “Civilian” nominations with

separate awards. The box below describes the

award categories, and while not all inclusive, it

will help to understand the criteria used to

judge and evaluate the nominations for awards. 

Beginning in calendar year 2000, a new award

category, “Outreach” will recognize those individual and/or team activities designed to get

more people to better understand about the big

environmental and economic benefits resulting

from recycling and buying recycled content

products.

Individual awards will also be presented under

Executive Order 12856, Federal Compliance

With Right-to-Know Laws and Pollution

Prevention Requirements. President Clinton

signed Executive Order 12856 pledging the

Federal Government to protect the environment

by preventing pollution at the source. The

Executive Order required EPA to establish the

“Federal Government Environmental Challenge

Program” including the Environmental

Challenge Award to recognize individual

Federal employees who display outstanding

leadership in pollution prevention. The award

recognizes individuals that have demonstrated

outstanding leadership in implementing the

pollution prevention provisions of Executive

Order 12856. These awards have been combined with the E.O. 13101 Closing the Circle

Award programs.

Also beginning in calendar year 2000, federal

agencies will implement within their own inhouse environmental recognition programs, categories consistent with the White House

Closing the Circle Awards. These agency-wide

winners will then be eligible to compete for the

annual White House Program.

Please see Appendix N for a complete list of the

Closing The Circle Award winners from 1995-

1999. Additional information on the nomination process and application deadline can be

found on our Web site: www.ofee.gov. 

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Part 8 - Awareness
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Part 8 - Awareness

Closing the Circle Award Categories 

Waste Prevention — This category recognizes reductions in the generation of wastes from a Federal facility

through any change in the design, manufacturing, or use of materials or products; and/or the amount of toxicity in

waste materials before recycling, treatment or disposal. 

Recycling — This category recognizes outstanding activities, including outreach, collection, separation and processing by which products or other materials are recovered from the waste stream for use in the manufacture of

new products (other than fuel for producing heat or power by combustion) at a Federal site, facility, or operation. 

Affirmative Procurement — This category recognizes

the most effective and innovative programs implemented for the

purchase and use of products containing recovered materials at

a Federal site, facility, or operation. This award focuses on, but is

not limited to, those products designated in the Environmental

Protection Agency Comprehensive Procurement Guidelines

(CPG). 

Environmental Preferability — This category recognizes the

best examples of acquiring, using, or validating products or services that have a reduced impact on human health and the environment when compared with competing products or services

that serve the same purpose; an outstanding improvement to a

process that resulted in significant monetary savings and benefit

to the environment; product testing that led to the approval and

use of environmentally preferable or sound products and services. 

Model Facility — This award recognizes achievements by an

individual or team/group for outstanding contribution to waste prevention, recycling and affirmative procurement through its

leadership, investment in resources and change in culture.

Notwithstanding the name “Model Facility,” an individual who

virtually singlehandedly designed and executed the program

submitted can be nominated in this category. 

Sowing the Seeds for Change — This category should be considered when an individual or team/group leads an activity, or

conducts an infrastructure or policy change that advances the

objectives of the E.O., but does not have a direct impact on the

waste being reduced, recycling effort developed or affirmative

procurement practice implemented. 

Outreach — This category recognizes those individuals or

teams/groups who have implemented outreach programs/projects or educational efforts designed to promote the goals and

objectives of E.O. 13101. These programs successfully acquaint

the federal community and the public sector of the environmental and economic benefits of recycling. In doing so, the Program

provides tangible benefits to the recycling and “buy recycled”

efforts at the facility and/or local community. 

“Think Globally, Act Locally” — Did you ever wonder how one individual could make an environmental

impact on this big earth? Mrs. Helen V. Walker of the

11th Civil Engineer Squadron has taken “act locally”

to new heights. While maintaining a full-time job as

an Engineering Technician, she established and

spearheaded all aspects of the Bolling Air Force

Base, Washington, DC recycling programs including

solid waste reduction and reporting, composting,

affirmative procurement reporting, environmental

compliance, and education. Her goals were to create

positive attitudes by changing behavior patterns

towards resource recovery for future generations. A

1999 Closing the Circle Award Winner!

Executive Order 12856 — This award recognizes

individuals that have demonstrated outstanding

leadership in implementing the pollution prevention provisions of Executive Order 12856. The

Federal Environmental Executive is pleased to continue incorporating this Environmental Challenge

Award

into the

Closing

the Circle

Award

Program. 
Other Awareness Initiatives

Paper — American Paper and Forest

Association (AF&PA) holds an annual “Best

Paper Recycling Award”. This national awards

program recognizes the best recycling programs

in America with cash prizes, a recognition certificate, and a hometown awards ceremony.

Finalists receive a plaque recognizing their contribution to paper recovery and recycling. There

are several criteria measured when selecting the

winners and AF&PA is especially interested in

paper collection programs that emphasize

improving recovered paper quality. New in 1999

was a federal government category open to any

U.S. federal facility. The first federal facility

winning this award was: Fort Hood Recycle,

Fort Hood, TX. The finalist facility was U.S.

Postal Service, in Lansing, MI. 

America Recycles Day — The Office of the

Federal Environmental Executive, in conjunction with several federal agencies, actively participates in the annual America Recycles Day

(ARD) celebration every November 15th. ARD

is a unique public/private partnership bringing

together government officials, environmental

organizations and manufacturing industries

with a shared objective of increasing recycling

and the purchase of recycled content products.

Thousands of events are celebrated across the

United States designed to promote the social,

environmental and economic benefits of recycling. For more information about America

Recycles Day, please see Appendix J.

NRC-FEE Confluence — The National Recycling

Coalition (NRC) hosts the annual National

Recycling Congress. The annual Congress offers

recyclers an opportunity for education, networking with vendors, government officials and

company representatives, and entertainment.

Attendees share innovative ideas, products, services and practices within the industry. The

annual Congress offers plenary and concurrent

educational sessions, an awards program, facility tours, and a large exhibit program focused on

recycling and waste prevention. Exhibitors

include representatives of recycling companies,

solid waste companies, computer vendors, government agencies, non-profits, consulting firms,

and specialty houses.

Since 1996, the Office of the Federal

Environmental Executive has provided educational sessions for Federal attendees, focused on

implementation of E.O. 13101 and its predecessor, E.O. 12873. DoD also offers three educational sessions focused on recycling issues pertinent to DoD installations - and which often are

pertinent to civilian Federal agencies as well.

Federal attendees thus have the opportunity to

learn about waste prevention, recycling, affirmative procurement, and other market development strategies by attending sessions offered by

OFEE, NRC, or the Department of Defense. The

Task Force on Recycling, DoD, GSA, USPS,

USDA, EPA, and other Federal agencies also

exhibit during the National Recycling Congress,

presenting Federal attendees with additional

opportunities to learn from one another.

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Part 8 - Awareness
September 14, 1998

EXECUTIVE ORDER

- - - - - - - 

GREENING THE GOVERNMENT

THROUGH WASTE PREVENTION, RECYCLING, AND FEDERAL ACQUISITION 

By the authority vested in me as President by the Constitution and the laws of the United States of

America, including the Solid Waste Disposal Act, Public Law 89-272, 79 Stat. 997, as amended by the

Resource Conservation and Recovery Act (RCRA), Public Law 94-580, 90 Stat. 2795, as amended (42

U.S.C. 6901-6907), section 301 of title 3, United States Code, and in order to improve the Federal

Government’s use of recycled products and environmentally preferable products and services, it is

hereby ordered as follows: 

PART 1 - PREAMBLE

Section 101. Consistent with the demands of efficiency and cost effectiveness, the head of each

Executive agency shall incorporate waste prevention and recycling in the agency’s daily operations

and work to increase and expand markets for recovered materials through greater Federal

Government preference and demand for such products. It is the national policy to prefer pollution

prevention, whenever feasible. Pollution that cannot be prevented should be recycled; pollution that

cannot be prevented or recycled should be treated in an environmentally safe manner. Disposal

should be employed only as a last resort.

Sec. 102. Consistent with policies established by the Office of Federal Procurement Policy

(“OFPP”) Policy Letter 92-4, agencies shall comply with executive branch policies for the acquisition

and use of environmentally preferable products and services and implement cost-effective procurement preference programs favoring the purchase of these products and services.

Sec. 103. This order creates a Steering Committee, a Federal Environmental Executive (“FEE”),

and a Task Force, and establishes Agency Environmental Executive (“AEE”) positions within each

agency, to be responsible for ensuring the implementation of this order. The FEE, AEE’s, and members of the Steering Committee and Task Force shall be full-time Federal Government employees. 

PART 2 - DEFINITIONS

For purposes of this order:

Sec. 201. “Environmentally preferable” means products or services that have a lesser or reduced

effect on human health and the environment when compared with competing products or services

that serve the same purpose. This comparison may consider raw materials acquisition, production,

manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product or

service.

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GREENING THE GOVERNMENT

CLOSING THE CIRCLE

Appendix A
Sec. 202. “Executive agency” or “agency” means an Executive agency as defined in 5 U.S.C. 105.

For the purpose of this order, military departments, as defined in 5 U.S.C. 102, are covered under the

auspices of the Department of Defense.

Sec. 203. “Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item.

“Postconsumer material” is a part of the broader category of “recovered material.”

Sec. 204. “Acquisition” means the acquiring by contract with appropriated funds for supplies or

services (including construction) by and for the use of the Federal Government through purchase or

lease, whether the supplies or services are already in existence or must be created, developed, demonstrated, and evaluated. Acquisition begins at the point when agency needs are established and

includes the description of requirements to satisfy agency needs, solicitation and selection of sources,

award of contracts, contract financing, contract performance, contract administration, and those technical and management functions directly related to the process of fulfilling agency needs by contract.

Sec. 205. “Recovered materials” means waste materials and by-products that have been recovered

or diverted from solid waste, but such term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process (42 U.S.C. 6903 (19)).

Sec. 206. “Recyclability” means the ability of a product or material to be recovered from, or otherwise diverted from, the solid waste stream for the purpose of recycling.

Sec. 207. “Recycling” means the series of activities, including collection, separation, and processing, by which products or other materials are recovered from the solid waste stream for use in the

form of raw materials in the manufacture of new products other than fuel for producing heat or

power by combustion.

Sec. 208. “Waste prevention” means any change in the design, manufacturing, purchase, or use of

materials or products (including packaging) to reduce their amount or toxicity before they are discarded. Waste prevention also refers to the reuse of products or materials.

Sec. 209. “Waste reduction” means preventing or decreasing the amount of waste being generated

through waste prevention, recycling, or purchasing recycled and environmentally preferable products.

Sec. 210. “Life cycle cost” means the amortized annual cost of a product, including capital costs,

installation costs, operating costs, maintenance costs, and disposal costs discounted over the lifetime

of the product.

Sec. 211. “Life cycle assessment” means the comprehensive examination of a product’s environmental and economic aspects and potential impacts throughout its lifetime, including raw material

extraction, transportation, manufacturing, use, and disposal.

Sec. 212. “Pollution prevention” means “source reduction” as defined in the Pollution Prevention

Act of 1990 (42 U.S.C. 13102), and other practices that reduce or eliminate the creation of pollutants

through: (a) increased efficiency in the use of raw materials, energy, water, or other resources; or (b)

protection of natural resources by conservation.

Sec. 213. “Biobased product” means a commercial or industrial product (other than food or feed)

that utilizes biological products or renewable domestic agricultural (plant, animal, and marine) or

forestry materials.

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Appendix A
Sec. 214. “Major procuring agencies” shall include Cabinet agencies and any other Executive

agency that procures over $50 million per year of goods and services.

PART 3 -THE ROLES AND DUTIES OF THE STEERING COMMITTEE, FEDERAL

ENVIRONMENTAL EXECUTIVE, TASK FORCE, AND AGENCY ENVIRONMENTAL

EXECUTIVES

Sec. 301. Committees, Executives, and Task Force. (a) Steering Committee. There is hereby established a Steering Committee on Greening the Government through Waste Prevention and Recycling

(“Steering Committee”). The Steering Committee shall be composed of the Chair of the Council on

Environmental Quality (“CEQ”), the Federal Environmental Executive (“FEE”), and the Administrator

of the Office of Federal Procurement Policy (“OFPP”). The Steering Committee, which shall be

chaired by the Chair of the CEQ, is directed to charter a Task Force to facilitate implementation of this

order, and shall provide the Task Force with policy direction in such implementation. 

(b) Federal Environmental Executive. A FEE shall be designated by the President. The FEE shall

chair the Task Force described in subsection (c), take all actions necessary to ensure that the agencies

comply with the requirements of this order, and generate a biennial report to the President. 

(c) Task Force. The Steering Committee shall charter a Task Force on Greening the Government

through Waste Prevention and Recycling (“Task Force”), which shall be chaired by the FEE and composed of staff from the major procuring agencies. The Steering Committee, in consultation with the

agencies, shall determine the necessary staffing and resources for the Task Force. The major procuring agencies shall provide, to the extent practicable and permitted by law, resources and support to

the Task Force and the FEE, upon request from the Steering Committee. The Task Force shall have

the duty of assisting the FEE and the agencies in implementing this order, subject to policy direction

provided by the Steering Committee. The Task Force shall report through the FEE to the Chair of

the Steering Committee.

(d) Agency Environmental Executives (AEEs). Within 90 days after the date of this order, the head

of each Executive department and major procuring agency shall designate an AEE from among his or

her staff, who serves at a level no lower than the Assistant Secretary level or equivalent, and shall

notify the Chair of CEQ and the FEE of such designation. 

Sec. 302. Duties. (a) The Federal Environmental Executive. The FEE, working through the Task

Force, and in consultation with the AEEs, shall:

1) Develop a Government-wide Waste Prevention and Recycling Strategic Plan (“Strategic Plan”)

to further implement this order. The Strategic Plan should be initially developed within 180 days of

the date of this order and revised as necessary thereafter. The Strategic Plan should include, but is not

limited to, the following elements:

a) direction and initiatives for acquisition of recycled and recyclable products and environmentally preferable products and services;

b) development of affirmative procurement programs;

c) review and revision of standards and product specifications;

d) assessment and evaluation of compliance;

e) reporting requirements;

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Appendix A
f) outreach programs to promote adoption of practices endorsed in this order; and

g) development and implementation of new technologies that are of environmental significance. 

2) Prepare a biennial report to the President on the actions taken by the agencies to comply with

this order. The report also may incorporate information from existing agency reports regarding government-wide progress in implementing the following Executive Orders: 12843, Procurement

Requirements and Policies for Federal Agencies for Ozone Depleting Substances; 13031, Federal

Alternative Fueled Vehicle Leadership; 12845, Requiring Agencies to Purchase Energy Efficient

Computer Equipment; 12856, Federal Compliance with Right-to-Know Laws and Pollution

Prevention Requirements; 12902, Energy Efficiency and Water Conservation at Federal Facilities; and

12969, Federal Acquisition and Community Right-to-Know.

3) In coordination with the Office of Federal Procurement Policy, the Environmental Protection

Agency (EPA), the General Services Administration (GSA), and the Department of Agriculture

(USDA), convene a group of acquisition/procurement managers and environmental state, and local

government managers to work with state, and local governments to improve the Federal, state and

local governments’ use of recycled products and environmentally preferable products and services. 

(4) Coordinate appropriate government-wide education and training programs for agencies.

(5) Establish committees and work groups, as needed, to identify, assess, and recommend actions

to be taken to fulfill the goals, responsibilities, and initiatives of the FEE. As these committees and

work groups are created, agencies are requested to designate appropriate personnel in the areas of

procurement and acquisition, standards and specifications, electronic commerce, facilities management, pollution prevention, waste prevention, and recycling, and others as needed to staff and work

on these initiatives. An initial group shall be established to develop recommendations for tracking

and reporting requirements, taking into account the costs and benefits of such tracking and reporting.

The Steering Committee shall consult with the AEEs before approving these recommendations.

(b) Agency Environmental Executives. The AEEs shall:

(1) translate the Government-wide Strategic Plan into specific Agency and Service Plans;

(2) implement the specific Agency and Service plans;

(3) report to the FEE on the progress of plan implementation;

(4) work with the FEE and the Task Force in furthering implementation of this order; and

(5) track agencies’ purchases of EPA-designated guideline items and report agencies’ purchases of

such guideline items to the FEE per the recommendations developed in subsection 302(a)(5) of this

order. Agency acquisition and procurement personnel shall justify in writing to the file and to the

AEE the rationale for not purchasing such items, above the micropurchase threshold (as set out in the

Office of Federal Procurement Policy Act at 41 U.S.C. 428), and submit a plan and timetable for

increasing agency purchases of the designated item(s). 

(6) one year after a product is placed on the USDA Biobased Products List, estimate agencies’ purchases of products on the list and report agencies’ estimated purchases of such products to the

Secretary of Agriculture. 

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Appendix A
PART 4 - ACQUISITION PLANNING, AFFIRMATIVE PROCUREMENT PROGRAMS,

AND FEDERAL FACILITY COMPLIANCE

Sec. 401. Acquisition Planning. In developing plans, drawings, work statements, specifications, or

other product descriptions, agencies shall consider, as appropriate, a broad range of factors including:

elimination of virgin material requirements; use of biobased products; use of recovered materials;

reuse of product; life cycle cost; recyclability; use of environmentally preferable products; waste prevention (including toxicity reduction or elimination); and ultimate disposal. These factors should be

considered in acquisition planning for all procurement and in the evaluation and award of contracts,

as appropriate. Program and acquisition managers should take an active role in these activities.

Sec. 402. Affirmative Procurement Programs. (a) The head of each Executive agency shall develop

and implement affirmative procurement programs in accordance with section 6002 of the RCRA (42

U.S.C. 6962) and this order and consider use of the procurement tools and methods described in 7

U.S.C. 5909. Agencies shall ensure that responsibilities for preparation, implementation, and monitoring of affirmative procurement programs are shared between the program personnel and acquisition

and procurement personnel. For the purposes of all purchases made pursuant to this order, EPA, in

consultation with such other Executive agencies as appropriate, shall endeavor to maximize environmental benefits, consistent with price, performance, and availability considerations, and constraints

imposed by law, and shall adjust solicitation guidelines as necessary in order to accomplish this goal. 

(b) Agencies shall establish affirmative procurement programs for all EPA-designated guideline

items purchased by their agency. For newly designated items, agencies shall revise their internal programs within one year from the date EPA designated the new items.

(c) Exclusive of the biobased products described in section 504, for the EPA-designated guideline

items, which are contained in 40 CFR part 247, and for all future designated guideline items, agencies

shall ensure that their affirmative procurement programs require 100 percent of their purchases of

products to meet or exceed the EPA guideline unless written justification is provided that a product is

not available competitively within a reasonable time frame, does not meet appropriate performance

standards, or is only available at an unreasonable price. Written justification is not required for purchases below the micropurchase threshold. For micropurchases, agencies shall provide guidance

regarding purchase of EPA-designated guideline items. This guidance should encourage consideration of aggregating purchases when this method would promote economy and efficiency.

(d) Within 90 days after the date of this order, the head of each Executive agency that has not

implemented an affirmative procurement program shall ensure that the affirmative procurement program has been established and is being implemented to the maximum extent practicable.

Sec. 403. Federal Facility Compliance. (a) Within six months of the date of this order, the

Administrator of EPA shall, in consultation with the Federal Environmental Executive, prepare guidance for use in determining federal facility compliance with RCRA section 6002 and the related

requirements of this order.

(b) EPA inspections of federal facilities conducted pursuant to RCRA and the Federal Facility

Compliance Act and EPA “multi-media” inspections carried out at Federal facilities will include,

where appropriate, evaluation of facility compliance with RCRA section 6002 and any implementing

guidance.

(c) Where inspections of federal facilities are carried out by authorized states pursuant to RCRA

Appendix A

94
95

and the Federal Facility Compliance Act, the Administrator will encourage those states to include

evaluation of facility compliance with RCRA section 6002 in light of EPA guidance prepared pursuant

to subsection (a), where appropriate, similar to inspections performed by EPA. EPA may provide

information and technical assistance to the states to enable them to include such considerations in

their inspection.

(d) EPA shall report annually to the Federal Environmental Executive on the results of inspections

performed by EPA to determine federal facility compliance with RCRA section 6002 not later than

February first for those inspections conducted during the previous fiscal year. 

PART 5 - STANDARDS, SPECIFICATIONS, AND DESIGNATION OF ITEMS

Sec. 501. Specifications, Product Descriptions, and Standards. When developing, reviewing, or

revising Federal and military specifications, product descriptions (including commercial item descriptions), and standards, Executive agencies shall consider recovered materials and any environmentally

preferable purchasing criteria developed by EPA, and ensure the criteria are complied with in developing or revising standards. Agencies shall report annually to the FEE on their compliance with this

section for incorporation into the biennial report to the President referred to in section 302 of this

order.

(a) If an inconsistency with RCRA section 6002 or this order is identified in a specification, standard, or product description, the FEE shall request that the Environmental Executive of the pertinent

agency advise the FEE as to why the specification cannot be revised or submit a plan for revising it

within 60 days.

(b) If an agency is able to revise an inconsistent specification but cannot do so within 60 days, it is

the responsibility of that AEE to monitor and implement the plan for revising it.

Sec. 502. Designation of Items that Contain Recovered Materials. In order to expedite the process

of designating items that are or can be made with recovered materials, EPA shall use the following

process for designating these items in accordance with RCRA section 6002(e). 

(a) EPA shall designate items that are or can be made with recovered material, by promulgating

amendments to the Comprehensive Procurement Guideline (“CPG”). The CPG shall be updated

every two years or as appropriate after an opportunity for public comment.

(b) Concurrent with the issuance of the CPG, EPA shall publish for comment in the Federal

Register, Recovered Materials Advisory Notices that present the range of recovered materials content

levels within which the designated items are currently available. These levels shall be updated periodically, after opportunity for public comment, to reflect changes in market conditions.

(c) Once items containing recovered materials have been designated by EPA in the CPG, agencies

shall modify their affirmative procurement programs to require that, to the maximum extent practicable, their purchases of products meet or exceed the EPA guidelines unless written justification is provided that a product is not available competitively, not available within a reasonable time frame, does

not meet appropriate performance standards, or is only available at an unreasonable price.

Sec. 503. Guidance on Acquisition of Environmentally Preferable Products and Services. (a) EPA

shall develop Guidance within 90 days from the date of this order to address environmentally preferable purchasing. The Guidance may be based on EPA’s September 1995 Proposed Guidance on the

Acquisition of Environmentally Preferable Products and Services and comments received thereon.

Appendix A
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Appendix A

The Guidance should be designed for government-wide use and targeted towards products and services that have the most effect. The Guidance may also address the issues of use of the technical

expertise of non-governmental entities and tools such as life cycle assessment in decisions on environmentally preferable purchasing. EPA shall update this Guidance every two years, or as appropriate.

(b) Agencies are encouraged to immediately test and evaluate the principles and concepts contained in EPA’s Guidance on the Acquisition of Environmentally Preferable Products and Services

through pilot projects to provide practical information to EPA for further updating of the Guidance.

Specifically:

(1) These pilot projects shall be focused around those product and service categories, including

printing, that have wide use within the Federal Government. Priorities regarding which product and

service categories to pilot shall be developed by the individual agencies and EPA, in consultation with

OFPP, the FEE, and the appropriate agency Procurement Executives. Any policy disagreements shall

be resolved by the Steering Committee.

(2) Agencies are encouraged to use all of the options available to them to determine the environmentally preferable attributes of products and services in their pilot and demonstration projects,

including the use of technical expertise of non-governmental entities such as labeling, certification, or

standards-developing organizations, as well as using the expertise of the National Institute of

Standards and Technology.

(3) Upon request and to the extent practicable, EPA shall assist the Executive agencies in designing, implementing, and documenting the results of these pilot and demonstration projects. 

(4) EPA, in coordination with other Executive agencies, shall develop a database of information

about these projects, including, but not limited to, the number and status of pilot projects, examples of

agencies’ policy directives, revisions to specifications, solicitation procedures, and grant/contract policies that facilitate adoption of environmentally preferable purchasing practices, to be integrated on a

commonly available electronic medium (e.g., Internet Web site). These data are to be reported to the

FEE.

(c) Executive agencies shall use the principles and concepts in the EPA Guidance on Acquisition of

Environmentally Preferable Products and Services, in addition to the lessons from the pilot and

demonstration projects, to the maximum extent practicable, in identifying and purchasing environmentally preferable products and services and shall modify their procurement programs as appropriate.

Sec. 504. Designation of Biobased Items by the USDA. The USDA Biobased Products

Coordination Council shall, in consultation with the FEE, issue a Biobased Products List. 

(a) The Biobased Products List shall be published in the Federal Register within 180 days after the

date of this order and shall be updated bi-annually after publication to include additional items. 

(b) Once the Biobased Products List has been published, agencies are encouraged to modify their

affirmative procurement program to give consideration to those products.

Sec. 505. Minimum Content Standard for Printing and Writing Paper. Executive agency heads

shall ensure that their agencies meet or exceed the following minimum materials content standards

when purchasing or causing the purchase of printing and writing paper: 
(a) For high speed copier paper, offset paper, forms bond, computer printout paper, carbonless

paper, file folders, white wove envelopes, writing and office paper, book paper, cotton fiber paper, and

cover stock, the minimum content standard shall be no less than 30 percent postconsumer materials

beginning December 31, 1998. If paper containing 30 percent postconsumer material is not reasonably

available, does not meet reasonable performance requirements, or is only available at an unreasonable

price, then the agency shall purchase paper containing no less than 20 percent postconsumer material.

The Steering Committee, in consultation with the AEEs, may revise these levels if necessary.

(b) As an alternative to meeting the standards in sections 505(a), for all printing and writing

papers, the minimum content standard shall be no less than 50 percent recovered materials that are a

waste material byproduct of a finished product other than a paper or textile product that would otherwise be disposed of in a landfill, as determined by the State in which the facility is located.

(c) Effective January 1, 1999, no executive branch agency shall purchase, sell, or arrange for the

purchase of printing and writing paper that fails to meet the minimum requirements of this section. 

Sec. 506. Revision of Brightness Specifications and Standards. The GSA and other Executive

agencies are directed to identify, evaluate, and revise or eliminate any standards or specifications

unrelated to performance that present barriers to the purchase of paper or paper products made by

production processes that minimize emissions of harmful byproducts. This evaluation shall include a

review of unnecessary brightness and stock clause provisions, such as lignin content and chemical

pulp requirements. The GSA shall complete the review and revision of such specifications within six

months after the date of this order, and shall consult closely with the Joint Committee on Printing during such process. The GSA shall also compile any information or market studies that may be necessary to accomplish the objectives of this provision.

Sec. 507. Procurement of Re-refined Lubricating Oil and Retread Tires. (a) Agencies shall implement the EPA procurement guidelines for re-refined lubricating oil and retread tires. Fleet and commodity managers shall take immediate steps, as appropriate, to procure these items in accordance

with RCRA section 6002. This provision does not preclude the acquisition of biobased (e.g., vegetable) oils.

(b) The FEE shall work to educate Executive agencies about the new Department of Defense

Cooperative Tire Qualification Program, including the Cooperative Approval Tire List and

Cooperative Plant Qualification Program, as they apply to retread tires.

PART 6 - AGENCY GOALS AND REPORTING REQUIREMENTS

Sec. 601. Agency Goals. (a)(1) Each agency shall establish either a goal for solid waste prevention

and a goal for recycling or a goal for solid waste diversion to be achieved by January 1, 2000. Each

agency shall further assure that the established goals include long-range goals to be achieved by the

years 2005 and 2010. These goals shall be submitted to the FEE within 180 days after the date of this

order. 

(2) In addition to white paper, mixed paper/cardboard, aluminum, plastic, and glass, agencies

should incorporate into their recycling programs efforts to recycle, reuse, or refurbish pallets and collect toner cartridges for remanufacturing. Agencies should also include programs to reduce or recycle,

as appropriate, batteries, scrap metal, and fluorescent lamps and ballasts. 

(b) Agencies shall set goals to increase the procurement of products that are made with recovered

materials, in order to maximize the number of recycled products purchased, relative to non-recycled

alternatives. 

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Appendix A

(c) Each agency shall set a goal for increasing the use of environmentally preferable products and

services, for those products and services for which the agency has completed a pilot program. 

(d) Agencies are encouraged to incorporate into their Government Performance Results Act annual

performance plans the goals listed in subsections (a), (b), and (c) above, starting with the submittal to

the Office of Management and Budget of the plan accompanying the FY 2001 budget. 

(e) Progress on attaining these goals should be reported by the agencies to the FEE for the biennial

report specified in section 302 of this order.

PART 7 - APPLICABILITY AND OTHER REQUIREMENTS

Sec. 701. Contractor Applicability. Contracts that provide for contractor operation of a government-owned or -leased facility and/or contracts that provide for contractor or other support services

at government-owned or -operated facilities awarded by Executive agencies after the date of this

order, shall include provisions that obligate the contractor to comply with the requirements of this

order within the scope of its operations. 

Sec. 702. Real Property Acquisition and Management. Within 90 days after the date of this order,

and to the extent permitted by law and where economically feasible, Executive agencies shall ensure

compliance with the provisions of this order in the acquisition and management of federally owned

and leased space. GSA and other Executive agencies shall also include environmental and recycling

provisions in the acquisition and management of all leased space and in the construction of new federal buildings.

Sec. 703. Retention of Funds. (a) The Administrator of GSA shall continue with the program that

retains for the agencies the proceeds from the sale of materials recovered through recycling or waste

prevention programs and specifying the eligibility requirements for the materials being recycled.

(b) Agencies in non-GSA-managed facilities, to the extent permitted by law, should develop a plan

to retain the proceeds from the sale of materials recovered through recycling or waste prevention programs.

Sec. 704. Model Facility Programs. Each Executive agency shall establish a model demonstration

program incorporating some or all of the following elements as appropriate. Agencies are encouraged

to demonstrate and test new and innovative approaches such as incorporating environmentally

preferable and bio-based products; increasing the quantity and types of products containing recovered

materials; expanding collection programs; implementing source reduction programs; composting

organic materials when feasible; and exploring public/private partnerships to develop markets for

recovered materials.

Sec. 705. Recycling Programs. (a) (1) Each Executive agency that has not already done so shall initiate a program to promote cost effective waste prevention and recycling of reusable materials in all of

its facilities. The recycling programs implemented pursuant to this section must be compatible with

applicable State and local recycling requirements. (2) Agencies shall designate a recycling coordinator

for each facility or installation. The recycling coordinator shall implement or maintain waste prevention and recycling programs in the agencies’ action plans.

(b) Executive agencies shall also consider cooperative ventures with State and local governments

to promote recycling and waste reduction in the community.

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Appendix A

Sec. 706. Review of Implementation. The President’s Council on Integrity and Efficiency will

request that the Inspectors General periodically review agencies’ implementation of this order.

PART 8 - AWARENESS

Sec. 801. Training. (a) Within 180 days of the date of this order, the FEE and OFPP should evaluate

the training courses provided by the Federal Acquisition Institute and the Defense Acquisition

University and recommend any appropriate curriculum changes to ensure that procurement officials

are aware of the requirements of this order. 

(b) Executive agencies shall provide training to program management and requesting activities as

needed to ensure awareness of the requirements of this order. 

Sec. 802. Internal Agency Awards Programs. Each agency shall develop an internal agency-wide

awards program, as appropriate, to reward its most innovative environmental programs. Among others, winners of agency-wide awards will be eligible for the White House awards program.

Sec. 803. White House Awards Program. A government-wide award will be presented annually by

the White House to the best, most innovative program implementing the objectives of this order to

give greater visibility to these efforts so that they can be incorporated government-wide.

PART 9 - REVOCATION, LIMITATION AND IMPLEMENTATION

Sec. 901. Executive Order No. 12873, of October 20, 1993, is hereby revoked.

Sec. 902. This order is intended only to improve the internal management of the executive branch

and is not intended to create any right, benefit, or trust responsibility, substantive or procedural,

enforceable at law by a party against the United States, its agencies, its officers, or any other person.

Sec. 903. The policies and direction expressed in the EPA Guidance to be developed pursuant to

section 503 of this order shall be implemented and incorporated in the Federal Acquisition Regulation

within 180 days after issuance of the Guidance.

WILLIAM J. CLINTON

THE WHITE HOUSE.

September 14, 1998. 

99
DEPARTMENTS

Department of Agriculture

Dr. I. Miley Gonzalez

Room 217W Whitten Building

1400 Independence Avenue, SW

Washington, DC 20250-0103

(202) 720-5923

Deborah Matz

Deputy Assistant Secretary 

for Administration

Room 240W Whitten Building

1400 Independence Avenue, SW

Washington DC 20250-0103

(202) 720-3590

Department of Commerce

Linda Bilmes

Assistant Secretary for 

Administration

Department of Commerce

Room 5830

1400 Constitution Avenue, NW

Washington, DC 20460

(202) 482-4951

Department of Defense

Sherri Goodman

Deputy Under Secretary of Defense 

for Environmental Security

Room 3E792

3400 Defense Pentagon

Washington, DC 20301-3400

(202) 301-3400

Department of Education

Willie Gilmore

Director, Office of Management

Suite 2W300

400 Maryland Avenue, SW

Washington, DC 20202-4500

(202) 401-0470

Department of Energy

Dan Reicher

Assistant Secretary

Office of Energy Efficiency & Renewable 

Energy

Room 6C016

1000 Independence Avenue, SW

Washington, DC 20585

(202) 586-9220

Department of Health 

and Human Services

John J. Callahan

Assistant Secretary for Management 

and Budget

200 Independence Avenue, SW

Room 514G

Washington, DC 20201

(202) 690-6396

Department of Housing 

and Urban Development

Scott Cragg

Deputy Assistant Secretary 

for Technical Services

451 7th Street, SW

Washington, DC 20410

(202) 707-0614 Ext. 355

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Appendix B

Agency Environmental Executives

GREENING THE GOVERNMENT

CLOSING THE CIRCLE
Appendix B

Department of Interior

John Berry

Assistant Secretary

Office of Policy, Management & Budget

1849 C Street, NW

Washington, DC 20240

(202) 208-3891

Department of Justice

Stephen Colgate

Assistant Attorney General 

for Administration

Justice Management Division

Main Justice Building

Room 1112

950 Pennsylvania Avenue, NW

Washington, DC 20530

(202) 514-3101

Department of Labor

Patricia Lattimore

Assistant Secretary for Administration 

and Management

200 Constitution Avenue, NW

Room S 2203

Washington, DC 20210

(202) 693-4040

Department of State

Patrick Kennedy

Agency Environmental Executive

Department of State

Bureau of Administration

Washington, DC 20520

(202) 647-1492

Department of Transportation

Melissa Allen

Assistant Secretary for Administration

Room 10314

400 7th Street, SW

Washington, DC 20590

(202) 366-2332

Department of Treasury

Lisa Ross

Assistant Secretary for Management

and CFO 

Room 2426

1500 Pennsylvania Avenue, NW

Washington, DC 20220

(202) 622-0410

Department of Veteran Affairs

Edward Powell

Assistant Secretary for Financial 

Management 

Acquisition and Material Management

MC 004

810 Vermont Avenue, NW

Washington, DC 20420

(202) 273-5589

AGENCIES

Central Intelligence Agency (CIA)

Richard Calder

Deputy Director for Administration

Washington, DC 20505

(703)482-0901

Environmental Protection Agency (EPA)

Jim Aidala

Associate Assistant Administrator

Office of Prevention, Pesticide and Toxic 

Substances

MC 7101

401 M Street, SW

Washington, DC 20460

(202) 260-2897

Romulo Diaz

Assistant Administrator for 

Administration and Resource 

Management

Ariel Rios Building

1200 Pennsylvania Avenue, NW

MC 3101A

Washington, DC 20460

(202-564-4600

101
General Services Administration (GSA)

Paul Lynch 

Assistant Commissioner 

Office of Business Performance (PX)

GSA Public Buildings Service

Washington, DC 20405

(202) 501-0971

National Aeronautic Space Administration 

(NASA)

Olga M. Dominguez

Director, Environmental Management 

Division

Office of Management Systems

NASA Headquarters, Code JE

300 E Street, SW

Washington, DC 20546

(202) 358-0230

National Science Foundation (NSF)

Linda Massaro

Director, Office of Information & 

Resource Management

Suite 305

4201 Wilson Boulevard

Arlington, VA 22203

(703) 306-1100

Nuclear Regulatory Commission (NRC)

Patricia Norry

Deputy Executive Director 

for Management Services

Office of the Executive Director for 

Operations

MS O-16E15

Nuclear Regulatory Commission

Washington, DC 20555

(301) 415-7443

Office of Personnel Management (OPM)

Kirke Harper

Director, Office of Contracting and 

Administration Services

Room 1340

1900 E Street, NW

Washington, DC 20415

(202) 606-2200

U.S. Postal Service (USPS)

Dennis Baca

Agency Environmental Executive

475 L-Enfant Plaza, SW

Suite IP 830

Washington, DC 20260-2810

(202) 268-6012

Smithsonian Institution

John Cobert

Director and Contracting Officer

Office of Contracting and Property 

Management

Suite P-114

955 L’Enfant Plaza, SW

Washington, DC 20560

Social Security Administration (SSA)

Yvette Jackson

Deputy Commissioner for Finance 

Assessment & Management

Altmeyer Building, Room 800

6401 Security Boulevard

Baltimore, MD 21235

(410) 965-2910

Tennessee Valley Authority (TVA) 

Jon M. Loney

Manager, Environmental Management

TVA

400 W. Summit Hill Drive

Knoxville, TN 37902

(423) 632-3012

United States Consumer Products Safety 

Commission (USCPSC)

Mauna V. Kammer

Associate Executive Director for 

Administration

USCPSC

Suite 521A

Washington, DC 20207

(301) 504-0075 Ext. 1104

102

Appendix B
The Official Recycled Products Guide

Recycling Data Management Corporation

P.O. Box 577

Ogdensburg, NY 13669-0577

800-267-0707

The Official Recycled Products Guide is a subscription based comprehensive directory of

recycled product manufacturers and vendors.

Over 4,500 listings of manufacturers and distributors of recycled products are included. State

Solid Waste Offices, EPA Regional Offices and

State Purchasing/Procurement Offices are also

listed.

The listings are cross-referenced alphabetically,

geographically and by product type. Recycling

Data Management also offers updated information on the above toll-free line, and provides a

separate on-line computer system with information on recycled products and recycled material

markets.

U.S. Environmental Protection Agency

1200 Pennsylvania Ave., NW (5306W)

Washington, D.C. 20460

800-424-9346

To order any of the following documents, call

the toll-free number above and give the document number (in parentheses):

• WasteWi$e Tip Sheet: Buying or

Manufacturing Recycled Products 

(EPA 530-F-94-005)

This document: defines (buying recycled) and

recycled content terms, discusses the benefits of

buying or manufacturing goods with recycled

content, addresses how the purchase of recycled

products and recovered raw materials fits into

EPA’s WasteWi$e program. In addition, the

document lists types of products available with

recycled content, costs and quality of recycled

products and recovered raw materials and cites

sources of additional information.

• RAC Final Report on Recycled Paper

Definitions, Procurement Standards,

Measurement Protocol, Labeling Guidelines,

and Buy-Recycled Initiatives Background to

60 FR 14182 (3/15/95). F-95-PPRN-S0003.

• Resources about Buying Recycled Products

(530-B-98-007)

This Document provides abstracts of the fact

sheets and other non-regulatory, informational

resources relevant to the CPG.

American Forest & Paper Association

1111 19th St, NW

Suite 800

Washington, D.C. 20005

800-878-8878

http://www.afandpa.org

The agency has information on recycled paper

products

American Plastics Council

1801 K Street, N.W., Suite 701-L

Washington, D.C. 20006

800-243-5790

A Recycled Plastic Products Source Book is

available. (There is a guide for government and

business and a separate guide for consumers.)

Buy Recycled Business Alliance

1727 King Street, Suite 105

Alexandria, VA 22314-2720

703-683-9025 

www.brba.nrc-recycle.org

A publications list is available through web site

or phone.

103

GREENING THE GOVERNMENT

CLOSING THE CIRCLE

Appendix C

Green Product Information Resources
Appendix C

Green Seal

1730 Rhode Island Avenue, NW

Suite 1050

Washington, D.C. 20036-3101

202-331-7337

http://www.greenseal.org

Buy Recycled Standards for recycled products.

International Tire and Rubber Association

(ITRA)

P.O. Box 37203

Louisville, KY 40223

502-968-8900

Information is available on how to prepare bid

specifications for retread and repaired tires.

National Association for PET Container

Resources (NAPCOR)

3770 Nations Bank Corporate Center

100 North Tryon Street

Charlotte, NC 28202

704-358-8882

A purchasing guide for recycled PET plastics is

available.

National Association 

of Purchasing Management

2055 E. Centennial Circle

P.O. Box 22160

Tempe, AZ 85285-2160

602-752-6276

http://www.napm.org

The site contains information on specifications.

National Association 

of State Purchasing Officials

167 Main Street

Suite 600

Lexington, KY 40507

606-259-0959

The organization has information on

specs/computer information on recycled products.

National Institute 

of Governmental Purchasing

151 Spring Street, Suite 300

Herndon, VA 20170

703-736-8900

800-367-6447

http://www.nigp.org

Remanufacturing Industries 

Council International

4401 Fair Lakes Court, Suite 210

Fairfax, VA 22033-3848

703-968-2995

http://www.rici.org

Information on remanufactured products is

available. 

Scrap Tire Management Council

1400 K Street, NW

Washington, D.C. 20005

202-408-7781

The Recycled Rubber Products Catalogue is produced by the Council.

Secondary Materials and Recycled Textiles

7910 Woodmont Avenue, Suite 1212

Bethesda, MD 20814

301-656-1077

Secondary Materials and Recycled Textiles Buyers

Guide and Directory is available.

Additional Recycled Tire Resources

Bandag Incorporated

ATTN: Jim Murray

2905 N. Highway 61

Muscatine, IA 52761-5886

(319) 262-2432

Frank Fargo Tire & Rubber Company

135 East 58th Street

Los Angeles, CA 90011

213-231-5134

104
Appendix C

The Goodyear Tire & Rubber Company

Retread Division

1144 East Market Street

Akron, OH 44316-0001

3300-796-2884

Hercules Tire & Rubber Company

Retread Division

1300 Morrical Blvd.

Findlay, OH 45840-1699

419-425-6400

Oliver Rubber Company

165 Dougherty

Athens, GA 30603

706-354-0810

Resources for Environmentally 

Preferable Products

US Environmental Protection Agency

401 M Street, SW

Washington, DC 20460

EPA’s Greening Uncle Sam (GUS) Purchasing

Tool

EPA’s Environmentally Preferable Purchasing

Program is in the process of developing a suite

of tools to assist purchasers in putting EPP into

practice. This purchasing tool will include the

following:

• interactive general training session on EPP;

• the “how to’s” of EPP purchasing;

• “promising practices” guide for green contracts; and

• database of environmental information for

products and services.

105
106

Appendix C

RECYCLING RESOURCES

United States Environmental 

Protection Agency

To order the following EPA documents on 

waste prevention, call the RCRA Hotline at 

(800) 424-9346 or TDD (800) 553-7672 for the

hearing impaired. In Washington, DC, call 

(703) 412-9810 or TDD (703) 412-3323.

• Business Guide for Reducing Solid Waste

(EPA530-K-92-004). This comprehensive,

practical guide offers step-by-step suggestions for designing and implementing a waste

prevention program.

• Waste Prevention Pays Off: Companies Cut

Waste in the Workplace (EPA530-K-92-005).

This collection of brief case studies describes

how companies and municipalities have cut

costs by preventing waste.

• Environmental Fact Sheet: Municipal Solid Waste

Prevention in Federal Agencies (EPA530-F-92-

016). This fact sheet outlines efforts under

way by Federal agencies to reduce waste and

briefly explains how to start a waste prevention program.

• Paper-Less Office Campaign: An Agency wide

Waste Prevention Program (EPA530-F-94-012).

This brochure outlines EPA’ s campaign to

reduce the amount of paper used throughout

the Agency by a variety of methods, including double-sided copying and electronic communication.

National Office Paper Recycling 

Project & Recycling at Work

United States Conference of Mayors

1620 Eye Street, NW

Washington, D.C. 20460

202-223-3088

• Handbook on buying recycled paper and collecting office wastepaper.

• “Recycling at Work” and “Clean Your Files”

programs.

National Recycling Coalition

1727 King Street, Suite 105

Alexandria, VA 22314-2720

703-683-9025

• Publications list available through phone or

web site

Asphalt Rubber Producers Group

312 Massachusetts Avenue, NE

Washington, D.C. 20002

202-544-7111

Automotive Recyclers Association

3975 Fair Ridge Drive, Suite 20

Terrace Level- North

Fairfax, VA 22033-2944

703-385-1001

Cellulose Insulation 

Manufacturers Association

136 S. Keowee Street

Dayton, OH 45402

513-222-1024
Appendix C

Glass Packaging Institute

1627 K Street, NW Suite 800

Washington, D.C. 20006

202-887-4850

International Cartridge 

Recycling Association

1101 Connecticut Avenue, NW

Washington, D.C. 20036

202-857-1154

National Association of 

Chemical Recyclers

1200 G Street, NW, Suite 800

Washington, D.C. 20009-5728

202-434-8740

Plastic Lumber Trade Association

P.O. Box 80311

Akron, OH 44308-9998

216-762-1963

Reuse Development Organization

P.O. Box 441363

Indianapolis, IN 46244

317-631-5395

Scientific Certification Systems

1939 Harrison Street, Suite 400

Oakland, CA 94612

510-832-1415

• Certification of recycled content claims and

other environmental claims; environmental

report cards for products 

Steel Recycling Institute

Foster Plaza 10

680 Anderson Drive

Pittsburgh, PA 15220

800-876-7274

Tire Retread Information Bureau

900 Weldon Grove

Pacific Grove, CA 93950

408-372-1917

107
The following Federal agencies provide

supplies and services to the Federal

Government. Users can be assured the

products containing recovered materials have

been procured based on appropriate specifications and standards meeting the Executive

Order and RCRA requirements. These procurement sources can greatly help agencies achieve

their “buy recycled” goals. An additional benefit to buying from these sources is their ability

to track and report recycled content product

purchases directly to OMB and FEE, thereby

reducing agency reporting requirements.

General Services Administration

Through a multifaceted supply system, the

General Services Administration (GSA) Federal

Supply Service provides the Federal community

with thousands of environmentally oriented

products and services. This includes more than

1,000 EPA designated items such as: recycled

content paper and paper products, retread tires,

and building insulation; energy conserving

items including: appliances, Energy Star computers, office equipment, and alternative fueled

vehicles; reformulated paint and chemical products; and regional contracts for the recovery,

recycling, and disposal of hazardous and nonhazardous materials, including contracts for

excess furniture recycling. Information concerning these products and services is contained in

GSA’s Environmental Products Guide (EPG), a

handy reference companion to the GSA Supply

Catalog, Customer Supply Center Catalogs,

Federal Supply Schedules, and other publications. The EPG is also available on GSA’s

Multi-User File for Interagency News (MUFFIN), an electronic bulletin board. To get a copy

of the latest EPG or MUFFIN manual, contact

the GSA Centralized Mailing List Service

(CMLS), Box 6477, Fort Worth, TX 76115 or call

(817) 334-5215. For computer support help with

MUFFIN, call (703) 305-7200. GSA’s environmentally oriented products and services are

available on the Internet through GSA ADVANTAGE!, an on-line shopping service. This new

system enables GSA’s customers to browse,

search for product specific information, review

delivery options, and place orders instantly. 

The address is: http://www.gsa.gov.

Advantage On-line Shopping Service Internet email address: GSA.Advantage@gsa.gov. Voice

mail Hotline: (703) 305-7359.

Another service GSA provides allows new products to be introduced to Federal customers. The

New Item Introductory Schedule (NIIS) is a specialized Federal Supply Schedule designed to

introduce new or improved products to the

Federal government in order to test demand. If

sufficient demand develops, products are

moved from the NIIS to a permanent placement

method of supply (PPMOS). NIIS contracts are

awarded for three years under multi-year contracting authority.

GSA Forms 1171, New Item Applications are

prepared by vendors and are reviewed and

processed by the appropriate Business Service

Center (BSC), the Logistics Data Management

Division, and the appropriate commodity center, in accordance with FSS P 2901.11A.

Defense Logistics Agency

The Defense Logistics Agency (DLA) is an

important source of supply for environmental

products and supplies. DLA’ s Inventory

Control Points (buying activities) support both

108

GREENING THE GOVERNMENT

CLOSING THE CIRCLE

Appendix D

Where Can Agencies Buy Recycled

Content Products?
the Department of Defense and civilian agencies

with such diverse products as energy-efficient

lighting and motors, re-refined oil products,

alternatives to ozone-depleting chemicals, or

any of the other “Top 17” chemicals on EPA’ s

33/50 Target Chemical List, as well as recycled

content or remanufactured products.

Two important DLA resource catalogs, the

Energy Efficient Lighting Catalog and the

expanded DLA Environmental Products

Catalog, are dedicated to environmental product awareness. The DLA Environmental

Products Catalog includes items from all DLA

Inventory Control Points containing recycled

material or having other environmental benefits.

Products managed by DLA can be ordered by

simply using standard ordering procedures in

the FEDSTRIP/MILSTRIP format and submitted

via autodin, MUFFIN, DAMES, fax, or telephone.

To obtain information on these items or to be

added to the mailing database, call (800) DLABULB (800) 352-2852 or fax (800) 352-3291.

Military customers can call DSN 695-5699 or fax

DSN 695-5695. For information on the CD-ROM

version of the DLA Environmental Products

Catalog, contact the Defense Logistics Service

Center (DLSC) at (616) 961-4459 or DSN 932-

4459.

The Defense Supply Center, Richmond (DSCR),

within the DLA organization, can be accessed

on the Internet: Home Page Address is

http://www.dscr.dla.mil. On-line catalogs and

ordering is possible. Products include energy

efficient lighting, environmentally preferable

products, motor oil, saws, welding machines,

food services, etc. Their Director for Business

Development can be reached at (800) 352-2852.

Government Printing Office

The U.S. Government Printing Office (GPO)

supplies printing paper and printing services to

Federal departments and agencies, primarily

those in the Washington, DC, area. Papers purchased through GPO on its three-month term

contracts or in printing contracts contain recycled fiber in accordance with the Government

Paper Specification Standards. Generally, these

papers contain the minimum recycled fiber content as prescribed in EPA’s recommendations

and Executive Order 13101.

In GPO’ s blank paper sales program, many types

of printing and copying paper are available. The

program is explained in two catalogs, with pricing information published quarterly. These are

available upon request from the Paper and

Materials Control Section. The Blank Paper and

Envelopes, Inks, and Services catalog contains

cost information on smaller sheet sizes or officesized paper wrapped in quantities of 500 or 1,000

sheets. The Paper Catalog lists paper used in

printed and bound jobs. Both of these catalogs

contain tables of recycled fiber content for each

specified paper product sold by the GPO. Call

(202) 512-0209 or fax requests to (202) 512-1569.

GPO sells copier paper under the following

specifications. All copier paper purchased and

sold by GPO is subject to careful testing and

evaluation of performance before being placed

on the copier paper qualified products list

(QPL). GPO’ s technical staff assists customers

with all printing paper and paper used for office

printers, copiers, and other machines specified

in agency requisitions.

• JCP O-60 - archival quality paper

• JCP O-61 - high quality paper for copiers and

laser printers

• JCP O-63 - white and colored paper for

copiers and laser printers

109

Appendix D
Appendix D

• JCP O-65 - white and colored paper for

copiers

• JCP O-70 - 100% recycled content

JCP O-63 and O-65 require 30 percent postconsumer fiber content and meet the Executive

Order content requirements. They are intended

for paper used in laser printers, high speed,

plain paper copiers and xerographic equipment.

JCP O-60 and O-61 have no minimum recycled

fiber content requirement and, therefore, do not

meet the requirements in the Executive Order.

JCP O-60 is intended for producing products

that require permanence (archival quality). JCP

O-61 is intended for camera ready copy. JCP O70 specifies at least 50 percent postconsumer

fiber.

110
Ford Motor

Company

Position On

Re-Refined 

Base Engine Oils

Ford Motor Company does not specify the type

of base oils to be used for engine oil meeting

Ford’ s requirements. Regardless of the origin of

the base oils, a non-Ford engine oil is acceptable

for use if manufacturing and quality control

practices ensure the oil continuously meets

Ford’ s performance requirements.

Ford recommends using engine oil meeting

Ford Specification ESEM2C153E and licensed as

CERTIFIED FOR GASOLINE ENGINES by the

AMERICAN PETROLEUM INSTITUTE (API

Certification). Both virgin and re-refined engine

oils are capable of meeting these requirements

by qualifying against a series of rigorous tests

designed to ensure their suitability for modern

gasoline engines. While these tests confirm a

specific sample of the oil qualifies with acceptable performance, it is the responsibility of the

oil marketers to ensure that their products meet

the requirements consistently and continuously.

In general, vehicle operation, adjustments and

maintenance procedures, such as oil changes,

performed contrary to recommended manufacturer specifications may, but do not automatically, void the applicable warranty. Each warranty

claim is reviewed on its own merits. If, however,

the use of a non-Ford product causes or contributes to the failure of a Ford component, the

cost of repairing the affected component is not

covered by the Ford vehicle warranty In such

cases, the vehicle owner would have to look to

the seller or installer of the non-Ford product

for the replacement of the affected components

and for any related dam-age to the vehicle.

Based on recent engine oil market surveys, Ford

has concerns that some engine oils made with

re-refined base oils may not consistently meet

Ford’ s engine oil requirements. Test results

show viscosity characteristics and low temperature performance of some engine oils made with

re-refined base oils are unacceptable. However,

there are other engine oils made with re-refined

base oils which have met API Certification

requirements and have met viscosity and low

temperature characteristics.

Customers considering the use of engine oils

made with re-refined base oils should be aware

that the final product quality may vary if

improper manufacturing controls are used.

Marketers of engine oils made with re-refined

base oils must adhere to standards for their base

oils which ensure variations in re-refining

processes or incoming raw materials do not

adversely affect performance. In addition to a

standard for the base oil properties, it is Ford’ s

view that a re-refined oil produced with stringent manufacturing controls and batch to batch

testing of low temperature viscosity performance and other significant characteristics

would comply with Ford’s recommendations.

Look for this

Certification Mark

September 9, 1994

111

GREENING THE GOVERNMENT

CLOSING THE CIRCLE

Appendix E

Big Three Automobile Manufacturers 

and Re-refined Oils
Appendix E

General Motors

Position on Use of

Re-refined Engine

Oils 

General Motors recommends for use in its vehicles engine oils which meet the performance

requirements specified in the latest International

Lubricant Standardization and Approval

Committee (ILSAC) Minimum Performance

Standard (currently ILSAC GF1), and which are

certified by the American Petroleum Institute

for use in gasoline engines. Such oils may be

identified in the marketplace by looking for the

Certification Mark Shown below on the front of

the engine oil container.

Engine oils meeting these requirements can be

made with either virgin or re-refined base oils.

In both cases it is the oil marketer’ s responsibility to ensure that the product satisfies the performance requirements specified above both

during initial product approval, and during the

time that the product is being manufactured for

sale. It is particularly important that steps be

taken by marketers of engine oils made from rerefined base oils to ensure that variations in rerefining processes or raw materials do not

adversely affect oil performance.

General Motors encourages the use of properly

qualified re-refined products which consistently

satisfy recommended performance requirements

as a means of conserving vital petroleum

resources. Use of re-refined products that have

not been properly qualified or do not consistently meet performance requirements, however

could result in engine damage, and could harm

the reputation of all re-refined products. Engine

damage caused by the use of an engine oil

which does not meet the recommended performance specifications may not be covered by the

General Motors new vehicle warranty.

Look for this

Certification Mark

December 1, 1994

112
Chrysler

Corporation

Position on 

Re-refined 

Engine Oils 

The engine oil used in Chrysler vehicles must

meet the Owners’ Manual recommendation to

satisfy warranty requirements. This recommendation is to use an oil displaying the American

Petroleum Institute Certification Mark (shown

below). It must also be the SAE viscosity grade

appropriate to the temperature, as shown in the

Owner’s Manual.

Oils that display this registered mark on the front

of the container are certified to meet all the

requirements of the International Lubricant

Standardization and Approval Committee

(ILSAC) GF1 standard for engine oil. This specification does not differentiate between products

made from virgin base oils or re-refined base oils.

The marketer of the product must make sure that

not only the initial product, but every batch of

oil, meets the requirements of this specification.

Oils made from re-refined base oils can meet

these requirements; however, not all of them do.

By careful control of re-refining and blending

processes, some marketers produce good quality

oils from re-refined base oils. These are acceptable for use under the Chrysler New Vehicle

Limited Warranty, Low or inconsistent quality

oils may cause engine damage not covered by

warranty.

Chrysler encourages the proper disposal and

recycling of used oil to preserve natural resources

and the quality of the environment. Recycling is

encouraged by the purchase and use of these

products.

9/95

113

Appendix E
Appendix E

General Services

Administration

Federal Supply Service

Washington, DC 20406

FEBRUARY 27, 1995

MEMORANDUM FOR 

FEDERAL FLEET MANAGERS

FROM: LESTER D. GRAY, JR. DIRECTOR,

FLEET MANAGEMENT DIVISION (FBF)

SUBJECT: Use of Re-refined Oil in Interagency

Fleet Management System (IFMS) Vehicles

Recently, the General Services Administration

(GSA) and the Federal Environmental Executive

jointly sponsored a Conference on Re-refined

Oil Use in Motor Vehicles. The December

7,1994, conference included presentations by

members of the re-refined oil industry, the

American Petroleum Institute (API), and the

American Automobile Manufacturers

Association (AAMA), and the industry representative for the original equipment manufacturers (OEMs). The conference also included a

number of representatives from Federal agencies which operate significant numbers of motor

vehicles.

Prior to the December conference, the major

issue affecting use of re-refined oil in IFMS vehicles was the position of the OEMs concerning

vehicle warranty coverage. However, the

AAMA representative indicated that the OEMs

recently had updated their policies in this area.

We then reviewed the OEMs new positions to

determine if a change in the IFMS policy was

necessary. Based upon this new information and

the ability of some re-refined oils to meet API

standards, we are revising our policy in this

area.

Re-refined oil should be used in IFMS passenger

vehicles and light duty trucks when available

and where:

The re-refined Oil meets current API standards,

as evidenced by the presence of the “Starburst”

symbol on the front of the container;

The oil is the proper grade and viscosity for the

vehicle being serviced (i.e., 5W30, 10W30,

10W40, etc.); and

The price of the re-refined oil is less than or

equal to that of a comparable virgin oil product.

The IFMS has very few in-house maintenance

facilities. At these few locations, however, we

are working with the Defense General Support

Center in Richmond, Virginia, to acquire rerefined oil, consistent with our new policy.

Where we have cross-service agreements with

other Federal agencies, our Fleet Managers and

inspectors will be working with local motor

vehicle representatives to encourage the use of

re-refined oil through these agreements.

Current availability at service stations and

quicklube type outlets varies throughout the

country. We have requested the two major basestock providers, Evergreen and SafetyKleen, to

supply us with information about their present

capability to meet our needs and their plans for

expanding their distribution network. When

this information, arrives it will be shared.

In light of the steps we are taking, we recommend reviewing agency policy on the use of rerefined oil for your own vehicle fleet. We plan

to address this issue at the next meeting of the

Interagency Motor Equipment Management

Committee, now scheduled for March 3,1995.

If you have questions or need additional information, please contact Mr. Larry Frisbee, 

(703) 305-6837.

(Note: the Defense General Supply Center is

now the Defense Supply Center Richmond.) 

114
FAR Case 92-054A

The Civilian Agency Acquisition Council and

the Defense Acquisition Regulations Council

issued a final revision to the Federal Acquisition

Regulation (FAR) for environmentally preferable and energy-efficient products and services

on August 22, 1997 (62 FR 44809-44813). An

interim revision had been issued on May 31,

1995, (60 FR 28494-28500). The FAR revisions

include provisions for purchasing recycled content products.

The FAR revisions:

1. Specify that agencies should prepare product

descriptions to achieve maximum practicable

use of recovered material, other materials that

are environmentally preferable, and energyefficient products.

2. Require agencies to establish affirmative procurement programs for purchasing EPA-designated items, as required by RCRA section

6002.

3. Encourage contractors to maximize the use of

double-sided copying on recycled content

paper when submitting written acquisition

documents.

4. Require all procurement of EPA-designated

items to meet the EPA’s recommended minimum standards for recovered material content, unless otherwise approved.

5. Require new certification and oversight

requirements for new contracts. Included is

an annual certification of EPA-designated

items used or provided and dollar value to be

provided to and reported by an agency designated office.

6. Provide that new contracts for operating government owned-contractor operated (GOCO)

facilities must require contractors to establish

cost-effective waste reduction programs.

7. Require architect-engineering services contractors to specify the sue of products containing recovered materials to the maximum

extent practicable.

8. Call for agency programs favoring the acquisition of environmentally preferable and energy-efficient products and services.

115

GREENING THE GOVERNMENT

CLOSING THE CIRCLE

Appendix F

Changes to the

Federal Acquisition Regulation
Appendix F

Procurement Policy Letters

A Compilation of Policies Issued 

by the Office of Federal Procurement Policy

OFPP Pamphlet No. 6 (Revised)

Fourth Edition

December 1992

(Electronic Version - Updated March 1998) 

Executive Office of the President

Office of Management and Budget

Forward

Public Law 93-400, “The Office of Federal

Procurement Policy Act”, as amended, created

the Office of Federal Procurement Policy (OFPP)

in 1974 and placed it in the Office of

Management and Budget (OMB). The OFPP was

created, among other purposes, to provide

Government-wide procurement policies

“...which shall be followed by Executive agencies...” in the procurement activities.

In the years since it was established, the OFPP

has developed and issued many policies which

have had — and continue to have — a farreaching impact upon the Federal Government’s

nearly $200 billion annual procurement program. Those policies have taken the form of

OFPP Policy Letters or OMB Circulars.

This volume is a compilation of OFPP Policy

Letters issued since 1976 which are in effect as

of December 31, 1992. They are arranged

sequentially by year of issue. Since Policy

Letters are modified, rescinded or newly issued

periodically, this compilation may soon become

outdated. Meanwhile, it serves as a useful medium for making the

Federal procurement community aware of the

nature and scope of OFPP’s policy activities.

Copies of this volume and individual Policy

Letters, as well as OMB Circulars, are available

from: The Publications Office, Room 2200,

Executive Office of the President, 725 17th

Street, N.W., Washington, D.C. 20503

[Telephone: (202) 395-7332]. Questions or comments on this volume or its contents may be

addressed to the Office of Federal Procurement

Policy, Room 9013 New Executive Office building, Washington, DC 20503 [Telephone: (202)

395-6803]. 

116
Procurement Policy Letters of the 

Office of Federal Procurement Policy

Number Title Date of Issuance Page

77-2 Section 502(C) of P.L. 95-89 August 4, 1977 9/30/77 5

78-2 Preventing “Wage Busting” for Professional: 3/29/78 7

Procedures for Evaluating Contractor Proposals

for Service Contracts

78-3 Requests for Disclosure of Contractor-Supplied3/30/78 13

Information Obtained in the Course of a 

Procurement

78-4 Field Contract Support Cross-Servicing Program 8/8/78 17

79-1 Implementation of Section 15(k) of the Small 3/7/79 21

Business Act, as Amended: Office of Small and

Disadvantages Business Utilization

79-2 Board of Contract Appeals: Position Allocation 6/26/79 25

Pursuant to P.L. 95-563

80-1 P.L. 95-507, Section 211, Subcontracting: 1/24/80 43

Agency Coordination with the Small Business 

Administration Resident Procurement Center 

Representatives

80-2 Regulatory Guidance on Section 211 of P.L. 5/29/81 45 

95-507,45 as amended by Supplement No. 1

80-2 Regulatory Guidance on Section 211 of P.L. 4/29/80 49 

95-507

80-3 Regulatory Guidance on P.L. 95-563, the 4/29/80 67

Contract Disputes Act of 1978

80-4 Women’s Business Enterprise Program 4/29/80 75

80-6 Regulatory Guidance on Section 221 of P.L. 95-507 7/22/80 79

80-8 Establishment of Procurement Data Reporting 12/11/80 83

Requirements to Comply with P.L. 96-39, as

amended by Transmittal Memoranda Nos. 1, 2 & 3

81-1 Procurement Procedures, Advance Procurement 8/13/81 99

Planning, and Review of End-of-Year Purchases

81-2 Sup1 Policy Guidance for the Labor Surplus Area 12/23/81 101

Programs, as amended by Supplement No. 1

117

Appendix F
Appendix F

Number Title Date of Issuance Page

81-2 Policy Guidance for the Labor Surplus Area Programs 5/29/81 103

82-1 Policy Guidance Concerning Government-Wide 6/24/82 107

Debarment, Suspension, & Ineligibility

83-1 Withholding of Funds from Construction 5/6/83 123

Contract Progress Payments

83-2 Publicizing the Development of Procurement 5/25/83 125

Policies and Regulations

83-3 Procurement of Architect Engineer Services 6/8/83 127

84-1 Federally Funded Research and Development 4/4/84 129

Centers (FFRDCs)

85-1 Federal Acquisition Regulation System 8/19/85 137

89-1 Conflict of Interest Policies Applicable to Consultants 12/8/89 141

91-1 Government-wide Small Business and Small 3/11/91 147 

Disadvantaged Business Goals for 

Procurement Contracts

91-2 Service Contracting 4/9/91 151

91-3 Reporting Nonconforming Products 4/9/91 155

91-4 Letters of Credit 11/8/91 161

92-1 Inherently Governmental Functions 9/23/92 169

92-3 Procurement Professionalism Program Policy - 6/24/92 195

Training for Contracting Personnel

92-4 Procurement of Environmentally-Sound and 11/2/92 203

Energy-Efficient Products and Services

92-5 Past Performance Information 12/30/92 211

93-1 Management Oversight of Service Contracting 05/18/94 

95-1 Subcontracting Plans for 10/28/95

Companies Supplying Commercial Items

97-01 Procurement System Education, Training and 09/12/97

Experience Requirements for Acquisition Personnel

118
Rescinded or Superseded OFPP Policy Letters

Number Title Date of Issuancee

76-1 “Federal Procurement Policy Concerning Energy 11/2/92

Conservation” rescinded by Policy Letter 92-4

77-1 “Procurement of Products that Contain Recycled 11/2/92

Material”, rescinded by Policy Letter 92-4

78-1 “Increased Minority Business Participation in 4/1/84

Advertising Contracts,” superseded following 

issuance of the Federal Acquisition Regulation

78-5 “Contracting for Motion Picture Productions”, 11/28/79

rescinded by Policy Letter 79-4

78-6 “Wage and Price Standards for Federal 2/5/81

Contractors”, rescinded by Memorandum

79-3 “Goal Setting”, rescinded by Memorandum 7/30/80

79-4 Contracting for Motion Picture Productions and 11/28/79

Videotape Productions

Number Title Date of Issuancee

80-5 “Federal Acquisition Regulation System; Other 8/19/85

Procurement Rules and Regulations”, rescinded by

Policy Letter 85-1

80-7 “Policies for Establishing Profit or Fee 4/1/84

Prenegotiation Objectives”, superseded following

issuance of the Federal Acquisition Regulation

84-2 “Noncompetitive Procurement Procedures”, 8/15/84

rescinded by Rescission Memorandum

Electronic Version of OFPP Procurement Policy Letters Last Updated: March 16, 1998

119

Appendix F
The OFEE model Affirmative Procurement Program is a user-friendly “boiler plate” document

which is easily expandable to accommodate additional items. It references the sources for components and sections that go beyond the minimum requirements as specified by RCRA 6002

and/or the Executive Order, making the final Plan more comprehensive. The following sections are

recommended:

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GREENING THE GOVERNMENT

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Appendix G

Description of the Model Affirmative

Procurement Program

Cover Page

Table of Contents

Applicability

Motivational Factors

Affirmative Procurement

Program

• Preference Program

• Promotion Program

• Procedures for Vendor

Estimation, Certification

• Annual Review and

Monitoring Program

Waivers

Reports

Specification Control

Awards

Goals

Waste Prevention

Opportunities

Various Appendices (glossary,

data collection forms,

acronyms, etc.)

An electronic copy of this Model may be obtained by calling the Office of the Federal Environmental

Executive or on our website www.ofee.gov. Also, the model is available through EPA’s Enviro$ense on

the World Wide Web (Internet): http://es.inel.gov, Access to the Internet and World Wide Web navigational software such as Mosaic TM is necessary.
What Does RCRA Section

6002 Require?

RCRA section 6002 establishes a program to

promote government purchases of products

made with recovered materials. The purpose of

the program is to use the purchasing power of

Federal, state, and local governments to develop

markets for products made from materials

recovered from the solid waste stream. To

achieve this objective, section 6002 imposes

requirements on EPA, the Office of Federal

Procurement Policy (OFPP), Federal specification- writing agencies, and procuring agencies.

EPA - EPA is required to designate products

that are or can be made from recovered materials. EPA is also required to recommend

practices, including recovered materials content levels, to assist procuring agencies in

purchasing the items EPA designates.

OFPP - OFPP is required to implement the

RCRA section 6002 requirements and to

report to Congress every two years on

Federal compliance with these requirements.

Federal specification-writing agencies - By

May 3, 1986, these agencies were required to

examine their specifications and eliminate

requirements for products manufactured

from virgin materials or that prohibit use of

recovered materials. This requirement pertains to Executive agencies purchasing

$10,000 or more of a EPA designated item in

the current or previous fiscal year.

Procuring agencies - Once EPA designates an

item, these agencies have one year to (1)

revise their specifications for the designated

item to allow procurement of the item containing recovered materials to the maximum

extent practicable and (2) develop affirmative

procurement programs (APPs) for the designated item. The APPs must have four elements - a preference program, a promotion

program, mechanisms for obtaining estimates

and certifications of recovered materials content and for verification, and an annual

review of the program. Section 6002 conditions the requirement to purchase products

containing recovered materials on four factors: the effect of purchases of products made

with recovered materials on competition, and

the performance, price, and availability of

these products.

Who is Required 

to Comply?

To answer this question, three additional questions need to be answered.

1. Are you a procuring agency?

RCRA section 1004(17) defines a procuring

agency as “any Federal agency, or any State

agency or agency of a political subdivision of a

State which is using appropriated Federal funds

for such procurement, or any person contracting

with any such agency with respect to work performed under such contract.” Thus, Federal

agencies are always procuring agencies. A state

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Appendix H

Frequently Asked Questions

About RCRA (Resource Conservation and

Recovery Act) Section 6002 and EPA’s

Comprehensive Procurement Guideline
Appendix H

or local agency is a procuring agency when it

uses appropriated Federal funds for a procurement. A contractor is a procuring agency when

it is contracting with a Federal agency or state

or local agency which is using appropriated

Federal funds for a procurement.

NOTE: Only government agencies and their

contractors are potentially “procuring agencies”

for purposes of RCRA section 6002. Private

party recipients of Federal loans, grants, or

funds under cooperative agreements are not

procuring agencies.

2. Are you purchasing or acquiring a designated item?

3. Are you purchasing $10,000 or more of a

designated item or did you purchase at

least $10,000 of a designated item in the

preceding fiscal year?

RCRA section 6002(a) requires that “a procuring

agency shall comply with the requirements set

forth in this section and any regulations issued

under this section, with respect to any purchase

or acquisition of a procurement item where the

purchase price of the item exceeds $10,000 or

where the quantity of such items or of functionally equivalent items purchased or acquired in

the course of the preceding fiscal year was

$10,000 or more.”

The $10,000 threshold applies to each procuring

agency as a whole. If a procuring agency has

determined that it purchased $10,000 worth of a

designated item or functionally equivalent items

during the preceding fiscal year, it is subject to

RCRA section 6002. If so, the requirements apply

to all purchases of these items occurring in the

current fiscal year. If the procuring agency did

not procure $10,000 worth of a designated item

in the preceding fiscal year, it is not subject to

RCRA section 6002, unless, in the current fiscal

year, it purchases $10,000 or more of a designated

item in a single procurement action. If so, the

requirements apply to the single procurement

and to all subsequent purchases of the designated item made during the current fiscal year.

If the answer was yes to all three of these questions, then RCRA section 6002 applies.

How Does RCRA Section

6002 Apply to Recipients

of Federal Assistance

Funding?

Does RCRA section 6002 apply to grant

and loan recipients?

Yes. On October 14, 1994, OMB published revisions to Circular A-102 to clarify the circumstances in which RCRA section 6002 applies to

state and local recipients of Federal funds.

How do state agencies that are grant recipients know when RCRA section 6002

applies to them?

The Federal grant-administering agencies

should include notices and clauses in the grants

alerting the state or local agencies about the

requirements of section 6002.

Does RCRA section 6002 apply to Federal

block grant programs?

Yes. RCRA defines a procuring agency to

include state and local agencies that use appropriated Federal money for a procurement.

Therefore, RCRA section 6002 would also apply

to purchases of designated items made with

Federal block grant monies.

Does the RCRA section 6002 apply to Farm

Home Administration loans? (These loans

go to individual home buyers.)

RCRA defines procuring agency as Federal,

state, and local agencies, and contractors with

such agencies. Individuals receiving Federal

loan funds are neither the agencies described

previously nor contractors with such agencies

under RCRA section 6002. Therefore, RCRA section 6002 would not apply.

Does section 6002 of RCRA apply to

Department of Transportation grant programs?

122
Yes. The conference committee report from the

Hazardous and Solid Waste Amendments of

1984 (Cong. Rec. H 11138 [Oct. 3, 1984]) states:

“To assure the fullest participation by procuring

agencies, the Conferees wish to resolve any

ambiguity with respect to section 6002’s coverage of the Department of Transportation, in particular the Federal Highway Administration

(FHWA). The FHWA is a “procuring agency”

under the Solid Waste Disposal Act, and is

therefore fully responsible for implementing the

guidelines and other requirements of section

6002. It is the intent of Congress that both

FHWA’s direct procurement and indirect

Federal-aid programs (Federal Highway Trust

Fund) be covered by the requirements of section

6002 as amended by this Act. Indirect purchases

by the Federal Aviation Administration are also

covered under section 6002 in the same manner

as is the FHWA. Coverage of the FHWA’s direct

and indirect procurement activities under this

amendment extends to the review of procurement specifications pursuant to section 6002(d),

as amended, in addition to the affirmative procurement program required under this section.”

If a state receives several hundred thousand dollars in grant monies and three of

the state agencies purchase $10,000, $7,000,

and $3,000 worth of EPA-designated products, how does RCRA section 6002 apply?

Keep in mind that the requirements of RCRA

section 6002 apply to individual agencies, not to

a state as a whole. Only the state agency purchasing $10,000 worth of a designated product

is subject to section 6002.

How Does RCRA Section

6002 Apply to

Government Contractors?

Does RCRA section 6002 apply to Federal,

state, and local government contractors?

Under what circumstances?

Yes. RCRA section 6002 applies to the contractor

with a Federal agency (or a state or local agency

that is a procuring agency under section 6002)

when the contractor is purchasing a designated

item, is using Federal money to do so, and

exceeds the $10,000 threshold. There is an

exception for purchases that are “incidental to”

the purposes of the contract, i.e., not the direct

result of the funds disbursement. For example, a

courier service contractor is not required to purchase re-refined oil and retread tires for its fleets

because purchases of these items are incidental

to the purpose of the contract.

Are subcontractors procuring agencies?

Subcontractors are not procuring agencies.

Section 6002 limits contractors subject to its

requirement to direct contractors with a Federal

agency or state or local “procuring agency.”

Does RCRA section 6002 apply to services

contractors?

Yes. The definition of “procuring agency” in

RCRA includes contractors and does not differentiate between different types of contractors.

EPA-designated products could be used in the

performance of construction, janitorial, landscape maintenance, vehicle maintenance, housing maintenance, operations & maintenance,

and many other types of contracts.

123

Appendix H
More Questions About the

Applicability of RCRA

Section 6002

Do the RCRA section 6002 requirements

apply to micro-purchases (i.e., purchases of

$2,500 or less)? 

Yes. The affirmative procurement requirements

apply to purchases below the micro-purchase

threshold. However, when making a micro-purchase of an EPA-designated item that does not

contain recovered materials, the purchaser is not

required to prepare a written justification for

not purchasing a recycled content product.

Do RCRA section 6002 and the affirmative

procurement provisions in the Federal

Acquisition Regulation apply if an agency

does not have a written affirmative procurement program?

Yes. RCRA sections 6002(c) and (i) require

procuring agencies to purchase EPA-designated

items containing recovered materials to the

maximum extent practicable. Although agencies

are also required to establish affirmative procurement programs (APPs), the requirement to

purchase recycled content products is not contingent on the preparation of the APPs.

Because E.O. 13101 revoked E.O. 12783, do

agencies have one year from the date of

issuance of E.O. 13101 to revise specifications and implement affirmative procurement programs?

No. The legal requirement to purchase recycled

content products was established in RCRA section 6002, not in the Executive Orders. RCRA

sections 6002(c) and (i) require Federal agencies

to purchase items containing recovered materials within one year after EPA designates these

items.

E.O.s 12873 and 13101 changed the process EPA

uses to designate items. The two E.O.s also

directed Federal agencies to implement the affirmative procurement requirements found in

RCRA. Because these requirements are statutory, however, the “clock” for complying with

them did not change when E.O. 13101 revoked

E.O. 12873.

What if an agency bundles products and

services in an umbrella contract?

RCRA section 6002 requires procuring agencies

to purchase products containing recovered

materials to the maximum extent practicable.

Assuming that are not performance, price, or

competition constraints, agencies must specify

recycled content products in solicitations to purchase EPA-designated products, even if the

solicitations includes other products and services. There is no requirement that an agency

issue separate solicitations for the EPA-designated products. However, the agency should be

prepared to demonstrate that the use of an

umbrella contract did not preclude the purchase

of recycled products to the maximum extent

practicable.

Is a Federal agency that uses revolving

funds a procuring agency?

As stated above, all Federal agencies are procuring agencies regardless of the funding authority.

How should large Federal agencies calculate the $10,000 threshold?

The $10,000 threshold applies to each Federal

agency as a whole, such as the entire

Department of the Interior, rather than individually to its subagencies, such as the National

Park Service, the Bureau of Indian Affairs, the

Bureau of Mines, or its regional offices.

Is the $10,000 threshold measured as purchases of all items covered by a designation, purchases of individual categories of

items, or purchases of groups of items?

It depends on which item is being purchased.

EPA’s original procurement guidelines discussed how the Agency interprets “functional

equivalence” when determining whether the

$10,000 threshold has been crossed. Within the

124

Appendix H
paper and paper products category, for example, if an agency purchases, $4,000 worth of

computer paper, $3,000 worth of Federal forms,

and $3,000 worth of other office papers, these

combined purchases achieve the threshold for

that designated item, and the agency should

develop an affirmative procurement program

for all paper and paper products containing

recovered materials. Similarly, agencies should

combine the value of purchases of all types of

oil, tires, and building insulation products covered by EPA’s designations in determining

whether they purchase $10,000 or more worth of

these items.

What if the cost of services cannot be separated from the product value, for example,

when concrete is provided and poured by

a contractor?

If the cost of services and the material cost are

inextricably linked, the $10,000 threshold can be

applied to the combined cost figure. If a procuring agency contracts for construction of a concrete structure, the agency may include the cost

of the services (pouring) with the cost of the

product (concrete) when calculating how much

is spent on cement and concrete. Alternatively,

the agency may devise a method of separating

the cost of the concrete product from the cost of

pouring and finishing.

What are the requirements if purchases are

made from another Federal agency, such as

GSA?

Many Federal agencies procure paper and paper

products through GSA and GPO and purchase

other EPA-designated items from GSA.

Although both of these agencies have their own

affirmative procurement programs, agencies

that make purchases through GSA and GPO

should still have their own affirmative procurement programs for the products they purchase.

However, GSA and GPO will obtain estimates

and certifications from vendors. Similarly, the

verification requirement is also fulfilled by GSA

and GPO.

GPO requests estimates and certifications from

its vendors and contractors and verifies that the

estimates and certifications are correct. It routinely supplies recycled paper whenever possible, even when not specifically requested by a

procuring agency. Any order for printing on offset, writing, or newsprint stock, which is the

bulk of the jobs, is automatically printed on

recycled paper that meets the EPA’s requirements (if the paper is available).

When GSA supplies products containing recovered content to other agencies, GSA has already

obtained and verified estimates and certifications. Nonetheless, agencies are still responsible

for monitoring purchases made through other

agencies, such as GSA and GPO.

How is RCRA Section 6002

Enforced?

Section 6002 requires the Office of Federal

Procurement Policy (OFPP) within the Office of

Management and Budget to implement the buyrecycled requirements. OFPP prepares biennial

reports to Congress on agency compliance with

section 6002.

Section 7002 of RCRA authorizes citizens’ suit in

Federal district court to seek relief against any

person alleged to be in violation of requirements of the Act, including section 6002. The

district court has jurisdiction to enforce the buyrecycled requirements.

In addition, E.O. 13101 directs EPA to prepare

guidance for use in determining Federal facility

compliance with RCRA section 6002 and the

related buy-recycled requirements of the E.O.

EPA compliance inspectors will use the guidance in conducting Federal facility inspections

for compliance with RCRA or when conducting

“multi-media” inspections. Where states are

authorized to inspect facilities under RCRA,

EPA will encourage the states to include inspections for compliance with RCRA section 6002.

125

Appendix H
Appendix H

Will a Federal agency take away grant

funding from state and local recipients if

recycled products are not purchased?

Under section 6002, Federal grant administering

agencies should inform state and local agency

grant recipients about the requirements of section 6002. The grant recipients, in turn, are considered to be “procuring agencies” when they

are using appropriated Federal funds to purchase designated items and must purchase these

items containing recovered materials to the

maximum extent practicable. Section 6002 states

that procuring agencies need not purchase recycled products if the products are not reasonably

available, are only available at an unreasonable

price, or do not meet reasonable performance

standards. It is silent, however, regarding penalties for failure to purchase recycled products

without these limitations. Therefore, each grant

administering agency must determine the

appropriate response when a grantee does not

comply with section 6002.

May vendors sue a municipality under

RCRA?

RCRA section 7002 authorizes citizens to file a

civil action in Federal district court against any

person alleged to be in violation of a requirement under RCRA. Therefore, a municipality

that violates section 6002 may be subject to suit.

How Does a Federal

Agency Administer Its

Affirmative Procurement

Program?

The answer depends on whether the agency is a

purchasing agency or a grant administering

agency. A purchasing agency must revise its

specifications and implement affirmative procurement programs. A grant administering

agency should require that state and local

agency grantees and their contractors comply

with the affirmative procurement program

requirements.

What Procurement

Methods Can Be Used 

to Purchase Designated

Products?

Are any Federal agencies paying a price

premium for recycled products?

The purchase of recycled products under RCRA

section 6002 must be consistent with other

Federal procurement law, which requires that

contracts be awarded to the lowest priced,

responsive, responsible bidder. Federal law does

not currently authorize agencies to pay a premium price for recycled products. Agencies are

using other means of purchasing recycled products that may be higher priced than virgin products, such as soliciting only for recycled content

products or using incentives contracts to promote use of recycled products by contractors.

Can a GOCO (GovernmentOwned/Contractor-Operated) facility

develop an alternative program?

Any affected procuring agency, including contractors, can develop an alternative preference

program. For example, a procuring agency can

choose to use a case-by-case approach instead of

the recovered materials content levels recommended by EPA if the agency is unsure that

there will be an adequate supply of the item

containing recovered materials. It should be

noted, however, that only an alternative preference program can be developed. Section 6002

does not authorize alternatives to the other

three components of an affirmative procurement

program (i.e., promotion, certification, and

annual review and monitoring).

Does the Federal

Acquisition Regulation

Address the RCRA Section

6002 Requirements?

On August 22, 1997, a final rule was published

amending the Federal Acquisition Regulation

126
(FAR) to incorporate policies for the acquisition

of environmentally preferable and energy-efficient products and services. As part of the

amendment, there were significant revisions to

the coverage given to RCRA section 6002

requirements. The FAR contains an expanded

general section on recovered materials (Subpart

23.4 - Use of Recovered Materials), which

includes the RCRA requirement for agencies to

establish an affirmative procurement program.

The FAR also contains estimate and certification

provisions beginning at §52.223. (See also

appendix F of this document.)

Further revisions to the FAR to incorporate the

provisions of E.O. 13101 are pending.

How is the Government

Buy-Recycled Program

Monitored?

Executive Order 13101 requires the Federal

Environmental Executive to take necessary

actions to ensure that agencies comply with the

provisions of the Executive Order. In addition,

the Executive Order requires Agency

Environmental Executives to track agency purchases of EPA-designated items and report these

purchases to the Federal Environmental

Executive.

As discussed above, RCRA section 6002

requires OFPP to submit biennial reports to

Congress on agency compliance with the buyrecycled requirements.

Is Further Assistance

Available?

EPA investigates and designates items that can

be made with recovered materials. EPA publishes technical background documents discussing the technical and economic feasibility of

using recovered materials to manufacture the

designated items, performance, and other relevant information. EPA’s Recovered Materials

Advisory Notices provide recommendations

and guidance to procuring agencies in purchasing the designated items in compliance with

RCRA. This guidance includes recommended

recovered materials content levels and pertinent

government, industry or other specifications.

EPA also provides fact sheets, by product category, that discuss individual designated products and provide case studies. EPA also publishes lists of manufacturers and vendors of designated products. These publications can be

viewed on EPA’s CPG web pages at

www.epa.gov/cpg.

Additional questions may be addressed to the

RCRA/Superfund Hotline at l-800-424-9346

(703-412-9810 for Washington, DC users).

127

Appendix H
16 CFR Part 260

260.1 Statement of Purpose.

260.2 Scope of guides.

260.3 Structure of the guides.

260.4 Review procedure.

260.5 Interpretation and substantiation of environmental marketing claims.

260.6 General principles.

260.7 Environmental marketing claims.

260.1 Statement of purpose

These guides represent administrative interpretations of laws administered by the Federal

Trade Commission for the guidance of the public in conducting its affairs in conformity with legal

requirements. These guides specifically address the application of Section 5 of the FTC Act to environmental advertising and marketing practices. They provide the basis for voluntary compliance with

such laws by members of industry. Conduct inconsistent with the positions articulated in these

guides may result in corrective action by the Commission under Section 5 if, after investigation, the

Commission has reason to believe that the behavior falls within the scope of conduct declared unlawful by the statute.

260.2 Scope of guides

These guides apply to environmental claims included in labeling, advertising, promotional

materials and all other forms of marketing, whether asserted directly or by implication, through

words, symbols, emblems, logos, depictions, product brand names, or through any other means,

including marketing through digital or electronic means, such as the Internet or electronic mail. The

guides apply to any claim about the environmental attributes of a product, package or service in connection with the sale, offering for sale, or marketing of such product, package or service for personal,

family or household use, or for commercial, institutional or industrial use.

Because the guides are not legislative rules under Section 18 of the FTC Act, they are not themselves enforceable regulations, nor do they have the force and effect of law. The guides themselves do

not preempt regulation of other Federal agencies or of state and local bodies governing the use of

environmental marketing claims. Compliance with Federal, state or local law and regulations concerning such claims, however, will not necessarily preclude Commission law enforcement action

under Section 5.

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Appendix I

Federal Trade Commission Guides for the

Use of Environmental Marketing Claims
260.3 Structure of the guides

The guides are composed of general principles and specific guidance on the use of environmental claims. These general principles and specific guidance are followed by examples that generally address a single deception concern. A given claim may raise issues that are addressed under more

than one example and in more than one section of the guides.

In many of the examples, one or more options are presented for qualifying a claim. These

options are intended to provide a “safe harbor” for marketers who want certainty about how to make

environmental claims. They do not represent the only permissible approaches to qualifying a claim.

The examples do not illustrate all possible acceptable claims or disclosures that would be permissible

under Section 5. In addition, some of the illustrative disclosures may be appropriate for use on labels

but not in print or broadcast advertisements and vice versa. In some instances, the guides indicate

within the example in what context or contexts a particular type of disclosure should be considered.

260.4 Review procedure

The Commission will review the guides as part of its general program of reviewing all industry guides on an ongoing basis. Parties may petition the Commission to alter or amend these guides

in light of substantial new evidence regarding consumer interpretation of a claim or regarding substantiation of a claim. Following review of a petition, the Commission will take such action as it

deems appropriate.

260.5 Interpretation and substantiation of environmental marketing claims

Section 5 of the FTC Act makes unlawful deceptive acts and practices in or affecting commerce.

The Commission’s criteria for determining whether an express or implied claim has been made are

enunciated in the Commission’s Policy Statement on Deception.1 In addition, any party making an

express or implied claim that presents an objective assertion about the environmental attribute of a

product, package or service must, at the time the claim is made, possess and rely upon a reasonable

basis substantiating the claim. A reasonable basis consists of competent and reliable evidence. In the

context of environmental marketing claims, such substantiation will often require competent and reliable scientific evidence, defined as tests, analyses, research, studies or other evidence based on the

expertise of professionals in the relevant area, conducted and evaluated in an objective manner by

persons qualified to do so, using procedures generally accepted in the profession to yield accurate and

reliable results. Further guidance on the reasonable basis standard is set forth in the Commission’s

1983 Policy Statement on the Advertising Substantiation Doctrine. 49 FR 30999 (1984); appended to

Thompson Medical Co., 104 F.T.C. 648 (1984). The Commission has also taken action in a number of

cases involving alleged deceptive or unsubstantiated environmental advertising claims. A current list

of environmental marketing cases and/or copies of individual cases can be obtained by calling the

FTC Consumer Response Center at (202) 326-2222.

260.6 General principles

The following general principles apply to all environmental marketing claims, including, but

not limited to, those described in §260.7. In addition, §260.7 contains specific guidance applicable to

129

Appendix I

1Cliffdale Associates, Inc., 103 F.T.C. 110, at 176, 176 n.7, n.8, Appendix, reprinting letter dated Oct. 14, 1983, from the Commission to

The Honorable John D. Dingell, Chairman, Committee on Energy and Commerce, U.S. House of Representatives (1984)(“Deception

Statement”).
Appendix I

certain environmental marketing claims. Claims should comport with all relevant provisions of these

guides, not simply the provision that seems most directly applicable.

(a) Qualifications and Disclosures: The Commission traditionally has held that in order to be

effective, any qualifications or disclosures such as those described in these guides should be sufficiently clear, prominent and understandable to prevent deception. Clarity of language, relative type size

and proximity to the claim being qualified, and an absence of contrary claims that could undercut

effectiveness, will maximize the likelihood that the qualifications and disclosures are appropriately

clear and prominent.

(b) Distinction Between Benefits of Product, Package and Service: An environmental marketing claim should be presented in a way that makes clear whether the environmental attribute or benefit being asserted refers to the product, the product’s packaging, a service or to a portion or component of the product, package or service. In general, if the environmental attribute or benefit applies to

all but minor, incidental components of a product or package, the claim need not be qualified to identify that fact. There may be exceptions to this general principle. For example, if an unqualified “recyclable” claim is made and the presence of the incidental component significantly limits the ability to

recycle the product, then the claim would be deceptive.

Example 1: A box of aluminum foil is labeled with the claim “recyclable,” without further elaboration. Unless the type of product, surrounding language, or other context of the phrase

establishes whether the claim refers to the foil or the box, the claim is deceptive if any part of either

the box or the foil, other than minor, incidental components, cannot be recycled.

Example 2: A soft drink bottle is labeled “recycled.” The bottle is made entirely from

recycled materials, but the bottle cap is not. Because reasonable consumers are likely to consider the

bottle cap to be a minor, incidental component of the package, the claim is not deceptive. Similarly, it

would not be deceptive to label a shopping bag “recycled” where the bag is made entirely of recycled

material but the easily detachable handle, an incidental component, is not.

(c) Overstatement of Environmental Attribute: An environmental marketing claim should not

be presented in a manner that overstates the environmental attribute or benefit, expressly or by implication. Marketers should avoid implications of significant environmental benefits if the benefit is in

fact negligible.

Example 1: A package is labeled, “50% more recycled content than before.” The manufacturer increased the recycled content of its package from 2 percent recycled material to 3 percent

recycled material. Although the claim is technically true, it is likely to convey the false impression

that the advertiser has increased significantly the use of recycled material.

Example 2: A trash bag is labeled “recyclable” without qualification. Because trash

bags will ordinarily not be separated out from other trash at the landfill or incinerator for recycling,

they are highly unlikely to be used again for any purpose. Even if the bag is technically capable of

being recycled, the claim is deceptive since it asserts an environmental benefit where no significant or

meaningful benefit exists.

Example 3: A paper grocery sack is labeled “reusable.” The sack can be brought back

to the store and reused for carrying groceries but will fall apart after two or three reuses, on average.

Because reasonable consumers are unlikely to assume that a paper grocery sack is durable, the

unqualified claim does not overstate the environmental benefit conveyed to consumers. The claim is

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not deceptive and does not need to be qualified to indicate the limited reuse of the sack.

Example 4: A package of paper coffee filters is labeled “These filters were made with a

chlorine-free bleaching process.” The filters are bleached with a process that releases into the environment a reduced, but still significant, amount of the same harmful byproducts associated with chlorine

bleaching. The claim is likely to overstate the product’s benefits because it is likely to be interpreted

by consumers to mean that the product’s manufacture does not cause any of the environmental risks

posed by chlorine bleaching. A claim, however, that the filters were “bleached with a process that

substantially reduces, but does not eliminate, harmful substances associated with chlorine bleaching”

would not, if substantiated, overstate the product’s benefits and is unlikely to be deceptive.

(d) Comparative Claims: Environmental marketing claims that include a comparative statement should be presented in a manner that makes the basis for the comparison sufficiently clear to

avoid consumer deception. In addition, the advertiser should be able to substantiate the comparison.

Example 1: An advertiser notes that its shampoo bottle contains “20% more recycled

content.” The claim in its context is ambiguous. Depending on contextual factors, it could be a comparison either to the advertiser’s immediately preceding product or to a competitor’s product. The

advertiser should clarify the claim to make the basis for comparison clear, for example, by saying

“20% more recycled content than our previous package.” Otherwise, the advertiser should be prepared to substantiate whatever comparison is conveyed to reasonable consumers.

Example 2: An advertiser claims that “our plastic diaper liner has the most recycled

content.” The advertised diaper does have more recycled content, calculated as a percentage of

weight, than any other on the market, although it is still well under 100% recycled. Provided the recycled content and the comparative difference between the product and those of competitors are significant and provided the specific comparison can be substantiated, the claim is not deceptive.

Example 3: An ad claims that the advertiser’s packaging creates “less waste than the

leading national brand.” The advertiser’s source reduction was implemented sometime ago and is

supported by a calculation comparing the relative solid waste contributions of the two packages. The

advertiser should be able to substantiate that the comparison remains accurate.

260.7 Environmental marketing claims

Guidance about the use of environmental marketing claims is set forth below. Each guide is followed

by several examples that illustrate, but do not provide an exhaustive list of, claims that do and do not

comport with the guides. In each case, the general principles set forth in §260.6 should also be followed.2

(a) General Environmental Benefit Claims: It is deceptive to misrepresent, directly or by

implication, that a product, package or service offers a general environmental benefit. Unqualified

general claims of environmental benefit are difficult to interpret, and depending on their context, may

convey a wide range of meanings to consumers. In many cases, such claims may convey that the

product, package or service has specific and far-reaching environmental benefits. As explained in the

Commission’s Advertising Substantiation Statement, every express and material implied claim that

the general assertion conveys to reasonable consumers about an objective quality, feature or attribute

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Appendix I

2These guides do not currently address claims based on a “lifecycle” theory of environmental benefit. The Commission lacks sufficient

information on which to base guidance on such claims.
Appendix I

of a product or service must be substantiated. Unless this substantiation duty can be met, broad environmental claims should either be avoided or qualified, as necessary, to prevent deception about the

specific nature of the environmental benefit being asserted.

Example 1: A brand name like “Eco-Safe” would be deceptive if, in the context of the

product so named, it leads consumers to believe that the product has environmental benefits which

cannot be substantiated by the manufacturer. The claim would not be deceptive if “Eco-Safe” were followed by clear and prominent qualifying language limiting the safety representation to a particular

product attribute for which it could be substantiated, and provided that no other deceptive implications were created by the context.

Example 2: A product wrapper is printed with the claim “Environmentally Friendly.”

Textual comments on the wrapper explain that the wrapper is “Environmentally Friendly because it

was not chlorine bleached, a process that has been shown to create harmful substances.” The wrapper

was, in fact, not bleached with chlorine. However, the production of the wrapper now creates and

releases to the environment significant quantities of other harmful substances. Since consumers are

likely to interpret the “Environmentally Friendly” claim, in combination with the textual explanation,

to mean that no significant harmful substances are currently released to the environment, the

“Environmentally Friendly” claim would be deceptive.

Example 3: A pump spray product is labeled “environmentally safe.” Most of the product’ s active ingredients consist of volatile organic compounds (VOCs) that may cause smog by contributing to ground-level ozone formation. The claim is deceptive because, absent further qualification, it is likely to convey to consumers that use of the product will not result in air pollution or other

harm to the environment.

Example 4: A lawn care pesticide is advertised as “essentially non-toxic” and “practically non-toxic.” Consumers would likely interpret these claims in the context of such a product as

applying not only to human health effects but also to the product’ s environmental effects. Since the

claims would likely convey to consumers that the product does not pose any risk to humans or the

environment, if the pesticide in fact poses a significant risk to humans or the environment, the claims

would be deceptive.

Example 5: A product label contains an environmental seal, either in the form of a

globe icon, or a globe icon with only the text “Earth Smart” around it. Either label is likely to convey

to consumers that the product is environmentally superior to other products. If the manufacturer cannot substantiate this broad claim, the claim would be deceptive. The claims would not be deceptive if

they were accompanied by clear and prominent qualifying language limiting the environmental superiority representation to the particular product attribute or attributes for which they could be substantiated, provided that no other deceptive implications were created by the context.

Example 6: A product is advertised as “environmentally preferable.” This claim is likely to convey to consumers that this product is environmentally superior to other products. If the manufacturer cannot substantiate this broad claim, the claim would be deceptive. The claim would not be

deceptive if it were accompanied by clear and prominent qualifying language limiting the environmental superiority representation to the particular product attribute or attributes for which it could be

substantiated, provided that no other deceptive implications were created by the context.

(b) Degradable/Biodegradable/Photodegradable: It is deceptive to misrepresent, directly or by

implication, that a product or package is degradable, biodegradable or photodegradable. An unquali132
fied claim that a product or package is degradable, biodegradable or photodegradable should be substantiated by competent and reliable scientific evidence that the entire product or package will completely break down and return to nature, i.e., decompose into elements found in nature within a reasonably short period of time after customary disposal.

Claims of degradability, biodegradability or photodegradability should be qualified to the

extent necessary to avoid consumer deception about: (a) the product or package’s ability to degrade in

the environment where it is customarily disposed; and (b) the rate and extent of degradation.

Example 1: A trash bag is marketed as “degradable,” with no qualification or other disclosure. The marketer relies on soil burial tests to show that the product will decompose in the presence of water and oxygen. The trash bags are customarily disposed of in incineration facilities or at

sanitary landfills that are managed in a way that inhibits degradation by minimizing moisture and

oxygen. Degradation will be irrelevant for those trash bags that are incinerated and, for those disposed of in landfills, the marketer does not possess adequate substantiation that the bags will degrade

in a reasonably short period of time in a landfill. The claim is therefore deceptive.

Example 2: A commercial agricultural plastic mulch film is advertised as

“Photodegradable” and qualified with the phrase, “Will break down into small pieces if left uncovered in sunlight.” The claim is supported by competent and reliable scientific evidence that the product will break down in a reasonably short period of time after being exposed to sunlight and into sufficiently small pieces to become part of the soil. The qualified claim is not deceptive. Because the claim

is qualified to indicate the limited extent of breakdown, the advertiser need not meet the elements for

an unqualified photodegradable claim, i.e., that the product will not only break down, but also will

decompose into elements found in nature.

Example 3: A soap or shampoo product is advertised as ‘biodegradable,” with no qualification or other disclosure. The manufacturer has competent and reliable scientific evidence demonstrating that the product, which is customarily disposed of in sewage systems, will break down and

decompose into elements found in nature in a short period of time. The claim is not deceptive.

Example 4: A plastic six-pack ring carrier is marked with a small diamond. Many state

laws require that plastic six-pack ring carriers degrade if littered, and several state laws also require

that the carriers be marked with a small diamond symbol to indicate that they meet performance standards for degradability. The use of the diamond, by itself, does not constitute a claim of

degradability.3

(c) Compostable: It is deceptive to misrepresent, directly or by implication, that a product or

package is compostable. A claim that a product or package is compostable should be substantiated by

competent and reliable scientific evidence that all the materials in the product or package will break

down into, or otherwise become part of, usable compost (e.g., soil-conditioning material, mulch) in a

safe and timely manner in an appropriate composting program or facility, or in a home compost pile

or device.

Claims of compostability should be qualified to the extent necessary to avoid consumer deception. An unqualified claim may be deceptive if: (1) the package cannot be safely composted in a home

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Appendix I

3The guides’ treatment of unqualified degradable claims is intended to help prevent consumer deception and is not intended to establish

performance standards for laws intended to ensure the degradability of products when littered.
compost pile or device; or (2) the claim misleads consumers about the environmental benefit provided

when the product is disposed of in a landfill. A claim that a product is compostable in a municipal or

institutional composting facility may need to be qualified to the extent necessary to avoid deception

about the limited availability of such composting facilities.

Example 1: A manufacturer indicates that its unbleached coffee filter is compostable.

The unqualified claim is not deceptive provided the manufacturer can substantiate that the filter can

be converted safely to usable compost in a timely manner in a home compost pile or device. If this is

the case, it is not relevant that no local municipal or institutional composting facilities exist.

Example 2: A lawn and leaf bag is labeled as “Compostable in California Municipal

Yard Trimmings Composting Facilities.” The bag contains toxic ingredients that are released into the

compost material as the bag breaks down. The claim is deceptive if the presence of these toxic ingredients prevents the compost from being usable.

Example 3: A manufacturer makes an unqualified claim that its package is compostable. Although municipal or institutional composting facilities exist where the product is sold, the

package will not break down into usable compost in a home compost pile or device. To avoid deception, the manufacturer should disclose that the package is not suitable for home composting.

Example 4: A nationally marketed lawn and leaf bag is labeled “compostable.” Also

printed on the bag is a disclosure that the bag is not designed for use in home compost piles. The

bags are in fact composted in yard trimmings composting programs in many communities around the

country, but such programs are not available to a substantial majority of consumers or communities

where the bag is sold. The claim is deceptive because reasonable consumers living in areas not served

by yard trimmings programs may understand the reference to mean that composting facilities accepting the bags are available in their area. To avoid deception, the claim should be qualified to indicate

the limited availability of such programs, for example, by stating, “Appropriate facilities may not exist

in your area.” Other examples of adequate qualification of the claim include providing the approximate percentage of communities or the population for which such program are available.

Example 5: A manufacturer sells a disposable diaper that bears the legend, “This diaper

can be composted where solid waste composting facilities exist. There are currently [X number of]

solid waste composting facilities across the country.” The claim is not deceptive, assuming that composting facilities are available as claimed and the manufacturer can substantiate that the diaper can be

converted safely to usable compost in solid waste composting facilities.

Example 6: A manufacturer markets yard trimmings bags only to consumers residing

in particular geographic areas served by county yard trimmings composting programs. The bags

meet specifications for these programs and are labeled, “Compostable Yard Trimmings Bag for County

Composting Programs.” The claim is not deceptive. Because the bags are compostable where they are

sold, no qualification is required to indicate the limited availability of composting facilities.

(d) Recyclable: It is deceptive to misrepresent, directly or by implication, that a product or

package is recyclable. A product or package should not be marketed as recyclable unless it can be collected, separated or otherwise recovered from the solid waste stream for reuse, or in the manufacture

or assembly of another package or product, through an established recycling program. Unqualified

claims of recyclability for a product or package may be made if the entire product or package, excluding minor incidental components, is recyclable. For products or packages that are made of both recyclable and non-recyclable components, the recyclable claim should be adequately qualified to avoid

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Appendix I
consumer deception about which portions or components of the product or package are recyclable.

Claims of recyclability should be qualified to the extent necessary to avoid consumer deception

about any limited availability of recycling programs and collection sites. If an incidental component

significantly limits the ability to recycle a product or package, a claim of recyclability would be deceptive. A product or package that is made from recyclable material, but, because of its shape, size or

some other attribute, is not accepted in recycling programs for such material, should not be marketed

as recyclable.4

Example 1: A packaged product is labeled with an unqualified claim, “recyclable.” It is

unclear from the type of product and other context whether the claim refers to the product or its package. The unqualified claim is likely to convey to reasonable consumers that all of both the product

and its packaging that remain after normal use of the product, except for minor, incidental components, can be recycled. Unless each such message can be substantiated, the claim should be qualified

to indicate what portions are recyclable.

Example 2: A nationally marketed 8 oz. plastic cottage-cheese container displays the

Society of the Plastics Industry (SPI) code (which consists of a design of arrows in a triangular shape

containing a number and abbreviation identifying the component plastic resin) on the front label of

the container, in close proximity to the product name and logo. The manufacturer’s conspicuous use

of the SPI code in this manner constitutes a recyclability claim. Unless recycling facilities for this container are available to a substantial majority of consumers or communities, the claim should be qualified to disclose the limited availability of recycling programs for the container. If the SPI code, without more, had been placed in an inconspicuous location on the container (e.g., embedded in the bottom of the container) it would not constitute a claim of recyclability.

Example 3: A container can be burned in incinerator facilities to produce heat and

power. It cannot, however, be recycled into another product or package. Any claim that the container

is recyclable would be deceptive.

Example 4: A nationally marketed bottle bears the unqualified statement that it is

“recyclable.” Collection sites for recycling the material in question are not available to a substantial

majority of consumers or communities, although collection sites are established in a significant percentage of communities or available to a significant percentage of the population. The unqualified

claim is deceptive because, unless evidence shows otherwise, reasonable consumers living in communities not served by programs may conclude that recycling programs for the material are available in

their area. To avoid deception, the claim should be qualified to indicate the limited availability of programs, for example, by stating “This bottle may not be recyclable in you area,” or “Recycling programs for this bottle may not exist in your area.” Other examples of adequate qualifications of the

claim include providing the approximate percentage of communities or the population to whom programs are available.

Example 5: A paperboard package is marketed nationally and labeled, “Recyclable

where facilities exist.” Recycling programs for this package are available in a significant percentage of

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Appendix I

4The Mercury-Containing and Rechargeable Battery Management Act establishes uniform national labeling requirements regarding certain types of nickel-cadmium rechargeable and small lead-acid rechargeable batteries to aid in battery collection and recycling. The

Battery Act requires, in general, that the batteries must be labeled with the three-chasing-arrows symbol or a comparable recycling symbol, and the statement “Battery Must Be Recycled Or Disposed Of Properly.” 42 U.S.C. 14322(b). Batteries labeled in accordance with

this Federal statute are deemed to be in compliance with these guides.
Appendix I

communities or to a significant percentage of the population, but are not available to a substantial

majority of consumers. The claim is deceptive because, unless evidence shows otherwise, reasonable

consumers living in communities not served by programs that recycle paperboard packaging may

understand this phrase to mean that such programs are available in their area. To avoid deception,

the claim should be further qualified to indicate the limited availability of programs, for example, by

using any of the approaches set forth in Example 4 above.

Example 6: A foam polystyrene cup is marketed as follows: “Recyclable in the few communities with facilities for foam polystyrene cups.” Collection sites for recycling the cup have been

established in a half-dozen major metropolitan areas. This disclosure illustrates one approach to qualifying a claim adequately to prevent deception about the limited availability of recycling programs

where collection facilities are not established in a significant percentage of communities or available to

a significant percentage of the population. Other examples of adequate qualification of the claim

include providing the number of communities with programs, or the percentage of communities or

the population to which programs are available.

Example 7: A label claims that the package “includes some recyclable material.” The

package is composed of four layers of different materials, bonded together. One of the layers is made

from the recyclable material, but the other are not. While programs for recycling this type of material

are available to a substantial majority of consumers, only a few of those programs have the capability

to separate the recyclable layer from the non-recyclable layers. Even though it is technologically possible to separate the layers, the claim is not adequately qualified to avoid consumer deception. An

appropriately qualified claim would be, “includes material recyclable in the few communities that collect multi-layer products.” Other examples of adequate qualification of the claim include providing

the number of communities with programs, or the percentage of communities or the population to

which programs are available.

Example 8: A product is marketed as having a “recyclable” container. The product is

distributed and advertised only in Missouri. Collection sites for recycling the container are available

to a substantial majority of Missouri residents, but are not yet available nationally. Because programs

are generally available where the product is marketed, the unqualified claim does not deceive consumers about the limited availability of recycling programs.

Example 9: A manufacturer of one-time use photographic cameras, with dealers in a

substantial majority of communities, collects those cameras through all of its dealers. After the

exposed film is removed for processing, the manufacturer reconditions the cameras for resale and

labels them as follows: “Recyclable through our dealership network.” This claim is not deceptive,

even though the cameras are not recyclable through conventional curbside or drop off recycling programs.

Example 10: A manufacturer of toner cartridges for laser printers has established a

recycling program to recover its cartridges exclusively through its nationwide distribution network.

The company advertises its cartridges nationally as “Recyclable. Contact your local dealer for

details.” The company’s dealers participating in the recovery program are located in a significant

number — but not a substantial majority — of communities. The “recyclable” claim is deceptive

unless it contains one of the qualifiers set forth in Example 4. If participating dealers are located in

only a few communities, the claim should be qualified as indicated in Example 6.

Example 11: An aluminum beverage can bears the statement “Please Recycle.” This

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statement is likely to convey to consumers that the package is recyclable. Because collection sites for

recycling aluminum beverage cans are available to a substantial majority of consumers or communities, the claim does not need to be qualified to indicate the limited availability of recycling programs.

(e) Recycled Content: A recycled content claim may be made only for materials that have been

recovered or otherwise diverted from the solid waste stream, either during the manufacturing process

(pre-consumer), or after consumer use (post-consumer). To the extent the source of recycled content

includes pre-consumer material, the manufacturer or advertiser must have substantiation for concluding that the pre-consumer material would otherwise have entered the solid waste stream. In asserting

a recycled content claim, distinctions may be made between pre-consumer and post-consumer materials. Where such distinctions are asserted, any express or implied claim about the specific pre-consumer or post-consumer content of a product or package must be substantiated.

It is deceptive to misrepresent, directly or by implication, that a product or package is made of

recycled material, which includes recycled raw material, as well as used,5 reconditioned and remanufactured components. Unqualified claims of recycled content may be made if the entire product or

package, excluding minor incidental components, is made from recycled material. For products or

packages that are only partially made of recycled material, a recycled claim should be adequately

qualified to avoid consumer deception about the amount, by weight, of recycled content in the finished product or package. Additionally, for products that contain used, reconditioned or remanufactured components, a recycled claim should be adequately qualified to avoid consumer deception

about the nature of such components. No such qualification would be necessary in cases where it

would be clear to consumers from the context that a product’s recycled content consists of used,

reconditioned or remanufactured components.

Example 1: A manufacturer routinely collects spilled raw material and scraps left over

from the original manufacturing process. After a minimal amount of reprocessing, the manufacturer

combines the spills and scraps with virgin material for use in further production of the same product.

A claim that the product contains recycled material is deceptive since the spills and scraps to which

the claim refers are normally reused by industry within the original manufacturing process, and

would not normally have entered the waste stream.

Example 2: A manufacturer purchases material from a firm that collects discarded

material from other manufacturers and resells it. All of the material was diverted from the solid waste

stream and is not normally reused by industry within the original manufacturing process. The manufacturer includes the weight of this material in its calculations of the recycled content of its products.

A claim of recycled content based on this calculation is not deceptive because, absent the purchase and

reuse of this material, it would have entered the waste stream.

Example 3: A greeting card is composed 30% by fiber weight of paper collected from

consumers after use of a paper product, and 20% by fiber weight of paper that was generated after

completion of the paper-making process, diverted from the solid waste stream, and otherwise would

not normally have been reused in the original manufacturing process. The marketer of the card may

claim either that the product “contains 50% recycled fiber,” or may identify the specific pre-consumer

and/or post-consumer content by stating, for example, that the product “contains 50% total recycled

fiber, including 30% postconsumer.”

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Appendix I

5The term “used” refers to parts that are not new and that have not undergone any type of remanufacturing and/or reconditioning.
Appendix I

Example 4: A paperboard package with 20% recycled fiber by weight is labeled as containing “20% recycled fiber.” Some of the recycled content was composed of material collected from

consumers after use of the original product. The rest was composed of overrun newspaper stock never

sold to customers. The claim is not deceptive.

Example 5: A product in a multi-component package, such as a paperboard box in a

shrink-wrapped plastic cover, indicates that it has recycled packaging. The paperboard box is made

entirely of recycled material, but the plastic cover is not. The claim is deceptive since, without qualification, it suggests that both components are recycled. A claim limited to the paperboard box would

not be deceptive.

Example 6: A package is made from layers of foil, plastic, and paper laminated together, although the layers are indistinguishable to consumers. The label claims that “one of the three layers of this package is made of recycled plastic.” The plastic layer is made entirely of recycled plastic.

The claim is not deceptive provided the recycled plastic layer constitutes a significant component of

the entire package.

Example 7: A paper product is labeled as containing “100% recycled fiber.” The claim is

not deceptive if the advertiser can substantiate the conclusion that 100% by weight of the fiber in the

finished product is recycled.

Example 8: A frozen dinner is marketed in a package composed of a cardboard box

over a plastic tray. The package bears the legend, “package made from 30% recycled material.” Each

packaging component amounts to one-half the weight of the total package. The box is 20% recycled

content by weight, while the plastic hay is 40% recycled content by weight. The claim is not deceptive,

since the average amount of recycled material is 30%.

Example 9: A paper greeting card is labeled as containing 50% recycled fiber. The seller

purchases paper stock from several sources and the amount of recycled fiber in the stock provided by

each source varies. Because the 50% figure is based on the annual weighted average of recycled material purchased from the sources after accounting for fiber loss during the production process, the claim

is permissible.

Example 10: A packaged food product is labeled with a three-chasing-arrows symbol

without any further explanatory text as to its meaning. By itself, the symbol is likely to convey that

the packaging is both “recyclable” and is made entirely from recycled material. Unless both messages

can be substantiated, the claim should be qualified as to whether it refers to the package’s recyclability

and/or its recycled content. If a “recyclable” claim is being made, the label may need to disclose the

limited availability of recycling programs for the package. If a recycled content claim is being made

and the packaging is not made entirely from recycled material, the label should disclose the percentage of recycled content.

Example 11: A laser printer toner cartridge containing 25% recycled raw materials and

40% reconditioned parts is labeled “65% recycled content; 40% from reconditioned parts.” This claim

is not deceptive.

Example 12: A store sells both new and used sporting goods. One of the items for sale

in the store is a baseball helmet that, although used, is no different in appearance than a brand new

item. The helmet bears an unqualified “Recycled” label. This claim is deceptive because, unless evidence shows otherwise, consumers could reasonably believe that the helmet is made of recycled raw

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materials, when it is in fact a used item. An acceptable claim would bear a disclosure clearly stating

that the helmet is used.

Example 13: A manufacturer of home electronics labels its video cassette recorders

(“VCRs”) as “40% recycled.” In fact, each VCR contains 40% reconditioned parts. This claim is deceptive because consumers are unlikely to know that the VCR’s recycled content consists of reconditioned

parts.

Example 14: A dealer of used automotive parts recovers a serviceable engine from a

vehicle that has been totaled. Without repairing, rebuilding, remanufacturing, or in any way altering

the engine or its components, the dealer attaches a “Recycled” label to the engine, and offers it for

resale in its used auto parts store. In this situation, an unqualified recycled content claim is not likely

to be deceptive because consumers are likely to understand that the engine is used and has not undergone any rebuilding.

Example 15: An automobile parts dealer purchases a transmission that has been recovered from a junked vehicle. Eighty-five percent by weight of the transmission was rebuilt and 15%

constitutes new materials. After rebuilding6 the transmission in accordance with industry practices,

the dealer packages it for resale in a box labeled “Rebuilt Transmission,” or “Rebuilt Transmission

(85% recycled content from rebuilt parts),” or “Recycled Transmission (85% recycled content from

rebuilt parts).” These claims are not likely to be deceptive.

(f) Source Reduction: It is deceptive to misrepresent, directly or by implication, that a product

or package has been reduced or is lower in weight, volume or toxicity Source reduction claims should

be qualified to the extent necessary to avoid consumer deception about the amount of the source

reduction and about the basis for any comparison asserted.

Example 1: An ad claims that solid waste created by disposal of the advertiser’s packaging is “now 10% less than our previous package.” The claim is not deceptive if the advertiser has

substantiation that shows that disposal of the current package contributes 10% less waste by weight or

volume to the solid waste stream when compared with the immediately preceding version of the

package.

Example 2: An advertiser notes that disposal of its product generates “10% less waste”.

The claim is ambiguous. Depending on contextual factors, it could be a comparison either to the

immediately preceding product or to a competitor’ s product. The “10% less waste” reference is

deceptive unless the seller clarifies which comparison is intended and substantiates that comparison,

or substantiates both possible interpretations of the claim.

(g) Refillable: It is deceptive to misrepresent, directly or by implication, that a package is refillable. An unqualified refillable claim should not be asserted unless a system is provided for: (1) the collection and return of the package for refill; or (2) the later refill of the package by consumers with

product subsequently sold in another package. A package should not be marketed with an unqualified

refillable claim, if it is up to the consumer to find new ways to refill the package.

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6The term “rebuilding” means that the dealer dismantled and reconstructed the transmission as necessary, cleaned all of its internal and

external parts and eliminated rust and corrosion, restored all impaired, defective or substantially worn parts to a sound condition (or

replaced them if necessary), and performed any operations required to put the transmission in sound working condition.

Appendix I
Appendix I

Example 1: A container is labeled “refillable x times.” The manufacturer has the capability to refill returned containers and can show that the container will withstand being refilled at least

x times. The manufacturer, however, has established no collection program. The unqualified claim is

deceptive because there is no means for collection and return of the container to the manufacturer for

refill.

Example 2: A bottle of fabric softener states that it is in a “handy refillable container.”

The manufacturer also sells a large-sized container that indicates that the consumer is expected to use

it to refill the smaller container. The manufacturer sells the large-sized container in the same market

areas where it sells the small container. The claim is not deceptive because there is a means for consumers to refill the smaller container from larger containers of the same product.

(h) Ozone Safe and Ozone Friendly: It is deceptive to misrepresent, directly or by implication,

that a product is safe for or “friendly” to the ozone layer or the atmosphere. For example, a claim that

a product does not harm the ozone layer is deceptive if the product contains an ozone-depleting substance.

Example 1: A product is labeled “ozone friendly.” The claim is deceptive if the product

contains any ozone-depleting substance, including those substances listed as Class I or Class II chemicals in Title VI of the Clean Air Act Amendments of 1990, Pub. L. No. 101-549, and others subsequently designated by EPA as ozone-depleting substances. Chemicals that have been listed or designated as

Class 1 are chlorofluorocarbons (CFCs), halons, carbon tetrachloride, l,l,l-trichloroethane, methyl bromide and hydro-bromofluorocarbons (HBFCs). Chemicals that have been listed as Class II are

hydrochlorofluorocarbons (HCFCs).

Example 2: An aerosol air freshener is labeled “ozone friendly.” Some of the product’ s

ingredients are volatile organic compounds (VOCs) that may cause smog by contributing to groundlevel ozone formation. The claim is likely to convey to consumers that the product is safe for the

atmosphere as a whole, and is therefore, deceptive.

Example 3: The seller of an aerosol product makes an unqualified claim that its product

“Contains no CFCs.” Although the product does not contain CFCs, it does contain HCFC-22, another

ozone depleting ingredient. Because the claim “Contains no CFCs” may imply to reasonable consumers that the product does not harm the ozone layer, the claim is deceptive.

Example 4: A product is labeled “This product is 95% less damaging to the ozone layer

than past formulations that contained CFCs.” The manufacturer has substituted HCFCs for CFC-12,

and can substantiate that this substitution will result in 95% less ozone depletion. The qualified comparative claim is not likely to be deceptive.

140
Every November 15, millions of Americans

celebrate “America Recycles Day” (ARD).

This national environmental partnership

effort is aimed at promoting the social, environmental and economic benefits of recycling and

increasing purchases of recycled products, by

securing nationwide media attention and promoting public support for recycling and waste

reduction. ARD reminds people that setting

materials out on the curb is only the first step.

To “close the loop” they must also buy products

made from recycled materials.

America Recycles Day, Inc., is a unique public/private partnership that brings together government officials, environmental organizations

and manufacturing industries with a shared

objective of increasing recycling. A National

Board of Directors coordinates the theme and

supporting materials for distribution to participating state coordinators, who then distribute

the materials to local event organizers.

Businesses, industry, government agencies,

schools, civic, and environmental groups organize special events, educations campaigns and

incentive programs.

“America Recycles Day is a celebration of the

many recycled content products widely available today,” said Remanufacturing Industries

Council International President and 1999

America Recycles Day Co-Chair, Scott D. Parker.

“When consumers choose to buy recycled, not

only do they receive quality products, they also

help protect our environment.”

“Thousands of recycled-content products and

packaging are available today,” affirmed Federal

Environmental Executive Fran McPoland, 1999

Co-Chair of America Recycles Day, Inc. “The

theme for America Recycles Day, ‘ For Our

Children’s Future... Buy Recycled Today,’

emphasizes that recycling is one action that

enables each of us to make a contribution. And

buying recycled content products is an easy

opportunity which can lead our country and

children into a new and ‘greener’ millennium.”

In 1998, 43 states and two U.S. territories celebrated more than 5,000 events across the nation

to promote the social and economic benefits of

recycling. Vice President Al Gore joined the festivities by serving as the Honorary Chairman of

the campaign.

Americans generated 209.7 million tons of solid

waste in 1996, falling 1.8 million tons from 1995.

Through increased availability of recycling programs and consumer support, the national recycling rate has more than doubled to 27 percent

over the past decade. To keep these recycling

programs alive, consumers must buy products

made from, or packaged in, recycled materials. 

According to a recent study, 20 percent of

Americans had heard of ARD after only one

year. Many communities across the country also

noted increases in recycling rates shortly after

ARD ‘97. For instance: The City of Long Beach,

California, reported a 12 percent increase in its

recycling rate, an all-time high. Crawford

County, Georgia, recorded a 25 percent increase

in its recycling program for cardboard, steel

cans, and newspaper. 

Individuals who pledge to increase their recycling efforts are entered in a national drawing

for a new millennium home, built primarily

with recycled materials. Every American is

invited to support local recycling events and

buy recycled products. By sending a pledge

card between September 15, 2000 and

November 20, 2000, you could win the

“American Green Dream House.” In 2000, you

141

GREENING THE GOVERNMENT

CLOSING THE CIRCLE

Appendix J

America Recycles Day
Appendix J

could also win a trip for four to Walt Disney

World, Orlando, Florida, and othert prizes. 

If you would like to learn more about America

Recycles Day; hold an event in your business,

organization or school; find out about activities

in your state; visit the ARD Web site: americarecyclesday.org or call: 703-683-1605.

142

Ten Great Ways to Celebrate America Recycles Day

1. Commit to “Buy Recycled” at home and encourage the use of recycled-content products at your office.

2. Organize a display of recycled-content products at your church, office, school or retail shopping center.

3. Ask local retailers to stock more products made from recycled materials.

4. Look for “safe bets” that always have recycled content such as: steel, aluminum, glass, paper egg cartons and cereal boxes.

5. Purchase remanufactured products and equipment like toner cartridges, office furniture, auto parts, rerefined oil or retreaded tires.

6. Teach children why, “If you’re not buying recycled, you’re not really recycling.” Organize a tour of a local

facility that manufactures recycled-content products.

7. Purchase products you know can be recycled in your community.

8. If one of your favorite products does not have recycled content, call the manufacturer and ask them to

change it.

9. Read product labels and look for the highest percentage of recycled content, specially post-consumer

content.

10. Act by buying a recycled product today!
Guidance on Conducting Inspections

of Federal Facilities for Compliance with Section 6002

of the Resource Conservation and Recovery Act 

May 12, 1999

143

GREENING THE GOVERNMENT

CLOSING THE CIRCLE

Appendix K

Federal Facilities Compliance

This guidance is intended to assist EPA

and State compliance inspectors determine compliance with EPA guidelines on

procuring recycled content products by all

Federal facilities. To promote compliance with

the guidelines, this guidance is being made

available to Federal facilities.

INTRODUCTION: On September 14, 1998,

President Clinton signed Executive Order

13101: “Greening the Government Through

Waste Prevention, Recycling and Federal

Acquisition.” Section 403 of the Order directed

that EPA develop guidance for inspections of

Federal facilities for compliance with the buyrecycled program established under section

6002 of the Resource Conservation and

Recovery Act (RCRA). The guidance is to be

used by EPA whenever the Agency conducts

RCRA inspections or multi-media regulatory

compliance inspections where RCRA compliance is a component of the inspection. The

guidance may also be used by States authorized

to conduct inspections under RCRA.

EXECUTIVE ORDER 13101

GREENING THE GOVERNMENT THROUGH WASTE PREVENTION, RECYCLING, AND FEDERAL ACQUISITION 

Sec. 403. Federal Facility Compliance.

(a) Within 6 months of the date of this order, the Administrator of the EPA shall, in consultation with

the Federal Environmental Executive, prepare guidance for use in determining Federal facility compliance with

section 6002 of RCRA and the related requirements of this order. 

(b) EPA inspections of Federal facilities conducted pursuant to RCRA and the Federal Facility

Compliance Act and EPA “multi-media” inspections carried out at Federal facilities will include, where appropriate, evaluation of facility compliance with section 6002 of RCRA and any implementing guidance.

(c) Where inspections of Federal facilities are carried out by authorized States pursuant to RCRA and

the Federal Facility Compliance Act, the Administrator of the EPA will encourage those States to include evaluation of facility compliance with section 6002 of RCRA in light of EPA guidance prepared pursuant to subsection (a), where appropriate, similar to inspections performed by the EPA. The EPA may provide information

and technical assistance to the States to enable them to include such considerations in their inspection. 

(d) The EPA shall report annually to the Federal Environmental Executive on the results of inspections

performed by the EPA to determine Federal facility compliance with section 6002 of RCRA not later than

February 1st for those inspections conducted during the previous fiscal year.
Appendix K

PROCURING AGENCIES: For the purposes of

RCRA section 6002, procuring agencies include

the following: 

1. any Federal agency,

2. any State or local agencies using appropriated

Federal funds for a procurement, or 

3. any contractors with these agencies (with respect to work performed under the contract). 

The requirements of RCRA section 6002 apply

to such procuring agencies only when procuring

designated items where the price of the item

exceeds $10,000 or the quantity of the item purchased in the previous year exceeded $10,000.

The $10,000 threshold applies to all purchases

made by an entire agency rather than regional

or local offices (e.g., Department of the Interior,

Department of Defense, etc). Most Federal 

agencies exceed the $10,000 threshold for EPA

designated items.1

INSPECTION FOCUS: EPA has determined

that for the first year of implementation, inspection activities carried out pursuant to section

403 of the Order should focus primarily on

information collection. EPA compliance assistance programs will use this information to promote Federal facility awareness of, and compliance with, RCRA section 6002 requirements. To

ensure Federal facility compliance with RCRA

section 6002 in the future, EPA’s response to

non-compliance with that section may change.

ENFORCEMENT: Violations of RCRA section

6002 by Federal agencies do not give rise to

administrative penalty actions or orders under

RCRA’s enforcement authorities. This conclusion does not, however, limit EPA’s authority to

issue notices of violation (NOV) or enter into

compliance agreements at Federal facilities for

violations of RCRA section 6002 that are discovered through the inspections mandated by

Executive Order 13101. Moreover, citizens may

take action pursuant to RCRA section 7002 for

violations of RCRA 6002 requirements.

BACKGROUND: When the Resource

Conservation and Recovery Act (RCRA) was

enacted in 1976, Congress stated that objectives

of the statute included the conservation of

resources through recycling. Recognizing that

recycling works best if there are markets for the

materials collected, Congress directed the

Federal government to employ its purchasing

power to help create and sustain those markets

by buying products manufactured with the collected materials. Section 6002 of RCRA establishes the Federal program that directs Federal

purchasing decisions for recycled content products.

BUY RECYCLED PROGRAM: Section 6002 of

RCRA establishes a Federal buy-recycled program. RCRA section 6002(e) requires EPA to: (1)

designate items that are or can be made with

recovered materials and (2) prepare guidelines

to assist procuring agencies in complying with

affirmative procurement requirements set forth

in subsections (c), (d), and (i) of section 6002.

Once EPA has formally designated items, section 6002 requires that any procuring agency

using appropriated Federal funds must purchase those items composed of the highest percentage of recovered materials practicable. 

144

RCRA §6002: Federal Procurement

(c)(1) ... each procuring agency which procures any items designated in such guidelines shall procure such

items composed of the highest percentage of recovered materials practicable ....

(e) The Administrator shall ... prepare ... guidelines for the use of procuring agencies .... Such guidelines

shall designate those items which are or can be produced with recovered materials ....
145

1 Section 403 of Executive Order 13101 states that inspections carried out under the Order13101 are to be conducted at Federal facilities;

state and local agencies using appropriated funds will not be included in these inspections. Government owned , contractor operated

(GOCO) facilities are considered Federal facilities for the purposes of this guidance.

CPG ITEMS: The Comprehensive Procurement

Guidelines (CPG) designate those items that

must contain recycled content when purchased

by Federal agencies. The CPG acknowledges,

however, that specific circumstances may arise

that preclude the purchase of products made

with recovered materials. 

Designated items that do not contain recovered

materials may be purchased if it is determined

that:

1. the price of a given designated item made

with recovered materials is unreasonably

high, 

2. there is inadequate competition (not enough

sources of supply),

3. unusual and unreasonable delays would

result from obtaining the item, or 

4. it does not meet the agency’s reasonable performance specifications.

Appendix K

... for the EPA-designated guideline items, ... and for all future designated guideline items, agencies

shall ensure that their affirmative procurement programs require100 percent of their purchases of products to meet or exceed the EPA guideline unless written justification is provided that a product is not

available competitively within a reasonable time frame, does not meet appropriate performance standards, or is only available at an unreasonable price. (EO 13101, Sec. 402 (c)).

DESIGNATED ITEMS: To date, the EPA

Comprehensive Procurement Guidelines (CPG)

program has designated 36 products in 8 product categories. In 1998, EPA proposed to designate an additional 19 products; EPA expects

those products to be formally listed in June of

1999. EPA research indicates that the designated items are of high quality, are widely available, and cost-competitive with products made

from virgin materials. Moreover, Government

procurement of these products will create markets for a variety of recycled materials that

make up a large part of the municipal waste

stream, including various types of paper, used

tires, oil and antifreeze, plastics, steel, and yard

debris. Purchase of the guideline items also creates markets for non-hazardous industrial

wastes that are generated in large quantities,

such as coal fly ash and blast furnace slag.

A key component of the CPG program is EPA’s

list of designated products and the accompanying recycled content recommendations. EPA has

already designated or has proposed designating

the products listed below. EPA has also published final or proposed recycled content recommendations for each item. All proposals, designations and recommendations are published in

the Federal Register. Additional information

on the CPG designated items and content recommendations can be found on the World Wide

Web at 

http://www.epa.gov/cpg/products.htm
Appendix K

146

EPA Designated and Proposed CPG Items

CONSTRUCTION PRODUCTS 

Designated:

• Building insulation products

• Polyester carpet

• Cement and concrete containing:

– Coal fly ash

– Ground granulated blast furnace slag 

• Consolidated and reprocessed latex paint

• Floor tiles

• Laminated paperboard

• Patio blocks

• Shower and restroom dividers/partitions

• Structural fiberboard

Proposed: 

• Carpet backing

• Carpet cushion

• Flowable fill

• Railroad grade crossings/surfaces

LANDSCAPING PRODUCTS

Designated:

• Garden and soaker hoses

• Hydraulic mulch

• Lawn and garden edging

• Yard trimmings compost 

Proposed:

• Food waste compost

• Landscaping timbers and posts (plastic

lumber)
147

NON-PAPER OFFICE PRODUCTS

Designated:

• Binders (paper, plastic covered)

• Office recycling containers

• Office waste receptacles

• Plastic desktop accessories

• Plastic envelopes

• Plastic trash bags

• Printer ribbons

• Toner cartridges 

Proposed:

• Plastic binders (solid)

• Plastic clipboards

• Plastic clip portfolios

• Plastic file folders

• Plastic presentation folders 

PAPER AND PAPER PRODUCTS

Designated:

• Commercial/industrial sanitary tissue

products

• Miscellaneous papers

• Newsprint

• Paperboard and packaging products

• Printing and writing papers

Proposed:

• None at this time. 

Appendix K

PARK AND RECREATION PRODUCTS

Designated:

• Plastic fencing

• Playground surfaces

• Running tracks 

Proposed: 

• Park and recreational furniture

• Playground equipment
148

Appenidix K

MISCELLANEOUS PRODUCTS

Designated:

• Pallets

Proposed:

• Sorbents

• Awards and plaques

• Industrial drums

• Mats

• Signage

• Strapping and stretch wrap

TRANSPORTATION PRODUCTS

Designated:

• Channelizers

• Delineators

• Flexible delineators

• Parking stops

• Traffic barricades

• Traffic cones 

Proposed:

• None at this time. 

VEHICULAR PRODUCTS

Designated:

• Engine coolants

• Re-refined lubricating oils

• Retread tires

Proposed:

• None at this time. 
RECOVERED MATERIAL RECOMMENDATIONS: For each of the designated and proposed products, EPA has issued a Recovered

Materials Advisory Notice (RMAN) which

establishes the recommended recycled content

level for a given product. In most circumstances, minimum content recommendations are

provided for both postconsumer recycled content and recovered material levels.

“Postconsumer material” means a material or

finished product that has served its intended

use and has been diverted or recovered from

waste destined for disposal, having completed

its life as a consumer item. “Postconsumer

material” is part of the broader category of

“recovered material.” “Recovered materials”

mean waste materials and byproducts that have

been recovered or diverted from solid waste,

but such term does not include those materials

and by-products generated from, and commonly reused within, an original manufacturing

process. 

Exhibit 1 below provides an example of such an

RMAN for the product “Building Insulation.”

149

Appendix K

Product Material Postconsumer

Content (%)

Total Recovered

Materials Content

(%)

Rock Wool Slag — 75

Fiberglass Glass Cullet — 20-25

Exhibit 1: EPA’s Recommended Recovered 

Materials Content Levels for Building Insulation

Plastic, Non-Woven

Batt

Recovered and/or

Postconsumer

Plastics — 100

Cellulose Loose-Fill

and Spray-On

Postconsumer Paper 75 75

Perlite Composite

Board

Postconsumer Paper 23 23

Plastic Rigid Foam,

Polyisocyanurate/

Polyurethane:

Rigid Foam

Foam-in-Place

Glass Fiber 

Reinforced

—

—

—

—

—

—

9

5

6

Phenolic Rigid Foam — — 5
Appendix K

In other circumstances, where specific recycled

material content is not appropriate or where onsite management of the designated items may

be more effective, the RMAN may indicate a

preference for an activity over a given level of

recovered material. An example of this type of

RMAN, for engine coolants, is presented in

Exhibit 2 below. 

150

Exhibit 2: Recommended Recovered 

Materials Content Ranges - Coolants:

To facilitate ease of implementation, the EPA

RMAN documents also include known product

specifications as well as product information

such as product manufacturers and suppliers.

EPA recommends that procuring agencies whose vehicles are serviced by a motor pool or vehicle maintenance facility establish a program for engine coolant reclamation and reuse that consists of either reclaiming

the spent engine coolants onsite for use in the agencies’ vehicles or establishing a service contract for reclamation of the agencies’ spent engine coolant for use in the agencies’ vehicles. 

EPA also recommends that procuring agencies request reclaimed engine coolant when having their vehicles

serviced at commercial service centers. Additionally, EPA recommends that agencies purchase reclaimed

engine coolant when making direct purchases of this item, such as when necessary to make up for losses

due to leakage or spillage.

EPA does not recommend one type of engine coolant over another. EPA recommends, however, that procuring agencies purchase engine coolant containing only one base chemical, typically ethylene glycol or propylene glycol, to prevent the commingling of incompatible types of engine coolant.
FACILITY QUESTIONNAIRE: Attached to this

document is a questionnaire including a matrix

addressing facility purchase and use of CPG

items. The questionnaire and matrix should be

provided to the facility environmental manager

for response. The questionnaire requests that

the manager, in coordination with the facility

procurement manager, provide a response to

each written question and complete the matrix.

Once completed, the entire package is to be

mailed to EPA Headquarters by the facility

within two weeks of the inspection. 

INSPECTION: The CPG designation of

“Vehicular Products” has been in existence for a

lengthy period of time and has received considerable attention in the Federal community.

Therefore, during the first year of implementing

the inspections called for in E.O. 13101, EPA has

elected to gather information on facility compliance with this aspect of the CPG program.

Inspectors should visit the facility motor vehicle

maintenance facility if one exists. If the facility

is large and has more than one vehicle maintenance/service facility, the inspector should

request visit the largest facility (shop) which

deals with cars, trucks and or tactical vehicles.

If no motor vehicle maintenance activities occur

at the facility, certain questions in the following

list may be still relevant.

These recommended inspection protocols and

questions are based on the EPA CPG designated

items in the category of Vehicular Products and

reflects the RMAN for those products. Some

additional background questions are also

included.

151

Appendix K

INSPECTION GUIDANCE: 

During initial implementation of the requirement for EPA inspections at Federal facilities for compliance with RCRA 6002, EPA has elected to focus on field level awareness of the RCRA 6002

requirements. As such, inspections at Federal facilities pursuant to RCRA and the Federal Facility

Compliance Act and EPA “multi-media” inspections carried out at Federal facilities, will include; 

1) distribution of a questionnaire to the facility and,

2) inspection of the facility motor vehicle maintenance activities (where such activities 

exist) for compliance with RCRA 6002 . 

Motor vehicle maintenance activities were selected for this effort due to the:

1) common presence of such activities at a broad range of Federal facilities,

2) significant awareness and availability of products and services that meet the EPA guide

lines for vehicular products and,

3) likelihood that RCRA inspections would normally be conducted at these locations.

Inspectors should become familiar with the basic concepts of the CPG program and are requested

to briefly outline to facility personnel EPA’s authority for both generating the CPG designations

under RCRA section 6002 and conducting inspections under section 403 of E.O. 13101. While the

introduction and background to this document provide a brief overview on this topic, inspectors

should contact RCRA personnel or the Federal Facility Coordinator in their Region for additional

information. Inspectors may also wish to contact the RCRA hotline at 800-424-3323 or search the

Internet at http://www.epa.gov/cpg/products/htm for further information.
Appendix K

RE-REFINED OILS 

AND LUBRICANTS:

BACKGROUND: Re-refined lubricating oils

include engine lubrication oil, hydraulic fluids,

and gear oils. EPA’s designation specifically

excludes marine and aviation oils. The recycling

of used oil has evolved from simply removing

water, insolubles, and dirt, to the more complicated removal of heavy metals, nitrogen, chlorine, and oxygenated compounds. Today, rerefined lubricating oil is subject to the same

stringent refining, compounding, and performance standards as virgin oil for use in automotive, heavy-duty diesel, and other internal combustion engines, hydraulic fluids, and gear oils.

In addition, extensive laboratory testing and

field studies have concluded that re-refined oil

is equivalent to virgin oil, passes all prescribed

tests, and can even outperform virgin oil. In

fact, the three major U.S. automobile manufacturers now recognize that re-refined oil meets

the performance criteria in their warranties.

While oil that is removed from vehicles may be

disposed of as a waste, it is generally kept for

pick-up by a recycling contractor. In some circumstances, the facility may burn the used oil in

its boilers to “recover” the heating value of the

oil. 

RMAN for RE-REFINED OILS: Recommended

Recovered Materials Content Ranges:

EPA recommends that procuring agencies set

their minimum re-refined oil content standard

at the highest level of re-refined oil that they

determine meets the statutory requirements of

RCRA section 6002(c)(1), but no lower than 25

percent re-refined oil.

EPA recommends that procuring agencies

review their procurement practices and eliminate those which would inhibit or preclude procurement of lubricating oils containing rerefined oil. For example, procuring agencies

should avoid the practice of inviting bids and

issuing contracts to do the following:

• Supply a broad range of lubricating oil products on an “all or none” basis.

• Supply lubricating oils for an excessively long

period of time.

• Deliver lubricating oils to geographic locations throughout the United States or to an

excessively broad geographic area.

• Supply excessively large contract quantities.

The Defense Logistics Agency (DLA) offers rerefined engine lubricating oils for diesel and

non-diesel vehicles. DLA also offers closed loop

contracts for used oil removal and supply of rerefined oil.

General questions:

Approximately how many vehicles (including

aircraft) are serviced by the shop annually?

What type of vehicles are serviced? (e.g.,

sedans, trucks, heavy equipment, aircraft)

Specific questions regarding shop use of

oil and lubricants:

What is the estimated annual consumption of

oil and lubricants in the shop?

Does the shop use re-refined oil for replacement

engine lubricating oils?

Does the shop use re-refined oil for replacement

hydraulic fluids?

Does the shop use re-refined oil for replacement

gear oils?

If the shop does not use re-refined oils for any

or all of the uses, are they aware of the

RCRA/CPG requirement to do so?

152

Inspection Procedures at a Specific 

Federal Facility Motor Vehicle Maintenance Shop
If they are aware of the requirement to do so yet

still do not use re-refined oils, what is their

explanation for not using these products?

Does their facility procurement process allow

them to purchase re-refined oil? If not, what are

the barriers to such purchases?

Do they purchase oil for use in the shop using a

government charge card at a commercial vendor

(e.g., K-Mart or Sears) outside of the facility? 

What is the fate of used oil removed from the

facility’s vehicles? 

If the oil is sent out to a recycler, do they know

if it ultimately used for energy recovery or if it

is re-refined?

Shop inspection protocol:

Inspectors should ask to see the oil containers

used by the facility. If the shop uses re-refined

products, these products can be recognized

quickly by the label on the oil container. At

some facilities a bulk distribution apparatus that

is fed by 55 gallon (or larger) drums of oil is

used for shop distribution of engine lubricating

oils and hydraulic fluids. Like quart cans and

one or five gallon jugs, these drums are generally marked if their contents contain re-refined oil;

the bulk distribution may not contain any markings reflecting re-refined content. Inspectors

should record and include in their inspection

report whether the oil being used for engine

lubrication, hydraulic fluid and gear oils is rerefined.

RETREAD TIRES

BACKGROUND: For most cases, retread tires

can be driven under the same conditions and at

the same speeds as new tires with no loss in

safety or comfort. In fact, retread tires have been

safely used on school buses, trucks, cars, fire

engines, and other emergency vehicles for years.

Retreading tires also helps conserve a valuable

nonrenewable resource-oil. Every year, retreading saves more than 400 million gallons of oil in

North America. Retread tires also help divert

thousands of scrap tires from disposal each

year.

RMAN for RETREAD TIRES: Recommended

Recovered Materials Content Ranges:

EPA recommends that procuring agencies purchase either tire retreading services for worn

tires or retread tires as replacement tires. The

U.S. Army Tank-automotive Command

(TACOM) recently replaced the U.S. General

Services Administration (GSA) as manager of

tires, although GSA still offers retreading services contracts for medium truck-bus tires.

TACOM offers a specification, Qualified

Products List, and list of suppliers for retread

tires. TACOM also is offering an inspection program to assure the quality of retreading operations.

Questions regarding shop use of retread

tires:

Approximately how many tires does the shop

replace annually?

What type(s) of tires does the shop use (i.e., bus,

heavy truck, medium truck, light truck, offroad, passenger vehicle)?

Does the shop use retread tires? If so, for which

types of tires?

Does the shop have in place an agreement or

contract with a “retreader” to retread the facility’s tires?

If the shop does not use retread tires for any or

all of the uses, are they aware of the

RCRA/CPG requirement to do so?

If they are aware of the requirement to do so yet

still do not use retread tires, what is their explanation for not using these products?

Does their facility procurement process allow

them to purchase retread tires? If not, what are

the barriers?

Do they purchase retread tires for use in the

shop using a government charge card at a com153

Appendix K
Appendix K

mercial vendor (e.g., Bandag, Goodyear, or

other retreader) outside of the facility? 

What is the fate of used tires removed from the

facility’s vehicles? 

Shop inspection protocol: Inspectors should be

aware that a facility might be using retread

truck tires but not retread passenger tires

because of availability problems or performance

concerns. Inspectors should ask to see replacement tires stored for use by the facility. If the

shop uses retread products, these products can

generally be recognized quickly by the label on

the side of the tire or actual markings remaining

from the retread process. If there are vehicles in

the shop for repair, inspectors should determine

whether the tires on a representative sample of

those vehicles are retread tires. Inspectors

should record and include in their inspection

report whether the tires being used at the facility are retread tires.

ENGINE COOLANT

BACKGROUND: Recycled engine coolants,

also known as antifreeze, might actually be

purer than virgin coolant because the recycling

process reduces the chlorides that come from

hard water. Testing shows that, like new

coolant, recycled coolant meets nationally recognized performance specifications established by

the American Society for Testing Materials

(ASTM) and the Society of Automotive

Engineers (SAE).

RMAN for Engine Coolants: Recommended

Recovered Materials Content Ranges:

• EPA recommends that procuring agencies

whose vehicles are serviced by a motor pool

or vehicle maintenance facility establish a

program for engine coolant reclamation and

reuse that consists of either reclaiming the

spent engine coolants onsite for use in the

agencies’ vehicles or establishing a service

contract for reclamation of the agencies’ spent

engine coolant for use in the agencies’ vehicles. 

• EPA also recommends that procuring agencies request reclaimed engine coolant when

having their vehicles serviced at commercial

service centers. Additionally, EPA recommends that agencies purchase reclaimed

engine coolant when making direct purchases

of this item, such as when necessary to make

up for losses due to leakage or spillage.

• EPA does not recommend one type of engine

coolant over another. EPA recommends, however, that procuring agencies purchase engine

coolant containing only one base chemical,

typically ethylene glycol or propylene glycol,

to prevent the commingling of incompatible

types of engine coolant.

Specific questions regarding shop

use of engine coolants:

How frequently is the coolant changed in each

vehicle?

What is the estimated average annual usage of

coolant in this shop?

Does the shop use reclaimed engine coolant?

Does the shop have in place an agreement or

contract with a vendor to reclaim the facility’s

used coolant?

Does the shop have on-site, a reclamation

device to reclaim used coolant?

If the shop does not use reclaimed coolant, are

they aware of the RCRA/CPG requirement to

do so?

If they are aware of the requirement to do so yet

still do not use reclaimed coolant, what is their

explanation for not using this product?

Does their facility procurement process allow

them to purchase reclaimed coolant? If not,

what are the barriers to such purchases?

Do they purchase coolant (reclaimed or virgin)

for use in the shop using a government charge

card at a commercial vendor (e.g., K-Mart or

Sears) outside of the facility? 

154
What is the fate of used coolant removed from

the facility’s vehicles? 

Shop inspection protocol: Inspectors should

ask to see the area where engine coolants are

stored for use by the facility. If the shop uses

reclaimed coolant, these products can generally

be recognized by the label on container.

Inspectors should record and include in their

inspection report how storage and disposal of

engine coolants is handled at the facility.

155

Appendix K

INSPECTORS:

See attached inspector check list.

(Attachment 1)

Please provide attached 

questionnaire to facility contact.

(Attachment 2)
156

Appendix K

Inspector Checklist for Inspections of Federal Facilities

for Compliance with Section 6002 of the Resource

Conservation and Recovery Act

Note to inspectors: If the facility has no motor vehicle maintenance shop, please provide the

Inspection Questionnaire to the facility and note on the top of this form that the facility does not maintain vehicles onsite. If the facility has more than one motor vehicle maintenance shop, please indicate

whether the response to questions listed below reflect practices at the entire facility or only the shop(s)

inspected. 

Re-refined oils and lubricants:

Background questions:

Approximately how many vehicles are serviced for replacement or addition of oils and lubricants by

the shop or facility annually? __________

What type of vehicles are serviced? (e.g., sedans, trucks, heavy equipment, aircraft)

___________________________________________________________________________________________

Specific questions regarding use of oil and lubricants:

What is the estimated annual consumption of oil and lubricants in the shop?

Motor oil: __________ gallons

other lubricants: __________ gallons

Approximately how frequently is the engine oil replaced in facility vehicles?

Every ____________ miles or __________ months

Does the facility or shop test the oil to determine if replacement is needed?

yes _____ no _____

Does the shop or facility use re-refined oil for replacement engine lubricating (motor) oils?

yes _____ no _____

Does the shop or facility use re-refined oil for replacement hydraulic fluids? 

yes _____ no _____ 

Does the shop or facility use re-refined oil for replacement gear oils? 

yes _____ no _____
Do shop containers containing unused oils and other lubricants indicate these products are re-refined?

Oil - yes _____ no _____

Hydraulic fluids - yes _____ no _____

Gear oils - yes _____ no _____

Is the shop or facility aware of the RCRA/CPG requirement to use re-refined oils or lubricants?

yes _____ no _____

If the facility is aware of the requirement to use re-refined oils and lubricants and still does not use

these products, what is their explanation for not using these products? 

Re-refined is too expensive ____

Specifications don’t allow use of re-refined ____

Re-refined is not available ____

Other _____________________________________

Where does the shop or facility purchase oil and other lubricants?

Commercial bulk vendor (e.g., Safety Kleen) yes _____ no _____

Govt. vendor (e.g., DLA, GSA) yes _____ no _____

Local commercial vendor (e.g., auto supply) yes _____ no _____

Other _________________

Do shop or facility personnel purchase oil or other lubricants for use in the shop using a government

charge card or account at a commercial vendor (e.g., K-Mart or Sears) outside of the facility?

Always ____ Occasionally _____ Never _____

What is the fate of used oil removed from the facility’s vehicles? 

Disposed of as hazardous waste _____

Picked up by vendor for “recycling” _____

Reused at facility for heating fuel _____

Other __________________________

If the oil is collected or sent out to a recycler, is it ultimately used for energy recovery or is it rerefined? Energy recovery _____ Re-refined _____ Don’t know _____

157

Appendix K
Appendix K

Retread Tires:

Background questions:

Approximately how many tires does the shop or facility replace annually? _____

What type(s) of replacement tires does the shop or facility use?

Bus yes _____ no _____

Heavy truck yes _____ no _____

Pickup truck yes _____ no _____

Passenger vehicle yes _____ no _____

Other ______________

____________________________________________________________________________

Specific questions regarding the use of retread tires:

Does the shop or facility install retread tires on facility vehicles onsite?

yes _____ no _____

If yes, for which types of tires?

Bus _____

Heavy truck ______

Pickup truck _____

Passenger vehicle _____

Other _________________

Does the shop or facility have in place an agreement or contract with a “retreader” to retread the facility’s tires?

yes _____ no _____

Does the shop or facility use an outside service or vendor for tire replacement?

yes _____ no _____ 

If yes, does that vendor offer retread tires? 

yes _____ no _____ don’t know _____

If yes, does the facility purchase these tires?

yes _____ no _____

Is the shop or facility aware of the RCRA/CPG requirement to use retread tires?

yes _____ no _____

158
If the shop or facility is aware of the requirement to do so yet still do not use retread tires, what is the

explanation for not using these products?

Retread tires are “unsafe” ____

Specifications don’t allow use of retread tires ____

Retread tires are not available to the facility ____

Other _____________________________________

Does the shop or facility purchase retread tires for use in the shop using a government charge card or

account at a commercial vendor (e.g., Bandag, Goodyear, or other retreader) outside of the facility? 

Always ____ Occasionally _____ Never _____

How are used tires disposed of by the facility? _________________________________________________

Engine Coolants:

Background questions:

Approximately how many vehicles are serviced for replacement or addition of coolants by the shop or

facility annually? __________

What type of vehicles are serviced? (e.g., sedans, trucks, heavy equipment)

_____________________________________________________________________________

Specific questions regarding shop of facility use of engine coolants:

Where does the shop or facility purchase coolant (reclaimed or virgin)?

Commercial bulk vendor (e.g., Safety Kleen) yes _____ no _____

Govt vendor (DLA, GSA) yes _____ no _____

Local commercial vendor (e.g. auto supply) yes _____ no _____

Other _________________

Approximately how frequently is the coolant changed in each vehicle?

Every ____________ miles or _____________ months?

What is the estimated average annual usage of coolant in this shop or facility?

_______________ gallons

Does the shop or facility use reclaimed engine coolant? yes _____ no _____

Does the shop or facility have in place an agreement or contract with a vendor 

to reclaim the facility’s used coolant? yes _____ no _____

Does the shop or facility have on-site, a reclamation device to reclaim used coolant? 

yes _____ no _____

159

Appendix K
Is the shop aware of the RCRA/CPG requirement to use reclaimed coolant? yes _____ no _____

If the facility is aware of the requirement to do so yet still do not use reclaimed coolant, what is the

explanation for not using this product?

Reclaimed coolant is not effective ____

Specifications don’t allow use of reclaimed coolant ____

Reclaimed coolant is not available to the facility ____

Coolant reclamation devices are too costly ____

Other _______________________________________

Does the facility purchase coolant (reclaimed or virgin) for use in the shop using a government charge

card at a commercial vendor (e.g., K-Mart or Sears) outside of the facility? 

How does the facility dispose of coolant that is removed from facility vehicles (and is not reclaimed)?

______________________

Please add any additional observations regarding this inspection.

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

Inspectors are requested to forward a copy of this check sheet to the EPA Headquarters E.O. 13101

Program Manager within two weeks of the Federal facility inspection.

The checklist should be mailed to:

US Environmental Protection Agency

E.O.13101 Program Manager (mail code 2261A)

401 M Street SW

Washington, DC 20460

160

Appendix K
Facility Questionnaire

161

Appendix K

This questionnaire is designed to determine the level of your facility’s awareness of and compliance with the recycled content procurement requirements of Executive Order 13101, Section

6002 of the Resource Conservation and Recovery Act (RCRA), and the corresponding recommendations and guidance provided by EPA. Please respond to each of the questions and return the

questionnaire within two weeks to the address printed at the end of this form.

THIS QUESTIONNAIRE SHOULD BE COMPLETED BY THOSE INDIVIDUALS MOST FAMILIAR

WITH THE FACILITY’S ENVIRONMENTAL AND PROCUREMENT PROGRAMS.

List below the name, address and point of contact for your facility and the phone number, email

address and position of facility personnel completing this questionnaire.

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

PLEASE PROVIDE A RESPONSE TO THE QUESTIONS LISTED BELOW. USE SPACE AT THE END

OF THE QUESTIONNAIRE TO PROVIDE CLARIFICATION ON ANY RESPONSE; PLEASE

REMEMBER TO INCLUDE THE QUESTION NUMBER WHEN PROVIDING ADDITIONAL INFORMATION OR CLARIFICATION.

1a) Prior to the receipt of this questionnaire, was your facility’s environmental manager aware of 

the requirements in RCRA 6002 for the procurement of EPA designated recycled content 

products?

yes _____ no _____

1b) Was your facility’s procurement manager aware of the requirements in RCRA 6002 for the 

procurement of EPA designated recycled content products?

yes _____ no _____

2) Do you know whether your agency (i.e. Department of Defense, Department of Agriculture) 

has an Affirmative Procurement Program (APP) established to meet the requirements of E.O. 

12873, E.O. 13101 and/or RCRA 6002?

yes _____ no _____

If yes to #2, do you have a written or electronic copy of the APP for your agency?

yes _____ no _____
3) Does your facility have a policy or program which places a preference on procurement of items 

containing recycled content or manufactured from recovered materials?

yes _____ no _____

If yes to #3, is the program formal (e.g., written policy signed by facility manager, director or 

commander)?

yes _____ no _____

If yes to #3, does your facility announce and publicize the program to potential and active 

vendors providing services or materials to the facility?

yes _____ no _____

If yes, how does your facility accomplish this? 

____________________________________________________________________________________

If yes to #3, how does your facility promote the program to facility and shop level personnel? 

____________________________________________________________________________________

If yes to #3, does your facility monitor and review the effectiveness of the program including 

the tracking of purchases?

yes _____ no _____

If yes to #3, which entity or office in your facility (e.g., supply - procurement -shop manager) is 

responsible for implementing the program? (list as many as appropriate)

____________________________________________________________________________________

4) Does your facility’s acquisition and/or procurement planning process investigate and/or 

emphasize the use of recycled content products?

yes _____ no _____

If yes to #4, when you return this questionnaire, please provide a copy of a contract or 

procurement document or procurement policy that reflects the process described. 

5) Are personnel at your facility who are authorized to use government credit cards for 

procurement of items for use at your facility informed of the requirement to purchase 

designated recycled content products?

yes _____ no _____

6) Are records of credit card purchases of designated recycled content items maintained at your 

facility?

yes _____ no _____

162

Appendix K
7) Please list a sample of any items you know of that are purchased by your facility which 

contain recycled content or are manufactured from recovered materials and are not on EPA’s 

list of designated recycled content items (that list is attached in matrix form to this document).

___________________________________________________________________________________________

___________________________________________________________________________________________

8) Would you like to receive additional information regarding the Comprehensive Procurement 

Guidelines?

yes _____ no _____

9) Please list any items, issues or questions that are not part of this questionnaire that you feel 

should be included ?

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

Attached to this document is a matrix listing each of the EPA designated recycled content items.

Please complete the matrix by placing an x in the appropriate box beside each item on the matrix.

EPA will be periodically updating this document and the guidance for inspectors. If you have additional suggestions or comments regarding this document, please add them to this page prior to returning it to EPA. 

Please complete the attached matrix and return it along with this questionnaire and any other supporting documentation to:

US Environmental Protection Agency

E.O. 13101 Program Manager (mail code 2261A)

401 M Street SW

Washington, DC 20460

Facility personnel are encouraged to contact the RCRA hotline at 800-424-9346 or search the Internet at

http://www.epa.gov/cpg/products/htm or http://www.ofee.gov/ for further information about the

Federal Government Buy-Recycled Program.

163

Appendix K
164

Appendix K

Comprehensive 

Procurement Guidelines

Categories and Designated Items

(Note: This table includes proposed CPG items as well as items

designated final.) Please place a

check in all appropriate boxes.

Not 

purchased

by facility

Purchased

- with no

recycled

content 

Purchased

- with

recycled

content

Purchased

through

services

contractor

Don’t

know if

purchased

at facility

VEHICULAR PRODUCTS

Engine coolants - antifreeze _________ _________ _________ _________ _________

Re-refined lubricating oils 

- including motor oil _________ _________ _________ _________ _________

Retread tires _________ _________ _________ _________ _________

CONSTRUCTION PRODUCTS

Building insulation products _________ _________ _________ _________ _________

Carpet backing _________ _________ _________ _________ _________

Carpet cushion _________ _________ _________ _________ _________

Polyester carpet _________ _________ _________ _________ _________

Cement and concrete _________ _________ _________ _________ _________

Latex paint _________ _________ _________ _________ _________

Floor tiles _________ _________ _________ _________ _________

Laminated paperboard _________ _________ _________ _________ _________

Patio blocks _________ _________ _________ _________ _________

Shower and restroom 

dividers and partitions _________ _________ _________ _________ _________

Structural fiberboard_________ _________ _________ _________ _________

Flowable fill _________ _________ _________ _________ _________

Railroad grade crossings /surfaces _________ _________ _________ _________ _________

LANDSCAPING PRODUCTS

Food waste compost _________ _________ _________ _________ _________

Yard trimmings compost _________ _________ _________ _________ _________

Landscape timbers and posts _________ _________ _________ _________ _________

Garden and soaker hoses _________ _________ _________ _________ _________
LANDSCAPING

PRODUCTS (Continued)

Hydraulic mulch _________ _________ _________ _________ _________

Lawn and garden edging _________ _________ _________ _________ _________

NON-PAPER OFFICE PRODUCTS

Plastic binders _________ _________ _________ _________ _________

Plastic clipboards _________ _________ _________ _________ _________

Plastic clip portfolios _________ _________ _________ _________ _________

Plastic file folders _________ _________ _________ _________ _________

Plastic presentation folders _________ _________ _________ _________ _________

Binders (paper, plastic covered) _________ _________ _________ _________ _________

Office recycling containers _________ _________ _________ _________ _________

Office waste receptacles _________ _________ _________ _________ _________

Plastic desktop accessories _________ _________ _________ _________ _________

Plastic envelopes _________ _________ _________ _________ _________

Plastic trash bags _________ _________ _________ _________ _________

Printer ribbons _________ _________ _________ _________ _________

Toner cartridges _________ _________ _________ _________ _________

PAPER AND PAPER PRODUCTS

Printing and writing papers _________ _________ _________ _________ _________

Newsprint _________ _________ _________ _________ _________

Sanitary tissue _________ _________ _________ _________ _________

Paperboard_________ _________ _________ _________ _________

Packaging _________ _________ _________ _________ _________

PARK and RECREATION PRODUCTS

Playground equipment _________ _________ _________ _________ _________

Park and recreational furniture _________ _________ _________ _________ _________

165

Appendix K

Comprehensive 

Procurement Guidelines

Categories and Designated Items 

Not 

purchased

by facility

Purchased

- with no

recycled

content 

Purchased

- with

recycled

content

Purchased

through

services

contractor

Don’t

know if

purchased

at facility
PARK and RECREATION 

PRODUCTS (Continued)

Plastic fencing _________ _________ _________ _________ _________

Playground surfaces _________ _________ _________ _________ _________

Running tracks _________ _________ _________ _________ _________

TRANSPORTATION PRODUCTS

Channelizers _________ _________ _________ _________ _________

Flexible delineators _________ _________ _________ _________ _________

Parking stops _________ _________ _________ _________ _________

Traffic barricades _________ _________ _________ _________ _________

Traffic cones _________ _________ _________ _________ _________

Delineators _________ _________ _________ _________ _________

MISCELLANEOUS PRODUCTS

Pallets _________ _________ _________ _________ _________

Sorbents _________ _________ _________ _________ _________

Awards and plaques _________ _________ _________ _________ _________

Industrial drums _________ _________ _________ _________ _________

Mats _________ _________ _________ _________ _________

Signage _________ _________ _________ _________ _________

Strapping and stretch wrap _________ _________ _________ _________ _________

If you responded yes to any items in column three, “Purchased with recycled content,” please list

below those items purchased with recycled content at or above the EPA recommended level. 

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

166

Appendix K

Comprehensive 

Procurement Guidelines

Categories and Designated Items 

Not 

purchased

by facility

Purchased

- with no

recycled

content 

Purchased

- with

recycled

content

Purchased

through

services

contractor

Don’t

know if

purchased

at facility
[Federal Register: August 13, 1999 (Volume 64, Number 156)] [Notices] [Page 44185-44193]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr13au99-40]

————————————————————————————————————–—————————

DEPARTMENT OF AGRICULTURE

Office of the Secretary

Procedures for Submission of Biobased Products for Listing by USDA

AGENCY: U.S. Department of Agriculture.

ACTION: Notice and request for comment.

——————————————————————————————————–———————————

167

GREENING THE GOVERNMENT

CLOSING THE CIRCLE

Appendix L

Federal Register: Proposed Procedures 

for Submission of Biobased Products

for Listing by USDA

SUMMARY: As required by Executive Order

13101, the U.S. Department of Agriculture

(USDA) is proposing guidelines for listing commercially available commercial and industrial

biobased products (a commercial or industrial

product (other than food or feed) that utilizes

biological products or renewable domestic agricultural (plant, animal, and marine) or forestry

materials) available for purchase by Federal

agencies. This notice includes a generic definition of biobased products, suggested criteria for

including biobased items in a list to be put

together by USDA, and a description of the

process USDA will use in considering items for

inclusion on the USDA Biobased Products List.

USDA is seeking specific public comment on the

criteria and process and other comments as

appropriate. USDA will, after development of

the first list, also be accepting items for listing

on an on-going basis.

DATES: Comments should be received on or

before September 13, 1999.

ADDRESSES: Individuals wishing to comment

must send an original and two copies of their

written comments to: J. R. Holcombe, Jr.; Office

of Procurement and Property Management; U.S.

Department of Agriculture; Mail Stop 9303; 1400

Independence Avenue, SW; Washington, DC

20250. Please place the phrase ``USDA Biobased

Products List’’ on your envelopes containing

comments. The comments themselves also

should be identified with the phrase ``USDA

Biobased Products List’’.

FOR FURTHER INFORMATION CONTACT:

J. R. Holcombe, Jr., at the address above or by Email at richard.holcombe@USDA.GOV. Persons

requiring accommodations, including sign language interpreters, should call J. R. Holcombe,

Jr. through Terry Thir at (202)720-2531 or TDD

(202)720-8372).
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Authority

II. Background

III. Definitions

IV. Model

V. Methodology

VI. Criteria for Proposing Biobased Products

1. Contain biobased materials

2. Readily available

3. Reasonably priced

4. Performance

5. Meets EPA’s EPP Guiding Principles

VII. Proposed Categories of Products for Consideration

Category 1: Absorbents/Adsorbents

Category 2: Adhesives/Inks/Coatings

Category 3: Alternative Fuels and Fuel Additives

Category 4: Construction Materials/Composites

Category 5: Lubricants/Functional Fluids

Category 6: Renewable Alternative Fiber Papers/Packaging

Category 7: Solvents/Cleaners/Surfactants

Category 8: Plant Based Plastics/Degradable Polymers/Films

Category 9: Landscaping Products

Category 10: Bioremediation Products

Category 11: New Fibers/Filler/Yarn/Insulation

Category 12: Enzymes/Intermediate Chemicals

Category 13: Other

(A.) Cosmetics

(B.) Pharmaceuticals/Nutraceuticals

(C.) Products no longer under consideration or for which USDA has inadequate information

(D.) Products USDA has decided not to designate

VII. Questions and Answers

IX. Appendix

1. USDA Biobased Products Coordination Council Functions by Member

2. Other Resources

168

Appendix L
I. Authority

The designation and consideration of biobased

products is authorized by Executive Order (EO)

13101, Greening the Government Through

Waste Prevention, Recycling, and Federal

Acquisition, dated September 14, 1998, as follows:

Sec. 504. Designation of Biobased Items by the

USDA. The USDA Biobased Products

Coordination Council shall, in consultation

with the FEE (Federal Environmental

Executive), issue a Biobased Products List. (a)

The Biobased Products List shall be published

in the Federal Register by the USDA within 180

days after the date of this order and shall be

updated biannually after publication to include

additional items; (b) Once the Biobased

Products List has been published, agencies are

encouraged to modify their affirmative procurement program to give consideration to those

products.

The requirement for Federal agencies to consider biobased products is not only in Executive

Order 13101, but also in Office of Management

and Budget (OMB)/Office of Federal

Procurement Policy (OFPP) Policy Letter 92-4

and applies to all Federal agencies. E.O. 13101 is

silent on micro-purchases, thus there is no

threshold or other exception which would discourage agencies from purchasing biobased

products. Nor is there any exemption for purchases using Federal credit cards. While there is

no stated equivalent encouragement for state

and local governments to purchase biobased

products, generally state and local governments

follow the Federal lead in such matters.

II. Background

Sustained economic growth depends on having

a secure raw material source for industrial production. Petroleum, today’s prevalent industrial

feed stock, is neither sustainable nor environmentally friendly. Biobased products offer alternatives to petroleum and mineral-derived

industrial products currently in the marketplace

which may have negative environmental

impacts. Biological plant and animal systems

and processing streams in the U.S. food, feed

and fiber industries are renewable over a short

time frame and, in general, at the end of their

life cycle are either recycled, or allowed to

return in an environmentally friendly manner to

the environment. Utilizing biobased materials to

produce industrial products will expand the

nation’s capabilities to take advantage of new

and exciting technologies and America’s agricultural abundance.

From a procurement perspective, a broader

range of biobased industrial products will assist

agencies in successfully meeting environmental

goals as outlined in E.O. 13101. From the USDA

perspective, the issues extend well beyond good

stewardship of the nation’s resources.

USDA is engaged in research and development

activities for biobased industrial products.

These activities are conducted in-house, through

universities and colleges, through private business, and through USDA’s Alternative

Agricultural Research and Commercialization

Corporation. Partnerships with universities,

industry, state and local government and other

Federal agencies to create, apply and transfer

knowledge and technology, have resulted in a

broad range of non-food and non-feed products

to meet expanding market needs. Some of these

products offer many performance advantages

over conventional products such as enhanced

quality, durability, flexibility, and strength, and

are biodegradable when appropriate.

Buying biobased products ensures that

``biobased industrial products will be a major

U.S. economic growth area in the next century

as fossil-based industrial products, such as synthetic chemicals and liquid fuels, were in the

20th century. Biobased industrial products will

improve economic security through use of

domestic versus imported resources, optimal

use of currently unused or underused land, and

geographically widespread production and

manufacture across the U.S.’’ (Quote from

169

Appendix L
Vision for Agricultural Research and

Development in the 21st Century, December 14,

1998, prepared by the National Agricultural

Biotechnology Council).

The Biobased Products List (BPL) does not qualify as a rule making under the Administrative

Procedure Act, 5 U.S.C. 551 et seq. The Biobased

Products Coordination Council (BPCC) listing

of biobased products is without a binding effect.

Agencies are not required to purchase biobased

products, and listing does not guarantee any

sales of such products. Listing heightens awareness in the Federal acquisition community that

such products are available. Listing acknowledges that these products contain certain features that may make the products more desirable for Federal agencies. The BPCC also is not

requiring any action be taken by the private sector. The listing is simply information dissemination. Even though not a rule, USDA is eager to

obtain public involvement in the formulation of

the biobased products list to develop a more

utilitarian, comprehensive, and informed list.

For those reasons, USDA is soliciting public

comment through this notice.

As stated above, the designation of products by

USDA and the resulting BPL is part of USDA’s

efforts to heighten awareness among those in

the Federal acquisition community regarding

the availability of such products.

Simultaneously, as a collateral benefit, USDA

believes such listing will promote the use of

products made from agricultural materials. The

intent of E.O. 13101 is to use the purchasing

power of the Federal government to create new

markets and stimulate the development of new

environmentally preferable products, including

biobased products, for the Federal market. As

with recycled content products, Federal agency

procurement of biobased products will: (1)

demonstrate their performance and quality; (2)

help to provide markets, thereby encouraging

manufacturing; (3) drive the development of

product specifications; (4) promote wider availability; (5) provide a model for State and local

governments; and (6) remove barriers to procurement and use of these products.

The Federal market place is already well aware

of mature biobased products, such as cotton

shirts and dimensional lumber. Because of the

anticipated large number of biobased products

of which Federal officials are unaware, and to

help keep the BPL manageable and useful as an

effective and efficient procurement information

resource, USDA has decided not to list commonly known mature products. Instead, USDA

is publishing the BPL to promote new uses for

conventional crops, non-conventional crops,

biological products, marine products, or forestry

materials. Additionally, by increasing the acquisition of the number and kinds of biobased

products available for purchase by Federal procurement officials, competition in contracting

will be strengthened. Successful implementation

of E.O. 13101 will have significant outcomes for

U.S. agriculture and the environment. There will

be economic, environmental and societal advantages from the development of industrial feed

stocks from agricultural materials.

III. Definitions

A ``biobased product’ is defined in E.O. 13101

as a commercial or industrial product (other

than food or feed) that utilizes biological products or renewable domestic agricultural (plant,

animal, and marine) or forestry materials.

``Mature markets’’ means a product area that

exists with sufficient commercial sales so that,

within the judgment of USDA, no marketing

support is needed.

``Environmentally preferable products’’ means

products that have a lesser negative impact on

human health or the environment when compared with competing products that serve the

same purpose. This comparison should use

principles recommended in guidance issued by

the U.S. Environmental Protection Agency

(EPA) (see Federal Acquisition Regulation

23.703).

170

Appendix L
These are commonly recognized definitions. The

public is encouraged to comment on these definitions and suggest others.

IV. Model

This notice, and the proposed USDA methodology for designating biobased products, is patterned after the Guidelines for Procurement of

Products Containing Recovered Material

(Comprehensive Procurement Guidelines—

CPG) published by the U.S. Environmental

Protection Agency (EPA) which designates

items that are or can be made with recovered

materials (59 FR 18852, April 20, 1994). In like

manner, the USDA BPL will identify commercial

or industrial products made from agricultural,

forestry and marine materials. The CPG implements section 6002(e) of the Resource

Conservation and Recovery Act (RCRA), as

amended by the Hazardous and Solid Waste

Amendments of 1984, section 502 of E.O. 12873,

and E.O. 13101. RCRA requires EPA to designate

items that can be produced with recovered

materials and to recommend practices for the

procurement of designated items by procuring

agencies. E.O. 12873 and E.O. 13101 set forth

procedures for EPA to follow in implementing

section 6002(e) of RCRA. Specifically, EPA designates products for agencies to purchase and

provides recommendations for purchasing those

products containing recovered materials.

Similarly, E.O. 13101 directs that USDA identify

biobased products and prepare a list of biobased

products and ``agencies are encouraged to modify their affirmative procurement program to

give consideration to those products.’’ Updated

information on CPG can be found at the web

site: http://www.epa.gov/cpg.

V. Methodology

As soon as E.O. 13101 was signed on September

14, 1998, USDA began its efforts to compile a list

of biobased products as required by the E.O. A

committee was appointed by USDA’s BPCC to

prepare the appropriate notice for the Federal

Register.

The committee is made up of individuals with

commercialization, legal, legislative, marketing,

procurement, rural development, research, and

other technical expertise and who meet to work

on the list. Early in the process, draft copies of

the proposed listing process were shared with

other Federal agencies, environmental organizations, and agri-industry groups, including the

major commodity representatives. The Federal

Trade Commission was contacted to seek their

guidance with respect to labeling products

biobased. The committee also utilized existing

documents on biobased products referenced in

the appendix of this document. Based on public

input, research and the expertise of the committee, this notice for comment was prepared.

A number of questions were raised during the

committee deliberations. Many of these related

to the standard procurement requirements of

price, performance, and availability. Some are

answered below under the criteria section,

while a number of other considerations are conveyed under section VII entitled ``Questions

and Answers’.

USDA proposes to designate biobased products

by establishing and maintaining a list of product categories. For this document we have combined some categories of commercial and industrial products. Other categories are not listed

because they do not designate products which

are purchased by government procurement officials. This document is presented to the public

for comment. USDA is providing an opportunity for interested parties to suggest changes

(alterations, additions or deletions) to the designated categories. USDA will consider the timely

comments and publish its decision in the

Federal Register as a notice. Over time USDA

will determine whether the world wide web or

a similar electronic communication system may

be adequate to allow open public review and

comment. If this determination is made, the

electronic system will be used to supplement

publication in the Federal Register.

USDA also will issue guidance in the Federal

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Register on buying biobased products in a

Biobased Products Advisory Notice (BPAN).

The BPANs will recommend biobased content

ranges or other descriptors for biobased products and will be based on current information

on commercially available biobased content

products. Content levels will be updated as

marketplace conditions change. BPANs will be

prepared and published in the Federal Register

for public comment in the same manner as the

BPL.

USDA will list products and sources for these

products on a world wide web site to allow

buyers to use the designation of products as a

``yellow pages’’ to seek out biobased products

for their use. Biobased products which USDA is

aware of will be listed on the site. USDA will

not guarantee the validity of the advertising

claims presented by the vendor to inform USDA

of the product. Vendors are advised that their

advertising, labeling, and other marketing

claims should comply with the U.S. Federal

Trade Commission’s Guides for the Use of

Environmental Marketing Claims, 16 CFR Part

260. USDA also does not endorse any products

on the list. Vendors may submit information to

describe their products and its availability at

any time after a suitable category is developed.

Products may be listed in more than one category. The extent of information to be offered

USDA to support listing a product is determined by the vendor. Should USDA reject a proposed listing, the vendor will be informed of the

reasons and allowed to resubmit.

While directed primarily at Federal executive

branch agencies, the BPL and BPAN information

is helpful to everyone interested in purchasing

biobased-content products. It is expected that

state and local governments and commercial

businesses will find the BPL and supporting

information helpful.

As part of the BPL designation process, USDA

will make its supporting documentation and

background information available. In addition,

product research information will be published

in a technical background document that discusses product availability, performance, relevant specifications, government purchasing, and

other pertinent issues.

All proposals, designations, and recommendations will be published in the Federal Register

with a brief description for each of the designated products listed (BPAN). The public also can

view USDA’s recommended biobased content

range, or other descriptors and a list identifying

manufacturers, vendors, and suppliers for each

product at a web site to be created.

USDA’s method for identifying, proposing, and

designating BPL products is developed based

on the experience of EPA in the designation of

recycled-content products and on the direction

set up in E.O. 13101, section 504. Prior to issuing

or revising the BPL, USDA will consult with

Federal acquisition officials, EPA and the

Federal Environmental Executive (FEE) required

under E.O. 13101, to identify additional criteria

to consider when selecting (product areas) products for designation.

However, these product categories are not all

inclusive and other categories may be suggested

through the comment process. Many of the

products under these categories in this first list

are those known to USDA or its partners

because USDA has performed research, initiated

technology transfer, or provided commercialization assistance for these products. USDA realizes there are many biobased industrial products developed by the private sector with little

or no Federal assistance. These will also be considered for listing without bias. The biobased

industrial products list will be amended periodically to incorporate additional products or categories based on public participation. Following

is a summary of USDA’s selection criteria.

VI. Criteria for Proposing 

Biobased Products

USDA proposes to evaluate five primary concerns, which every product must meet, when

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examining products for proposed listing.

Products proposed for listing must:

(1) Contain Biobased Materials

Products with a higher percentage of biobased

content, are considered better. Products must be

manufactured with raw materials that are

domestically produced from agricultural production—farming, ranching, forestry, aquaculture—or from materials derived during the processing of these biobased products. Particular

attention is paid to those products produced

from materials that are a significant component

of the waste stream.

(2) Readily Available

The products USDA selects for designation are

available from national, regional, or local

sources. The relative availability of a product

influences the ability of a procuring agency to

secure a reasonable price and an adequate level

of competition when procuring it. USDA does

not intend to designate experimental or developmental products until it can be shown that

they meet these evaluation criteria, in particular,

commercial availability. Several of the technologies behind the products are new and supported by patents. Some of these products have

been developed through Cooperative Research

and Development Agreements (CRADAs) while

other companies have licensed USDA developed technologies. Given this knowledge, the

committee felt it would be in the Government’s

interest to purchase those products developed

with Federal research and commercialization

dollars. Sole-source products may be listed.

Additionally, although competition is desirable,

all applicable patents shall be recognized.

However it was also felt that the promotion of

these technologies would encourage other companies to commit funds to enter the market thus

leading to greater competition.

(3) Reasonably Priced

It also is important for the product to be priced

competitively. It is highly desirable that there is

adequate competition among suppliers of the

product.

(4) Performance

Products must meet commercial or Federal performance standards and specifications.

If product and service providers make marketing claims regarding the environmental attributes of their product or service, including claims

of environmental preferability, the claims

should conform to the Federal Trade

Commission’s (FTC’s) Guides for the Use of

Environmental Marketing Claims (Green

Guides), 16 CFR Part 260. A copy of the Green

Guides can be obtained through FTC’s website:

www.ftc.gov (select ``Consumer Protection’’,

then select ``Environment’’, then select

``Guides’’). As explained in the FTC Green

Guides (16 CFR 260.5), any party making a

claim concerning a product’s environmental

attribute ``must, at the time the claim is made,

possess and rely upon a reasonable basis substantiating the claim. A reasonable basis consists

of competent and reliable evidence. In the context of environmental marketing claims, such

substantiation will often require competent and

reliable scientific evidence, defined as tests,

analyses, research, studies or other evidence

based on the expertise of professionals in the

relevant area, conducted and evaluated in an

objective manner by persons qualified to do so,

using procedures generally accepted in the profession to yield accurate and reliable results.’’

The Green Guides (16 CFR 260.5) provide guidance on the use of environmentally preferable

claims, as well as other claims such as

biodegradable, recycled, recyclable, non-toxic,

and ozone friendly.

The Green Guides state that either an unqualified or inadequately qualified claim that a product is environmentally preferable implies to consumers that a product is generally environmentally superior to others. Such an overall superiority claim would be difficult to substantiate.

Accordingly, environmentally preferable claims

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Appendix L
should be accompanied by language limiting

the preferability claim to the particular attributes that can be substantiated. In other words, the

claim should explain which specific product features or attributes benefit the environment (for

example, the product is non-toxic, contains no

VOCs, and comes in a recycled package). In

addition, the Green Guides state in 16 CFR

260.6, 260.7 that when environmental seals-ofapproval or other certifications are used, they

should be accompanied by information explaining the basis for the award.

(5) Meets EPA’s EPP 

Guiding Principles

Products must meet the Environmentally

Preferable Products (EPP) Guiding Principles as

published by the EPA. (See definitions section

III above for the definition of EPP. The EPP

Guiding Principles are listed below.)

Guiding Principle 1:

Environment + Price + Performance = EPP

Environmental considerations should become

part of normal purchasing practice, consistent

with such traditional factors as product safety,

price, performance, and availability.

Guiding Principle 2: Pollution Prevention

Consideration of environmental preferability

should begin early in the acquisition process

and be rooted in the ethic of pollution prevention which strives to eliminate or reduce, up

front, potential risks to human health and the

environment.

Guiding Principle 3:

Life Cycle Perspective/Multiple Attributes

A product’s or service’s environmental preferability is a function of multiple attributes from a

life cycle perspective.

Guiding Principle 4: Magnitude of Impact

Determining environmental preferability might

involve comparing environmental impacts. In

comparing environmental impacts, Federal

agencies should consider: the reversibility and

geographic scale of the environmental impacts,

the degree of difference among competing products or services, and the overriding importance

of protecting human health.

Guiding Principle 5:

Environmental Performance Information

Comprehensive, accurate, and meaningful information about the environmental performance of

products or services is necessary in order to

determine environmental preferability.

Copies of EPA’s final EPP guidance document

can be obtained by calling the Pollution

Prevention Information Clearinghouse (PPIC) at

(202) 260-1023. The text included here is our

understanding of the guidance being finalized.

We intend to use the final guidance published

by EPA in operation of the Biobased Products

List. The proposed EPP guidance was published

for public comment at 60 FR 50722, September

29, 1995, and is available on the Internet at

(http://www/epa.gov/docs/EPA-TOX/1995/

September/Day-29/pr-139.html). We will rely

on manufacturers’ advertising claims as a selfcertification of these five principles.

VII. Proposed Categories of Products 

for Consideration

A key component of the BPL program is

USDA’s list of designated products and the

accompanying biobased content recommendations. USDA is proposing to designate products

in the categories listed below. USDA also will

publish final or proposed biobased content recommendations for each product. At this point,

the proposed categories are listed for informational and discussion purposes only. USDA is

interested in learning about category areas for

potential future designation. There is not a specific list of the information, which USDA

requires before considering a product, although

the discussion above under ``Criteria for

Proposing Biobased Products’’ should provide

general guidance for those wishing to submit

products for listing.

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More details about USDA’s information needs

and the agency’s decision-making process will

be provided after public input is received from

this notice.

Category 1: Absorbents/Adsorbents

Within this category, the environmental preferability of the entire product (e.g.,

absorbent/adsorbent and the casing or framework holding or enclosing the absorbent/adsorbent) must be addressed by the buyer. Product

examples under consideration for listing

include:

• Vegetable starch

• Cotton and cotton linters (cotton pads, oil

absorbents)

• Wool (low value wool is used to make adsorbent pads)

• Kenaf (oil absorbent)

• Agricultural wastes (such as corn stover,

peanut hulls, and other crop residues to

absorb liquids and petroleum)

Category 2: Adhesives/Inks/Coatings

Within this category a number of adhesives

have been developed which utilize plant proteins, plant starches and plant oils. These adhesives generally have low or no emissions (below

EPA standards where applicable) of hazardous

air pollutants and volatile organic compounds

(VOC’s). Examples of products using biobased

adhesive under consideration for listing include:

• Plywood

• Finger-jointed lumber

• Engineered wood building components (laminated beams, trusses, etc.)

• Decorative composites

• Fiber board panels

• Paper board

• Plant oils are used to make inks. To be considered a plant-based ink, the ink must contain a minimum of 20 percent by volume of

plant oil (Vegetable Ink Printing Act of 1994,

Pub.L. 103-348). Examples under consideration for listing include:

• Soy ink

(In regards to this product, in its own agency

print shops, the Federal government buys ink.

However, it also buys printing. The intent of

this designation is to have Federal procurement

officials purchase soy inks for in-house use and

specify the ink for contracted printing.) Also in

the development stage at this time is a broader

range of inks such as silkscreen and flexography, toners for copiers and laser printers, inkjet

printer inks, textile inks and higher soy content

UV cured inks for a variety of purposes. When

these products are commercially available, they

will be designated if appropriate.

Plant oils are also used in a number of paints

and coatings. Examples under consideration

include:

• Concrete sealants and waterproofing

• Concrete stains

• Wood sealers and waterproofing

• Architectural coatings

• Metal coatings

• Form release agents

• Corrosion inhibitors and polishes.

Category 3: Alternative Fuels and Fuel 

Additives

Within this category agricultural raw materials,

derivatives, or byproducts have been used to

develop alternative fuels. Examples under consideration for listing include:

Motor Fuels

• Biodiesel (made from plant based oils or animal fats)

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Appendix L
• Ethanol (made from corn or other biomass)

Energy Fuels

• Fuel pellets (Generally such products contain

over 60 percent by weight agricultural, forest,

or other woody fiber, produce less than 20

percent ash after complete combustion, and

contain less than 15 percent moisture.)

Category 4: Construction 

materials/Composites

This category includes wood products and composites from woody and agricultural materials,

residues, and wastes. Within this category, products must be derived from agricultural crop, forest materials, or crop residue (includes woody

materials). The woody materials can be from

activities such as thinning, or fuel reduction in

plantation stands, regenerated forest stands, or

intensively cultured short rotation woody

stands, i.e. less than 10 years, or from wood

residue, or recovered wood products. Products

produced from recovered agricultural wastes

(including waste paper) need not meet the short

rotation woody crop requirement during the

manufacturing process. Examples under consideration for listing include:

• Wall systems made from compressed wheat

straw or other plant fibers

• Fiber board made from wheat or other cereal

straw, sugarcane bagasse, or other plant fibers

• Composites made from soybean meal or

other plant proteins

• Molded auto parts from vegetable fibers

• Building or office furnishings (desks, tables,

cabinets, etc.) made from biobased composites

This category includes wood products and composites from woody and agricultural materials

which are bound with biobased resins. Examples

under consideration for listing include:

• Plywood

• Finger-jointed lumber

• Engineered wood building components (laminated beams,trusses, etc.)

• Decorative composites

The category may also include thermoset plastics and reinforced plastic parts and plastic foam

insulation materials made from vegetable oil or

protein-based resins. Examples under consideration include:

• Rigid foam insulation

• Door and window components

• Molded reinforced plastic automotive and

equipment parts

Category 5: Lubricants/Functional fluids

Within this category products include oils and

greases. Products are generally made from soybean, canola, rapeseed, corn or other plant

materials. Examples under consideration for

listing include:

• Vehicle lubricants (crankcase oils, transmission fluids, fifth wheel grease, all purpose

total loss lubricants)

• Vehicle fluids (windshield washer fluid from

ethanol)

• Air-cooled engine lubricants (crankcase oils,

greases)

• Hydraulic fluids

• Gearbox oils

• Metal working fluids and cutting oils

• Total loss lubricants: (including 2-cycle engine

oils, rail and flange lubricants, wire rope and

cable lubricants, pump drip oils, bar chain

oils, lumber skid lubricants, asphalt release

agents, concrete form release oils, and penetrating oils).

Category 6: Renewable alternative fiber 

papers/Packaging

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Appendix L
Within this category, products must have at

least 30 percent recovered content fiber (E.O.

13101), in addition to biobased content, and the

manufacturing process should use less (or zero)

chlorine during bleaching than traditional tree

fiber produced papers. Crops must be of short

rotation (less than ten years) cropping system

required. Examples under consideration include

papers which have as their raw materials

source:

• Kenaf

• Other short term fibers

Because they are mature markets, rag and linen

papers are not suggested for consideration.

Category 7: Solvents/Cleaners/Surfactants

Within this category examples of products

under consideration for listing include:

• Citrus based cleaners

• Soy-based cleaners and degreasers

• Soy-based solvents

• Soy-based paint strippers and graffiti

removers

• Soy-based adhesive removers

• Pesticide adjuvants and surfactants

• Dormant oil sprays for disease and insect

control

• Other plant oil based solvents and cleaners

Category 8: Plant based plastics /Degradable 

polymers/films

Within this category examples under consideration for listing include:

• Plant starch compostable cutlery

• Polylactic acid (PLA) compostable cutlery

• Paper plates coated with starch

• Protein derivatives or PLA (compostable)

• Plant protein used to make films and

biodegradable bags

• Loose fill packing peanuts from starch or

other natural plant materials

• Flexible polyurethane foams made with soybean oil based polyols (molded cushions and

pads for furniture, automotive seats, dashboards, etc.)

• Resilient polyurethane components made

with soybean oil based polyols (molded cases

and covers for appliances, telephones, computers, etc.)

• Rigid insulating foams made from soy proteins (insulation for refrigerators, freezers,

coolers, appliances)

Category 9: Landscaping products

Within this category a number of landscape

materials are produced by composting green

wastes. Some biobased materials, when used as

absorbents, can also bioremediate hydrocarbons. Examples under consideration for listing

include:

• Potting soil

• Soil amendments

• Protein-based mulching films

Category 10: Biocontrol/Bioremediation 

Media

Within this category are products which contain

microbes which prevent plant diseases thus

reducing or eliminating the need for chemical

pesticides. Bioremediation products may also be

used to simultaneously remove or separate toxic

or hazardous substances from soil or surface

water while promoting the development of

native microbe populations to hasten biodegradation of residual amounts of hazardous substances. Examples under consideration for listing include:

• Biocontrol potting mix

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Appendix L
Appendix L

• Cotton linters

• Oil spill clean-up materials

Category 11: New fibers/Filler/Yarn/Insulation

Within this category several new fibers, or fibers

which were once common in the U.S., are under

development or redevelopment. Examples

under consideration for listing include:

• Kenaf (used as absorbent, paper, and clothes)

• Flax (clothes)

• Ramie (clothes)

• Low grade wool

• Low grade cotton

• Milkweed (yarn, pillow filler, oil)

• Plant lignin as adhesives

Category 12: Enzymes/Intermediate Chemicals

Enzymes are sometimes referred to as biocatalysts. They can be used to accelerate a broad

range of chemical reactions, which occur in

everyday life and are used in production of a

variety of materials. Agriculturally-based

enzymes and chemicals are found in such products as pharmaceuticals, detergents, cleaning

agents, cotton textile surface treatments, personal care products, and microbial agents. The committee had difficulty with this category. While

we realize these are important manufacturing

processes and utilize agricultural raw materials,

we felt there was a need to directly link the use

of an agricultural enzyme/chemical to a commercial product which would be available for

purchase by Federal procurement officials,

because that is the primary focus of this notice.

Thus, we have only mentioned broad product

categories. We seek public comment to decide

what individual products should be listed

under this category. We also seek public comments as to whether or not this should even be

a category at all.

Category 13: Other

Cosmetics: Vegetable oils and small molecule

plant starches are one of the raw ingredients in

a number of cosmetic applications.

Pharmaceuticals/nutraceuticals: Bioactive compounds and complexes are being extracted from

plant materials for prevention and treatment of

diseases.

Products No Longer Under Consideration: No

entries at this time.

Products That USDA Has Decided Not To

Designate: The committee has made the determination to focus on commercial and industrial

products and to avoid mature products, be they

product areas or products themselves. The committee does not foresee a need to designate

products such as cotton fabrics or dimensional

lumber presently in the commercial marketplace. Composite lumber, which utilizes low

value woods or other fiber waste and is made

using environmentally friendly glues and

processes, would be considered however.

Products must be produced from renewable and

sustainable resources. Our emphasis is on

biobased organic products, not natural or organic. Thus, mined products are generally not

under consideration. Petroleum-based products

are generally not under consideration unless the

end product is distinguished by the incorporation of renewable biobased materials.

VIII. Questions and Answers

What is the Biobased Products Coordination

Council (BPCC)?

The BPCC was established by virtue of a

Decision Memorandum signed by the Secretary

of Agriculture on September 13, 1995. The

Council is chaired by the USDA Under

Secretary for Research, Education, and

Economics. The Council promotes commercial

and industrial biobased product research, development, and commercialization through information sharing, implementation of strategic

planning, and provision of policy advice to the

Secretary. Ten USDA agencies are members of

178
the Council and include: Forest Service,

Agricultural Research Service, Cooperative State

Research, Education, and Extension Service,

Office of Energy Policy and New Uses,

Alternative Agricultural Research and

Commercialization Corporation, Foreign

Agricultural Service, Natural Resources

Conservation Service, Agricultural Marketing

Service, Rural Business-Cooperative Service,

and the Office of the Assistant Secretary for

Administration.

Why Are Biobased Products Environmentally

Preferable?

Because of their carbohydrate chemistry,

biobased products are believed, within USDA,

to be generally preferable to those made from

hydrocarbons. However, not all biobased products are environmentally preferable. For the

purposes of E.O. 13101, USDA is listing only

those products which are considered by USDA

to be within the U.S. Environmental Protection

Agency (EPA) Environmentally Preferable

Products Guidelines.

Should the Biobased Product List Contain Only

Products That Are Commercially Available, or

Should Products Now in the Research Stage

Also Be Included? Is the Product Available

Only in a Limited Geographic Area?

The committee unanimously agreed that generally only those products in commercial production and generally available nationally should

be included. However, geographic exceptions

can be considered. For instance, landscaping

materials are usually produced and consumed

regionally since it is not economical to transport

such materials over long distances. Starch-based

packing peanuts are another example. Both

these products should be used near the point of

production. In some instances, a company may

be national in scope but have regional operations to address transportation and other economic issues.

Should There Be a Minimum Percentage of

Biobased Materials in the Products Suggested

for Listing?

Since the biobased products cover a wide range

of industries, it was felt no one percentage

could be fairly applied across the board.

Instead, the committee agreed that each category of products could have their own percentage

requirements by weight or volume based on

what the committee could learn about that category. The committee does believe that the products should contain the largest percentage of

biobased raw materials possible. Persons commenting on this notice are encouraged to

address the percentage issue.

What About One Biobased Product Replacing

Another?

In its deliberations, the committee considered

the possibility of one biobased material displacing another biobased material as feedstock,

thereby resulting in no net reduction in materials available. We also discussed whether the

diversion of biobased materials from one product to another could possibly create shortages in

feedstocks for one or both products; and the

ability of manufacturers to obtain biobased

materials in sufficient quantity to produce the

product under consideration. The committee

believes the likelihood of these displacements

happening is not great, and that it is more

important, at this juncture, to stimulate the production of biobased products. If substitution

occurs at some future date, USDA will consider

developing guidelines to deal with the situation.

Will Products Be Listed by Company Name?

One of the issues considered was whether or

not to list products by manufacturer name and

address in the initial notice. The committee

believes it was prudent to first get full public

comment on the guidelines, categories, criteria

and methodology (process) before proceeding to

list products by manufacturers. It is the intent of

the USDA to incorporate these public comments

into a notice 60 days after the publication of this

request for comment. That notice will call for

the submission of information from companies

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Appendix L

which have products they believe will fit the

defined criteria. A document (BPAN) listing

products by company name, address, phone

numbers, and sales contact information will be

produced in the future after all interested parties have had a reasonable opportunity to submit their information for listing. Those submissions will be evaluated by a team of technical

experts and published in a separate document

and will also be available on a web site to be

created at a later date.

IX. Appendix

1. Biobased Products Coordination 

Council

Biobased products from agricultural and

forestry resources provide renewable raw materials for the processing and manufacturing of a

broad range of nonfood and nonfeed products,

such as chemicals, fibers, construction materials,

and energy sources. Development and commercialization of such products provide new and

expanded markets, accelerate successful market

penetration, and diversify agriculture while fostering rural and sustainable development.

The Biobased Products Coordination Council,

established by the Secretary of Agriculture, is

chaired by the USDA Under Secretary for

Research, Education, and Economics. The

Council promotes biobased industrial product

research, development, and commercialization

through information sharing, implementation of

strategic planning, and provision of policy

advice to the Secretary. Currently ten USDA

agencies are members of the Council.

The activities of these agencies in the area of

biobased industrial products are described as

follows:

Forest Service

The Forest Service (FS) has Federal responsibility for national leadership in forestry and

forestry-related issues. Through its research

arm, the FS develops and communicates scientific and technological information to protect,

manage, and use the Nation’s 1.6 billion acres of

forest and related rangeland.

The FS Resource Valuation and Use Research

program and Cooperative Forestry program

develop and provide scientific and technological

information to support the harvesting, production, and use of wood products in ways that are

efficient, safe, and environmentally beneficial.

Specific areas of development include improved

wooden transportation systems; fiber-reinforced

cement products; uses for waste wood and plastics (ranging from very inexpensive, low-performance composites to expensive, high-performance building materials); housing components

and systems made from recycled wood waste

and wastepaper; and novel enzymes used to

treat virgin and recycled wood fibers in the production of a variety of chemicals.

Agricultural Research Service

As the in-house research arm of USDA, the

Agricultural Research Service (ARS) develops

new knowledge and technology needed to solve

a broad range of technical and agricultural

problems of high national priority. ARS aims to

ensure adequate production of high-quality

food and agricultural products to meet the

nutritional needs of the American consumer, to

sustain a viable food and agricultural economy,

and to maintain a quality environment and natural resource base.

Biobased industrial product research and development focuses on areas such as chemicals and

industrial products from crops, cattle, and animal fats; starch-based biodegradable plastics;

polysaccharide encapsulating agents; and new

products from soybean oil, which are useful as

additives to lubricants, fuels, and plastics, as

surface coatings; and as inks for the printing

industry. Additional areas include development

of ion exchange resins based on agricultural

residues, cotton-based fabrics with versatile

new and improved properties, and fiber crops

for specialized uses.

Cooperative State Research, Education, and

180
Extension Service

The Cooperative State Research, Education, and

Extension Service (CSREES), USDA’s principal

link to academia, participates in a nationwide

agricultural research planning and coordination

system that includes State land-grant universities and the agricultural industry. CSREES

advances research and development in new

uses for industrial crops and products through

its Agricultural Materials program, National

Research Initiative, Small Business Innovation

Research program, and other activities.

Areas of interest include paints and coatings

from new crops such as vernonia, euphorbia,

and lesquerella; fuels and lubricants from soybeans, crambe, rapeseed, and canola; fiber products from kenaf and hesperaloe; natural rubber

from guayule; and biobased polymers from vegetable oils and starches.

Office of Energy Policy and New Uses

The Office of Energy Policy and New Uses provides leadership, oversight, coordination, and

evaluation for all USDA energy and energyrelated activities with the exception of those delegated to the USDA Assistant Secretary for

Administration. The Office analyzes existing

and proposed energy policies, strategies, and

regulation concerning or potentially affecting

agriculture or rural America. It also evaluates

the feasibility of new uses for agricultural products.

In collaboration with the U.S. Department of

Energy and the U.S. Environmental Protection

Agency, projects have focused on technologies

that convert plant cellulose and hemicellulose

into ethanol and electricity production using

direct combustion or gasification technologies.

Alternative Agricultural Research and

Commercialization Corporation

Created by Congress as part of the Farm Bill in

1990, the Alternative Agricultural Research and

Commercialization Corporation (AARC) is a

USDA agency that makes equity investments to

commercialize industrial products from agricultural and forestry materials and animal byproducts. This activity complements the work of

USDA’s research agencies. AARC policy and

program direction is provided by a nine-person

Board of Directors—eight of whom are nonFederal—representing processing, financial, producer, and scientific interests.

Development and commercialization projects

include vegetable oil lubricants for engines and

transmissions; building materials made from

wheat straw; cleaners and biodiesel fuel made

from vegetable oil; a lightweight, high-strength

molded fiber panel made from waste wood and

kenaf; windshield washer solvent using ethanol

made from corn; oil spill absorbents made from

natural fibers; and a nontoxic biodegradable

concrete release agent.

Foreign Agricultural Service

The Foreign Agricultural Service (FAS) maintains 75 overseas posts with the overall goal of

supporting U.S. exports of agricultural, forest,

and fish products. This is accomplished by

reducing trade barriers, collecting and disseminating global trade and market information; and

developing markets through the use of promotion, loan guarantees, food aid, and economic

development activities.

FAS works through private industry to identify

overseas markets for new products, promote

exports of such products, and research and

develop new products. FAS supports these

activities through the Market Access Program,

the Foreign Market Development Program, and

scientific exchanges sponsored by the

International Cooperation and Development

program.

Natural Resources Conservation Service

The Natural Resources Conservation Service

(NRCS) has national responsibility for helping

farmers, ranchers, and other private landowners

develop and implement voluntary efforts to

conserve and protect our Nation’s natural

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Appendix L
Appendix L

resources. Key NRCS programs provide technical assistance to land users and local government to sustain agricultural productivity while

protecting and enhancing the natural resource

base.

Activities emphasize reduction of soil erosion;

improvements in soil and water quantity and

quality; wetland conservation and improvement; enhancement of fish and wildlife habitat;

improvements in air quality; improvements in

the conditions of pastures and rangelands;

reduction in upstream flooding; and improved

woodlands.

Agricultural Marketing Service

The mission of the Agricultural Marketing

Service (AMS) is to facilitate the strategic marketing of agricultural products in domestic and

international markets while ensuring fair trading practices and promoting a competitive, efficient marketing system. Working with other

government agencies, and the public, AMS

establishes grades and standards for a wide

array of agricultural commodities and products

and provides grading and classing services to

certify the quality or condition of products in

marketing channels.

AMS provides oversight of federally sanctioned

marketing orders and agreements and industry

wide market research and promotion programs.

In addition, the agency administers certain pesticide reporting requirements, compiles data

concerning pesticide residues on certain products, and conducts or administers research and

technical assistance programs to improve the

efficiency of the marketing and transportation

system and to identify new or expanding market opportunities for U.S. farmers and agribusiness.

Rural Business-Cooperative Service

The Rural Business-Cooperative Service promotes economic development in rural communities by financing needed facilities, assisting

business development and rural cooperatives,

and planning national strategies for rural economic development.

Office of the Assistant Secretary for

Administration

The USDA Assistant Secretary for

Administration provides leadership and oversight in acquisition, asset management, civil

rights, internal energy conservation, and recycling. As the USDA Energy Management

Executive and the Environmental Executive

(dual assignment with the Under Secretary for

Research, Education and Economics), the

Deputy Assistant Secretary has responsibility

for coordinating environmentally preferable and

energy-efficient initiatives and serves as an

advocate for coordination of these initiatives in

USDA facilities and programs across the country.

2. Other Resources

Agricultural Research, Extension, and

Education Reform Act of 1998, Sec. 404 (7 U.S.C.

7624), provides authority to increase and coordinate biobased product activities in USDA.

Sustainable America, A New Consensus for

Prosperity, Opportunity, and a Healthy

Environment for the Future, President’s Council

on Sustainable Development, Washington, D.C.,

186 pp., 1996. Contains a national action strategy for sustainable development which includes

actions to: (1) Diversify the mix of agricultural

goods produced to enhance profitability and

environmental quality; and (2) promote ongoing

efforts to achieve sustainable forest management.

Strategic Direction for Biobased Products Work

in USDA Through the Biobased Products

Coordination Council (BPCC ), BPCC,

Washington, DC, 16 pp, 1999. A plan to carry

out programs to increase the domestic research,

development and commercialization of

biobased industrial and commercial products.

Executive Order 13101, Greening the

Government Through Waste Prevention,

182
Recycling, and Federal Acquisition, 63 FR

49643, Washington, D.C., September 16, 1998.

Establishes guidelines and policy for each executive agency to increase and expand markets for

recovered materials to create Federal

Government preference and demands for such

products.

The National Research Council, Biobased

Industrial Products, National Academy Press,

Washington D.C. (In Press). Provides an analysis of the potential benefits of encouraging a

transition to more biobased industrial products

through future public policies. Biological sciences are likely to make the same impact on the

formation of new industries in the next century

as the physical and chemical sciences have had

on industrial development throughout the century now coming to a close. The biological sciences, when combined with recent and future

advances in process engineering, can become

the foundation for producing a wide variety of

industrial products from renewable plant

resources. These ``biobased industrial products’’

will include fuels, chemicals, lubricants, plastics,

and building materials. * * * The long-term

growth of biobased industrial products will

depend on development of cost-competitive

technologies and access to diverse markets.

1995 Federal Research and Development

Program in Materials Science and Technology,

The Materials Technology Subcommittee of the

National Science and Technology Council,

Gaithersburg, MD, 1995. This report describes

the materials R&D programs of nine Federal

departments and agencies to facilitate collaboration among the public and private sector members of the broad materials R&D community.

Plant/Crop-Based Renewable Resources 2020

Program—A Vision to Enhance U.S. Economic

Security Through Renewable Plant/Crop-Based

Resource Use, Department of Energy,

Washington, D.C., 1998. Develops a program to

provide continued economic growth, healthy

standards of living, and strong national security

through the development of plant/crop-based

renewable resources as a viable alternative to

diminishing fossil feedstocks for biobased products.

Agenda 2020-A Technology Vision and Research

Agenda for America’s Forest, Wood and Paper

Industry, American Forest and Paper

Association, Washington, D.C., 1994. Develops a

long-term strategy for sustainability of forest

products by increasingly leveraging the virgin

raw material with material recovery and recycling.

Vision for Agricultural Research and

Development in the 21st Century, National

Agriculture Biotechnology Council, Ithaca, NY

1998. Supports agricultural research and development to take the lead in providing technology

for a biobased economy in the 21st century.

Done at Washington, D.C., on this 10th day of

August, 1999.

I. Miley Gonzalez,

Under Secretary, Research, Education and

Extension.

[FR Doc. 99-21103 Filed 8-12-99; 8:45 am]

BILLING CODE 3410-01-P

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Appendix L
Table of Contents

I. Introduction

II. Intended Audience of This Guidance

III. Overall Approach for Implementing Executive Order 13101

IV. Guiding Principles

V. Executive Agency Implementation

VI. List of Resources

A. EPP Web Site 

B. Federal Case Studies of Environmentally Preferable Purchasing

C. Life Cycle-Based Resources

D. Agency Environmental Catalogs

E. Federal Trade Commission’s Guides on the Use of Environmental Marketing Claims

F. Office of Federal Environmental Executive Web site

G. Other Resources and Tools

VII. Appendices

Appendix A Glossary of Terms

Appendix B Environmental Attributes

(1) Menu of Environmental Attributes

(2) Definitions for Environmental Attributes

Appendix C Sample EPP Policy Directive

Appendix D Text of Policy Letter on Use of Non-Governmental Entities Issued By the Office 

of Federal Environmental Executive and U.S. Environmental Protection Agency, 

April 1998

Appendix E Pilot Project Case Study Template

184

GREENING THE GOVERNMENT

CLOSING THE CIRCLE

Appendix M

Final Guidance on Environmentally

Preferable Purchasing
I. Introduction 

On September 14, 1998, President Clinton

signed Executive Order (EO) 13101, entitled

“Greening the Government through Waste

Prevention, Recycling and Federal Acquisition.”

Executive Order 13101 (EO 13101) supersedes

EO 12873, Federal Acquisition, Recycling and

Waste Prevention, issued on October 20, 1993,

but retains a similar requirement for the U.S.

Environmental Protection Agency (EPA) to

develop guidance to “address environmentally

preferable purchasing.” (Section 503, EO 13101)

The Final Guidance that follows is based on

EPA’s September 1995 Proposed Guidance on

the Acquisition of Environmentally Preferable

Products and Services (60 FR 50721, September

29, 1995) and comments received on that

Proposed Guidance as well as lessons learned

from pilot projects conducted to date.

The Final Guidance below is designed to help

Executive agencies meet their obligations under

EO 13101 to identify and purchase environmentally preferable products and services. Section

503 (c) of EO 13101 directs Executive agencies to

“use the principles and concepts in the EPA

Guidance on Acquisition of Environmentally

Preferable Products and Services, in addition to

the lessons from the pilot and demonstration

projects to the maximum extent practicable, in

identifying and purchasing environmentally

preferable products and services” and “modify

their procurement programs as appropriate.”

Furthermore, Section 23.704 of the Federal

Acquisition Regulation requires agencies to

“affirmatively implement” the objective of

“obtaining products and services considered to

be environmentally preferable (based on EPAissued guidance).” 

“Environmentally preferable” is defined in

Section 201 of EO 13101 to mean products or

services that “have a lesser or reduced effect on

human health and the environment when compared with competing products or services that

serve the same purpose. This comparison may

consider raw materials acquisition, production,

manufacturing, packaging, distribution, reuse,

operation, maintenance or disposal of the product or service.” 

Implementation of the Final Guidance will draw

on the procurement experience of the Executive

agencies and on the environmental expertise of

EPA and other organizations both within and

outside of the Federal government. This guidance provides a broad framework of issues to

consider in environmentally preferable purchasing and will help Executive agencies systematically integrate environmental preferability principles into their buying decisions. 

The guidance is not, however, a step-by-step,

“how to” guide and it is not intended to answer

many of the specific questions that might arise

in the acquisition of a particular product category or service. The list of resources in Section VI

provides more specific guidance and information about various product and service categories, environmental attributes that have been

identified for them, and the approaches used to

consider those attributes in acquisition decisions. For the latest information on other

resources and tools under development,

Executive agency personnel and others are

directed to EPA’s Environmentally Preferable

Purchasing Program Web site at:

www.epa.gov/opptintr/epp.

The Final Guidance strives to meet the National

Performance Review and procurement reform

goals of simplifying and streamlining Federal

purchasing while recognizing that the definition

of “environmentally preferable” will likely

require the consideration of different environmental factors as appropriate for different situations. In sum, the guidance:

• Applies to all acquisition types, from supplies

and services to buildings and systems.

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Guidance on Environmentally Preferable Purchasing
• Provides a set of guiding principles.

• Requests Executive agencies to select and

implement pilot acquisitions or demonstration projects.

• Provides a framework for Executive agencies

to implement the environmentally preferable

purchasing provisions of EO13101. 

II. Intended Audience for the Guidance

The target audience of this guidance includes all

Executive agency employees involved in the

acquisition of supplies, services, systems,

and/or facilities. The general guidance and the

information generated by the pilot projects also

will be useful to Executive agency employees

who request, maintain, or use the supplies, services, systems and facilities. In addition, both

the general guidance and the pilot project information should provide pragmatic direction for

private sector businesses who wish to manufacture, market, or provide environmentally preferable products and services for use by the

Federal government.

III. Overall Approach for Implementing 

Executive Order 13101

Section 503 of EO 13101 has two key components: (1) development of this guidance; and (2)

implementation of the guidance through pilot

and demonstration projects. This guidance

sets a broad policy framework for implementing

environmentally preferable purchasing within

the context of Federal government. For the second component, Section 503 (b) of the EO states

“[A]gencies are encouraged to immediately test

and evaluate the principles and concepts contained in the EPA’s Guidance...through pilot

projects...”. These pilots may be undertaken

using the in-house expertise of EPA and other

Executive agencies, as well as the technical

expertise of nongovernmental entities, including, but not limited to, voluntary consensus

standards bodies (see §12(d) of the National

Technology Transfer and Advancement Act

(Pub. L. 104-113, §12(d), 15 U.S.C. 272 note),

environmental standard setting organizations,

third party certification programs, environmental labeling or environmental “report card” programs, and other environmental consulting

organizations. Section V of this Final Guidance

provides more detail about how these pilot projects might work. These pilots are expected to

yield more specific and practical information

about applying this Final Guidance to purchases

of particular products and services.

In addition to promoting environmentally

preferable purchasing, EO 13101 encourages

Executive agencies to purchase biobased products. (Section 504 (b)). Under the EO, “biobased

product” means “a commercial or industrial

product (other than food or feed) that utilizes

biological products or renewable domestic agricultural (plant, animal and marine) or forestry

materials.”

Biobased products may also be environmentally

preferable. Made from renewable resources by

definition, these products have many positive

environmental aspects and should be considered by agencies looking to make environmentally preferable purchases. However, Federal

purchasers should not assume all biobased

products are automatically environmentally

preferable. As with other products, Executive

agencies should consider a range of environmental impacts associated with biobased products when making purchasing decisions. In

some cases, factors such as pesticide use or high

water consumption might make a biobased

product less environmentally preferable. The

list of biobased products which the U.S.

Department of Agriculture will issue under

Section 504 of EO 13101 will be a good starting

point for Executive agencies looking to identify

environmentally preferable purchasing.

During the development of pilots under Section

503 (b) of the EO, EPA will look for opportunities involving biobased products.

IV. Guiding Principles 

EPA has developed five guiding principles to

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Appendix M
provide broad guidance for applying environmentally preferable purchasing in the Federal

government setting. Applicability of these principles in specific acquisitions will vary depending on a variety of factors, such as: the type and

complexity of the product or service being purchased; whether or not the product or service is

commercially-available; the type of procurement

method used (e.g., negotiated contract, sealed

bid, etc.); the time frame for the requirement;

and the dollar amount of the requirement. 

In all acquisitions, Executive agency personnel

use their professional judgement and common

sense, whether assessing a product or service’s

performance, cost, or availability. Similarly, in

applying these environmentally preferable principles Executive agency personnel should use

reasonable discretion about the level of analysis

needed to determine environmental preferability. For example, an extensive life cycle assessment might not be conducted to purchase rubber bands. On the other hand, for large-volume

or systems acquisitions, or for complex products, such assessments may be appropriate, and

might already be required. Or, in some cases,

much of the information upon which to build

such an analysis might have already been collected.

Guiding Principle 1:

Environment + Price + Performance =

Environmentally Preferable Purchasing

Environmental considerations should become part of

normal purchasing practice, consistent with such

traditional factors as product safety, price, performance, and availability.

The manufacture, use, and disposal of certain

products might have adverse impacts on human

health and the environment. These impacts

impose costs that the purchasing entity, and

ultimately, society as a whole, end up paying for

in one way or another. For the Federal government, the hazardous or toxic nature of a product

or service can result in significant cleanup or liability costs, as well as in less directly quantifiable, but cumulative and persistent environmental damage. Even non-hazardous waste is

associated with ever-increasing disposal costs

that can be avoided or reduced. Responsible

management, beginning with the initial purchase of products and services that minimize

environmental burdens, can diminish the

Federal government’s raw material, operating,

maintenance, and disposal costs. In addition, a

product or service’s environmental preferability

can often have positive impacts on its overall

performance.

For these reasons, the Federal government’s

purchasing decisions are no longer confined to

considerations of price and functional performance but should include considerations of

environmental performance as well. Today

agencies can obtain improved environmental

attributes not at the expense of, but instead may

operate in concert with, other traditional factors

like price and functional performance. Those

product or service providers who can optimize

all these factors will capture and maintain the

largest market-share of government customers.

Just like price, performance, and health and

safety, environmental factors should be a subject

of competition among vendors seeking government contracts. In turn, this increased competition among vendors should stimulate continuous environmental improvement and increase

the availability of environmentally preferable

products and services. The purpose of this

guidance is to encourage Executive agencies to

award contracts to companies that take environmental concerns into account. This process,

consequently, will lead to the development of

environmentally preferable products and services that perform better and cost less because

they reduce waste and negative environmental

impacts. As stated, this principle reflects the

spirit of a number of reinvention initiatives at

EPA and across the Federal government aimed

at testing cleaner, cheaper, and smarter

approaches to environmental protection.

Agencies have considerable discretion in incor187

Appendix M
porating environmental preferability into procurement decisions, especially within the context of “best value” contracting. For example,

environmental considerations that result in payment of a price premium for goods or services

may be reasonably related to an agency’s definition of its “minimum needs” and, therefore,

may be permissible. This is not much different

than paying a higher price for better performance or quality. Federal personnel may consider paying a reasonable premium for environmentally preferable products on a number of

grounds. For example, a reasonable price premium may be justified because the environmental attributes of a product or service provide offsetting reductions in operating and disposal

costs.

Guiding Principle 2: Pollution Prevention

Consideration of environmental preferability should

begin early in the acquisition process and be rooted

in the ethic of pollution prevention, which strives to

eliminate or reduce, up-front, potential risks to

human health and the environment. 

It is never too early in the acquisition process to

begin considering environmental preferability.

Pollution prevention, the reduction or elimination of waste at the source, can not only reduce

pollution, but it can save money for agencies as

well. Defense and civilian Federal agencies

have ongoing programs for pollution prevention under EO 12856 and other authorities that

can result in cost savings throughout the product or service life cycle. Furthermore, pollution

prevention measures can lead to a higher degree

of environmental protection by reducing subsequent costs for disposal or cleanup of hazardous

wastes and materials. A key reason for environmentally preferable purchasing is to protect the

environment by reducing waste and pollution at

the source with the resulting benefit of reduced

overall cost to the government and the public

(taxpayers and society as a whole). 

Under this guiding principle, pollution prevention should be the primary motivation and

strategy for the Federal government’s implementation of environmentally preferable purchasing. There are many ways to apply pollution prevention to the acquisition process:

a) Customized purchases or projects in which

program managers, architects, engineers, systems designers, or others have input into the

design phase afford agencies an early opportunity to apply environmentally preferable concepts. In addition, early involvement offers

agencies a unique point of leverage from which

to address environmental impacts. Although

these types of purchases are not the bulk of

Federal acquisition requirements, the early stage

of customized product or project design is the

time when decisions about different approaches,

materials, and manufacturing processes are

made. Estimates show that 70 percent or more

of the costs associated with product development, manufacture, and use are determined

during the initial design stages.1 By incorporating environmental factors during product or

service design, Federal agencies can minimize

environmental problems and their associated

costs. For example, early environmental consideration helps agencies avoid potential liabilities

due to fines as well as the costs of record keeping and reporting.

b) During the early stages of acquisition,

Executive agency personnel can also apply a

systems analysis approach for certain products

or services (such as computers, buildings, and

transportation systems) in which a number of

components have interdependent functions. A

systems analysis approach takes into consideration the full set of product elements, focusing on

how they interact from a life cycle perspective

and helping to identify the most efficient

options for meeting the government’s needs.

c) Executive agency personnel might also

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Appendix M

1: U.S. Congress, Office of Technology Assessment, Green products by Design: Choices for a Cleaner Environment, OTA-E-541

(Washington, D.C.:U.S. Government Printing Office, October, 1992)
appropriately ask whether a product or a service is even necessary or can be replaced by a

less damaging process. For instance, in degreasing operations, questions arise as to whether an

efficient cleaner using halogenated solvents is

better or worse for the environment than an

aqueous-based cleaner. A more appropriate

question may be whether the cleaning/degreasing step can be eliminated without affecting the

overall performance of the product or system.

This might be accomplished, for example, by

consolidating cleaning and degreasing in a later

stage of the manufacturing process or changing

the process itself. As this example illustrates,

environmental preferability does not just

involve substituting a “green” product for

another. It also involves questioning whether a

function needs to be performed and how it can

best be performed to minimize negative environmental impacts. 

The Department of Defense integrates pollution

prevention into all of its major weapons system

acquisition programs. For example, the New

Attack Submarine (NSSN) Program has worked

to include environmental considerations in all

phases of the submarine’s life cycle, from initial

design to eventual disposal some 30 or more

years later.

By considering all viable environmental alternatives during the design phase, the NSSN

Program identified a number of options that

will result in benefits. Just a few examples are

listed below:

• A redesigned nuclear reactor core will eliminate the need for refueling and disposal of

spent nuclear fuel, while achieving a multimillion dollar cost avoidance.

• 1 percent reduction in the number of paints

and coatings used in manufacturing the

NSSN while ensuring that all of the selected

paints satisfy applicable performance and

environmental requirements.

• 61 percent reduction in the number of adhesive products to be used on the NSSN compared to the number required for previous

submarine classes.

• 80 percent reduction in the number of solvents and cleaners.

• Research and development effort to identify

and test a biodegradable hydraulic fluid for

submarines to replace the current toxic mineral oil-based fluid.

By recognizing early on that the key to reducing

environmental impact throughout the ship’s life

cycle is pollution prevention and hazardous

material control and management, the NSSN

Program was able to design a submarine that

meets strict safety and performance requirements, achieves significant cost savings, and

minimizes risk to the environment.

Guiding Principle 3:

Life Cycle Perspective/Multiple Attributes

A product or service's environmental preferability is

a function of multiple attributes from a life cycle perspective.

Federal agencies should consider the following

concepts in applying this principle :

a) Life cycle perspective—A product or service has environmental impacts long before and

after the Federal government purchases and

uses it. The manufacture, use, distribution, and

disposal of products create a variety of burdens

on the environment. Federal agencies should

strive to purchase products or services with as

few negative environmental impacts in as many

life cycle stages as possible. In other words,

Federal agencies should determine the “environmental preferability” of a product or service

by comparing the severity of environmental

damage it causes throughout its life cycle with

that caused by competing products—from the

point of raw materials acquisition, product

manufacturing, packaging, and transportation

to its use and ultimate disposal. By doing so,

the Federal government can minimize the overall environmental impacts of products and services. In addition, by actively seeking and con189

Appendix M
sidering life cycle information to inform buying

decisions, Executive agency personnel can send

a clear signal that government business will go

to those who consider the effect of their product’s life cycle on the environment. 

Life Cycle Stages of a Typical Product

Although most people would agree that considering life cycle impacts in purchasing decisions

is desirable, there are disagreements on how to

make purchasing decisions that best reflect a life

cycle perspective. Even the term “life cycle” is

interpreted differently by different people. To

some, it connotes an exhaustive, extremely timeconsuming, and very expensive analysis. To others, a life cycle perspective is possible in an

abbreviated process, in which a long list of

potential environmental attributes and/or

impacts is narrowed to a few, allowing for comparison across a particular product category. In

addition, the ability of Federal purchasers to

make buying decisions from a life cycle perspective depends on a variety of factors including:

the type of product or service being purchased;

the availability of life cycle information and/or

willingness by the provider to give the information; and the availability of easy-to-use tools

that can translate this information to support

purchasing decisions by the Federal government. EPA recognizes that agencies may find it

easier to apply a life cycle perspective when the

result will be internal agency environmental

benefits and/or cost savings rather than external benefits. Nevertheless, EPA encourages

agencies to consider reducing impacts along all

stages of the product or service life cycle. 

This guidance promotes the use of a range of

practices, from life cycle considerations to a

more rigorous, scientifically defensible life cycle

assessment methodology. EPA encourages

Executive agencies to use currently available

tools as well as help refine and address the

needs of Federal purchasers. Examples of

available tools and references are listed in

Section VI. For the most current list of available

tools, Executive agency personnel are referred

to EPA’s EPP Program Web site:

<www.epa.gov/opptintr/epp>. EPA also

encourages experts both within and outside of

the Federal community to develop additional

life cycle tools to support environmental preferability decisions. 

b) Multiple environmental attributes —

Environmental preferability should reflect the

consideration of multiple environmental attributes such as increased energy efficiency,

reduced toxicity, or reduced impacts on fragile

ecosystems. In addition, these attributes should

be considered from a life cycle perspective.

Focusing on one environmental attribute of a

product or a service, without considering others, might inadvertently exclude important

impacts on the determination of environmental

preferability. For example, improving one

attribute (e.g., increased energy efficiency or

reduced toxicity) may result in other unintended environmental life cycle impacts. It is also

possible that focusing on a single aspect of the

product or service will cause Executive agency

personnel to overlook improvements that the

vendor has or can make in other aspects of the

product or service. In short, it is difficult to be

confident that an alternative product is environmentally preferable without some consideration

of multiple attributes from a life cycle perspective. Analytical tools such as life cycle assessment can help Federal agencies ensure the product or service they purchase does not create new

problems for some other aspect of the environment by identifying other potential negative

impacts that should be alleviated.

Although the determination of environmental

preferability should be based on multiple environmental attributes, Federal agencies may at

times make purchasing decisions based on a

single attribute when that attribute distinguishes the product or service in a category. In its

environmentally preferable purchasing effort,

EPA aims to build upon those attributes that are

well-defined, measurable and familiar to

Federal purchasers (e.g., recycled content and

190

Appendix M
energy efficiency). EPA also seeks to support

the development of similar definitions and measures for other attributes that are less understood and to advance consideration of multiple

environmental attributes in purchasing decisions.

The menu of environmental attributes described

in Appendix B offers a preliminary look at what

should be considered in environmentally preferable purchasing decisions. Many of the attributes are relevant to a number of different product

life cycle stages, while others are more pertinent

to one particular stage. The menu should serve

as a means to inform Executive agency personnel about the different types of attributes that

can make a product or service environmentally

preferable. Each and every element in the menu

is not meant to be applicable to all products and

services nor is the menu all-inclusive.

Guiding Principle 4:

Comparison of Environmental Impacts

Determining environmental preferability might

involve comparing environmental impacts. In comparing environmental impacts, Federal agencies

should consider: the reversibility and geographic

scale of the environmental impacts, the degree of difference among competing products or services, and

the overriding importance of protecting human

health.

In determining environmental preferability,

Executive agency personnel might need to compare the various environmental impacts among

competing products or services. For example,

would the reduced energy requirements of one

product be more important than the water pollution reductions associated with the use of a

competing product? The ideal option would be

a product that optimized energy efficiency and

minimized water pollution. When this is not

possible, however, Executive agency personnel

will have to choose between the two attributes.

It is important to consider both the nature of the

environmental impact and the degree of difference among competing products.

There is no widely accepted hierarchy that

ranks the attributes or environmental impacts

that are most important. The following three

factors are intended to help Executive agency

personnel analyze the environmental impacts of

competing products and services and make

decisions about environmental preferability

when faced with trade-offs among environmental attributes. These factors are not listed in

order of importance.

a) Recovery time and geographic scale—

Federal agencies should consider recovery time

and geographic scale in comparing environmental impacts. To what extent is an environmental

impact reversible? An impact is less acceptable

if the recovery time is longer.2 The geographic

scale of the problem and the importance of the

affected ecosystems are also significant. Global

environmental impacts are more significant,

therefore, than ecological stressors that have a

local or regional ecosystem impact.3

The table shown below provides a basic framework for considering the reversibility and geographical scale of environmental impacts and

includes some examples of how certain impacts

might fit into the matrix.

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Appendix M

2 This is based on the findings of the Science Advisory Board, published in its 1990 report entitled "Reducing Risk: Setting Priorities

and Strategies for Environmental Protection," a statement of policy on priority pollutants affecting environmental and public health. In

this report, environmental stressors were judged to be significant based on two primary criteria—the geographic scale and degree of

reversibility of the impact.

The Science Advisory Board is a public advisory group providing extramural scientific information and advice to the Administrator

and other officials of the Environmental Protection Agency. The Board is structured to provide balanced, expert assessment of scientific

matters related to problems facing the Agency.

3 Refer to above footnote.
While some environmental standards or other

sources of comparative information on products

are national or international in scope, Federal

agencies should also be prepared to consider

unique local impacts and site-specific uses.

Information based on an assessment of national

or global needs, by its nature, rarely allows for

the consideration of local impacts associated

with how products are used, recycled, and/or

discarded. Executive agency personnel are

encouraged to consider local factors, where they

are relevant, and not rely exclusively on national or global information. For example,

although it may be generally accepted that an

aqueous-based degreaser is preferred over a

halogenated solvent degreaser, the environmentally preferable purchasing decision may

depend on whether there is sufficient local

wastewater treatment capacity to deal with the

aqueous waste.

There may be rare occasions where the goal of

minimizing a local impact, such as smog, is in

conflict with the goal of minimizing a global

impact, such as ozone depletion and global climate change. In these instances, EPA encourages purchasers to engage as much as possible

in applying Principle #2 and aiming to prevent

pollution, thereby avoiding such trade-offs.

Where there are unique local circumstances, the

purchaser can make the judgment that the local

conditions and impacts should be given priority.

192

Appendix M
Appendix M

193

b) Differences among competing products—

In some situations, a purchaser may determine

preferability by looking at the differences of

environmental performance among competing

products, rather than by comparing environmental problems. Guiding Principle 3 addresses the importance of identifying relevant attributes for a product. There might be significant

differences among competing products for some

of these attributes, while for others, the differences could be minimal. In purchase comparisons, Executive agencies might prefer the

product or service that provides a significant

improvement over competing products, without

making a determination that one environmental

problem is more significant than another. For

example, a product that significantly reduces

toxicity might be preferable to one that makes a

minimal reduction in waste reduction. 

c) Human health—A product or a service

should be at least equivalent to comparable

products/services in protecting human health to

be considered environmentally preferable.

EPA’s Science Advisory Board listed the environmental factors listed to the right as significant contributors to human health risks.

Ecological Priority Impacts Matrix

Reversibility

Years Decades Centuries/

Indefinite

Geographic

Scale

Local/Regional • Erosion

• Conventional 

Pollutants

National • Hazardous 

Air Pollutants

• Chemical 

Releases

• Bioaccumulative 

Pollutants

Global • Loss of 

biodiversity

• Ozone 

Depleting 

Chemicals

• Global 

Warming Gases

This matrix provides a few examples of how certain environmental stressors and impacts might fall into the different categories of

reversibility and geographic scale considerations and is not meant to be comprehensive.
EPA recognizes that Executive agencies considering these three factors ( recovery time and

geographic scale; differences among products;

and human health) must rely on providers of

products and services to supply practical environmental information on products. EPA

encourages organizations that provide environmental standards or other types of comparative

product information to consider these factors in

evaluating and reporting environmental information for purchasers.

Guiding Principle 5:

Environmental Performance Information

Comprehensive, accurate, and meaningful information about the environmental performance of products or services is necessary in order to determine

environmental preferability. 

a) Importance of Environmental Information —

Executive agency personnel will need comprehensive, accurate and meaningful life cyclebased information about the environmental

characteristics of products and services in order

to evaluate whether one product or service is

more or less damaging than another. Even with

this thorough information, however, making

these evaluations can be difficult. Yet, without

such information, determinations of environmental preferability are even more challenging.

Executive agency personnel are encouraged to

seek, and product and service providers are

encouraged to provide, life cycle-based information about the environmental performance of

products and services. This information should

be sought and provided in all appropriate

stages of the acquisition process including, but

not limited to market surveys, request for proposals, etc. (See Federal Acquisition

Regulation, (FAR) 48 C.F.R. Subpart 23.7, which

includes a mandate for the acquisition of environmentally preferable and energy-efficient

products and services.

Executive agency purchasers may encourage

product and service providers to describe their

product or service’s performance according to

the menu of environmental attributes included

in Appendix B (1). 

Product and service providers’ disclosure of

environmental information about their products

and services will also foster competition and

encourage a market-driven approach to environmental improvement. The accessibility of

the information to the public (both Executive

agency personnel and the general public) will

help ensure its accuracy and credibility.

b) What/How Information is Conveyed — A

number of resources about the environmental

performance of products or services are currently available. Two general categories of information sources can be distinguished: (1) manufacturers who provide environmental information

(e.g., environmental claims, product profiles,

etc.) about their products either on the label or

through product literature, including advertisements; and (2) environmental information compiled, evaluated, and reported by non-governmental entities. Included in this second category are third-party certification programs that

evaluate the environmental aspects of products

and award symbols (e.g., “seals-of-approval”)

or compile “report cards” of environmental

information. Non-governmental entities may

also verify specific claims made by manufacturers (e.g., paper contains 30 percent recycled content). 

Information conveyed through claims and seals

can help Executive agency personnel identify

Appendix M

194

List of High Priority 

Human Health Stressors

(not in any order of importance):

Ambient air pollutants

Hazardous air pollutants

Indoor air pollution

Occupational exposure to chemicals

Bioaccumulative pollutants
environmentally preferable products, depending on the types of products being purchased

and the legal acquisition requirements involved.

A more detailed discussion of how Executive

agencies can use technical expertise and

research of non-governmental entities in their

environmentally preferable purchasing practices

is included in Section V and Appendix D. In

evaluating the environmental attribute claims

made by anyone, whether they are manufacturers, vendors, or other non-governmental entities, Executive agency personnel should refer to

the Federal Trade Commission’s (FTC’s)

“Guides for the Use of Environmental

Marketing Terms.” (Green Guides.) 

V. Executive Agency Implementation 

This section recommends steps that each agency

can take to implement the environmentally

preferable purchasing provisions of EO 13101. 

A. Policy directive and affirmative 

procurement plans 

Recognizing that effective implementation of

environmentally preferable purchasing will

require clear direction and support from the top

levels of each agency, this Final Guidance recommends that each Executive agency issue a

Policy Directive promoting the practice. A sample is included in Appendix C. The policy

directive should include the elements listed

below: 

An overall statement of policy:

• Agency personnel should seek to reduce the

environmental damages associated with their

purchases by increasing their acquisition of

environmentally preferable products and services to the extent feasible, consistent with

price, performance, availability, and safety

considerations. 

• Environmental factors should be taken into

account as early as possible in the acquisition

planning and decision-making process. (See

EO 13101, Section 401.)

• Responsibility for environmentally preferable

purchasing should be shared among the program, acquisition, and procurement personnel.

A commitment to the following:

• Increasing the acquisition of environmentally

preferable products and services. (See EO

13101, Sections 102, 503 (c), and 602.)

Under section 6002 of the Resource

Conservation and Recovery Act of 1976 and

FAR Subpart 23.4, procuring agencies are

required to establish affirmative procurement

programs for purchasing EPA-designated

recycled products. EPA recommends that

agencies expand the scope of their affirmative

procurement programs to include environmentally preferable products and services.

EO 13101, Section 302 (a)(1)(a) calls for a

Strategic Plan to include the “direction and

initiatives for acquisition of recycled and

recyclable products and environmentally

preferable products and services.”

Furthermore, Section 302 (b) (1) requires

Agency Environmental Executives to “translate [this] Government-wide Strategic Plan

into specific agency and service plans.” 

• Identifying and implementing pilot projects

(See Section V (B) below).

• Establishing internal agency incentive and

award programs to recognize those people,

teams, and interagency work groups who are

most successful at promoting the purchase of

environmentally preferable purchasing (see

Executive Order 13101, Section 802).

Collaboration among agencies to provide

education and training is highly encouraged.

In order to minimize the burden on Executive

agencies, EPA recommends that each agency

incorporate in its Policy Directive to promote

environmentally preferable purchasing into its

Affirmative Procurement and Strategic Plans.

This incorporation can transpire as agencies

revise their plans. Agencies should ensure that

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Appendix M
their Policy Directive is made available to the

field-level procurement and environmental personnel. 

B. Pilot Projects 

Section 503 (b) of EO 13101 states “[A]gencies

are encouraged to immediately test and evaluate the principles and concepts contained in the

EPA’s Guidance on the Acquisition of

Environmentally Preferable Products and

Services through pilot projects to provide practical information to the EPA for further updating

of the guidance.” Furthermore, Section 704

states “Each executive agency shall establish a

model demonstration program. . . to demonstrate and test new and innovative approaches

such as incorporating environmentally preferable...products....” into model facility programs.

To help Executive agencies implement these

provisions of the EO, this Final Guidance

includes some suggested steps for initiating and

implementing pilot acquisitions.

The suggestions that follow are based on

lessons from early pilots undertaken by the

General Services Administration and the

Department of Defense in partnership with

EPA. Case studies from these and other pilot

projects are available from the Pollution

Prevention Information Clearinghouse 

(202 260-1023) or they can be accessed through

EPA’s EPP Program Web site: <www.epa.gov/

opptintr/epp>. 

Additional pilot acquisitions will be important

testing grounds for applying the guiding principles and testing their applicability. The pilots

will also provide valuable information for the

development of tools and resources to facilitate

widespread adoption of environmentally preferable purchasing practices. 

EPA will track pilots that are planned or already

underway on the EPP Web site, providing a

clearinghouse for information on governmentwide activities related to environmentally

preferable purchasing. (See EO 13101, Section

503 (b)(4).) EPA will disseminate information

about different pilots among the agencies

through the EPP Web site, updates, and fact

sheets to ensure that lessons learned are shared

and used to inform other pilot projects.

The discussion below further describes how

these pilots and demonstration projects might

proceed. EPA encourages Executive agencies to

undertake pilots and use all existing sources of

information and technical expertise to carry

them out. EPA is committed to supporting

these pilots and providing overall coordination

and technical assistance, as resources allow.

1. Selection of pilots. Selection of pilot acquisitions is at the discretion of the individual

Executive agencies. There are at least two

options for how agencies can approach this

selection process. First, an agency may want to

identify an environmental problem that it wants

or needs to address. Once the problem has been

identified, the agency can develop a list of

products and services that contribute to that

specific environmental problem. Alternatively,

an agency may start out with a product or service category for which it wants to find alternatives. In either case, criteria that agencies might

wish to consider in selecting pilot acquisitions

include: 

• Potential for a reduction in risk to human

health and the environment.

• Status on EPA’s prioritized list. Pursuant to

EO 13101, Section 503 (a), and in order to

assist Executive agencies focus their efforts on

minimizing serious environmental impacts,

EPA has developed a prioritized list of the

top 20 product categories. The complete list,

along with a discussion of the methodology

used in its development can be found in

EPA’s EPP Web site at www.epa.gov/

opptintr/epp.

• Existence of less harmful product or service

alternatives. Alternatives could vary anywhere along the product or services’ life

cycle, for example, different ways of manufacturing or disposing. Alternatives might

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Appendix M
also include different ways of getting the

same result, even if it means acquiring a completely different type of product or service.

• Feasibility/degree of flexibility in the 

acquisition. 

• Products or services that are widely used

within the Federal government and are representative or typical of the procurement system. This maximizes the pilot’s potential

value to others by providing lessons about

the effectiveness of the guidance and increasing the likelihood that the pilot could be

replicated. (See EO 13101, Section 503 (b) (1).)

2. Implementation of pilot projects. In

implementing the pilot projects, Executive agencies can look to the process and results of projects others have completed or develop a different approach for environmentally preferable

purchasing. In undertaking the pilots, agencies

are encouraged to:

• Ensure the participation of environmental

and procurement experts.

• Use all of the options available to them to

determine the environmentally preferable

attributes of products and services in their

pilot projects, including the technical expertise of non-governmental entities. This is pursuant to EO 13101, Section 503 (b) (2). More

specific guidance on the use of non-governmental entities is included in Appendix D.

Once a product or service has been chosen,

pilots typically involve:

a) Determining environmentally preferable

products and services. This can be accomplished by Executive agencies:

• Identifying product attributes that can serve

as indicators of environmental preferability.

Agencies can look to Appendix B for a menu

of attributes. Selection of attributes should be

tied to the most significant environmental

problems or impacts.

• Collecting information from product and service providers. This may require the development of contract language to ensure that

vendors provide environmental information. 

With the recent changes to the FAR and the

trend toward best value contracting, agencies

can now more easily consider environmental

factors when making purchasing decisions.

However, environmental information is often

not provided by vendors. Thus, it may be

necessary for Executive agency personnel to

clearly request or require relevant environmental information from vendors in market

surveys and proposals whenever appropriate.

• Evaluating the environmental information.

b) Incorporating results of the environmental

information research into the acquisition

process to purchase environmentally preferable

products and services. While the acquisition

strategy and method are determined by the purchasing agency, EPA asks that agencies select a

strategy that: 

• Maximizes the number of environmentally

preferable product or service choices available to the purchasing agency. 

• Promotes competition across products and

services in terms of environmental performance.

• Stimulates product and service process innovation and continuous improvement.

• Allows for the consideration of local environmental conditions.

• Promotes a definition of environmentally

preferable products and services that can

improve over time.

c) Documenting the pilot effort, including a

description of how the project was initiated

and implemented and the lessons learned. A

sample case study templateis attached in

Appendix E and is also available on EPA’s EPP

Web site. The results of pilot projects will be

shared among Executive agencies through EPA’s

EPP Web site.

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Appendix M
More specific information about pilot implementation will be made available through a

variety of tools that EPA currently is developing

including: an interactive training module; a

“best practices guide” with examples of specific

contract language that have been used by purchasing agencies; and a database of existing

environmental standards that have been developed by governmental and non-governmental

entities.

Section 12(d) of The National Technology

Transfer and Advancement Act of 1995

(NTTAA) (Pub. L. 104-113, §12(d), 15 U.S.C. 272

note) and OMB Circular A-119 (63 FR 8546,

February 19, 1998) direct Federal agencies to use

both domestic and international voluntary consensus standards in lieu of government-unique

standards in their procurement and regulatory

activities, except where it would be inconsistent

with applicable law or otherwise impractical.

The Act’s purpose is to reduce the cost of procurement and regulation by requiring a Federal

agency to draw upon any suitable technical

standard already used in commerce or industry

rather than inventing a new standard. Some of

those standards might relate to evaluating environmental performance and measuring the

environmental attributes of products or services.

In establishing Environmental Preferable

Purchasing pilot projects or planning other

environmentally-sensitive activities, agencies

should first determine whether there is an

applicable voluntary consensus standard that

would meet its needs. 

The NTTAA also requires a Federal agency,

when it is consistent with the agency’s mission,

authorities, priorities, and budget resources, to

participate in the standards-setting activities of

voluntary consensus standards bodies. Such

participation helps ensure the development of

standards that meet the agency’s needs, including those related to Environmental Preferable

Purchasing concerns. This collaboration can

also promote national goals and objectives.

OMB Circular A-119 specifically mentions the

need to promote the use of environmentally

sound and energy-efficient materials, products,

systems, services, or practices as well as the

improvement of public health and safety. (See

OMB A-119, Section 7a.)

In the long run, institutionalizing the purchase

of environmentally preferable products and services requires that Executive agencies continue

their efforts after the pilot’s are completed.

Given that environmental information about

products and services is still scarce, agencies

should rely on all sources of information and

technical expertise in making determinations

about environmental preferability. To foster

agencies continue acquisition of “green” products, EPA will coordinate the development and

standardization of environmental information

about potential product and service categories

for future pilots. This effort will consist of identifying environmental performance characteristics and measurement methods and will involve

technical experts both inside and outside the

Federal government. Executive agencies should

examine all information generated through

these types of efforts. The agencies, and not the

nongovernmental entities, must make all final

determinations regarding environmental preferability.

The experience gained from Executive agency

pilots will be key in determining the scope and

nature of EPA's long-term activities to advance

Federal environmentally preferable purchasing.

The lessons learned and partnerships formed

from these pilots will help establish a broader

infrastructure to support this initiative. EPA

might use existing mechanisms or help develop

new resources such as guidance, networks, and

databases in support of the Federal purchasing

community— to build this infrastructure. The

infrastructure will help bridge the gap between

the environmental and procurement expertise

within the Executive agencies.

All Executive agency personnel will have a role

in creating a demand for environmentally

preferable products and services. Thus, the

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Appendix M
infrastructure will also have to support the

development of tools that are easy and convenient for general and diverse use. 

In light of the evolving acquisition landscape

and the dynamic nature of the marketplace, the

infrastructure will have to be flexible. In the

increased globalization of the economy and

trends toward commercialization of the Federal

marketplace, will also require agencies to coordinate this initiative with new international

trade and standardization developments.

Ultimately, the measure of this initiative’s success will be in the increased availability and

purchase of products and services that pose

fewer adverse impacts on human health and the

environment.

VI. List of Resources

This section includes a partial list of current

resources that Executive agency personnel may

find useful in implementing environmentally

preferable purchasing. For a more complete

and updated list, please refer to EPA’s EPP Web

site, described below.

A. EPA’s EPP Program Web site: 

www.epa.gov/opptintr/epp

This comprehensive Web site serves as the main

repository of information and resources related

to environmentally preferable purchasing,

including:

• Publications such as case studies, program

updates and fact sheets.

• Interactive features designed to elicit information exchange such as topical discussion

forums, a listing of upcoming events, a bulletin board for posting questions and comments and sharing users’ experiences, as well

as tools that have been helpful in implementing EPP. 

• A list of top twenty prioritized product and

service categories selected because they represent large volume federal procurements with

environmental impacts, along with a description of the methodology used. The list is provided to assist Executive agencies in selecting

pilots that will have the most effect.

The site will also include training modules, a

collection of promising green contracting practices, and a database of existing environmental

standards, specifications and contract language. 

B. Federal Case Studies of Environmentally Preferable Purchasing

EPA has developed a number of documents that

describe the results of EPP pilot projects, including:

• “Cleaners Pilot Project Case Study” documents a collaboration between the General

Services Administration and the

Environmental Protection Agency.

• “Paving the Road to Success” describes

Department of Defense’s efforts to “green” a

parking lot repair and maintenance contract.

• “Leading by Example” documents how EPA

incorporated environmental features into two

new buildings, the Ronald Reagan Building

and the Research Triangle Park office complex.

• “Defending the Environment at the

Department of Defense” describes the addition of environmental factors in the maintenance of the Pentagon and other DOD facilities.

In addition, Executive agencies have either initiated or are contemplating a number of other

pilot projects involving products such as

degreasing agents, paints, adhesives and copier

paper4, and services such as conferencing.

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Appendix M

4 For those interested in EPA’s views on recycling and chlorine content in copier paper, please see EPA’s "Effluent Guidelines and

Standards for Pulp, Paper, and Paperboard Category, Phase I," promulgated on April 15, 1998. (See 40 CFR Parts 63, 261 & 430)
Examples of where environmental preferability

was factored into purchasing decisions can be

found under “How to Do EPP” as well as “EPP

Resources” on EPA’s EPP Web site.

C. Life Cycle-Based Resources

• Building for Environmental and Economic

Sustainability

A life cycle-based, decision-support software

tool to assist users in balancing environmental and economic concerns among products.

The tool generates relative scores for alternative products based on environmental and

economic performance weights that individual users can set. Although originally

designed for building materials and product

comparisons, the tool will be expanded to

include other materials. The disks can be

obtained by contacting the Pollution

Prevention Information Clearinghouse at 

202 260–1023.

• Federal Facility Pollution Prevention Project

Analysis: A Primer for Applying Life Cycle

and Total Cost Assessment Concepts

D. Agency Environmental Catalogs

The General Services Administration (GSA) and

the Defense Logistics Agency (DLA) in the

Department of Defense, the two major suppliers

for the rest of the Federal government, publish

product catalogs that highlight some environmental attributes. These catalogs are listed below:

• Environmental Products Guide 

Published by the GSA, this guide contains a

list of over 3,000 products and services with

environmental attributes, such as low volatile

organic compound content, recycled content,

energy-efficiency, etc. All products featured

in the guide are available through the supply

system of GSA’s Federal Supply Service. The

guide is available on MUFFIN (Multi-Use File

for Interagency News).

• Environmental Products Catalog

Published by the DLA, this catalog includes

products that meet the requirements of EPA’s

Comprehensive Procurement Guidelines as

well as products that help reduce hazardous

waste or eliminate the use of ozone-depleting

chemicals. Currently, the catalog does not

have a systematic way of screening products

for their environmental characteristics, so

inclusion in the catalog does not necessarily

connote an environmentally preferable product. A DLA pilot is underway to develop

environmental standards for a category of

products in the catalog. For more information, contact the Defense General Supply

Center at 1 800 352-2852.

E. Federal Trade Commission’s Guides to 

the Use of Environmental Marketing 

Claims (Green Guides), 16 C.F.R. Part 

260

The Green Guides, recently revised in May 1998,

are intended to reduce consumer confusion and

prevent false or misleading use of environmental terms in product advertising and labeling.

The Green Guides indicate how the Federal

Trade Commission will apply Section 5 of the

Federal Trade Commission Act, which prohibits

unfair or deceptive acts or practices, in environmental marketing claims. The Green Guides

apply to all forms of product and service marketing to the public, including advertisements,

labels, package inserts, promotional materials,

and electronic media. The Green Guides can be

accessed via FTC’s Web site: <www.ftc.gov>

(Select “Consumer Protection”, then select

“Environment”, and then select “Guides”). For

hard copies, contact FTC at 202 FTC-HELP

(382-4357). For questions, contact Janice Podoll

Frankle at 202 326-3022.

F. Office of Federal Environmental 

Executive’s Web Site — www.ofee.gov

The Office of the Federal Environmental

Executive (OFEE) maintains a comprehensive

Web site. Updated frequently, it includes background information on OFEE’s mission, history,

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Appendix M
and staff; resources for implementing EO 13101;

best practices and success stories for environmental procurement, recycling, and waste prevention; federal agency compliance guidance;

and posts information on current and upcoming

conferences, activities, publications, and other

relevant news. The site also showcases the

Closing the Circle Awards recognizing outstanding performance towards “greening” the

government. OFEE also manages an interactive

forum (list serve) for the exchange of information on environmental purchasing, recycling,

and waste prevention.

G. Other Resources and Tools

• “Greening” of the Federal Logistics

Information System (FLIS)

The Defense Logistics Agency is working

through a multi-agency group to incorporate

positive environmental attributes (such as

recycled content, energy efficiency and water

efficiency) into FLIS, is a database of more

than 7 million supply items purchased by the

Federal government. With the supply items

tagged with environmental attributes, FLIS

will provide Federal consumers with specific

environmental information about the products they buy.

• There are a variety of other resources and

tools that are currently available or under

development to assist Executive agency personnel implement environmentally preferable

purchasing practices. For the latest list of

resources and tools, please check the EPP

Web site <www.epa.gov/opptintr/epp>.

VII. Appendices

Appendix A Glossary of Terms

Appendix B Environmental Attributes

(1) Menu of Environmental Attributes 

(2) Definitions for Terms on the Menu of 

Environmental Attributes 

Appendix C Sample EPP Policy Directive

Appendix D Text of Office of Federal 

Environmental Executive and 

U.S. Environmental Protection 

Agency’s April 1998 Policy Letter 

on Use of Non-Governmental 

Entities

Appendix E Pilot Project Case Study 

Template

Appendix A Glossary of Terms 

Acquisition - means the acquiring of products

and services (including construction) by contract with appropriated funds by and for the use

of the Federal government through purchase or

lease, whether the supplies or services are

already in existence or must be created, developed, demonstrated, and evaluated.

Acquisition begins at the point when agency

needs are established and includes the description of requirements to meet those needs, solicitation and selection of sources, award of contracts, contract financing, contract performance,

contract administration, and those technical and

management functions directly related to the

process of fulfilling agency needs by contract.

(EO 13101, Section 201)

biobased products - are defined as commercial

or industrial products (other than food or feed)

that utilize biological products or renewable,

domestic, agricultural (e.g., plant, animal and

marine), or forestry materials. (EO 13101,

Section 201)

Environmentally preferable - products or services that have a lesser or reduced effect on

human health and the environment when compared with competing products or services that

serve the same purpose. The product or service

comparison may consider raw materials acquisition, production, manufacturing, packaging,

distribution, reuse, operation, maintenance, or

disposal. (EO 13101, Section 201)

Life cycle assessment - means the comprehensive examination of a product’s environmental

and economic aspects and potential impacts

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Appendix M
throughout its lifetime, including raw material

extraction, transportation, manufacturing, use,

and disposal. (EO 13101, Section 201)

The International Standards Organization,

through ISO 14040, has defined life cycle assessment slightly differently as follows:

Compilation and evaluation of the inputs, outputs, and the potential environmental impacts

of a product system throughout its life cycle.

Life cycle cost - means the amortized annual

cost of a product, including capital costs, installation costs, operating costs, maintenance costs

and disposal costs discounted over the lifetime

of the product, according to OMB Circular A-94

and Executive Order 13101, Section 201.

However, this definition does not include external costs (i.e., those not borne directly by the

entity that owns and operates a product/service, such as environmental costs to society at

large). For the purposes of this guidance, EPA

encourages agencies to consider all internal and

external costs associated with a product,

process, or activity throughout its entire life

cycle—from raw materials acquisition to manufacture, recycling and final disposal. 

Non-governmental entities - within the context

of this guidance, non-governmental entities

include, but are not limited to, voluntary consensus standards bodies (see§ 12(d) of the

National Technology Transfer and Advancement

Act (Pub. L. 104-113, §12(d), 15 U.S.C. 272 note),

environmental standard setting organizations,

third party certification programs, environmental labeling or environmental “report card” programs and other environmental consulting organizations.

Pollution prevention - “source reduction,” as

defined under the Pollution Prevention Act of

1990 (42 U.S.C. § 13102), and other practices that

reduce or eliminate the creation of pollutants

through: increased efficiency in the use of raw

materials, energy, water, or other resources; or

protection of natural resources by conservation.. 

The Pollution Prevention Act defines source

reduction to mean any practice that:

• Reduces the amount of any hazardous substance, pollutant, or contaminant entering any

waste stream or otherwise released into the

environment (including fugitive emissions)

prior to recycling, treatment, or disposal

• Reduces the hazards to public health and the

environment associated with the release of

such substances, pollutants, or contaminants. 

The term includes: equipment or technology

modifications, process or procedure modifications, reformulation or redesign of products,

substitution of raw materials, and improvements in housekeeping, maintenance, training,

or inventory control. 

Appendix B Lists of 

Environmental Attributes

Below is a list of environmental attributes that

can help Executive agencies assess the environmental performance of products and services.

This list, viewed from a life cycle perspective

can enable Executive agency purchasers to

select the product or service that minimizes

adverse environmental impact. Although, it is a

preliminary list of the major sources of potential

human health and environmental risk, this

source should not be considered definitive.

Definitions for each of the attributes follow the

list. Agency personnel can use this list in two

ways: 

(1) To provide a framework for identifying the

most important environmental attributes of

products and services, and using that information in product or service comparisons.

(2) As a check list of environmental issues to

consider when designing and acquiring systems or buildings. 

Not all of the environmental attributes will

apply to each product or service; indeed, in

some cases, information on just a few key environmental attributes will enable Executive

agency personnel to determine environmental

preferability. 

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Appendix M
The list of environmental attributes suggests

that Federal agency personnel can use two different approaches to soliciting information from

providers of products and services. The first

includes consideration of releases of pollutants

that occur during the life-cycle of the product.

In the research on product life-cycle assessments

that have been conducted over the past several

years, these releases are known as ``inventory''

items. Alternatively, the risks (or risk surrogates) associated with various life-cycle stages

of a product can be identified. This approach

seeks to identify actual environmental impacts

rather than solely environmental releases. When

calculating risks, general population (both environmental and human) exposures and occupational exposures need to be considered.

Executive agencies may consider using both risk

and release data in their decisions to purchase

environmentally preferable products and services. 

If product and service providers use this list as a

basis for making environmental marketing

claims, the claims should conform to the FTC’s

Guides for the Use of Environmental Marketing

Claims (Green Guides), 16 C.F.R. Part 260). A

copy of the Green Guides can be obtained

through FTC’s Web site <www.ftc.gov>. Any

party making a claim (or an independent third

party that is certifying a claim) concerning a

product's environment attribute must, at the

time the claim is made, possess and rely upon a

reasonable basis for substantiating the claim (16

C.F.R.§ 260.5). A reasonable basis consists of

competent and reliable evidence. In the context

of environmental marketing claims, such substantiation will often require competent and

reliable scientific evidence, defined as tests,

analyses, research, studies, or other evidence

based on the expertise of professionals in the

relevant area, conducted and evaluated in an

objective manner by persons qualified to do so,

using procedures generally accepted in the profession to yield accurate and reliable results.

The Green Guides state that either an unqualified or inadequately qualified claim that a product is “environmentally preferable” implies to

consumers that a product is generally environmentally superior to others. “Environmentally

preferable” claims should be accompanied by

language limiting the superiority claim to the

particular attributes that can be substantiated.

For example, Green Guides state that environmental seals-of-approval should be accompanied by information on product labels explaining the basis for the award.

Appendix B(1) Menu of 

Environmental Attributes

Executive agency personnel are reminded that

the attributes listed and defined below are not

comprehensive. In addition, Executive agency

personnel should note that not all of these

attributes will be applicable to every product or

service. Furthermore, different attributes may

be applicable to each product or service life

cycle stage being considered.

A. Natural Resources Use

• Ecosystem impacts, such as endangered

species, wetlands loss, fragile ecosystems,

erosion, animal welfare, etc.

• Energy consumption, which can serve as an

indicator of acid rain, climate change potential, air pollution, and associated human

health risks.

• Water consumption which can serve as an

indicator of water quality impacts, risks to

aquatic ecosystems, and degradation of

drinking water resources.

• Non-renewable resource consumption, which

can serve as an indicator of acid rain, climate

change potential, air pollution, and associated

human health risks and risks to endangered

species and fragile ecosystems.

• Renewable resource consumption, which can

serve as an indicator of loss of biodiversity

and increased erosion. Although in many

cases the use of renewable resources is con203

Appendix M
sidered environmentally preferable to use of

nonrenewable resources, products made from

renewable resources may also have negative

environmental impacts (e.g., ethanol is

derived from a renewable resource, yet its

manufacture can lead to releases of VOCs).

B. Human Health and Ecological 

Stressors 

• Bioaccumulative pollutants.

• Ozone depleting chemical global warming

gases.

• Chemical releases (Toxics Release Inventory

(TRI) list chemicals or others.)

• Ambient air releases (other than TRI, including volatile organic compounds and particular matter).

• Indoor environmental releases (consumer and

occupational). 

• Conventional pollutants released to water.

• Hazardous waste.

• Non-hazardous solid waste (e.g., municipal

solid waste, large volume waste, surface

impoundments).

• Other stressors. 

C. Hazard Factors Associated 

With Materials 

• Human Health Hazards: 

— acute toxicity 

— carcinogenicity 

— developmental/reproductive toxicity 

— immunotoxicity 

— irritancy 

— neurotoxicity 

— sensitization 

— corrosivity 

— flammability 

— reactivity 

— other chronic toxicity

• Ecological Hazards:

— aquatic toxicity 

— avian toxicity 

— terrestrial species toxicity

D. Positive Attributes

The attributes listed below are viewed as positive because they either serve as proxies for

minimizing natural resource use or avoiding

waste and the associated environmental impacts

identified in A, B, and C. These attributes also

are linked to authorities and requirements in

statutes or executive orders that encourage the

Federal government to promote their use.

“Recyclability” and “recycled content” are

attributes encouraged under RCRA. There are

executive orders that encourage Federal agencies acquire biobased products, and to promote

energy efficiency and water conservation.

“Durability”, “reusability”, “take-back”, and

“reconditioned or remanufactured” are positive

attributes that encourage source reduction.

“Product disassembly potential” increases the

potential for source reduction and recycling of

product components. Agencies should note

that the presence of these attributes alone does

not automatically make a product or service

environmentally preferable. When making purchasing decisions, executive agencies should

consider a range of environmental impacts associated with products from a life cycle perspective when making purchasing decisions.

• Recycled content

• Recyclability

• Product disassembly potential

• Durability

• Reusability

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Appendix M
• Reconditioned or remanufactured

• Take-back

• Biobased

• Energy efficiency

• Water efficiency

• Other attributes with positive environmental

effects

Appendix B(2) Definitions for 

Terms on the List of 

Environmental Attributes

A. Natural Resource Use 

(1) Ecosystem impacts- adverse impacts on

the ecosystem, for example, endangered

species, wetlands loss, fragile ecosystems,

erosion. 

(2) Energy consumption- the total amount of

energy consumed for product or service manufacture, use, and disposal. Different sources

of energy are associated with different environmental impacts. 

(3) Water consumption- refers to the water

resources that are consumed or used, which

can serve as an indicator of water quality

impacts, risks to aquatic ecosystems, and

degradation of drinking water resources.

(4) Non-renewable resource consumptionthose resources consumed that are not renewable in 200 years (e.g., fossil fuels, minerals).

This can serve as an indicator of acid rain, climate change potential, air pollution, and

associated human health risks and risks to

endangered species and fragile ecosystems.

(5) Renewable resource consumption: refers to

a continuum of resources, from those that are

renewable in under 200 years, such as timberbased products, which can serve as an indicator of biodiversity loss and increased erosion,

to those which are renewable in less than 2

years, such as grain-based feed stocks. 

B. Human Health and Ecological 

Stressors 

(1) Bioaccumulative pollutants- those chemicals that bioconcentrate in the environment as

described in the Significant New Use Rule for

new chemicals. (40 CFR 721.3.) 

(2) Ozone depleting chemicals- defined in the

Protection of Stratospheric Ozone Final Rule.

(58 FR 65018, December 10, 1993.)

(3) Global warming gases- listed in Climate

Change 1992, The Scientific Report on the

IPCC Scientific Assessment. (Table A 2.1.)

(4) Chemical releases- ambient releases of

chemicals of concern such as those reported

in the TRI of the Emergency Planning and

Community Right-to-Know Act. The current

list is reported in 40 CFR 372.65. 

(5) Ambient air pollutants- pollutants for

which ambient air quality standards have

been developed. (40 CFR 50.4- 50.12.) These

pollutants include nitrogen dioxide, sulfur

dioxide, ozone precursors, particulate matter,

carbon monoxide, and lead. 

(6) Indoor environmental releases- releases to

an indoor environment of potentially hazardous chemicals such as those reported in

the TRI in both occupational and consumer

settings. 

(7) Conventional pollutants- defined in 40

CFR 401.16. These pollutants include biochemical oxygen demand, total suspended

solids, fecal coliform, pH, and oil and grease. 

(8) Hazardous waste- Quantity of Resource

Conservation and Recovery Act (RCRA) hazardous waste as defined in 40 CFR 261.3. 

(9) Non-hazardous waste- solid waste as

defined in 40 CFR 261.3. Includes municipal

solid waste, large volume waste (e.g., oil and

gas, mining, etc.) and solids disposed of in

surface impoundments. 

(10) Other stressors- any other stressors associ205

Appendix M
ated with the product or service but not captured elsewhere. 

C. Factors Associated With Materials 

Human Health Hazards 

(1) Acute toxicity- the potential of a chemical

substance to cause adverse health effects from

short-term exposure. 

(2) Carcinogenicity- defined by EPA through a

weight-of-evidence approach. (51 FR 33992,

September 24, 1986 and 61 FR 17960, April 23,

1996.) When quantification is possible, slope

factors or other measures such as LED10 can

also be used to express carcinogenic potency.

(3) Development/reproductive toxicityadverse effects on the developing organism

that result from chemical exposure prior to

conception (i.e., either parent), during prenatal development, or, postnatally, to the time of

sexual maturation. (56 FR 63798, December 5,

1991.) Reproductive toxicity is any adverse

effect on an organism's ability to reproduce.

(61 FR 56274, October 31, 1996.) 

(4) Immunotoxicity- any adverse effect on an

organism's immune system that results from

exposure to a chemical substance. 

(5) Irritancy- defined according to the

Occupational Safety and Health

Administration (OSHA) Hazard

Communication Standard (29 CFR part

1910.1200) or other standard scales such as

EPA or Organization for Economic

Cooperation and Development (OECD)

Guidelines (EPA 712-C-98-196, August, 1998.)

(6) Neurotoxicity- any adverse change in the

development, structure, or function of the

central and peripheral nervous system following exposure to a chemical agent (59 FR

42272, August 17, 1994.)

(7) Sensitization- an immunologically mediated cutaneous reaction to a substance. EPA test

methods for evaluating sensitization potential

are found in 40 CFR part 798.4100. 

(8) Other chronic toxicity- the potential of a

chemical substance to cause an adverse effect

on any organ or system following absorption

and distribution to a site distant from the toxicant’s entry point. 

(9) Corrosivity- dermal corrosion is defined

by EPA as the production of irreversible tissue damage in the skin following application

of a test substance. Test methods for evaluating dermal corrosion can be found in the harmonized Office of Prevention, Pesticide and

Toxic Substances (OPPTS) guidelines for

acute dermal irritation. (OPPTS 870.2500.)

These guidelines harmonize the TSCA, FIFRA

and OECD requirements in this area. The

OSHA HazCom Standard listed above for

irritancy also explicitly or implicitly covers

corrosivity, sensitization, neurotoxicity, and

all other toxic endpoints. 

(10) Flammability- defined by the OSHA

HazCom Standard (29 CFR 1910.1200) and

ignitability is defined in 40 CFR part 261.21. 

(11) Reactivity- defined in 40 CFR 261.23. 

Ecological Hazards 

(1) Aquatic toxicity- the potential of a substance to have an adverse effect on aquatic

species. Measurement methods for aquatic

toxicity can be found in 40 CFR part 797, subpart B. 

(2) Avian toxicity- the potential of a substance

to have an adverse effect on avian species.

(3) Terrestrial species toxicity- the potential of

a substance to have an adverse effect on terrestrial species, other than man. 

D. Positive Attributes 

The following attributes are generally viewed as

positive because they either serve as proxies for

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Appendix M
minimizing natural resource use or avoiding

waste and the associated environmental impacts

identified in A, B and C. Agencies should note

that the presence of these attributes alone do not

automatically make a product or service environmentally preferable. Executive agencies

should consider a range of environmental

impacts associated with products from a life

cycle perspective when making purchasing

decisions.

(1) Recycled content: Materials that have

been recovered from the solid waste stream,

either during the manufacturing process (preconsumer), or after consumer use (post-consumer) (see Federal Trade Commission

Environmental Marketing Guides mentioned

above for more detail). Executive agencies

are required to purchase EPA-designated

items with recycled content (40 C.F.R. Part

247). Purchasers may want to consider

whether the material contains pre-consumer

or post-consumer recycled content. Recycled

content, under the Federal Trade Commission

guides, includes recycled raw material, that

would have otherwise been incinerated or

land filled, as well as used, reconditioned and

remanufactured components. For products

that are only partially made of recycled material, a recycled claim should indicate the percentage, by weight, of recycled content in the

finished product. Unless it is otherwise clear

from the context of the sale, for products that

contain used, reconditioned or remanufactured components, a recycled claim should

make clear that such components are used,

reconditioned or remanufactured.

Manufacturer’s scrap material that would

have, in any case, been incorporated into the

product does not qualify as recycled under

the Federal Trade Commission’s guides. Refer

to 16 C.F.R. § 260.7(e). 

(2) Recyclability: Refers to products or materials that can be collected, separated or otherwise recovered from the solid waste stream

for reuse, or in the manufacture or assembly

of another package or product, through an

established recycling program. For products

that are made of both recyclable and nonrecyclable components, the recyclable claim

should be adequately qualified to avoid consumer deception about which portions or

components are recyclable. In addition,

unless recycling collection programs for the

product are available to a substantial majority

of communities or consumers where the

product is sold, claims of recyclability need to

be qualified to indicate the limited of availability of recycling collection sites. A product

that is made from recyclable material, but,

due to its shape, size or some other attribute,

is not accepted in recycling programs for such

material, should not be marketed as recyclable. Refer to the FTC Environmental

Marketing Guides, 16 C.F.R. §260.7(d). 

(3) Product disassembly potential: Refers to the

ease with which a product can be disassembled for maintenance, parts replacement, or

recycling.

(4) Durability: Refers to the expected lifetime

of the product. 

(5) Reusability: Refers to how many times a

product may be reused. Since reusable products generally require more up-front costs

than disposable products, they are often subjected to a cost/benefit analysis in order to

determine the life cycle cost . 

(6) Reconditioned/Remanufactured: Refers to

the process of restoring used, durable products to meet original performance standards.

Remanufacturing has many other names,

including: rebuilding (automotive sector);

retreading (tire remanufacturing); reconditioning; and refurbishing. Remanufacturing

results in less waste and raw material and

energy use.

(7) Take-back: Refers to the manufacturer or

designee accepting a return of end-of-life

product; who pays for the transportation of

the product may be situation-specific.

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Appendix M
(8) biobased: Refers to a commercial or industrial product (other than food or feed) that

utilizes biological products or renewable,

domestic, agricultural (plant, animal and

marine), or forestry materials.

(9) Energy efficiency: Refers to products that

meet or exceed the Department of Energy

(DOE)/Federal Energy Management

Program’s product energy efficiency recommendations which identify the top 25 percent

of energy efficiency for all similar products or

that meet the energy efficiency criteria of the

Environmental Protection Agency

(EPA)/DOE Energy Star program. 

(10) Water efficiency: Refers to any plumbing

fixtures that meet or exceed the Department

of Energy’s Federal Energy Management

Program recommended performance standards for flow rates.

(11) Other attributes: Refers to any other positive attributes that are associated with the

product but are not listed here.

Appendix C Sample Environmentally 

Preferable Purchasing 

Policy Directive

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Appendix M

Environmentally Preferable Purchasing Policy

The purchase and use of products and services can have a profound impact on the environment. [NAME OF

DEPARTMENT OR AGENCY] recognizes the positive impact that it can make on the environment through the

purchasing decisions that its employees make. It is the intent of [NAME OF DEPARTMENT OR AGENCY] to

integrate environmental considerations into every aspect of acquisition. Although the environment may not

be the core of our professional mission, the integration of these factors will result in economic, health, and

environmental gains that will further our goals.

Overall Statement of Policy

• Agency personnel should seek to reduce the environmental damages associated with their purchases by

increasing their acquisition of environmentally preferable products and services to the extent feasible, consistent with price, performance, availability, and safety considerations.

• Environmental factors should be taken into account as early as possible in the acquisition planning and

decision-making process.

• Responsibility for environmentally preferable purchasing should be shared among the program, acquisition,

and procurement personnel.

• Environmentally preferable purchasing represents one important component of this agency’s commitment

to pollution prevention.

[NAME OF DEPARTMENT OR AGENCY] is committed to the following:

• Increasing the acquisition of environmentally preferable products and services. 

• Identifying and implementing pilot projects to test the best ways to incorporate environmental preferability

into acquisition.

• Establishing incentive and award programs to recognize those people, teams, and interagency work groups

who are most successful at promoting the purchase of environmentally preferable products.
Appendix D Text of Office of Federal 

Environmental Executive 

and U.S. Environmental 

Protection Agency’s April 

1998 Policy Letter on Use 

of Non-Governmental 

Entities

Pilot Project Approach on Use of NonGovernmental Entities to Implement Section

503 of Executive Order 12873 on Federal

Acquisition, Recycling, and Waste Prevention

Background:

Section 503(a) of Executive Order 12873 directs

EPA to “issue guidance that recommends principles that Executive agencies should use in making determinations for the preference and purchase of environmentally preferable products.”

Section 503 (b) states that Executive agencies

shall use EPA’s guidance to “identify and purchase environmentally preferable products” and

to “modify their procurement programs by

reviewing and revising specifications, solicitation procedures, and policies as appropriate.” 

On September 28, 1995, EPA issued a proposed

Guidance on the Acquisition of

Environmentally Preferable Products and

Services which includes a series of principles

that are intended to guide Federal purchasers as

they consider environmental preferability in

their acquisition decisions. This proposed

Guidance was the culmination of numerous discussions EPA had with staff from key purchasing agencies and departments as well as representatives from industry and environmental and

other interested organizations.

In EPA's proposed Guidance (Supplementary

Information - Section III (E)), EPA acknowledged the existence of non-governmental entities -- including, but not limited to, environmental standard setting organizations, third

party certification programs, environmental

labeling or environmental “report card" programs and other environmental consulting organizations -- to which Executive agencies, in

appropriate circumstances, may refer for technical assistance1 in meeting the Executive Order

goals. 

In this paper, EPA suggests a pilot project

approach to test the utility of various means of

using non-governmental entities to achieve

environmentally preferable purchasing goals.

This pilot project approach will be publicized

through a Notice of Availability in the Federal

Register. Ultimately the findings from the pilot

project approach will provide practical information to EPA in the development of its final

Guidance.

Spectrum of Approaches

First, it must be emphasized that Executive

agencies may choose to implement EPA’s proposed Guidance without technical assistance

from non-governmental entities. A number of

on-going environmentally preferable purchasing

(EPP) pilot projects are relying successfully on

the in-house environmental and procurement

expertise of EPA and the partnering Executive

agency (e.g., General Services Administration

and the Department of Defense). Therefore, this

paper should in no way be interpreted as an

EPA endorsement of a specific non-governmental entity, organization or program, nor should

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Appendix M

1 For example, Executive agencies might seek technical assistance from non-governmental entities to help Executive agencies:

(a) analyze life cycle and multiple environmental attributes;

(b) analyze basic environmental performance characteristics for specific categories of products/services;

(c) identify environmentally preferable product/service criteria for a given product category based on agencies' core environmental values;

and

(d) identify products/services in a given category which meet agencies' predetermined set of environmental performance criteria.

Executive agencies are reminded that they must critically examine all information from non-governmental entities. The Executive agencies involved, and not the non-governmental entities, must make all final determinations regarding environmental preferability.
agencies feel obligated in any way to utilize the

technical assistance of such entities. 

However, to the extent that the Agencies are

interested in tapping the expertise that resides

outside the Government, EPA concludes that

Agencies, in carrying out existing mandates for

environmentally preferable purchasing may use

non-governmental entities in accordance with

appropriate operating guidelines. Executive

agencies should note that they must avoid

favoring, without reasonable justification, one

non-governmental entity over another.

Executive agencies should also inform their personnel about the Federal Trade Commission's

Guides for the Use of Environmental Marketing

Claims which govern environmental claims

made by anyone, including manufacturers or

environmental labeling or "report card" programs.

Thus far, EPA has identified a number of different potential approaches for how Executive

agencies could use the technical expertise of

non-governmental entities in furthering their

environmentally preferable purchasing goals.

All of the potential approaches described below

require that the Executive agencies involved

critically examine all information from non-governmental entities. The Executive agencies

involved, and not the non-governmental entities, must make all final determinations regarding environmental preferability.

This list of approaches is not comprehensive.

Agencies are encouraged to bring to EPA's

attention other potential approaches for using

non-governmental entities. In utilizing an

approach, agencies have considerable discretion

in incorporating environmental preferability

into procurement decisions. For example, environmental considerations that result in limiting

competition or in the payment of a price premium for goods or services may be reasonably

related to an agency's definition of its "minimum needs" and therefore permissible. 

Approach 1: Use of Existing Information 

Developed by Non-governmental 

Entities

Executive agencies' personnel could use existing

information developed by non-governmental

entities regarding environmental preferability of

products and services, along with other available information (such as product performance

and price) in defining the requirements for procurements and making more informed procurement and acquisition decisions. For example,

Agencies might consider undertaking pilot projects to test the utility of non-governmental entities in the following instances:

a) Executive agencies could examine and evaluate already existing environmental criteria or

standards developed by non-governmental

entities for products or product categories (as

well as for services or service categories),

along with other available information, to

identify a range of environmental attributes

which can inform the agencies' own determinations of environmental preferability. Those

determinations of environmental preferability

could then translate into agency requirements, or at the very least, important criteria

in the evaluation and selection of competing

vendors or manufacturers.

b) In buying commercial items off-the-shelf,

Executive agencies could inform their personnel to take into consideration environmental

information (e.g., environmental claims,

product profiles, "report cards", or environmental seals along with accompanying explanation, etc.,) either displayed on the products

or provided through product literature or

other materials (e.g., newsletters) in making

purchasing decisions. This environmental

information could be provided by vendors or

manufacturers or by non-governmental entities. Executive agency personnel should be

cautioned to avoid making their purchasing

decisions on broad claims of environmental

superiority.2

c) At the request of vendors or manufacturers,

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Appendix M
an Executive agency could include in its catalogs or schedules symbols from non-governmental entities denoting certain environmental characteristics, provided that (1) these

symbols are accompanied by additional information that specify the reasons why a product has been "tagged" with a symbol; (2) the

catalogs or schedules clearly emphasize that

Executive agency personnel are not required

to purchase products or services that are

tagged; and (3) procurement officials should

not rely on the symbols to make purchasing

decisions, but instead, are required to take

into account the environmental information

underlying the symbol for relevance to the

procurement.3 Agencies including such symbols in their schedules or catalogs should

ensure that their employees receive appropriate guidance in utilizing this approach.

Vendors or manufacturers who choose not to

obtain a seal or other symbols denoting certain environmental characteristics from nongovernmental entities may nevertheless also

request that environmental information about

their products be included in the agency's catalogs or schedules. 

This option will be piloted on a limited basis

so that it can be closely monitored to determine its effectiveness.

d) On its own initiative, an Executive agency

could tag products or services in its catalogs

or schedules with its own symbol which

denotes environmental characteristics that the

Executive agency, through its own determination, deems preferable. This symbol could be

based on existing information (e.g., environmental claims, product profiles, "report

cards", or environmental seals along with

accompanying explanation, etc.) available

from non-governmental entities or from vendors or manufacturers themselves. This

symbol should be accompanied by specific

information explaining the basis for "tagging"

a product as well as the source of the information. Catalogs or schedules should emphasize that Executive agency personnel would

not be required to purchase products or services which are tagged, but are requested to

take into account the environmental information underlying the symbol for relevance to

the procurement.

Approach 2: Use of Non-governmental 

Entities as Certifiers of Specific 

Claims

Executive agencies could require vendors or

manufacturers to have specific, measurable and

verifiable claims certified by qualified non-governmental entities. A product's percentage content of volatile organic compounds (VOCs), for

example, would be considered measurable and

verifiable. The rationale behind this approach is

that credible certification by non-governmental

entities (or actual evidence from vendors or

manufacturers themselves) could increase the

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Appendix M

2 The following excerpt from FTC's "Guides for the Use of Environmental Marketing Claims" illustrates this point:

A product is advertised as "environmentally preferable." This claim is likely to convey to consumers that this product is environmentally

superior to other products. If the manufacturer cannot substantiate this broad claim, the claim would be deceptive. The claim would not

be deceptive if it were accompanied by clear and prominent qualifying language limiting the environmental superiority representation to

the particular product attribute or attributes for which it could be substantiated, provided that no other deceptive implications were created by the context. (From FTC's "Guides," (a) General Environmental Benefit Claims, Example 6)

3 The following excerpt from FTC's "Guides for the Use of Environmental Marketing Claims" provides an example of this point: 

A product label contains an environmental seal, either in the form of a globe icon, or a globe icon with only the text "Earth Smart"

around it. Either label is likely to convey to consumers that the product is environmentally superior to other products. If the manufacturer cannot substantiate this broad claim, the claim would be deceptive. The claims would not be deceptive if they were accompanied by

clear and prominent qualifying language limiting the environmental superiority representation to the particular product attribute or

attributes for which they could be substantiated, provided that no other deceptive implications were created by the context. (From FTC's

"Guides," (a) General Environmental Benefit Claims, Example 5)
credibility of claims that may be displayed on

products. Such certification, or a vendor's or a

manufacturer's ability otherwise to prove particular claims of environmental preferability, could

be a prerequisite for competitive consideration.

This approach assumes that (1) no particular

non-governmental entity is favored (without

reasonable justification) over any other nongovernmental entity; and (2) vendors or manufacturers who choose not to be certified by nongovernmental entities are provided the opportunity to present credible evidence that their products or services conform to established standards.

Approach 3: Use of Non-government Entities 

as "Consultants" under Advisory 

and Assistance Contracts

Pursuant to the competitive contracting process

as set forth in the Federal Acquisition Regulation

(FAR), non-governmental entities could provide

consulting services to Executive agencies. Nongovernmental entities may provide advice and

recommendations about environmentally preferable purchasing, for example, through the identification of key environmental characteristics of

product categories. Under this approach,

Executive agencies would define environmental

preferability with the assistance of a non-governmental entity on a procurement-by-procurement

basis. As per FAR Subpart 9.5, Executive agencies must fully consider the potential for conflict

of interest concerns where a non-governmental

entity may be unable to render impartial advice

or assistance because of private business or

financial interests. Also, Executive agencies

should make every effort to maximize competition in awarding these advisory and assistance

contracts to avoid any exclusive or preferential

relationship with any particular non-governmental entity. Finally, the environmental preferability standards developed under this approach

could be used as a basis for defining the

agency's "minimum needs" in particular procurements and for developing criteria for evaluating competing vendors.

EPA's Suggested Next Steps

One of the key tenets of EPA’s proposed

Guidance is to have Executive agencies undertake a series of pilot projects that can demonstrate the applicability and workability of the

guiding principles as contained in EPA's proposed Guidance. The success of our efforts

depends on learning from these pilot projects

and sharing the results widely among the different Executive agencies. It is in this spirit that

EPA strongly encourages Executive agencies to

enter into pilot projects that test the potential

approaches for using non-governmental entities

as described above. 

Moving forward with this non-governmental

entities pilot approach is desirable for a number

of reasons: 1) EPA can capture the lessons from

the pilots and share them among the Executive

agencies so that there is no duplication of effort;

2) we can determine where the use of expertise

outside of the government is appropriate and

useful and where it is not; and 3) the net effect

of creating a market for such EPP services may

encourage increased competition among existing and new organizations or programs that can

support Federal procurement of environmentally preferable products and services. Ultimately,

the results from this and other pilot project

approaches will help Executive agencies identify the most effective and practical ways to

achieve the goals of environmentally preferable

purchasing. 

EPA recognizes that any pilot project involving

a non-governmental entity will initially raise

practical questions such as which non-governmental entities are legitimate and are credible

and which are not; is there a need to certify a

certifier? While EPA is not currently able to

offer an "approved" list of non-governmental

programs best suited to assist the agencies, it is

prepared to provide assistance to Executive

agencies on an individual procurement-by-procurement basis. As an initial step, Agencies are

directed to the list of questions for evaluating

non-governmental entities contained in Section

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Appendix M
III, [E] Third Party Certification Programs of

EPA’s proposed Guidance on the Acquisition of

Environmentally Preferable Products and

Services. The list of questions is included as

Appendix 1 of this letter.

Specifically, within the context of this non-governmental entity pilot project approach, EPA's

Environmentally Preferable Purchasing

Program in the Office of Pollution Prevention

and Toxics, is prepared to:

1) assist Executive agencies in structuring a pilot

project involving non-governmental entities,

including providing support to assess the

utility of non-governmental entities on an

individual procurement-by-procurement

basis;

2) seek out and identify non-governmental entities who have expertise in the area of environmentally preferable purchasing through a

variety of means, such as, but not limited to,

Federal Register notices or announcements in

the Commerce Business Daily (CBD). To

make such a task manageable, EPA will identify, with help and guidance from the agencies, a few product or service categories upon

which to focus at first. If successful, further

federal register notices or CBD announcements could be issued focusing on additional

product or service categories;

3) assemble a list of product categories for

which eco-labeling criteria and standards

have been established, both domestically and

internationally for agencies to consider in

developing their own criteria for environmental preferability. If appropriate, EPA will

assist in such evaluations; and

4) assist Executive agencies in structuring an

environmentally preferable purchasing pilot

project that does not involve non-governmental

entities.

In turn, Executive agencies should consult with

EPA when undertaking pilots which may raise

environmental issues beyond their expertise

(e.g., where a pilot involves consideration of the

way a product is made).

Furthermore, Executive agencies who choose to

undertake pilots under option 1(c) should consult with EPA in developing a written process or

procedure for the role seals or symbols and the

associated information would play in their

pilots. For example, agencies should provide

clear guidance which specifies the importance

of considering the underlying criteria, not the

seal or the symbol. 

As EPA and Executive agencies embark on these

activities, EPA will continue to explore a number of different ways that it can address issues

which are raised within the pilot project context

more definitively. Executive agencies will be

kept informed of developments on these issues.

Agencies should inform EPA of their efforts in

environmentally preferable purchasing, whether

such efforts involve non-governmental entities

or not in order to share lessons learned among

other agencies and to aid in the evaluation of

the pilot projects. In this way, EPA can make

EPP concepts more practical for use within the

Federal acquisition context. To facilitate this,

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Appendix M
Agencies are requested to send the attached FAX BACK form. Pilot projects involving non-governmental entities will be evaluated over a period of the next three years. EPA will use the findings from

that evaluation to inform the development of its final Guidance.

For further information and to inform EPA of pilot project efforts, please contact:

Eun-Sook Goidel, Program Manager, 

Environmentally Preferable Purchasing 

Program, Pollution Prevention Division, 

Office of Pollution Prevention and Toxics 

(202)260-3296; (202)260-0178 FAX; 

e-mail: goidel.eunsook@epamail.epa.gov

For legal issues associated with use of non-governmental entities in environmentally preferable purchasing, please contact:

Tali Zemel, Esq., Office of General Counsel 

(202)564-4708; 

e-mail: Zemel.Avital@epamail.epa.gov

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Appendix M
Attachment 1. List of Questions for Evaluating Non-Governmental Entities4

Executive agencies should consider the following list of questions in evaluating non-governmental entities before using their expertise to further internal environmental preferable purchasing

goals. Does the program have:

• an open, public process that involves key stakeholders (businesses, environmental, consumer

groups, and states, etc.) in developing its criteria or standards?

• award criteria, assumptions, methods, and data used to evaluate the product or product categories

that are transparent (i.e., they are publicly available, easily accessed, and understandable to the lay

person)?

• a system of data verification and data quality? 

• a peer review process (with representation of all stakeholders) for developing the standards or criteria?

• criteria that are developed based on a "systems" or life cycle approach (i.e., "cradle to grave")?

• an outreach program to educate the consumer, which includes clear communications to consumers

that provide key information concerning environmental impacts associated with the product?

• an established goal of updating standards or criteria as technology and scientific knowledge

advance?

• authority to inspect the certified product’s facility to ensure compliance with the standards or criteria?

• testing protocols for the certified products that ensure testing is conducted by a credible institution?

• access to obtaining the seal by small-and medium-sized companies (e.g., the cost of the seal is not

so high as to prevent access by smaller companies)? 

• compliance with the Federal Trade Commission's (FTC) Guides for the Use of Environmental

Marketing Claims?

215

Appendix M

4 Excerpted from EPA's proposed "Guidance on the Acquisition of Environmentally Preferable Products and Services."
FAX BACK FORM

Please Inform EPA about Your Pilot Project Involving the Use of Non-governmental Entities in 

Environmentally Preferable Purchasing!

Name: _____________________________________________________________________

Department/Agency: _____________________________________________________________________

Address: _____________________________________________________________________

Address: _____________________________________________________________________

Phone: _____________________________________________________________________

FAX _____________________________________________________________________

E-mail: _____________________________________________________________________

Type of Acquisition/Procurement:

(e.g., small purchase, credit card purchase, competitive bid, etc.)

Product/Service Category:

Name of Non-Governmental Entity:

Type of Non-Governmental Entity (check all that apply):

___ environmental standard setting organizations

___ third-party environmental certification programs

___ environmental labeling organizations

___ environmental report card organization

___ environmental consultants

___ other (please specify: ________________________________________)

Type of Information/Assistance Sought from Non-Governmental Entity:

___ general environmental information about a product/service category;

___ analyze life cycle and multiple environmental attributes

___ analyze basic environmental performance characteristics for specific categories of products/

services

___ identify environmentally preferable product/service criteria for a given product category based 

on agencies' core environmental values

___ identify products/services in a given category that meet agencies' predetermined set of environ

mental performance criteria; and 

___ other (please specify:_____________________________________)

Please FAX BACK to: Eun-Sook Goidel at U.S. EPA 202 260-0178.

216

Appendix M
Appendix E EPP Case Study Template

Project Basics

• What does your agency/department/office

do? Where is it based?

• What, if anything, is unique about your

efforts to purchase environmentally preferable products and services?

• What were the motivating factors behind the

project? 

• What kinds of products and services are you

purchasing with environmental attributes in

mind? Do you focus on a particular group of

products or services? If so, why?

Implementation

• How have you incorporated environmental

attributes into the purchasing process? Did

you alter the established procurement process

in any way to accommodate environmentally

preferable products?

• What obstacles did you encounter (if any) in

incorporating environmental attributes into

the purchasing process? How were these

obstacles dealt with?

• Did you incorporate environmental attributes

into procurement specifications, standards, or

policies; requests for proposals; bid

announcements; manufacturer certifications;

etc.? (If so, please provide examples.)

Product and Service Evaluation

• How do you evaluate the products or services

you purchase that have environmental attributes? Do you rely solely on information provided by vendors, or have you developed

your own criteria or your own evaluation

system? 

• Do you consider more than one attribute

when evaluating a certain product (e.g., considering both recycled-content and bleaching

when purchasing paper products)? If so, how

do you go about taking multiple attributes

into consideration? 

• Are products or services that meet your environmental attributes priced competitively

with other comparable products or services?

Do you have a price preference for products

or services meeting your environmental criteria?

Vendor Reactions

• How do you inform vendors about your preference for products with environmental

attributes?

• Were vendors already providing environmental information before you requested it?

• How did vendors react to your request for

environmental attributes of their products?

Customer (End-User) Reactions

• Who has been most affected by the changes

brought about by your efforts to purchase

environmentally preferable products (i.e.,

procurement staff, other employees, contractors, citizens, end-users)? How have they

been affected?

• Have you attempted to inform or educate

your customers about products' environmental attributes? How?

• How have customers responded to the environmental information you provided? Are

you keeping track of their responses?

• Have customers been pleased with the performance of environmentally preferable products (especially when compared to products

that are not considered environmentally

preferable)?

Project Results

• How are you tracking/measuring the success

of your Environmental Preferable Purchasing

efforts? Have you been able to quantify your

success in terms of positive effects on the

environment?

217

Appendix M
Appendix M

• Have any cost savings resulted from the purchase of environmentally preferable products? How were these calculated?

• Do you think your experience with purchasing environmentally preferable products

could be valuable to others who purchase different products? 

• What are your future plans regarding the

purchase of environmentally preferable products? Do you expect to incorporate additional

attributes or examine other product categories? What are some of the opportunities

and challenges you foresee in expanding your

Environmental Preferable Purchasing efforts?

218
219

Model Facility—Civilian

Team/Group Award to:

U.S. Department of Transportation, U.S. Coast Guard Support Center

Pollution Prevention Committee, Elizabeth City, NC

Captain Joseph Bridger, III, Commander Michael Herring, Murray Chappell, Samuel Mickey, Sr.,

P2 Challenges and Successes at Support Center Elizabeth City

Team/Group Award to:

United States Postal Service, Ft. Worth District, Ft. Worth, TX

Charles Losasso, Stuart Pingelton, Ms. Ujwala Tamaskar

First Green Post Office

Team/Group Award to:

Department of the Interior, National Park Service/National Capital Region,

George Washington Memorial Parkway

Michael Wilson, Dottie Marshall, Richard Foster, Steven Doulis

Recyclable Wood Polymer Lumber Used for Raised Trail at Theodore Roosevelt 

Island (DC)

Model Facility—Military 

Team/Group Award to:

Department of Defense, NAS JRB New Orleans Environmental Department, Belle Chasse, LA

Mr. Marion Fannaly

Procurement through Disposal, NAS JRB New Orleans has made a difference

GREENING THE GOVERNMENT

CLOSING THE CIRCLE

Appendix N

1999 White House 

Closing the Circle Award Winners
Individual Award to:

Department of Defense, 341st Transportation Squadron, Malmstrom AFB, MT

Ssgt. Chad A. Pinkerton,

Innovative Solutions in Painting Operations

Team/Group Award to:

Department of Defense, U.S. Air Force, Air Combat Command, Seymour Johnson, 4th Civil 

Engineer Squadron

Donald Abrams, Emilee Blount, Dean Chastain, Ronald Heyden

F-15 Squadron Operation Facility, Seymour Johnson AFB

Individual Award to:

DoD, 415th Base Support Battalion, Kaiserslautern, Germany

Bob Ackley, 

415th Base Support Battalion’s Separation of Recyclable Trash (SORT) Program

Sowing the Seeds of Change—Civilian

Individual Award to:

General Services Administration, National Capital Region, Washington, DC

Albert Greene

Leading Pesticide Reform in Public Buildings

Team/Group Award to:

U. S. Postal Service, Dallas Purchasing and Materials Service Center, Dallas, TX

Donald Jones, Leonard Economou

Electronics Recycling for Sustainable Development

Sowing the Seeds of Change—Military 

Team/Group Award to:

DoD, Naval Facilities Engineering Service Center, Port Hueneme, CA

Lawrence Hill, Robert Fredrickson, Gary Gasperino, Ms. Doenee Moscato

Joint Service Pollution Prevention Technical Library

220

Appendix N
221

Appendix N

Waste Prevention Hazardous Waste—Military 

Team/Group Award to:

DoD, Marine Corps Base, Camp Lejeune’s Environmental Compliance Division, NC

Sam Gwynn, Robert Warren, Doug Pine

Camp Lejeune’s Waste Prevention Achievements

Team/Group Award to:

U.S. Army, United States Military Academy, West Point Environmental Division, NY

Joseph Shandling, Franklin Mills

U.S. Military Academy: “Stewards of the Castle”

Waste Prevention Hazardous Waste—Civilian 

Individual Award to:

U. S. Department of Energy, DOE-HQ Office of Pollution Prevention, Germantown, MD

Dr. J. Kent Hancock,

Visionary Leadership for the DOE Pollution Prevention Program

Waste Prevention Non-Hazardous Waste—Civilian 

Team/Group Award to:

Danville Recycling Team, VA Medical Center, Danville, Illinois

Patricia Edington, Sharon Williams, Diane Allison, and Trina Hyatt

Meeting the Challenge for the New Millennium

Recycling Non-Hazardous Waste—Civilian 

Team/Group Award to:

Department of Justice, Federal Prison Industries, Federal Correctional

Institution, Marianna and Elkton Computer Demanufacturing/Recycling

Joe McNeal, Diane Anthony, and Aaron Aragon

UNICOR Computer Demanufacturing/Recycling
Individual Award to:

Department of the Interior, Yosemite Lodge Deconstruction, Yosemite National Park

Mr. Kim Slininger,

Management of Deconstruction and Salvaging of Flooded Buildings

Team/Group Award to:

U.S. Postal Service and Macomb County, MI

Daniel Borninski, Robert Gray, Patrick Collins, and Robert MacDonald

U.S. Postal Service/Macomb County,MI Battery Recycling Program

Recycling Non-Hazardous Waste-Military 

Team/Group Award to:

Department of Defense, III Corps, Fort Hood Recycling Program, TX

Colonel Georgia Turner, Ms. Jaycee Turnquist, Laura Duncan

Recycling at Fort Hood

Individual Award to:

DoD, 11th Civil Engineer Squadron, Bolling Air Force Base, Washington, DC

Ms. Helen V. Walker,

“Think Globally, Act Locally; Let’s Kick Some Trash”

Recycling Hazardous Waste-Civilian 

Individual Award to:

United States Coast Guard, USCG Headquarters, Washington, DC

LT. Joyce Eileen Aivalotis, 

Advancement of Environmental Stewardship in Coast Guard Naval Engineering

Recycling Hazardous Waste-Military 

Individual Award to:

DoD, Administrative Support Unit SWA, Manama, Bahrain

Mr. Awni M. Almasri,

Used Oil Recycling and Wash and Reuse of Dirty Shop Towels

222

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223

Appendix N

Affirmative Procurement-Civilian 

Team/Group Award to:

U.S. Department of Energy, Richland Operations Office-Hanford Site, Richland, WA

Anna Beard, Janice Williams, Donna Merry

Affirmative Procurement Strategy

Individual Award to:

U.S. Department of Agriculture, Headquarters Procurement Policy Office, Washington, DC

J. R. Holcombe Jr,

Opening New Doors to Biobased Products

Individual Award to:

U.S. Department of Energy, DOE Headquarters, EM-77, Office of Pollution Prevention, 

Germantown, MD

Susan C. Weber,

Affirmative Procurement in the Department of Energy

Affirmative Procurement-Military 

Team/Group Award to:

Defense Logistics Agency, Defense Automated Printing Service, Fort Belvoir, VA

Lieutenant General Henry Glisson, Dr. Marshall Bailey, III 

DAPS Revamps Affirmative Procurement for 20% Recycled Paper

Team/Group Award to:

Department of Defense, U.S. Army Tank-Automotive and Armaments Command, Warren, MI

Agnes Holley, Dan Cottone, Brian McCutcheon, Bill Vantrease

Team Tire Retread Program
Environmental Preferability-Civilian 

Team/Group Award to:

U.S. Department of Transportation, Federal Aviation Administration William J. Hughes, 

Atlantic City International Airport, New Jersey

Armando Gaetano, James White

Alternative Method for Aircraft De-Icing

Environmental Preferability-Military 

Team/Group Award to:

U.S. Department of Defense, Navy Public Works Center, Pearl Harbor, HI

Commander David Mathias and Mr. Ralph Wakumoto

PWC Pearl P2 Process Improvements

Team/Group Award to:

U.S. Department of Defense, Environmental Management, McClellan AFB, CA

Philip H. Mook,

Alternative Fueled Vehicle Program

E. O. 12856 Individual Challenge

Individual Award to:

U.S. Army Department of Defense, Fort Campbell, Kentucky

Jerry W. Merryman,

Outstanding Leadership in Implementing Executive Order 12856 

at Fort Campbell, KY

224

Appendix N
225

Appendix N

1998-1995 White House 

Closing the Circle Award Winners

Model Facility Demonstration

1998: DOT and US Coast Guard Integrated Support Command, Honolulu, HI 

Hazardous Waste Pollution Prevention

DoD, U.S. Army Ordnance Center and School, Aberdeen Proving Ground, MD

Pollution Prevention and Affirmative Procurement Program

DoD, Marine Corps Recruit Depot, Parris Island, SC

Parris Island: Where the Difference Begins

1997: DOT/USCG USCG Air Station Cape Cod, MA

Cultural Change Reduces Waste, Increases Recycling & Protects Natural 

Resources

USPS, San Diego District 

Waste Reduction and Recycling

1996: Group Awards:

DoD Naval Amphibious Base Little Creek, Norfolk, VA

Willie Barnes, Jeff McAdoo, Terri Mostelle, Martin Costello

Waste Reduction Program 

TVA: Knoxville, TN; Muscle Shoals, AL; Chattanooga, TN

Gary Collins, Warren Behlau, Darlene Pierce, David Zimmerman, David Smith

Facilities Services Environmental Program

Facility: 

DOE, Amarillo, TX

Pantex Plant Model Facility
1995: Group:

United States Coast Guard Support Center, Governor’s Island, NY

Captain James D. Garrison, Chief Warrant Officer Frank E. Libby

Chief Warrant Officer William White, Storekeeper First Class William Thomas,

Yeoman Third Class W. Troy Sampson

Source Reduction Through Green Product Substitutions

Facility:

USPS, Vehicle Maintenance Facility, Hartford, CT

Environmental Compliance Model Vehicle Maintenance Facility Project

Sowing the Seeds of Change

Facility Awards:

1998: DoD, Air Force Center for Environmental Excellence, Brooks AFB, TX. 

The TXP3: The Nation’s Model P2 Partnering Venture

1997: DoD, Ogden Air Logistics Ctr., Environmental Mgt. Directorate, Hill AFB, UT.

Waste Prevention at Hill AFB

DOE Office of Pollution Prevention, EM-77, Washington, DC

Pollution Prevention in DOE Headquarters Operations

DoD, HQ ACC Civil Engineering, Langley AFB,VA

Air Combat Command Global Environmental Outreach

USPS, Headquarters, Washington, DC

Closed Loop Lobby Recycling Container

USPS, All Ohio Postal Service Facilities

Recycling Used Fluorescent Lamps

1996: DoD, Defense Logistics Agency Defense Supply Center Richmond, VA

Brenda T. Longest, Stephen J. Perez, Clifford A. Myers, Susanne Smith

Environmental Products (EP) Catalog

226

Appendix N
227

Appendix N

EPA/USPS 

Environmental/Recycling Hotline

GSA/EPA Region 4

Ms. Sandy Jones, J. C. Meredith

Buy Recycled Partnership Campaign

Individual Awards:

1998: DOE, Office of Energy Research, Germantown, MD 

Arnold M. Edelman

Achieving DOE Complex-wide Materials Exchange through Development of the 

DOE Complex-Wide Materials Exchange Web Site

1997: DOE, Office of Defense Programs, Office of the ADAS for Tech. and Env’l Support, 

Germantown, MD.

John Marchetti 

The Pollution Prevention Advisor (newsletter)

Recycling

1998: USPS, Greater Lansing Area Processing and Distribution Center, MI

Closed Loop Recycling Program at Lansing, MI P&DC

DoD, Tobyhanna Army Depot, Pennsylvania

Recycling Program at Tobyhanna Army Depot

HAZMAT: DoD, Wright-Patterson Air Force Base, Ohio 

USAF Radioactive Material Recovery and Recycling Program

1997: GSA Heartland Region, PBS, 6PMF, Kansas City MO

Heartland Region Recycling: Building on Success

DoD, Naval Air Station, Whidbey Island

Closed Loop Recycling

DoD, 375th Civil Eng Squadron/Environmental Flight, Scott AFB

Team Scott AFB Recycling Program
DoD, Naval Base, Pearl Harbor, HI

Recycling Center Operations & Direct Sales of Recyclable Materials

1996: Individual Awards: 

USPS, All Facilities

Charles Vidich, Chair, 

National Task Force on Undelivered Bulk Business Mail 

USPS, Merrifield, VA

Bill Christenson, 

Recycling Operations at the Postal Service Northern Virginia Vehicle Maintenance 

Facility, Merrifield, VA

Group Awards:

DoD, Marine Corps Recruit Depot, Parris Is, SC 

Timothy J. Harrington, Steven Chisholm, Thomas B. Woods

Parris Island-Where the Difference Begins

Veterans Administration, Denver, CO

Arnold L. Schultz, PhD, Noella B. Pregill, Kenneth Wederski, Robert G. Gibson, 

Susan L. Lucht

Recycling at the Denver DVA Medical Center

Facility Awards: 

DoD, All Texas Air National Guard Facilities

Adjutant General’s Department Pollution Prevention Program

DoD, U.S. Air Force

Team Grand Forks Recycling Program Grand Forks AFB, ND

1995: Individual:

DoD, Whiteman Air Force Base, MO

Scott J. Ammon 

Resource Recovery and Recycling Program

228

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229

Appendix N

Aransas National Wildlife Refuge Complex, TX 

Brent Giezentanner

Recycling at Aransas National Wildlife Refuge

Blue River Ranger Station, OR 

Chip Britting

Total Recycling at Blue River Ranger Station

Group:

DoD, Recycling Center, Fort Sill, OK

William S. Barwick, Thomas H. Tompson, Richard F. Null, James L. Murphy, 

James E. Mallow

Partnership Recycling at Fort Sill

DoD, Marine Corps Air Station, Cherry Point, NC

Don Perry, Dave Cooke, Ann Coppage

Recycling and Pollution Prevention

Facility:

HUD Building Operations Division, Washington, DC

Paper, Aluminum Cans, and Glass Recycling at HUD HQ

DoD, Lake City Army Ammunition Plant, Independence, MO

Lake City Army Ammunition Plant Recycling

Waste Prevention

1998: DoD, McClellan Air Force Base, California 

McClellan Air Force Base Pollution Prevention Efforts

1997: DoD, Marine Corps Recruit Depot, Parris Island, SC

Parris Island - Legacies Handed Down Forever

DoD, Naval Air Station, Lemoore, CA

Pollution Prevention Program at NAS Lemoore
1996: Individual: 

DoD, Army Ordnance Center and School, Aberdeen Proving Grounds, MD

Keith T. Katz,

Pollution Prevention Program

Group: 

USPS, Northeast Area Distribution Facilities at 28 Sites

Waste Minimization/Pollution Prevention Program

1995: Group: 

USPS Vehicle Maintenance Facilities 

(five facilities were combined by the judges into one group):

New Orleans, LA (1300 Florida Avenue); Anchorage, AK; Houston, TX; Edison, NJ 

and 25 USPS Vehicle Maintenance Facility sites in CT, RI, NY,,MA, ME, NH.

VMF Waste Reduction Program

Facility: 

NASA, Kennedy Space Center, FL

Hazardous Waste Minimization at Kennedy Space Center

DOE, Oak Ridge Y-12 Site, TN 

Cooling Tower Ozone Generation at Y-12 and Y-12 CFC and Halon Replacement 

Program

Affirmative Procurement

Facility Awards:

1998: DoD, Naval Station San Diego, CA

Affirmative Procurement Action at Naval Station San Diego

1997: DOT /USCG, US Coast Guard Yard, Baltimore MD

Designing a Hazardous Materials Management System

230

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231

Appendix N

DoD/DLA, Defense Supply Center Richmond, VA

Marketing of Re-Refined Oil

1996: USPS, Purchasing & Materials Service Center, Dallas, TX 

Purchasing Strategies

Group: 

DoD, McChord AFB Tacoma, WA

Mark A. Gable, Alice Hammontree, CAPT Wade Hader, Johnnie Shinn

TSgt. David Schumann 

Affirmative Procurement Program

USPS, Headquarters Washington, DC 

John Portell, David Sherer, Pete Steele, Frederick J. Hintenach, Bernie Denno

Affirmative Procurement Program, Paper and Paper Products

Individual:

1998: USPS, Purchasing Office, Windsor, CT

Pete L. Dolder

Boise Cascade Contract & Environmental Purchasing Task Force

1996: DOT/USCG Support Center Governor’s Island, NY

CWO Frank E. Libby, 

Green Buying Power: USCG Support Center Increases Market for 

Recycled Products

1995: National Naval Medical Center, Bethesda, MD 

Beth Law

Closing the Loop at NNMC
Group:

Environmental Protection Agency /GSA Region 5 - MN, WI, IL, IN, MI, OH

Paul Ruesch (EPA), Paula Ure (GSA)

Region Five Affirmative Procurement Outreach Program

Facility: 

USPS HQ, Washington, DC 

Closed-Loop Used Oil Recycling in the USPS

Environmental Innovation

Individual:

1998: DoD, Naval Construction Battalion Center, Port Hueneme, CA

Ms. Gail Pringle

Environmental Innovation

USPS, Dallas, TX 

William H. Hayen

Converting Undeliverable Mail to Compost

1996: USPS, Bulk Mail Center, St. Louis, MO 

Kenneth P. Philipak

Maintenance Free Forklift Batteries 

1995: DoD, Washington Army National Guard, Tacoma, WA

Captain Gordon Matthews

Solvent Reduction Program

232

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233

Appendix N

Facility:

1998: EPA, Urban and Economic Development Division, Washington, DC and 

HUD Office, Multifamily Housing Division, Baltimore, MD

Deconstruction of Riverdale: Construction Materials Reuse

DoD, Defense Intelligence Agency Services Group, Washington DC

Waste Not; Want Not

1997: GSA/EPA Federal Building 290 Broadway, NY, NY 10007 

Green Clean

TVA Facilities Services, Environmental & Safety Services

Sustainable Architecture 

1996: DoD/DLA Defense Distribution Depot, Susquehanna, PA Special Ops, Logistics Division, 

Wood Reclamation Center

100% Closed Loop wood/Fiberboard Recycling

DOE, Savannah River Site, Aiken, SC

Savannah River Site

1995: DOE, Savannah River Site, Aiken, SC 

White Office Paper Usage Reduction 

Group Awards:

1997: DoD, Space and Missile Systems, Wright-Patterson AFB, OH 

Environmentally Improved Space Launch Rocket Systems

EPA Office of Solid Waste, Crystal Station. VA. 

Innovative Applications of Compost

DoD/DLA, Defense Supply Ctr, Richmond, VA

Ozone Depleting Substances Reserve at Defense Supply Center
1996: DoD, ANG MATES, Camp Grayling, MI.

Keith Bobenmoyer, CW4 James Failing, SSgt David McLain

Environmental Innovation for Future Generations at Camp Grayling MATESLTC

1995: DoD, Army National Guard, Arlington VA

Colonel Philip W. Spence, Colonel Marylin Muzny, Joseph Cassanova, and Janine Guadagno

ARNG Pollution Prevention Program

Individual Challenge (E.O. 12856)

234

Appendix N

1998: DoD, Marine Corps Logistics Base, CA

Randall L. Spencer

USPS, Pacific area Unit, 

San Francisco, CA

Patrick Langsjoen 

DoD, U.S. Army Materiel Command,

Alexandria, VA

George H. Terrell 

1997: DoD, Naval Surface Warfare Center, 

Carderock, MD 

Mary Jo Bieberich

DoD, Naval Surface Warfare Center, 

Cranne, IN 

Cathy Andrews 

USPS, Northeast Area Office, 

Windsor, CT 

Ronald Robbins 

USPS, Portland, ME 

Russell P. Schaefer 

DoD, CPO, US Coast Guard

Richard Peri 

Dept. of Energy

Jane Powers 

DoD, Fort Sill, OK

Ronald Barrett 

USDA, Agricultural Research Center, 

Beltsville, MD

Arthur Benson 

DoD, Corpus Christ Army Depot, TX

Edward Cooper 

Lifetime Achievement

1997: U.S. Postal Service 

Charlie Bravo

1995: General Services Administration 

John L. Stanberry, Ph.D.