Date: December 8, 1999

Sunset Review: December 8, 2003

SUBJECT: Department of the Treasury Waste Prevention, Recycling, and Acquisition
 

1.    PURPOSE. This directive establishes policies and assigns responsibilities for complying with new Executive Order (E.O.) 13101, "Greening the Government Through Waste Prevention, Recycling, and Federal Acquisition."

2.    POLICY. The Department of the Treasury will increase the procurement and acquisition of recycled and environmentally preferable products and services to support its customers' requirements. The Department will implement cost-effective programs to reduce solid waste generation through maximum use of waste prevention and recycling techniques in Treasury's daily operations.

3.    RESPONSIBILITIES:

    a.    The Assistant Secretary for Management and Chief Financial Officer as the Agency Environmental Executive (AEE) is responsible for the establishment of the overall policy and guidelines to implement E.O. 13101 within the Department, as well as oversight of the environmental program and reporting to the Federal Environmental Executive (created by E.O. 13101).

    b.    The Director, Office of Procurement, has oversight responsibilities for the management and direction of the affirmative procurement program (APP) in accordance with Section 6002 of the Resource Conservation and Recovery Act, and Section 402(a) of E.O. 13101 and shall:

        (1)    develop the APP with input from senior bureau procurement representatives and evaluate its performance;

        (2)    modify the APP to include successful environmentally preferable products (EPP) and bio-based products as they become available;

        (3)    develop procedures for identifying and correcting program compliance weaknesses through management reviews, internal control reviews and other appropriate means; and

        (4)    ensure that all contracts for contractor operation of a Government-owned or leased facility, meet the requirements of Section 701;

        (5)    provide a representative on the various committees and work groups established to support the Federal Environmental Executive.

    c.    The Director, Office Real and Personal Property Management (ORPPM), has oversight responsibilities for the management and direction of the waste prevention and recycling programs, and shall:

        (1)    develop the program and evaluate its performance; and

        (2)    develop procedures for identifying and correcting program compliance weaknesses through management reviews and internal control reviews.

    d.    The Departmental Environment and Energy Programs Officer, ORPPM, under general guidance of the Director, ORPPM, shall:

        (1)    provide program support to the Assistant Secretary for Management and Chief Financial Officer in implementing the requirements of the waste prevention and recycling laws and this directive;

        (2)    conduct oversight activities to assure that an effective waste prevention and recycling programs are implemented throughout the Department;

        (3)    represent the Treasury on the various committees and work groups established to support the Federal Environmental Executive;

        (4)    assist in resolving waste prevention, recycling and affirmative procurement related problems associated with Departmental actions, activities or programs;

        (5)    develop and administer a Departmentwide annual award program to reward its most innovative programs; and

        (6)    coordinate the annual submission of the waste prevention, recycling and affirmative procurement reports to the EPA and the Office of Management and Budget (OMB).

    e.    The Deputy Assistant Secretary (Administration), Heads of Bureaus, the Inspector General for Tax Administration, and the Inspector General, as it relates to their respective bureaus and offices, shall (Note: all sections listed below pertain to E.O. 13101 unless otherwise stated):

        (1)    implement a program to ensure compliance with E.O. 13101 and all Federal, State and local recycling laws and the requirements of the Solid Waste Disposal Act, Public Law (Pub.L.) 89-272, 79 Stat. 997, as amended by the Resource Conservation and Recovery Act (RCRA), Pub.L. 94-580, 90 Stat. 2795 (1976) as amended;

        (2)    designate a senior bureau official to serve as Bureau Environmental Executive (BEE) with responsibility for the areas described in Section 302 including, but not limited to, development of bureau plans in support of the Governmentwide Strategic Plan.

        (3)    report to the Director of the Office of Procurement the bureau's estimate of purchase of biobased products within one year of the Department of Agriculture's (USDA) publishing a product on the USDA biobased list as required by Section 302(b)(6);

        (4)    bureaus are encouraged to test and evaluate EPP through pilot projects at their facilities under Sections 503(b) and 503(b)(2) and notify the DEE of successful pilot products so that the information may be shared with other bureaus;

        (5)    establish a program to ensure that all purchases of printing and writing paper meet the minimum recovered materials content standards of Section 505;

        (6)    consider recovered materials and EPP criteria when developing or revising standards as required by Section 501 and report annually to the DEE on compliance with this section;

        (7)    if inconsistencies between bureau issued standards and specifications and RCRA 6002 exist, submit a plan to address the inconsistency within 60 day of discovery; if unable to address the inconsistency with 60 days, monitor and implement a plan for revising it per Sections 501(a) and (b);

        (8)    identify, evaluate, and revise or eliminate standards and specifications unrelated to performance in the purchase of paper as required by section 506

        (9)    implement a program for the purchase of re-refined oil and retread tires as required by RCRA 6002, 40 CFR 247, and Section 507(a);

        (10)    establish a goal for solid waste prevention and a goal for recycling or a goal for solid waste diversion to be achieved by 2000, 2005 and 2010 as required by Section 601 (Note: EPA has established a national recycling goal of 35 percent by 2005; bureau goals should at least meet the national goal.);

        (11)    establish or expand existing recycling programs to include the items listed in Section 601(a)(2);

        (12)    set goals for the increased procurement of products with recovered material content and EPPs as required by Sections 601 (b) and (c);

        (13)    should integrate the above goals into their annual performance plans under the Government Performance and Results Act as encouraged by Section 601(d);

        (14)    ensure that, the requirements of Section 702 regarding space management are met;

        (15)    develop a program for the retention and management of the proceeds from the sale of materials recovered through waste prevention and recycling in accordance with Section 703 (b);

        (16)    implement a model facility program demonstration program for EPP and bio-based products in accordance with Section 704;

        (17)    implement cost effective waste prevention and recycling programs of reusable materials at its facilities to meet the requirements of Section 705; and

        (18)    designate a recycling coordinator for each of its facilities to meet the requirements of Section 705(a)(2);

        (19)    consider cooperative ventures with state and local governments as required by Section 705(b);

        (20)    develop a training and awareness program to meet the requirements of Section 801(b); and

        (21)    develop an internal bureau-wide awards program to meet the requirement of Section 802;

4.    DEFINITIONS. All definitions pertinent to this Directive may be found in E.O. 13101. A copy of the E.O. is available on the Federal Environmental Executive website at: www.ofee.gov.

5.    REPORTING REQUIREMENTS.

    a.    To comply with the E.O. 13101 Sections 302(a)(2) and 601(e) reporting requirements, a biennial report shall be submitted by the BEE of bureau-wide waste reduction, recycling and affirmative procurement program activities to the DEE. This report shall contain:

        (1)    information from bureau recycling and affirmative procurement activities from the previous two fiscal year in accordance with OMB requirements as set forth in the call letter;

        (2)    a tracking of the agency's purchases of EPA designated guideline items and a report of the agency's purchases of such guideline items to the DEE.

        (3)    the progress made toward the waste reduction and recycling goals.

    b.    BEE shall annually report the required information on standards and specifications as required by Section 501.

    c.    Report to the DEE the goals established to meet Section 601 within 90 days of the effective date of this Treasury Directive.

    d.    BEE shall also report waste prevention and recycling projects as required by Treasury Directive 75-06.

6.    AUTHORITIES.

    a.    E.O. 13101, "Federal Recycling, Acquisition, and Use of Environmentally Preferable Products and Services," dated September 14, 1998, available at: www.ofee.gov.

    b.    Solid Waste Disposal Act, Pub.L. 89-272, 79 Stat. 997, as amended by the Resource Conservation and Recovery Act ("RCRA"), Pub.L. 94-580, 90 Stat. 2795, as amended (42 U.S.C. 6901-6907), and Section 301 of Title 3, United States Code.

7.    REFERENCES.

    a.     40 CFR 247 "Comprehensive Procurement Guideline for Products Containing Recovered Materials."

    b.    Office of Federal Procurement Policy (OFPP), Policy Letter 92-4, "Procurement of Environmentally-Sound and Energy-Efficient Products and Services."

    c.    EPA Guide, "Developing a Comprehensive Federal Office Recycling Program," EPA, October 1990.

    d.     TD 75-06, Prevention, Control and Abatement of Environmental Pollution.

    e.     "Strategic Plan:  To Implement E.O. 13101" available at: www.ofee.gov.

8.    OFFICE OF PRIMARY INTEREST. Office of Real and Personal Property Management, Office of the Deputy Assistant Secretary (Management Operations), Office of the Assistant Secretary for Management and Chief Financial Officer.