Environmental Considerations
Environmental Law and Executive Order 13101
The Resource Conservation and Recovery Act (RCRA) and Executive Order 13101 (entitled "Greening The Government Through Waste Prevention, Recycling, and Federal Acquisition" dated 14 September 1998), are primary documents that spell out the Government intent to improve its use of recycled products and environmentally preferable products and services.
The RCRA and Executive Order 13101 impact direction given to the A-E firm in the Performance Statement of A-E Services.
Resource Conversation and Recovery Act (RCRA)
Section 6002 of the RCRA directs the US Environmental Protection Agency to:
- Designate products that are or can be made from recovered materials and
- Recommend practices for "procuring agencies" to use when buying these items.
Section 1004(17) of the Act defines "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 the work performed under such contract."
Executive Order 13101
Executive Order 13101 establishes the process for designating recycled content products. The products are designated in the Comprehensive Procurement Guideline (CPG), which is revised approximately every two years.
- Published in the Federal Register
- Then codified in the Code of Federal Regulations (Title 10, Part 247)
Recommendations for purchasing these products are published in guidance documents known as Recovered Materials Advisory Notices (RMANs). These are issued in the Federal Register concurrently with the revision to the CPG (Also see website www.epa.gov/cpg.)
Construction products
Most of these products are purchased through construction contracts. It is important, therefore, that architect and engineer and construction contracts direct the contractors to identify and use these products, as appropriate:
- Building insulation products
- Laminated paperboard
- Structural fiberboard
- Carpet cushion
- Polyester carpet
- Cement and concrete containing coal fly ash and/or ground granulated blast furnace slag
- Flowable fill
- Latex paint
- Floor tiles
- Patio blocks
- Shower and restroom dividers and partitions
- Railroad grade crossings/surfaces
Effect upon A-E contracts
The A-E firms will be responsible for writing the plans and specifications for the construction contracts. The A-E firm must be aware which construction products are required to be materials that have been recycled, recovered, etc. Somewhere in the contract documents, this requirement must be stated.
Additionally, Executive Order 13101 requires any contractor submitting reports to print or copy those reports of 30 percent post consumer content paper. This applies to the A-E contract itself.