00
1-94
07
&EPA
United States
Environmental Protection
Agency
Office of Federal Facilities
Enforcement
Washington, DC 20460
April 1994
EPA 300-B-94-007
Pollution Prevention
in the Federal Government:
Guide for Developing Pollution
Prevention Strategies for
Executive Order 12856 and Beyond
Recycled/Recyclable
Printed with Soy/Canola Ink on paper that
contains at least 50% recycled fiber
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Pollution Prevention
in the Federal Government:
Guide for
Developing
Pollution
'- v;^;;V;;;;:;'--:. Prevention
Strategies for
Executive
Order 12856
and Beyond
,, " . . . federal facilities will set the
: , ' example for the rest of the country
:, }V;: arid become the leader in applying
; pojlutipo prevention to daily
, v ;0perations^ purchasing decisions
and policies. . . By stopping
pollution at its source, the federal
government can make a significant
contribution to protecting the
: public health and our
President Bill Clinton
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This document was prepared by the Office of Federal Facilities Enforcement
(2261) in cooperation with the Office of Pollution Prevention and Toxics (7401).
Consulting assistance was provided by Stretton Associates, Inc. Design and layout
are by Free Hand Press.
For additional copies of this document, please contact:
Pollution Prevention Information Clearinghouse
U.S. EPA (3404)
401 M Street SW
Washington, D.C. 20460 v. \ -
N ^ , . '-'
Tel: 202-260-1023 ' , / - "
Fax: 202-260-0178 ' . . " ' —
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Table of Contents
Executive Summary
I. Overview
Purpose of This Document 1
Goals and Objectives 2
Defining Pollution Prevention 4
New Executive Orders Relating to Pollution Prevention 8
II. Strategies for Prevention:
The Government's Role in Setting Policies and Regulations
Introduction 12
Agency Pollution Prevention Strategies 12
Facility Pollution Prevention Plans 16
Awards and Challenge Programs 17
Federal Agency Coordination 18
Setting an Example: EPA's Pollution Prevention Strategy 21
III. Using Purchasing Power to Prevent Pollution:
The Government's Role in Acquisitions
Introduction 25
Tools for Making Decisions 25
Acquisitions 26
IV. Managing for Prevention:
The Government's Role as Generator and Facility Manager
Introduction
Toxic Chemicals. TRI Reporting and Reduction Requirements
Energy Efficiency 3-J
Solid Waste Reduction and Recycling 36
Other Prevention Activities 36
V. Demonstrating Federal Leadership:
The Government's Role in Pollution Prevention R&D and Tech Transfer
Introduction 38
Current R&D and Tech Transfer Programs 39
VI. Conclusion -H
Appendices
A Resources
B Executive Order 12856
C Executive Order 12873
I) Executive Order 12902
E Executive Orders 12843, 12844, 12845
F DOD Policy Statement
G CEQ Guidance to Federal Agencies
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Pollution Prevention in the Federal Government
Executive Summary
The federal government plays a crucial
role in shaping the direction of environ-
mental action through its multitude of poli-
cies and programs. Ultimately it has a major
influence on the environmental choices and
actions taken daily by people throughout
society. Incorporating pollution prevention
into the federal government's decision-
making processes is a key challenge in
addressing the environmental agenda of the
1990s and beyond.
Pollution prevention offers a cost-effective
means of meeting environmental objectives in
an era in which federal facilities are subject to
stricter levels of regulation, greater public
scrutiny of their environmental records, and
tighter budgetary constraints. Indeed, the
costs of failing to prevent pollution in the
federal sector have become dramatically
evident; in some cases, cleanup costs are
estimated in the hundreds of billions of
dollars. Pollution prevention is a strategy that
meets the needs of the present while laying
the groundwork for a cleaner future.
This document sets forth a framework to
guide the development of pollution preven-
tion strategies by each agency in the federal
government, in the context of several execu-
tive orders related to federal environmental
responsibilities that were signed by the
President in 1993. The new executive orders
place federal agencies in a visible and active
position in several ways. They require the
government to set prevention-related goals —
for acquisitions, emission reductions, and
solid waste prevention and recycling. They
establish timetables for achieving the goals
and an intergovernmental structure to pro-
mote implementation. Finally, they bring the
federal government under the rubric of the
environmental "right-to-know" provisions that
have placed the United States at the forefront
of environmental progress worldwide.
Armed with a clear sense of direction and
specific goals to be achieved, federal agencies
will be better able to assume a leadership role
in promoting pollution prevention and serve
as models for effective environmental action.
This document reviews the requirements and
possibilities for federal agency action, in each
of four roles in which the government can
make a significant impact.
1. The government as policy
maker and regulator.
Through policies, education, regulations, and
enforcement, the federal government can
exert a significant influence and motivate
change across all sectors of society (e.g.,
industry, agriculture, energy, transportation,
consumers, etc.). Coordination across agen-
cies is a key element in promoting pollution
prevention in the federal government. Topics
covered in this section of the document
include the following:
Agency Strategies: Executive Order 12856
requires federal agencies to develop written
pollution prevention strategies by August
1994. Each federal agency strategy must
include a pollution prevention policy state-
ment incorporating source reduction in
facility management and acquisition pro-
grams; outline plans for compliance with the
requirements of the executive order; and
designate an individual responsible for
coordinating pollution prevention efforts.
oEPA Pollution Prevention in the Federal Goivrtimenl
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Facility Plans: Also under Executive Order
12856, federal facilities must develop pollu-
tion prevention plans by the end of 1995.
Such plans should include a detailed assess-
ment of pollutants generated by the facility,
an analysis of pollution prevention opportu-
nities and options, and procedures for imple-
menting and evaluating pollution prevention
measures.
Environmental Review: Under the National
Environmental Policy Act (NEPA) and section
309 of the Clean Air Act, EPA must review
and comment on certain major federal ac-
tions. EPA will encourage federal agencies to
begin consideration of pollution prevention
concepts and approaches as early as possible
in the planning process for major actions.
EPA and other federal agencies will continue
to strive for the inclusion of pollution preven-
tion considerations into all reasonable alter-
natives analyzed in environmental impact
statements and environmental assessments.
Awards and Challenge Programs: To
provide encouragement for active agency
involvement in pollution prevention, Execu-
tive Ordeal2856 directs EPA to establish a
Federal Government Environmental Chal-
lenge Program to recognize and reward
outstanding environmental management
performance in federal agencies and facilities.
Under the program, federal agencies will
agree to sign onto a code of environmental
principles emphasizing pollution prevention,
sustainable development, and "beyond
compliance" environmental management
programs; individual federal facilities may
also submit applications to EPA for recogni-
tion as "Model Installations." Executive Order
12873 also authorizes award programs in
recognition of innovative environmental
programs and model installations.
2. The government as a
consumer and purchaser of
goods and services.
The U.S. Government is the nation's single
largest consumer of goods, products, and
services. Through all stages of decision-
making in the acquisition process, the
government can help create markets for
environmentally acceptable products and
technologies, and encourage the use of
cleaner, less toxic products and materials
in other sectors of the economy as well.
Federal leadership in demonstrating and
purchasing innovative technologies can
spur competition, create business and
employment opportunities, and enhance
local and regional economies.
Products with Toxic Chemicals: Under
Executive Order 12856, each federal agency
must establish a plan and goals for eliminat-
ing or reducing the unnecessary acquisition
of products containing extremely hazardous
substances or toxic chemicals. The plan
should encompass products that the federal
agency manufactures, processes, and uses.
Each federal agency must also review its
specifications and other standardized docu-
ments, and identify opportunities to eliminate
or reduce the acquisition of extremely haz-
ardous substances or toxic chemicals. The
review of these documents must be con-
ducted by August 3. 1995, with appropriate
revisions completed by 1999.
Environmentally Preferable and Recycled
Products: Executive Order 12873 serves as a
ii
Pollution Prevention in the Federal Government oEPA
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signal to federal agencies to buy more prod-
ucts containing recovered materials or consid-
ered environmentally preferable. Increasing
the demand for these products sets off a
positive chain reaction — increasing the
demand for recycling programs and reducing
the amount of trash to be disposed of, as
well as increasing the use of products and
services which involve less damage to the
environment. Federal agencies must also
review and revise specifications and product
descriptions and standards to promote the
acquisition of environmentally preferable
products and products made from recycled or
recovered materials.
Other Products: Other executive orders
cover the acquisition of other types of prod-
ucts that have environmental implications.
Under Executive Order 12843, federal agen-
cies must begin immediately to minimize the
acquisition of the most potent (Class I)
ozone-depleting substances and to maximize
the use of safe alternatives. Energy efficiency
in the workplace will be enhanced by Execu-
tive Order 12845, which directs the federal
government to purchase only Energy Star
computer equipment, which saves energy by
automatically entering a low-power, standby
state when inactive. Executive Order 12844
commits the federal government to accelerate
its existing schedule of purchasing alternative
fuel vehicles, with an additional purchase of
11,250 vehicles by FY 1995.
3. The government as a
t generator of pollution and
a manager of facilities.
According to the General Services Administra-
tion, there are over 350,000 federal buildings.
approximately 27,000 installations on more
than 700 million acres of public land. The
number of federal facilities of potential
environmental concern is enormous. If
federal agencies are to become leaders in
pollution prevention, their environmental
management practices must emphasize
pollution prevention through source reduc-
tion in the day-to-day business of all federal
facilities.
Toxic Chemicals: Under Executive Order
12856, federal facilities that manufacture,
process, or use toxic chemicals are now
required to publicly report their wastes and
releases under the Emergency Planning and
Community Right-to-Know Act. The first of
the Toxic Release Inventory (TRI) reports are
due on or before July 1, 1995, covering the
1994 calendar year. Agencies with facilities
that meet the TRI reporting requirements
must develop goals to reduce total releases
and off-site transfers of TRI toxic chemicals
by 50 percent by the end of 1999. Facilities
must develop plans to contribute to the
agency goal. To the extent practicable, the
reductions should be achieved by source
reduction practices, in preference to other
strategies such as recycling or treatment.
Federal agencies that do not meet the report-
ing threshold for any TRI chemicals are
encouraged to set reduction goals for other
pollutants that they generate.
Energy and Water Use: Under Executive
Order 12902, federal agencies are directed to:
(1) reduce overall energy use in federal
buildings by 30% by 2005 from 1985 energy
use levels; (2) increase overall energy effi-
ciency in industrial federal facilities by 20%
by 2005 using 1990 as the baseline year:
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(3) minimize use of petroleum products at
federal facilities by switching to a less-
polluting alternative energy source such as
natural gas or solar and other renewable
energy sources; (4) designate one major
building as a showcase for energy or water
efficiency; and (5) purchase products in the
upper 25 percent of energy efficency, when-
ever practicable and cost-effective; and (6)
conduct audits and prioritization surveys on
all facilities.
Solid Waste Prevention and Recycling:
Executive Order 12873 provides a boost to
federal agency efforts to prevent the genera-
tion of waste at the source and to institute
aggressive recycling programs. Each agency
must establish a goal for solid waste preven-
tion and a goal for recycling, to be achieved
by 1995. An annual report on progress in
achieving these goals is required as well.
4. The government as an
advocate for technology
through research and
development and
technology transfer.
Through policies and programs that conduct
and support research and development and
technology transfer to prevent pollution, the
federal government can affect all sectors of
society. By harnessing the capabilities of the
federal laboratories, the government can
work with industry to accelerate the flow of
pollution prevention technologies to the
national and international marketplace.
In developing their pollution prevention
strategies, federal agencies should be cogni-
zant of the large number of ongoing
projects, in such areas as methods develop-
ment, technology development and evalua-
tion, assessments and demonstrations,
technical assistance and technology transfer,
and commercialization. Federal agencies
should build on these projects rather than
duplicating them. Current projects can serve
as a framework for cooperative efforts and
for developing new applications of pollution
prevention methods and technologies. In
addition, federal agencies should be aware
of the technical and information assistance
available from EPA in developing their
pollution prevention R£D and technology
transfer activities.
Through their many programs, policies,
and acquisition decisions, federal agencies
are in a strategic position to make pollution
prevention the dominant approach to solving
environmental issues in our society. Working
cooperatively with departments and agencies,
EPA hopes to advance pollution prevention at
all levels of the government, signaling a new
era in federal responsibility and innovation in
environmental protection.
IV
Pollution Prevention in the Federal Government S-EPA
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I. Overview
Preventing pollution is one of the federal
government's top environmental priorities. The
new emphasis on pollution prevention has
been spurred by the magnitude and serious-
ness of the environmental risks that remain in
the 1990s, the limitations of end-of-pipe
pollution controls, and our growing under-
standing of the complexity of ecological
systems.
As President Clinton noted in signing a new
executive order for the federal government on
pollution prevention:
"... federal facilities will set the
example for the rest of the country
and become the leader hi applying
pollution prevention to daily opera-
tions, purchasing decisions and
policies. In the process, federal facili-
ties will reduce toxic emissions,
which helps avoid cleanup costs and
promotes clean technologies."
The federal government's role in promoting
pollution prevention is significant. Federal
agencies play a crucial role in shaping the
direction and focus of our nation's policies and
programs. Ultimately the government can have
a major influence on the day-to-day choices
and actions undertaken by businesses and
households. Federal participation is key to
changing the central premise of environmental
protection from treatment and disposal to
pollution prevention.
Pollution prevention offers a cost-effective
means of meeting environmental objectives in
an era in which federal facilities are subject to
stricter lex els of regulation and control, to
greater public scrutiny of their environmental
records, and to tighter budgetary constraints
Indeed, the costs of failing to prevent pollution
in the federal sector have become dramatically
evident; in some cases, cleanup costs are
estimated in the hundreds of billions of dol-
lars. Pollution prevention is a strategy that
meets the needs of the present while la\ ing
the groundwork for a cleaner, less costly
future.
1. Purpose of This Document
This document sets forth a framework to
guide the development of pollution prevention
strategies by each agency in the
federal government. It explains the
context of legislation, policy, and
federal activity in the pollution
prevention area, outlines goals and
objectives, and summarizes pro-
grams, tools, requirements, and
resources that comprise the
building blocks for federal
action in pollution preven-
tion. Central to such action is
the implementation of a num-
ber of executive orders signed by
the President in 1993 and 199-i that relate to
federal environmental responsibilities. Armed
with a clear sense of direction and specific
goals to be achieved, federal agencies can
assume a leadership role in promoting pollu-
tion prevention and in serving as a model for
effective environmental action.
The new executive orders place federal
agencies in a visible and active position in
several ways. They require the government to
set prevention-related goals — for acquisition,
emission reductions, and solid waste
V»EPA Pollution Prevention in the federal Government
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prevention and recycling. They establish a
timetable for achieving the goals and an
intergovernmental structure to promote imple-
mentation. Finally, they bring the federal
government under the rubric of the environ-
mental "right-to-know" provisions that have
placed the United States at the forefront of
environmental progress worldwide.
This document is built around the
executive orders and illustrates
how they form the foundation of
pollution prevention in the
federal government. These do
not, however, constitute all the
requirements incumbent on federal
agencies; the executive orders and
EPA's interpretive guidance documents should
be consulted.
The provisions of the executive orders,
while ambitious in themselves, should not be
taken as the sum total of federal agency action
in the pollution prevention field. EPA encour-
ages federal agencies to think broadly about
their missions and activities and to find inno-
vative ways to prevent pollution, both in their
own activities and in the multiple interactive
effects their activities have on other segments
of society.
This document also reflects an ongoing
process of negotiation and discussion be-
tween EPA and other federal agencies over
the last several years on pollution prevention
topics. In the last few years, EPA negotiated
specific pollution prevention agreements and
policies with the Department of Energy and
the Department of Agriculture. The process of
negotiating these agreements helped both
EPA and the other agencies determine what
types of actions are feasible and what goals
can reasonably be attained. Much of that
understanding is embodied in the executive
orders signed in 1993 and 1994.
Early drafts of this document were re-
viewed and commented on by other federal
agencies. However, in order to make this
document available in 1994 — during the
time period in which federal agencies are
required to develop written strategies of their
own — this updated document has not been
subject to formal approval or adoption by
federal agencies other than EPA. Also in the
interests of time and accuracy, most of the
programs, resources, and tools listed in this
document are limited to EPA activities,
despite the growing number of publications,
tools, and initiatives being developed else-
where in the federal government and the
private sector.
This overview sets the stage by setting
forth goals and objectives for the federal role
in pollution prevention. It provides a work-
able definition of pollution prevention and
describes the major programs that serve as
models or frameworks for federal pollution
prevention initiatives.
2. Goals and Objectives
Pollution prevention must become a part of
the environmental ethic at every level of the
federal government. Government personnel
should build environmental considerations into
their daily decision-making processes, pro-
grams, and policies, in much the same way
that economics has become a fundamental and
integral component of all government plan-
ning and decision models. As prevention
becomes more widely understood and imple-
mented, it will be advocated not only for its
environmental benefits but also for its eco-
nomic benefits
The following is an overall goal statement
that embodies this vision:
Pollution Prevention in the Federal Government oEPA
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Goal To establish the federal government
as the national leader in implementing
pollution prevention policies and practices
across all missions, activities and functions
in order to promote the sustainable use of
natural resources and protect the environ-
ment and human health.
The federal government has an enormous
potential to promote pollution prevention.
There are four primary roles in which the
government can make a significant impact:
*' the
^th«! national
^^ pollution
i0 and practices
,,_i:;;,ttv^;,:^^s^ and
"S:-?tv;>':fl^^ the
X^rEPA Pollution Prevention in the Federal Government
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Federal
intuit prevention
Federal Government
Regulator/
Policy Maker
Large
Purchaser
& Consumer
Major
Industry/
Generator
Technology
Transfer
4. The government as an advocate for
technology through research and devel-
opment and technology transfer.
Through policies and programs that support
research and development and technology
transfer, the federal government can pro-
mote pollution prevention across all sectors
of society. By harnessing the capabilities of
the federal laboratories, the government can
work with industry to accelerate the flow of
pollution prevention technologies to the
national and international marketplace.
Objective: To develop technical solu-
tions and foster technology transfer
among federal agencies and between the
public and private sectors with the aim
of addressing pollution prevention needs
and enhancing United States competitive-
ness in markets for goods and services
that are environmentally preferable.
Each of these objectives is discussed in a
separate chapter in the rest of this document.
3. Defining Pollution Prevention
Under Executive Order 12856, pollution
prevention means "source reduction," as that is
defined in the Pollution Prevention Act of
1990. as well as 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 (Section
6603) 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 (includ-
ing fugitive emissions) prior to recy-
cling, treatment, or disposal; and
^ Reduces the hazards to public health
and the environment associated with
Pollution Prevention in the Federal Government oEPA
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Exhibit
Chronology of Pollution Prevention Policies, Legislation, Regulation
September 1990 Science A«h?feorf Botodl fejibtt *&$&,> for pollution preventiott
November 1990
January 1991
In this influential
tection (Washington,
recommendation thatv
reducing risfc,"'*The
pay for themselves' •q
Western Europe are',
als so efficiently/* •
^, EPA's Science Advisory Board stated- as a major
pollution -prevention; us the preferred option for
r6|>QA-rjiittei'''pbiftt^'dAtthat- "some pollution prevention techniques ... can
considerations, One reason that Japan and
-6c6ri6r^ic°cbMpe'titors is that they use energy and raw materi-
Pollution:
Congress afflriBed4ts'-ccw^rfter|tM4'-|\iew approach-to improving environmental quality by
passing this" tegiMato|i>x€^hgfes'-#e#o^r)i!£e The'goal -was to'reduce releases of these 17
chemicals in the aggregate, lrortt-,J.'4 feillipft" potmds in 1988 to 700 million pounds in 1995 — a
50 percent reduction. Ali;'lnt6rtpi\gO8l'was to-achieve a 33 percent reduction by the end of
1992; that interim goal .was''actually achieved by, 199JL To date, over-1000 companies have
committed to an average-reductipn of $0*-percent by 1995, for an overall reduction commit-
ment of over 315 million- pounds.,./ - V •- -.. ^^
the release of such substances,
pollutants or contaminants.
The term includes: equipment or technology
modifications, process or procedure modifica-
tions, reformulation or redesign of products,
substitution of raw materials, and improve-
ments in housekeeping, maintenance, training,
or inventory control.
Under the Pollution Prevention Act,
recycling, energy recover}7, treatment, and
disposal are not included within the definition
of pollution prevention. However, some
practices commonly described as "in-process
recycling" may qualify as pollution prevention.
Examples might include solvent recycling or
volatile organic recovery. Recycling that is
conducted in an environmentally sound
manner shares many of the advantages of
prevention — it can reduce the need for
treatment or disposal, and
conserve energy and
natural resources.
The Pollution Prevention
Act established a new
environmental management
hierarchy as national
policy. This hierarchy, also
oEPA Pollution Prevention in the Federal Government
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Chronology of Pollution Prevention Policies, legislation. Regulation (Continued)
October 1991
1992
("Federal Eaergy Management'') signed .
This order direct all federal -agencies,, aroong" oth^0&sgs'f to seduce 'their 'energy use and
increase energy efficiency by atlea&t 2Grdtoating- establishmejnt of ^ coordinated research, technology
development, ai^d technology transfer system that supports production practices that protect
and enhaAce^e; environment; (3) inipfe«ientatiort'Of~a compreheasive marketing strategy to
promote-vol)intaty|K)!h|tiotj prevention^ andt4) streUgtiherdftg of the working relationship be-
tween EPA and-VSpAJn order^to provkte:a Uft^fed force (m- positive change in the area of
agricultural pollution prevention, ' ' "> /''-.,'/ '
incorporated in Executive Order 12856, calls
for the following:
^ Pollution should he prevented or reduced
at the source whenever feasible;
^ Pollution that cannot be prevented
should be recycled in an environmen-
tally safe manner whenever feasible;
^ Pollution that cannot be prevented or
recycled should be treated in an
environmentally safe manner when-
ever feasible; and
^ Disposal or other release into the envi-
ronment should be employed only as a
last resort and should be conducted in
an environmentally safe manner.
Pollution prevention approaches can be
applied to pollution-generating activity across
virtually all sectors of society, including
energy, agriculture, the consumer sector, and
the federal government.
As the Preamble to Executive Order 12856
states: "the environmental, energy, and
economic benefits of energy and water use
reductions are very significant; the scope of
innovative pollution prevention programs
6
Pollution Prevention in the Federal Government oEPA
-------
Chronology of Pollution Prevention Policies, Legislation, Regulation (Continued)
September1392 Policy JHftt$h%
Y - Y • ' - - Reflecting.an Agreement ^
' • . - commits; DOE to pi»tetcfpiteY|ri.
.; /-InyeiJtoryXiTi
Y *'- •"• • '' • " I«K- 3 *y~?~?) & xv p>
.'Y, • •'' , ' •'' -/',few%Required to:i
directive
y'Toxics? Itelease
:i^w^to,scjh^hs, fc^ tRe, end.of
5o<4rf':lrt|iati''r9Juritary;TBI- re- •
sy'tfte end of
torfiw:ye^msfter-JRI report-,
: rt'e'law gives a maof boosttfo'«^'r^,€|cfena^4*fte':aecess:4o and' transmission-
services;; -
__«nariB*M^=--;i._-/:..;*';: Y
•Y _ -In the President's Earth Day 'speech,, three- ej^cuti^e ordeis were.signed,
-------
Chronology of Pollution
August 1993
October 1993
March 1994
Executive
Pollution,
This order
Emergency-;Plai
develop a
tion, generation^
Executive
This order
achieved by
guideline items
and expedite
high-level
rectives,
standards for printing arid
(Continued)
-to-Know laws and
$Bd''-repQ,tting, provisions of the
Prevention Act, to
the acquisi-
recycling to be
for all designated EPA
preferable products
eofitertt. The Order establishes
implementation of the di-
minimum recycled content
>nat
Execut
Federal' tuMpwreaf ,/;^*g*|.icw 4jan*»,;tsi^,«f» *
This order iequtr£s;a^«efe'^^ increasing energy
efficiency, auditittg^ifi^if.fi^liMfe-.fritt-^^afM: afid^wajiSf; ps^f p«fchf sing energy-efficient prod-
A i ' •• '* * ** . ^% '"•""* s. v '% ,<' ", "'' "''/"'' •s'!f'\^' '"•••%. ''i,'^ <^''*' '^''« •.-•'''v^' '•• "l s ''' •;
ucts, increasijag;\tife»«^itf'S3||f'-4^;<^^!I^!*;^^ designating a "show-
case" facility,*'and rniniwfe'tf
4. New Executive Orders
Relating to Pollution
Prevention
Over the last five years, pollution prevention
has become the preferred environmental strategy
and a central focus for environmental efforts in
the Congress, at EPA, and
elsewhere. Exhibit 1 on these
pages provides an anno-
tated list of major pollution
prevention milestones in
policies, legislation, and
regulations. This
section reviews six
executive orders related
to pollution prevention and
waste prevention that were signed in 1993
and 199-4 These orders (included as appendices
to this document) form a framework for pollu-
tion prevention activities by federal (executive)
agencies in the next decade.
4.1 Executive Order 12856: Pollution
Prevention & Right-to-Know
One of the most important milestones in
federal pollution prevention activities was the
signing of Executive Order 12856 ("Federal
Compliance with Right-to-Know Laws and
Pollution Prevention Requirements") in
August 1993. This order is expected to serve
as a central directive to federal agencies on
pollution prevention over the coming years.
Exhibit 2 (see page 9) presents a timeline of
its major requirements. The full executive
order is included as Appendix B to this
document. Executive Order 12856 requires
federal agencies to develop written pollution
8
Pollution Prevention in the Federal Goi'erunient EPA
-------
prevention strategies and facility-specific
plans, and to set goals for eliminating the
acquisition, manufacturing, processing, or
use of toxic chemicals and extremely
hazardous substances.
Under Executive Order 12856, federal
agencies must comply with the planning and
reporting provisions of the Emergency Plan-
ning and Community Right-to-Know Act
(EPCRA) and the Pollution Prevention Act.
Section 313 of the Emergency Planning and
Community Right-to-Know Act established the
Toxic Release Inventory (TRI) and requires
certain manufacturers to report annually to
EPA on whether they manufacture, process,
or otherwise use any of over 300 toxic chemi-
cals, and if so, the amounts of the chemicals
involved. Under Executive Order 12856, the
TRI reporting framework will now be ex-
tended to federal facilities (see Chapter 4 for
a full discussion).
In a short period of time, TRI has become
one of the most powerful tools in this country
for tracking pollution prevention progress
among industrial sources. Unlike other data
bases, TRI permits the tracking of chemical
releases at specific facilities on a multi-media
basis. Beginning with data submitted in 1992,
TRI reports also contain detailed source
reduction and recycling information as man-
dated by the Pollution Prevention Act. TRI is
already being used widely by industiy, the
states, and environmental groups as a
scorecard for prevention efforts. Many compa-
nies have already undertaken substantial
voluntary public commitments to reduce the
release of TRI chemicals.
Executive Order 12856 calls on federal
agencies to develop a 50 percent reduction
goal by 1999 for their releases of toxic chemi-
cals, or pollutants, with the baseline being no
later than 1994.
^'n&Jiewcies -provide planning list to EPA of fa-
•.^-fifljtles'covered by. the Executive Order
.;2f|;'&^tJe!S',submit Emergency Notification of
?;?,J:f^lp>i8es'0f an-Extremely Hazardous Sub-
e 'tiridef section 304 of EPCRA
vC ;;R*clJitfe& submit Emergency Planning No-
Local Emergency Planning
e (LEPC) under section 302 of
ion prevention strat-
:Pg£Uities: submit information for the prepa-
o;BlpreIlens^ve Emergency Re-
:|p^«w;e''-Plans under section 303 of EPCRA
•? ^clities submit Emergency and Hazardous
' Inventory Form under section
--facilities submit TRI reports under section
'
.,;E)oD'and-GSA identify opportunities to re-
vrisie §pecificatton$ and standards
'%ertcies submit first 'annual progress report
Pollution Prevention Plans
SDoD and GSA revise specifications and
standards
; Agencies reduce total toxic chemicals or
toxic pollutants by 30 percent
4.2 Executive Order 12873:
Acquisition, Recycling, and
Waste Prevention
Executive Order 12873 ("Federal Acquisi-
tion, Recycling, and Waste Prevention"),
signed in October 1993, directs federal
agencies to implement acquisition programs
aimed at encouraging new technologies and
building markets for environmentally prefer-
-------
Exhibit 3
Cross Reference of Requirements of
Recent Environmental Executive Orders
Common
Requirements
Review and
Revise Docu-
ments (Specs,
STDs, etc.)
FAR Changes
Contract
Language
Life Cycle
Concepts
Acquisition/
Procurement
Policy
Goals
Annual
Reporting
Awards
E0 12856
August 3, 1993
Right-to-KnowS
Pjfutan Prevention
Section
3-303CW
Sect. 3-303(c)
Section
1-104
Section
4-404 - ,
Sections
3-301,
3-303(a)
Sections
3-302, 3-303(a)
Sections
4-402, 5-507
Section
4-405
1812873
October 20, 1993
Acquisition,
Recyclings
Waste Prevention
Sections
401, 501,
505, 506
Section 903
Section
701
Section
401
Sections
401-404, 502-
504, 701-702
• Sections
601, 602
Sections
301, 501, 601
Sections
801, 802
EO 12902
March 8, 1994
Energy Efficiency
& Water
Conservation
Section
507(d)
Section
306(c)
Sections
306,309
Section
501(d),
507
Section
303
Section
308
Section
504
E3 12843
April 21, 1993
Ozone Depleting,
Substances
Sections '
4(a) & (b> ' ,
Section 8
Sections
3 & 4(c) •
Section
1,3,
&4
Section 5
(One Time)
E0 12844 I
April 21, 1»
Alternative .
• fuelVertietes
Section
2{c)
Section 1
Sections"
- 1&2
Section
. 6
E0 12845
April 21,1183 -' .
intiw Ifficisrft '
, Computers! ,' ' - ; .
• ' ' '• ',',:•',,
Section- '••'';*,"
: Kb)- • • - - =
• , , ,
,, ,. ' :
, Section - - .: ; •
KB ' ,\ ,: ; , :
, . • -; • •
Section 2 "'/:-,
Section
l(d) - =
able and recycled products. Toward this end,
all agencies are directed to review and revise
their specifications, product descriptions,
and standards. Agencies also must set goals
for waste prevention and the acquisition of
recycled products, and report on their
progress in meeting the goals. EPA is di-
rected to issue guidance on environmentally
preferable products and to institute a new
process for designating products with re-
cycled content. The order requires high-level
environmental executive positions and
staffing in federal agencies to ensure imple-
mentation of the directives, establishes
model facility and recycling programs, and
contains specific requirements related to
recycled paper.
4.3 Executive Order 12902:
Energy Efficiency and Water
Conservation
Under Executive Order 12902 ("Energy
Efficiency and Water Conservation at Federal
Facilities"), federal agency use of energy and
water resources is directed towards the goals
of increased conservation and efficiency.
Each agency must undertake a prioritization
survey of all its facilities leading to a 10-year
10
Pollution Prevention in the Federal Government oEPA
-------
plan to conduct comprehensive energy and
water audits.
Under the executive order, federal agencies
must develop and implement programs aimed
at: (1) reducing overall energy use in federal
buildings by 30 percent by 2005; (2) increas-
ing overall energy efficiency in industrial
federal facilities by 20 percent by 2005;
(3) significantly increasing the use of solar
and other renewable energy sources; and
(4) minimizing use of petroleum products at
federal facilities by switching to less-polluting
alternative energy sources.
4.4 Executive Orders 12843, 12844,
12845: Ozone-Depleters,
Alternative Fueled Vehicles,
Energy Star Computers
Three other executive orders, signed on
Earth Day 1993, commit the federal govern-
ment to accelerated action on several fronts —
phasing out ozone-depleting substances,
purchasing alternative fueled vehicles, and
buying energy-efficient computers.
Executive Order 12843 ("Procurement
Requirements and Policies for Federal Agen-
cies for Ozone-Depleting Substances") directs
federal agencies to change their procurement
policies to reduce the use of ozone-depleting
substances earlier than the 1995 phase-out
deadline called for in the Montreal Protocol.
Federal agencies are directed to modify speci-
fications and contracts that require the use of
ozone-depleting substances and to substitute
non-ozone-depleting substances to the extent
economically practicable. Through affirmative
acquisition practices, the federal government
will provide leadership in the phase-out of
these substances on a worldwide basis, while
contributing positively to the economic com-
petitiveness on the world market of U.S.
manufacturers of innovative safe alternatives.
Executive Order 12844 ("Federal Use of
Alternative Fueled Vehicles") places the
federal government in the leadership of the
use of alternative fueled vehicles, calling on
each agency to adopt aggressive plans to
exceed the purchase requirements of such
vehicles established by the Energy Policy
Act of 1992.
The use of alternative fueled motor vehicles
can reduce air pollution, stimulate domestic
economic activity,
reduce vehicle
maintenance
costs, and
provide
market incen-
tives for the
development of such vehicles and the fueling
infrastructure needed to support large numbers
of privately owned alternative fueled vehicles.
Finally, under Executive Order 128-t5
("Requiring Agencies to Purchase Energy
Efficient Computer Equipment"), the U.S.
government became a participant in the
Energy Star Computer program by agreeing to
buy energy-efficient computers, monitors, and
printers to the maximum extent possible. To
the extent possible, federal agencies must
now purchase only those computer products
that qualify for the Energy Star logo, as long
as they meet other performance requirements
and are available in a competitive bid.
A matrix of requirements across the six
executive orders is shown in Exhibit 3.
-------
II. Strategies for Prevention
The Government's Role in Setting Policies and Regulations
Objective: "To ensure that all
of federal agencies incorporate
approaches; and provide appropriate!
to undertake such practices."
1. Introduction
Federal programs, policies, and regulations
help define not only the aetions of federal
agencies but a wider circle of economic and
environmental behavior. Government policies
can have wide ramifications throughout this
nation and the rest of the world. The goal is to
place the federal government in the forefront
of the pollution prevention effort, both in its
own internal policies and procedures and in
its interactions with others. Toward that end,
each affected federal agency should examine
its policies, regulations, and programs to
identify and address any obstacles to pollution
prevention and to provide incentives for
overcoming such barriers.
This chapter outlines the responsibilities of
federal agencies to develop pollution preven-
tion strategies and facility pollution prevention
plans — specific requirements of Executive
Order 12856. It also discusses coordinating
mechanisms across federal agencies, award
and challenge programs, and EPA's environ-
mental review responsibilities under the
National Environmental Policy Act (XEPA) and
the Clean Air Act. The chapter concludes with
a summary of EPA's own efforts to incorporate
pollution prevention into the Agency's policy
and regulator)7 mission.
2. Agency Pollution
Prevention Strategies
This document is intended to assist agencies
by providing a framework to follow in devel-
oping agency pollution prevention strategies
required by Executive Order 12856. Under the
Executive Order, federal agencies must de-
velop written pollution prevention strategies
by August 1994.
2.1 Strategy Components
Each federal agency strategy should:
^ Include a pollution prevention policy
statement incorporating source reduction in
facility management and acquisition pro-
grams, endorsing the environmental protec-
tion hierarchy, and calling for agency
leadership in pollution prevention.
^ Make a written "commitment to utilize
pollution prevention through source reduc-
tion, where practicable, as the primary
means of achieving and maintaining compli-
ance with all applicable Federal, State and
local environmental requirements."
^ Set forth the agency's voluntary goals to
reduce releases and transfers of FPCRA
section 313 toxic chemicals, or to reduce
toxic pollutants, and a timetable for reach-
ing these goals by 1999.
12
Pollution Prevention in she Federal Government oEPA
-------
>• Explain the baseline (no later than 1994) for
measuring reductions in toxic chemicals or
pollutants.
^ Outline plans for compliance with the
requirements of the executive order,
including reporting requirements, toxics
reductions, review of specifications and
other standardized documents, and changes
in acquisition procedures.
^ Outline plans for disseminating pollution
prevention techniques and approaches
internally through training, and externally in
making pollution prevention reports, strate-
gies, and plans available to the public.
^ Designate a senior agency manager/
policymaker responsible for coordinating
pollution prevention efforts agency-wide
and overseeing agency compliance with the
executive order.
^- Designate internal organizations with spe-
cific responsibilities for developing the
strategy, implementing it, and evaluating its
effectiveness.
^ Include provisions for public involvement in
implementation of the executive order and
maintaining public awareness of agency
progress in meeting the requirements of the
executive order.
The executive order expressly encourages
federal agencies to involve the public in
developing pollution prevention strategies
Because public involvement and community
awareness are basic tenets of the executive
order, agencies should strive for public partici-
pation during preparation of strategy docu-
ments and inform the public of progress in
meeting the goals of those strategies and the
executive order.
Section 3-301 of Executive Order 12856
states that each agency must commit in its
strategy to using pollution prevention/source
reduction as the primary means to achieve and
maintain compliance with all federal, state,
and local environmental requirements. That is,
pollution prevention must be the method of
first choice in (1) achieving compliance with
new regulations and requirements; (2) main-
taining compliance with existing regulations
and requirements; and (3) returning to compli-
ance when violations are identified. Federal
agencies are encouraged to use pollution
prevention to go beyond compliance toward
zero discharge/emissions of pollutants.
Making this critical linkage between pollu-
tion prevention and compliance holds the key
to sustainable, environmental management
programs, at both federal and private sector
facilities. Whether it is a new regulatory
requirement under the Clean Air Act, an
ongoing RCRA compliance problem identified
through an internal audit at a facility, or a
violation which must be corrected as a result
of an EPA or state enforcement action, the key
is to first explore whether or not there is a
pollution prevention solution to the environ-
mental problem. This is often the best way to
comply with environmental requirements and
the best thing for the environment as well.
Over the last few years, pollution preven-
tion policies have been adopted to varying
degrees by different federal agencies The
Department of Defense (DOD) and Depart-
ment of Energy (DOE) have been among the
most active in developing waste minimization
and pollution prevention programs and
policies. Most recently, in December 1993,
DOD issued a policy statement renewing its
support for pollution prevention and rapid
implementation of Executive Order 12856 (a
copy of the DOD policy statement is included
in this document in Appendix E). Other
federal agencies, such as the U.S. Postal
Service, have also adopted environmental
protection policies that include elements of
-------
U.S. Postal Service Pollution Prevention Policy
In one of the most far-reaching pollution
prevention policies adopted by a federal
agency, the U.S. Postal Service has issued
management instructions to adopt pollu-
tion prevention practices in all postal facilities. The
policy calls for:
• Encouraging the use of non-polluting technolo-
gies and waste minimization in the develop-
ment of equipment, products, and operations;
• Promoting the sustainable use of natural resources
and protection of the environment through con-
servation( recycling, and reuse of material inter-
nally and in working with customers;
• Including environmental considerations among
the criteria by which projects, products, pro-
cesses, and purchases are evaluated;
* Developing in postal service employees an
awareness of environmental responsibilities;
and
• Maintaining an ongoing quality assurance pro-
gram,
Guidelines are included for forming recycling teams
at each of the Post Office's 38,000 offices, stations, and
branches, and implementing a recycling program,
Source reduction guidelines are under preparation and
will be issued at a later date.
pollution prevention, source reduction, and
sustainability (see box above).
EPA will continue to work closely writh
DOD, DOK and other federal agencies on
incorporating pollution prevention into their
policies, guidelines, and directives. EPA is
ready to assist federal agencies in developing
or enhancing their pollution prevention
policies and strategies. Information useful to
federal agencies in designing a pollution
prevention program is available on the PIES
computer database (see box on page 24).
Executive Order 12856 requires federal
agencies to submit annual progress reports to
EPA beginning on October 1, 1995. These
reports should include the status of the
agency's strategy and facility plans, progress
toward the 50 percent reduction goal and
acquisition goals, progress in reviewing and
revising specifications and standardized
documents, a sampling of new and innovative
pollution prevention technologies fostered,
and TRI chemical releases reported for the
previous year.
2.2 Adopting an Environmental Ethic
In designing and implementing their pollu-
tion prevention strategies, federal agencies
must develop and share a common ethic on
environmental protection. Achieving what is
sometimes called "Green Government" re-
quires that an environmental ethic be adopted
by the heads of federal departments and
conveyed to their managers and staffs. Specifi-
cally, this ethic should ensure that:
^ Sufficient policy direction is given to ensure
that environmental protection is an explicit
component of the organization's overall
mission.
^ Adequately qualified and trained staff are
available in sufficient numbers to fully
identify, scope, and resolve problems
related to federal environmental liabilities.
^ Proactive environmental programs are
developed that establish environmental
compliance as the floor rather than the
ceiling of environmental performance,
and that actively promote pollution
prevention as an opportunity for
improvement rather than as simply another
bureaucratic requirement.
^ Employee initiative is fostered to actively
incorporate environmental protection into
the daily tasks of the agency.
14
Pollution Prevention in the Federal Government oEPA
-------
To demonstrate their commitment to this
ethic, federal agencies and departments should
ensure that an environmental policy "infra-
structure" is in place, including the following
components:
E Written policies defining the standards and
procedures to be followed by the agency's
employees;
E The assignment of specific high-level per-
sons who have the authority to ensure
compliance with environmental standards
and procedures;
E Effective communication of standards and
procedures to agency employees and
contractors (e.g., participation in training
programs and dissemination of publications);
E An effective and consistent program for
enforcing agency standards (e.g., environ-
mental auditing programs, annual reports on
agency liabilities and compliance, compli-
ance tracking systems) designed to detect
and prevent noncompliance and environ-
mental impairment and/or third party
exposure and loss;
E A well-publicized system, under which
agency employees or contractors are en-
couraged to report, without fear of retalia-
tion, evidence of environmental problems or
criminal conduct within the agency;
E The infusion of departmental or agency
environmental policies and standards into the
annual performance criteria of federal em-
ployees who manage federal facilities or in
any way have environmental responsibilities;
E A well-designed management communica-
tion system with designated contacts in the
agency's Office of General Counsel, Office
of the Secretary or Administrator, and the
environmental management office that
facilitates prompt and expedited responses
by the agency to discoveries of contamina-
tion, releases of hazardous waste and
materials, and violations of environmental
regulations and statutes; and
E Demonstration of the agency's interest in
achieving environmental goals beyond
compliance, by establishing pollution
prevention programs and employee awards
for achieving and maintaining sound envi-
ronmental programs.
EPA plans to recognize federal agencies and
facilities which establish and implement
effective environmental management programs
through the Federal Government Environmen-
tal Challenge Program required by Executive
Order 12856. This is discussed under section \
of this chapter in more detail.
2.3 Environmental Justice
In developing agency pollution prevention
strategies and facility-specific pollution preven-
tion plans (and when implementing other
requirements of Executive Order 12856),
agencies should consider and plan for the
following requirement of Section 3-302(c) of
Executive Order 12898, "Federal Actions to a
oEPA Pollution Prevention in the Federal Corenunenl
15
-------
Address Environmental Justice in Minority
Populations and Low-Income Populations:"
"Each Federal agency, whenever practi-
cable and appropriate, shall collect,
maintain and analyze information on the
race, national origin, income level, and
other readily accessible and appropriate
information for areas surrounding Federal
facilities that are (1) subject to the report-
ing requirements under the Emergency
Planning and Community Right-to-Know
Act, 42 U.S.C. section 11001-11050 as
mandated in Executive Order 12856; and
(2) expected to have a substantial envi-
ronmental, human health, or economic
effect on surrounding populations. Such
information shall be made available to
the public, unless prohibited by law."
In order to avoid duplicative efforts, agen-
cies are encouraged to consult and coordinate
in complying with this provision.
3. Facility Pollution
Prevention Plans
Executive Order 12856 requires each
"covered facility" to develop a written pollu-
tion prevention plan by the end of 1995. The
facility pollution prevention plan outlines
facility-wide methods to reduce pollutants
and reach the required reduction goals.
Essentially, the plan offers an environmental
blueprint for reducing waste generation,
reducing worker exposure to hazardous
materials, protecting natural resources, and
minimizing environmental impacts caused by
facility operations. EPA is currently develop-
ing a "Federal Facility Pollution Prevention
Planning Guide," which is planned for issu-
ance in mid-1994.
Depending on the size of the facility, sug-
gested components of a pollution prevention
program include the following:
^ Set facility policy and goals. Goals and
policies for the facility's pollution prevention
achievements should be clearly laid out.
Facilities may want to include a definition of
the facility's "primary mission" that assists
managers and staff in understanding the scope
and priority of pollution prevention activities.
As an example, if a particular facility is de-
voted to aircraft painting and cleaning, those
activities should form the highest priority for a
pollution prevention assessment. Other activi-
ties that are tangentially related to the facility's
mission should not be overlooked, but gener-
ally should be given attention after primary
mission activities have been examined.
^ Management commitment to pollution
prevention. Management commitment should
be demonstrated through upper-level, written
commitment to policies and actions to support
pollution prevention, including: naming a
Pollution Prevention Coordinator and outlining
his or her responsibilities; establishing a
Pollution Prevention Task Force with adequate
representation by staff from all key divisions of
the facility; committing adequate levels of staff,
resources, and funding; equipment purchases;
training and incentive programs; and ongoing
communications procedures. The facility plan
should discuss progress in each of these areas
and plans for the future.
^ Baseline study. This study should provide
systematic baseline information on pollutant
generation, environmental releases of pollut-
ants, worker exposures to hazardous chemi-
cals, use and management of hazardous
16
Pollution Prevention in the Federal Government oEPA
-------
materials, and adverse environmental impacts.
The facility plan should summarize the infor-
mation developed.
> Identification of opportunities and
options. Based on the results of the baseline
study, brainstorming sessions should be held
among staff and managers to systematically
identify opportunities and options for institut-
ing pollution prevention measures. The plan
should summarize the results of these efforts.
^ Ranking of options. Criteria should be
developed for prioritizing the opportunities
identified and for ranking the options devel-
oped. Typical criteria include costs (life-cycle
costs should be considered wherever pos-
sible), liability, regulatory compliance, imple-
mentation feasibility, and environmental
impacts. The facility plan should explain the
criteria used and present the results of the
ranking. Generally, priority for implementation
should be given to projects having a payback
period of three years or less.
^ Implementation and evaluation. The
implementation section of the plan should set
schedules for completion of major milestones,
identify roles and responsibilities, identify
barriers encountered or expected, outline
communications and training needs, indicate
how success will be measured and evaluated,
and outline priorities for future pollution
prevention activities.
4. Awards and Challenge
Programs
The executive orders signed in 1993 and
1994 call for large changes in the ways in
which federal agencies run their operations
and make clay-to-day decisions. The opportu-
nities for innovation, creative thinking, and
bold leadership are enormous Recognizing
outstanding achievements provides encourage-
ment to those who demonstrate true
national leadership as well as a model
for others to emulate.
The federal government is one of
the nation's largest employers; a
concerted effort will be needed to
develop training programs and
incentives that will encourage a
pollution prevention "mindset" within the
federal workforce and make pollution pre\ en-
tion an operational tool. A federal workfoi ex-
trained in and motivated by pollution preven-
tion concepts will foster broader changes as
federal employees interact with and motivate
people in other sectors to develop pollution
prevention approaches.
One effective means of motivating and
recognizing achievement is the establishment of
awards and recognition programs. Both Execu-
tive Orders 12873 and 12856 contain provisions
for awards programs in pollution prevention.
Executive Order 12873 establishes tvso awards,
one to be presented annually by the White
House to the most innovative program govern-
ment-wide, and the other to be developed
internally by each agency to reward the most
innovative environmental programs
Several challenge programs are also in-
cluded in the executive orders. Executive
Order 12902 directs the Department of Energy.
in conjunction with other agencies, to issue a
"Federal Procurement Challenge" inviting each
federal agency to commit a specified portion
of their purchases to advanced, high-efficiency
products.
Executive Order 12856 directs EPA to
establish a Federal Government Environmental
Challenge Program to recognize and reward
outstanding environmental management
Pollution Prevention in the Federal Government
17
-------
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-------
^ Educating the public about sustainable
development.
Members of the Council appointed by the
President include the Secretaries of Commerce,
Energy, and the Interior, the Administrator of
EPA, and representatives from industry, envi-
ronmental, labor, and civil rights organizations.
5.2 Federal Agency Partnerships
A key element in promoting pollution
prevention across the federal government is
the coordination of federal agencies in pursuit
of this goal. Such coordination can take the
form of a broad-based Memorandum of Un-
derstanding between two or more agencies
that share or overlap jurisdictions or concerns:
or it can focus on one or more individual
programs, policies, or regulations where
agency concerns are complementary.
A successful example of coordination is the
ongoing implementation of the Memorandum
of Agreement signed in April 1992 by EPA
and the U.S. Department of Agriculture, to
implement increased pollution prevention in
the agricultural sector In addition to defining
a common goal statement and tour basic
strategies to achieve environmental results,
the partnership includes a joint grant program
which awards funding to consortia of univer-
sities, research institutions, growers, and
industry associations \\ith the objective of
assuring the adoption of sustainable agricul-
ture practices and reducing the use of highly
toxic herbicides and other pesticides. As a
result of the Memorandum of Agreement, a
Task Force was set up to devise on-the-
ground pollution prevention projects in four
areas- nutrients, pesticides, animal waste, and
landscape management
In another example, a three-agency effort
was undertaken lo meet the need for a coordi-
nated and cohesive national response on the
issue of environmental labeling and marketing
claims. The Federal Trade Commission, the
U.S. Office of Consumer Affairs, and EPA have
been working closely on an intjr-agcncy task
force to ensure that consumer, advertising, and
environmental issues are addressed through a
coordinated federal effort.
EPA is also negotiating an agreement with
the General Services Administration lo work
together on projects
relating to methods
and techniques for
pollution prevention,
energy and resource
conservation, and the
efficient use of energy sources in
federally owned and operated buildings.
EPA intends to build on the successes of
these pollution prevention agreements and
will negotiate similar pollution prevention
agreements with oilier federal agencies as
appropriate.
Executive Order 12856 directed EPA to
convene an Interagency Task Fotce by Febru-
ary 1, 199-t to assist in the implementation of
the order. The task force will be chaired by
EPA initially and will include high-level
representatives from the Departments of
Commerce. Defense, and Energy, the General
Services Administration (.GSA), and the Office
of Management and Budget (OMB) Other
agencies may paiticipate as well, with the
approval of the EPA Administrator.
5.3 Budget Review
Federal agency budgets are submitted to
OMB in accordance with OMB's Circular A-
11 Federal agencies must identify their
environmental budget requirements by statute
in Exhibit 16 of Circular A-ll. OMB plans to
tipdate the Exhibit 46 format to reflect the
oEPA l'o!hili;ui /'>ci cnlioti in the
19
-------
requirements of Executive Order 12856 and
the results of efforts to update Circular A-106.
Circular A-106 establishes a vehicle for
planning, identifying, tracking, setting priori-
ties, and reporting budget needs to EPA and
OMB. The A-106 Advisory Subcommittee on
Pollution Prevention has recommended a
number of changes to the A-106 process to
ensure that federal agency environmental
projects are evaluated to positively recog-
nize pollution prevention efforts as well
as projects satisfying requirements of the
executive
order.
Among the
changes is
the recommen-
dation that high
priority for funding be
given to projects with payback
periods of three years or less. The recommen-
dations have been accepted by the full Com-
mittee and are being incorporated into the
revised A-106 Guidance Document which is
scheduled to be released in 1994.
To assist federal agencies in incorporating
environmental considerations in their projects
and budget requests, EPA is developing a
guidance document entitled, Costing and
Life-Cycle Analysis for Pollution Prevention
Investments: A Practical User's Guide to
Environmental Project Financial Analysis at
Federal Facilities.
The guidance provides managers at federal
facilities with an introduction to the concepts
of life-cycle analysis (LCA) and total cost
assessment (TCA), and outlines how to use
TCA to analyze and justify investments in
pollution prevention (see Chapter 3, section 2
below for more on LCA and TCA).
5.4 EPA's Environmental Review
Responsibilities
One of the most promising mechanisms and
processes that federal agencies have at their
disposal to help ensure adequate consideration
of environmental issues in their programs and
policies is implementation of the National
Environmental Policy Act (NEPA) of 1970. NEPA
directs federal agencies to prepare environmen-
tal statements addressing the impacts and
alternatives associated with proposed "major
federal actions significantly affecting the quality
of the human environment."
In addition, the Act requires federal agen-
cies to consult with and obtain the comments
of other agencies, such as EPA, having statu-
tory jurisdiction or special expertise on an
action's environmental impacts. EPA's role in
reviewing federal actions was expanded by
Section 309 of the Clean Air Act, which specifi-
cally directs EPA to review and comment on
any major federal agency action, including
construction projects, proposed legislation,
and proposed regulations.
As a result, both NEPA and Section 309
establish a vital opportunity for consideration of
pollution prevention before important decisions
are made and a framework for cooperation
between EPA and other agencies of the federal
government in the decision making process. In
the NEPA/Section 309 area, EPA will focus its
efforts initially in the following three areas:
^ Early consideration of prevention in
Agency actions: EPA will encourage federal
agencies to begin consideration of pollution
prevention concepts and approaches as early
as possible in the planning process for major
actions. EPA will seek opportunities during
such early planning and assessment stages to
counsel federal agencies on the pollution
20
Pollution Prevention in the Federal Government EPA
-------
likely to he generated by a proposed action
and on prevention opportunities.
Prior to preparation of an environmental
impact statement (EIS), the federal agency
proposing an action is required to conduct a
scoping process, during which the public and
other governmental agencies are able to partici-
pate in discussions about the scope of issues to
be addressed. EPA will include pollution pre-
vention among the issues it raises when com-
menting during this scoping process.
> Inclusion of pollution prevention in all
reasonable alternatives: EPA will also ad-
dress pollution prevention in its comments on
the more than 400 draft and final EIS's filed
\\ ith the Agency annually. Where appropriate,
EPA and other federal agencies will continue
to strive for the inclusion of pollution preven-
tion considerations into all reasonable alterna-
tives analyxecl in EIS's.
^ Guidelines on pollution prevention for
Agency reviewers: Final guidelines issued by
EPA's Office of Federal Activities ("Guidance
on Incorporating EPA's Pollution Prevention
Strategy into the Environmental Review Pro-
cess." Feb. 24. 1993) will enable EPA's head-
quarters and regional reviewers to consistently
integrate pollution prevention into the envi-
ronmental review of federal agency actions.
The guidance directs reviewers to look for
pollution prevention opportunities associated
with the project design specifications and
standards, types of materials and resources
used, and project siting and location. Also in
1993. the Council on Environmental Quality
published general guidance for federal agen-
cies on pollution prevention, with examples of
agency actions (58 federal Register 6478, Jan.
29. 1993; a copy is included in Appendix G to
this document)
vvEPA
EPA will work with federal agencies to
develop the means of using NEPA to its full
advantage in promoting pollution prevention
in the federal government and will work on
developing possible NEPA guidance to the
agencies when appropriate. EPA will be offering
recognition to federal agency EIS's that serve as
models for incorporating pollution prevention
and other environmental factors.
6. Setting an Example: EPA's
Pollution Prevention Strategy
EPA continues to face a large task in inte-
grating pollution prevention into its own
regulatory and enforcement
efforts. In its National Pollution
Prevention Strategy issued in
February 1991, EPA committed
itself to this process and began to
develop projects to build prevention into its
existing operations. The strategy enumerated
the following principles on an Agency-wide
basis in order to promote pollution prevention
K Identify and overcome barriers to
pollution prevention;
^ Expand public participation and choice
^ Pursue partnerships with other federal
agencies;
>• Achieve a cultural change through
outreach and training;
^ Use regulations and permits to provide
incentives;
^- Pursue enforcement settlements to
create incentives;
^ Establish and implement a research
strategy for prevention; and
^ Identify and explore emerging tech-
nologies and products.
Some of the efforts undertaken in these
areas are described below
EPA Pollution Prerenlion in the Federal Government
21
-------
, Pollution Prevention in the Multi-Media
it Enforcement/Compliance Initiative
« X ' x '"'",.•''''
f The goal of the Federal-Facilities.Multi-Media Enforce-
* ^ , Iftertt/Compliance initiative is to improve federal
*^ agency compliance and reduce environmental risks
l*/^om federal facilities through increased use of multi-
iX^jajie^tia taspectioas;',elficient-;utilfea'tion of all available
^ *ttjfo^cement authorities; and enhanced use of innova-
$*e pollution prevention approaches to solving com-
.
40" multi-media team inspections of top-priority
^facilities were completed- by EPA's Regional
-'-*•,*,, ' 0
teFY93; a similar number are planned for FY94,
", " , "* i ' "" s
n efficient, . enviroriB|erttally-sound approach,
will prpvidefe'derat agencies with a com-
•''-.'• . \ ' • •
evaluation df the environmental compliance
", j ' - *
across -the/nation, •••' • • •
• '-'- '"•*
, ,
^ ? .As' part of the kUtb^y^, pollution prevention opportu-
,' ^filtk® are used as^rtfe dftte'- criteria for 'targeting a
< ' facility for inspection, Pollution prevention profiles
been developed for all targeted facilities (see box,
_
23). If violations are identified, this initiative pro-
the maximum use of. negotiated pollution pre-
' * '
-X fention settlements to address compliance problems.
>• Enforcement. EPA's Office of Enforcement
has issued a policy encouraging the inclusion
of pollution prevention conditions in Agency
enforcement settlements, including settle-
ments with federal facilities. Federal facility
compliance agreements with environmental
auditing/pollution prevention language have
been signed at eight facilities. Very often,
pollution prevention represents the most cost-
effective means of achieving compliance over
the long term.
EPA has set a goal of including pollution
prevention conditions in at least 25 percent of
all enforcement actions relating to federal
facilities. Other programs, including EPA's
permitting and inspections programs, are also
taking a close look at how prevention can he-
incorporated. EPA's Federal Facilities Multime-
dia Compliance and Enforcement Initiative is
building pollution prevention into the
Agency's targeting of federal facilities for multi-
media enforcement inspections, including the
development of individual pollution preven-
tion profiles for all targeted facilities (see
boxes on pages 22 and 23).
^ Regulatory Development. EPA also has
begun a major initiative in the regulatory
arena, called the Source Reduction Review
Project, to consider pollution prevention
alternatives during the regulatory development
process. The project will ensure that source
reduction measures and multi-media issues are
considered during the development of air,
water, and hazardous waste standards for a
key list of regulations mandated by statute
under the Clean Air Act, Clean Water Act, and
the Resource Conservation and Recovery Act.
The project has the potential to offer more
cost-effective means of complying with regula-
tions and standards across the different envi-
ronment media.
^ Education. The role of the federal govern-
ment in educating the public is extremely
important in promoting pollution prevention.
In line with the Environmental Education Act,
EPA is working in partnership with state and
local governments, industry, educational
institutions, textbook publishers, teachers, and
others, to strengthen environmental education.
As a first step, over 2,500 curriculum items on
pollution prevention have been reviewed and
referenced in a bibliography FPA's Office of
Environmental Education coordinates educa-
tional activities across its own programs and
other federal agencies. EPA has also estab-
lished a National Center for Pollution Preven-
tion at the 1 ,"ni\ ersity of Michigan to develop
22 •
Pollution I'lviviition in the Federal Gdrcrniiwut
-------
Profile of Pollution
EPA,
33/50
Description
ignitable -
liquid used
;as cold -
, cleaning -
.solvent ,
'.'ODboi}.
Two tons
(1989)',
generates.
'.;-Mission
-., Statement
'•-'' hot
: Organic
Solvent from
Surface -
Coating-
' Operations
79: Jons, - :-
curricula for engineering, business, and other
university educational tracks, and disseminate
the material to other universities nationwide.
^ Grants to States and the Private Sector:
Several grant programs related to pollution
prevention are in place, some as joint efforts
with other agencies. They include:
^ Agriculture in Cooperation with Envi-
ronment (ACE), a joint project of EPA
and USDA which awards funding to
consortia of universities, research
institutions, growers, and industry
associations with the objective of
assuring the adoption of sustainable
agriculture practices and reducing the
use of highly toxic herbicides and
other pesticides.
>• National Industrial Competitiveness
through Efficiency: Energy, Environ-
mental and Economics (NICE1'), a joint
project of EPA, DOE, and the Depart-
ment of Commerce to improve energy
efficiency and reduce the emissions of
oEPA Pollution Prevention in the Federal Government
23
-------
FAME: Federal Agencies Mini-Exchange
A special database has been setup on
EB^S: computerized Pollution Preveft-,
t/Information Exchange System*-
); to exchange information on
fedferg'i agencies' pollution
rjaalfe} available includes poli
descriptions, manuals and guidance
tiCes- of conferences, seminars, arid I
and case studies of successful
projects. For further information
call 202-260-3161. Access to a van
agency bulletin boards' may
FEJDWORLD (703-321-8020 or via int«nv£>«';
targeted group of high energy-consuming and
polluting industries.
^ Waste Reduction Innovative Technology
Evaluations (WRITE), a federal/state
cooperative research program in which
EPA \v orks with the states to support
over 35 individual technology evaluations.
>• EPA's Small Business Pollution Preven-
tion Program has awarded 31 grants to
small businesses to support the devel-
opment of innovative pollution preven-
tion technologies.
^ EPA's Design for the Environment
program has awarded grants to six
universities for projects using pollution
prevention objectives in designing
chemicals. EPA is working with the
National Science Foundation to fund
additional projects.
^ Training. EPA has developed training
materials and sponsored workshops and confer-
ences to integrate pollution prevention concepts
into existing programs. Specific pollution
prevention training has been developed for
Agency inspectors, permit-writers, regulation
writers in the programs and Regional Offices.
The authorities and requirements of the
Pollution Prevention Act have helped institu-
tionalize prevention as EPA's strategy of first
choice for addressing pollution problems
emanating from industrial sources. In June
1993, EPA Administrator Carol Browner reaf-
firmed the Agency's commitment to making
pollution prevention "the guiding principle"
for all EPA programs.
24
Pollution Prevention in the Federal Government oEPA
-------
III. Using Purchasing Power to Prevent Pollution
The Government's Role in Acquisition
n,
1. Introduction
Federal purchasing power can play an
important role in meeting environmental
objectives. By purchasing recycled goods,
for example, the federal government fosters
recycling programs and ensures that stable
markets exist for recycled materials. Through
acquisition decisions, such as in the use of
fleet fuels or energy-efficient lighting, the
government can help create markets for
environmentally acceptable products and
technologies, and encourage the use of
cleaner, less toxic products and materials in
other sectors of the economy as well.
Federal leadership in demonstrating and
purchasing innovative technologies can spur
competition, create business and employ-
ment opportunities, and enhance local and
regional economies.
There are over 100,000 federal government
standardized documents. The Pollution Pre-
vention Act specifically requires EPA "to
identify opportunities to use federal procure-
ment to encourage source reduction." Execu-
tive Orders 12856 and 12873 go further, with
specific requirements related to acquisitions, as
discussed below.
This chapter outlines some of the tools
available to federal agencies in making
acquisition decisions in order to factor in
environmental considerations. It then
discusses the requirements to incorporate
environmental factors into government
specifications and standardized documents
under the new executive orders. It also
reviews specific targets of change in the
acquisition process: ozone-depleting sub-
stances, energy-efficient products, alternative
energy vehicles, and recycled goods.
2. Tools for Making Decisions
EPA is undertaking, on its own and in
concert with other federal agencies, a number
of projects aimed at yielding tools that will
help federal agencies (and organiza-
tions outside the government) to
make rational acquisition decisions
based on environmental factors.
Some of these programs are
described below.
2.1 Life-Cycle and Costing Techniques
Federal agencies have been conducting life-
cycle analyses for energy concerns for many
years. That approach needs to be broadened
to factor other environmental considerations
into government purchasing decisions. By
properly accounting for environmental costs,
from product design to ultimate disposal.
*B>EPA Pollution Prevention in the Federal Government
25
-------
federal facilities will be better equipped to
make appropriate acquisition decisions to
purchase products and technologies that
prevent pollution or minimize the generation
of wastes or releases to the environment.
EPA will be issuing guidance in 1994 on
financial analysis of environmental projects at
federal facilities. The guidance introduces and
explains several different analytic tools avail-
able. They include the following:
^ Life-cycle costing (LCC) quantifies eco-
nomic and societal costs associated with
pollution prevention opportunities over an
extended time horizon, and represents these
costs as a single value. This permits an evalua-
tion of the costs and benefits of different
options.
^ Life-cycle analysis (LCA) is an evolving
tool for quantifying total environmental re-
leases and impacts of a specific product
(although not its costs). LCAs typically track
the development of a product from raw
material through production, use, and eventual
disposal. They are particularly useful in evalu-
ating the environmental trade-offs of possible
modifications to product or process design.
^ Total cost assessment (TCA) is similar to
LCC in employing both economic (cost) and
environmental criteria considered over an
extended time period (usually five years or
more). Like LCC, it evaluates direct and indi-
rect costs, liability costs, and less tangible
benefits. Unlike LCC, it focuses on internal
costs and benefits to the facility rather than
societal costs and benefits.
More detailed information on applying these
techniques is available in several EPA publica-
tions listed in Appendix A.
2.2 Design for the Environment
A new program announced in 1992, also as
part of EPA's pollution prevention strategy, is
the Design for the Environment (DfE) Program
which is aimed at helping business incorporate
environmental considerations into the design
and redesign of products, processes, and
technical and management systems. Under this
program, EPA is developing Cleaner Technol-
ogy Substitutes Assessments to help companies
compare different technologies or products,
with an eye toward selecting the most environ-
mentally friendly alternatives. The assessments
look not only at environmental impacts (re-
leases to the environment, energy impact,
comparative risk), but also at the cost and
performance profiles of each alternative. In
similar fashion the tools developed can be
applied to solving federal facility environmen-
tal concerns. Information developed through
cooperative projects with industry in the areas
of dry cleaning, printing, and computer work-
stations, can be applied to the pollution
prevention efforts of federal facilities as well.
EPA will offer technical guidance to federal
agencies on product design based on the
results of the DfE program and on applying
this analytical framework to specific design
issues.
3. Acquisitions
Historically, the federal government's
purchasing power has been used to encourage
American manufacture of certain goods and
services. These acquisition practices are
supported by regulations contained in the
Federal Acquisition'Regulations (FAR). The
Office of Management and Budget oversees
regulatory revisions to the FAR and coordi-
nates the activities of the interagency FAR
Council. DOD, GSA, and NASA are repre-
26 •
Pollution Prevention in the Federal Government EPA
-------
sented on the FAR Council, while EPA, DOE,
and other agencies are members of the Civilian
Agency Acquisition Council. Most federal
agencies also have their own agency-specific
supplements to the FAR.
While the Department of Defense has
responsibility for all military specifications
and standards, the General Services Adminis-
tration is responsible for developing most
other federal specifications and standards.
Both DOD and GSA delegate the manage-
ment of some documents to other agencies.
In addition, many agencies have specifica-
tions and other standardized documents
related to their unique mission or activities;
these are authoritative only within a particular
agency. GSA's Federal Property Management
Regulations require that federal specifications
and standards be reviewed every five years;
accuracy and use are key considerations in
this review.
EPA will work cooperatively with federal
procurement agencies to identify barriers to
pollution prevention in acquisition/procure-
ment standards, and will work with DOD and
GSA to develop initiatives to remove barriers.
3.1 General Requirements
Under Executive Orders 12856 and 12873,
the following requirements apply:
^- Each federal agency must establish a plan
and goals for eliminating or reducing the
unnecessary acquisition of products containing
extremely hazardous substances or toxic
chemicals. The plan should encompass prod-
ucts that the federal agency manufactures,
processes, and uses. Priorities should be set
for implementing the plan and goals, based on
factors such as toxicity, exposure, volume,
relative risk, cost and availability of substitutes,
and ability of alternatives or substitutes to
meet performance requirements.
^ Each federal agency must also review its
specifications and standardized documents
and identify opportunities to eliminate or
reduce acquisition of extremely hazardous
substances or toxic chemicals. The review of
specifications and standardized documents
must be conducted by August 3, 1995, with
appropriate revisions completed by 1999.
Changes should be based on the availability
of acceptable substitutes, risk, and perfor-
mance. Federal agencies must also identify
clauses in the Federal Acquisition Regulations
that are roadblocks to meeting the require-
ments of the executive order; proposals
should be submitted to the Civilian Agency
Acquisition Council, which must in turn act
on them by August 3, 1995.
^ Where applicable, federal agencies are
instructed to review and revise specifications
and standardized documents to enhance the
acquisition of products made from
recovered materials or products that
are environmentally preferable.
When converting to a Commercial
Item Description (CID), agencies
must ensure that environmental
factors have been considered and
that the CID meets or exceeds
the government's environmental
criteria.
^ Under Section 401 of Executive Order
12873, federal agencies are required to con-
sider the following factors whenever they
develop plans, drawings, work statements,
specifications, or other product descriptions:
^ elimination of virgin material
requirements;
^ use of recovered materials;
^- reuse of product;
^ life cycle costs;
oEPA Pollution Prevention in the Federal Government
27
-------
^ recyclability;
^ use of environmentally preferable
products;
^ waste prevention (including toxicity
reduction or elimination); and
^ ultimate disposal, as appropriate.
^ Finally, under Section 503 of Executive
Order 12873, EPA will issue guidance that
recommends principles that federal agencies
should use in making determinations on
purchasing environmentally preferable prod-
ucts. "Environmentally preferable" means
products or services that have a lesser or
reduced effect on the natural environment or
on human health when compared with com-
peting products or services that serve the same
purpose. This comparison may consider raw
materials acquisition, production, manufactur-
ing, packaging, distribution, reuse, operation,
maintenance, or disposal of the product or
service (see section 3.5 below).
3.2 Early Phase-Out of Ozone-Depleting
Chemicals
Executive Order 12843 directs federal
agencies to change their procurement policies
to reduce the use of ozone-depleting sub-
stances earlier than the 1995 phase-out dead-
line called for in the Montreal Protocol. These
policies will affect, among other things, the
acquisition of refrigerants used in buildings
and auto air conditioning systems.
^ Under the Executive Order, federal
agencies must begin immediately to minimize
acquisition of the most potent (Class I)
ozone-depleting substances and to maximize
the use of safe alternatives. Federal agencies
are directed 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.
To assist in finding substitutes for ozone-
depleters, EPA has developed the Significant
New Alternatives Policy (SNAP) program
under Section 612 of the Clean Air Act Amend-
ments. Under the program, EPA evaluates and
approves (or denies) applications for the use
of substitute chemicals and technologies to
replace ozone depleters in specific uses. On
April 23, 1993, EPA outlined the SNAP program
and proposed lists of acceptable and unaccept-
able substitutes for CFCs and other ozone-
depleters. More information can be obtained
through EPA's Stratospheric Ozone Information
Hotline listed in Appendix A.
3.3 Energy Efficient Products
Another important pollution prevention
effort, highlighted by President Clinton in his
Earth Day Address, is energy efficiency,
which cuts across many government activities
and roles. Particular progress is being made
on energy efficiency related to electricity.
Impetus for change comes from the require-
ments of the Energy Policy Act of 1992, a
number of voluntary energy efficiency pro-
grams launched by EPA over the past few
years, and several executive orders. Every
kilowatt-hour of electricity saved prevents the
emission of 1.5 pounds of carbon dioxide, 5.8
grams of sulfur dioxide, and 2.5 grams of
nitrogen oxides. Other types of pollution
resulting from mining and transporting power
plant fuels and disposing of power plant
wastes are also reduced.
The Energy Policy Act of 1992 uses a mix-
ture of voluntary and mandatory measures to
encourage energy efficiency. The Department
of Energy plays a key role in this area, devel-
oping efficiency standards and labels for
products and equipment, and establishing
28
Pollution Prevention in the Federal Government oEPA
-------
demonstration programs for new technologies.
(See Chapter 4 for a discussion of energy
efficiency in federal facilities.)
Under Executive Order 12902 ("Energy
Efficiency and Water Conservation") GSA is
required to develop procurement techniques,
methods, and contracts by September 1995 to
speed the purchase and installation of energy,
water, and renewable energy technologies in
federal facilities. Technical assistance will be
available from DOE, in coordination with
EPA, GSA, and DOD, to help agencies with
acquisition and new building design analyses
and decisions. The Office of Management and
Budget is required to issue an annual update
on listings of energy-efficient products and
practices; agencies are required to purchase
from the listed products whenever practicable
and cost-effective. In addition, agencies are
directed to purchase, whenever practicable
and cost-effective, products in the upper 25
percent of energy efficiency for all similar
products, or products that are at least 10
percent more efficient than the minimum
level that meets federal standards.
Energy efficiency in the workplace will be
enhanced by Energy Star Computers, a part-
nership between EPA and major American
computer manufacturers to market energy-
efficient personal computers that automati-
cally enter a low-power, standby state when
they are inactive. Office equipment is the
fastest growing electricity load in the com-
mercial sector. Computer equipment accounts
for five percent of commercial energy con-
sumption, a figure that is expected to double
by 2000. Under Executive Order 12845,
signed in April 1993, the U.S. government will
purchase only Energy Star computers, moni-
tors, and printers, as long as they meet other
performance requirements and are available
in a competitive bid. (Contact the GSA-IRM
POLLUTION PREVENTER
Reference Center, 202-501-4860, for guidance
publications forthcoming in Summer 1994.)
> As of October 21, 1993, federal
agencies are required to specify
that all computer products
delivered be equipped with
an active energy-saving
feature to automatically
enter and recover from a EPA
standby state that meets the
low-power levels (defined as 30 watts or less)
in the Energy Star agreement. Computers
meeting the terms of the agreement are identi-
fied by the EPA Energy Star logo. Agencies
should encourage the aggressive use of the
standby feature by including information on its
economic and environmental benefits in
routine computer training classes.
3.4 Alternative Energy Vehicles
Alternative fuel vehicles reduce air pollu-
tion, reduce U.S. demand for foreign oil, and
encourage technological leadership in one of
our most important industries. Alternative fuels
include ethanol, methanol, propane, com-
pressed natural gas, hydrogen, and electricity.
The Energy Policy Act of 1992 sets require-
ments for the federal government to purchase
at least 5,000 alternative fueled vehicles by FY
1993, 7,500 by FY 1994, and 10,000 by FY
1995. Executive Order 12844 commits the
federal government to accelerate this schedule,
exceeding these requirements by 50 percent
with an additional purchase of 11,250 vehicles
by FY 1995.
Thereafter, for each federal agency, the
Energy Policy Act requires new acquisitions for
a federal fleet to include 25 percent AFV by FY
1996, 33 percent in FY 1997, 50 percent in FY
1998, and 75 percent in FY 1999 and the years
following. (A fleet is defined as 20 centrally
Pollution Prevention in the Federal Government
29
-------
fueled light duty vehicles located in a metro-
politan area with over 250,000 people.) The
acquisition program is to be structured with
the objectives of: (a) continued reduction in
the incremental costs associated with specific
vehicle and fuel combinations; (b) long-term
movement toward increasing the availability of
AFVs produced as standard manufacturers'
models; and (c) minimizing the life-cycle costs
in the acquisition of AFVs.
Federal agencies are encouraged by Execu-
tive Order 12844 to aggressively pursue these
AFV acquisition goals. Both DOE and GSA are
authorized to assist agencies — by paying the
incremental costs of AFVs associated with
acquisition and disposal (DOE), or by provid-
ing incentives to purchase AFVs, such as
priority processing of procurement requests
(GSA). DOE and GSA will also carry out an
education, promotion, and coordination
program for federal fleets. DOE is charged
with responsibilities for coordinating federal
planning and siting efforts with industry, state,
and local governments, to ensure that ad-
equate private sector refueling capabilities
exist wherever federal fleet AFVs are sited.
3.5 Environmentally Preferable and
Recycled Products
Executive Order 12873 serves as a signal to
federal agencies to buy more environmentally
preferable and recycled products. Increasing
the demand for these products sets off a posi-
tive chain reaction — it increases the demand
for recycling programs, reduces the amount of
trash which must be disposed of, and increases
the use of products and services which involve
less damage to the environment.
^ Under Executive Order 12873, each agency
must develop and implement affirmative pro-
curement programs related to products for
V
which EPA sets guidelines under RCRA Section
6002. Responsibilities for implementing these
procurement programs must be shared by both
program personnel and procurement staff.
EPA has published five procurement guide-
lines for recovered materials (covering paper
and paper products, re-refined lubricating
oils, retread tires, building insulation prod-
ucts, and cement and concrete containing fly
ash) under the authority of Section 6002 of
RCRA. Once EPA issues a procurement guide-
line designating a specific item, procuring
agencies have one year to ensure that 100
percent of their purchases of products meet
or exceed EPA's guideline
standard subject to the
following limitations:
price, competition,
availability, and perfor-
mance. EPA is currently
developing a Comprehen-
sive Procurement Guideline
and a related Recovered Materials Advisory
Notice that will designate several additional
items and recommend content levels of
recovered materials available for those items.
^ Executive Order 12873 requires EPA to
institute a new, expedited process for desig-
nating items that can be made with recovered
materials. It also sets higher minimum content
standards for recovered materials in printing
and writing paper. Under the executive order,
each agency will monitor its purchases of
designated EPA-guideline items and
report on the status of its purchases to a
Presidentially-designated Federal
Environmental Executive.
^ EPA has been directed by Executive Order
12873 to develop an approach for federal
acquisition of environmentally preferable
30
Pollution Prevention in the Federal Government oEPA
-------
products that not only minimizes environ-
mental burden, but also provides incentive to
industry continuously improve the environ-
mental performance of products and services
to the federal government. The approach will
guide federal agencies in comparing environ-
mental performance among competing prod-
ucts and services, so that environmental
impact becomes a criterion like cost or
performance against which federal agencies
may select products or services.
As currently envisioned, EPA's guidance on
acquisition of environmentally preferable
products would include three components:
(1) general principles and procedures that
apply across product categories and that
federal agencies can use when implementing
acquisition programs for the purchase of
environmentally preferable products;
(2) guidance for applying these principles to
specific products or product categories (to be
developed as appropriate at a later date); and
(3) a code of practice for federal agencies to
use when judging the credibility of non-
governmental environmental certification or
eco-labeling programs.
Finally, EPA will work with other federal
agencies to incorporate the new federal
guidelines on environmental marketing claims
in advertising and labeling into their procure-
ment and acquisition programs. The guide-
lines, issued by the Federal Trade Commission
in July 1992 with strong support from EPA and
the Office of Consumer Affairs, are intended to
help reduce consumer confusion and prevent
the false or misleading use of the following
terms: degradable, biodegradable, and photo-
degradable; compostable; recyclable; recycled
content; source reduction; refillable; and
ozone safe and ozone friendly. The three
agencies are developing a series of fact sheets
that address "green marketing" issues.
oEPA Pollution Prevention in the Federal Government
31
-------
IV. Managing for Prevention
The Government's Role as Generator and Facility Manager
Object!ve: "To si
pollutants
m^H^etthr q warttlt^ ind toxipty ol
1. Introduction
All federal agencies use materials and
natural resources, and generate pollutants;
some also use and generate considerable
quantities of toxic chemicals. The Pollution
Prevention Act and the new executive orders
envision fundamental changes in the way in
which the government carries out its role as
manager of facilities, and in its responsibilities
as a generator of pollutants and waste. The
goal is to reduce the quantity of all pollutants
generated and to conserve use of raw materi-
als and natural resources. Taking the lead in
prevention efforts also will enhance the cred-
ibility of the government in its attempts to
encourage other sectors to prevent pollution.
Even before the mandate of the Pollution
Prevention Act and the 1993 executive orders,
federal agencies faced clear incentives to
institute pollution prevention policies and
programs at installations and facilities. The
Department of Defense (DOD) alone, in its
1989 Defense Environmental Status Report,
reported generating 876 million pounds of
concentrated solid and liquid toxic wastes
(including PCBs and used oil). Other federal
agencies, notably the Department of Energy
(DOE), generate and release large levels of
wastes and pollutants into the air, land and
water. The environmental and economic costs
of these releases are enormous. Estimates for
the clean-up of contaminated waste sites
range from $25 billion for DOD up to $200
billion for DOE.
Progress in prevention began in the late
1980s. The Department of Defense issued a
hazardous waste minimization policy in 1987
and set a goal of 50 percent reduction in the
disposal of hazardous wastes by 1992. By
August 1992, DOD announced that it had
surpassed that goal, with a hazardous waste
disposal reduction of 54 percent.
In 1990, DOE identified source reduction
as the major priority of its waste minimization
program. In May 1992, DOE issued a Waste
Minimization Crosscut Plan to emphasize
waste minimization and pollution prevention,
followed shortly thereafter (August 1992) by a
policy on waste minimization and pollution
prevention that makes waste minimization
and pollution prevention awareness, prac-
tices, and innovation the personal responsi-
bilities of each DOE and DOE-contractor
employee. In September 1992, DOE issued a
directive covering its participation in EPA's
Toxic Release Inventory and 33/50 program
(see Exhibit 1 for details).
Some federal agencies, such as the Depart-
ment of the Interior, manage or lease large
amounts of land and natural resources that
32
Pollution Prevention in the Federal Government <>EPA
-------
are owned by the federal government. The
Department of the Interior has prepared a
policy statement listing prevention and
reduction of hazardous wastes as its first and
second principles of waste management.
Related activities include training and aware-
ness, reduced mining wastes at the source,
reduced pollution during oil drilling opera-
tions, better inventory management, input
substitution, and cooperative efforts to set
voluntary standards for pollution prevention.
EPA is prepared to assist federal agencies
in training, process and methodology devel-
opment, information exchange, and other
services to encourage the promotion of
pollution prevention activities. In addition,
EPA will offer access to the Relative Risk
Ranking System and guidance in applying
the Cleaner Technologies Substitutes Assess-
ment methodology of its Design for the
Environment program.
Useful models for federal facilities are the
"Model Community" pollution prevention
demonstration projects, aimed at institutional-
izing multi-media prevention-based techniques
and approaches across all sectors of activity
within federal installations. The first of these
demonstrations has been initiated for three
DOD bases (Army, Navy and Air Force) and
one NASA facility in the Chesapeake Bay/
Tidewater VA region (see box on next page).
The demonstration projects will be designed to
be readily transferable and replicable at other
government installations and communities.
The challenge for federal agencies, as for
EPA itself, is to translate will into action and
national policies into practices implemented at
the facility level. For federal agencies to
become leaders in pollution prevention, an
environmental management hierarchy that
emphasizes pollution prevention through
source reduction must become the
government's way of
conducting business day-to-
day at all federal facilities. Ultimately,
the challenge of pollution prevention must be
extended to all forms of waste, and to a
reduction in the use of toxic materials, not just
their release.
2. Toxic Chemicals:
TRI Reporting and Reduction
Requirements
^ Under Executive Order 12856, federal
facilities that manufacture, import, or process
25,000 pounds or otherwise use 10.000
pounds of listed toxic chemicals are no\\
required to publicly report their wastes and
releases under the Emergency Planning and
Community Right-to-Know Act. Federal
facilities will report their toxic emissions
annually to EPA's Toxic Release Inventory
and to the states or tribes where the chemi-
cals are released. The public can obtain this
information from a national computer data-
base and from their respective states.
^ The first of the Toxic Release Inventory
(TRI) reports are due on or before July 1,
1995, covering the 1994 calendar year. Thus,
facilities must begin collecting TRI data a> of
January 1, 1994. These requirements apply to
federal facilities meeting the EPCRA
definition of "facility" and exceeding the
reporting thresholds. Reporting applies
even if facilities do not fall within SIC
codes 20-39, but it does not
apply to facilities located
outside the customs terri-
tory of the United States.
^ Facilities meeting the TRI
reporting requirements must
<<>EPA Pollution Prevention in the Federal Government
33
-------
Tidewater Interagency Pollution
In August 1991,; fet%'B6D;NAS*,;the;Alr Force, .Army -
and Navy signed- aoia^ee^eat formalizing the TIPP ,
program as a .a^peratiye ^eiiio^str^tfen-' program foi
federal installations In the lideiwater, '.Virginia area,
TIPPP includes the -Langley- -At" Force -'Base/ Norfolk '
Naval Base, Fort Emtis'(AteEy9, ia;r«} HASA'taagley Re-;
search Center, ;T|ie-'11PP:;^te|||tt\»ll;devetop=,tosttK
lation-wide pollution- pi-eV|iji|«»: pMii t»> Development by HAS^'laf g|ey Research Cen- „
ter of a new "jowpreg'^'iirocefetq-iiiipregriate
carbon fibers with dry p'o^ider'testo for tise in, •
aircraft applications^ -tibb ; new ; process • elto*- ; ;
nates solvents -and- reduce^;' the _ anio«ttt ,!of , - ,
waste generated; ' - : , • ; ;'.;,; ; '•"'* -' ' : ; .' . •; -
Use of a plural componerit:|)aiiit' system at
gley AFB that reduces -the gioount-of hazardous'
materials entering anct'leayiag itibe base." ;; • \
Installation of aqueows.'paris washers (to reduce •
solvent use, to the f>aits Hegntog process) at*;6ne ;
of Naval Base
aboard the
facilities and
develop goals to reduce their total releases
and off-site transfers of TRI toxic chemicals by
50 percent by the end of 1999. To the extent
practicable, such reductions should be
achieved by source reduction practices, in
preference to other strategies such as recycling
or treatment. The 50 percent goal is applied
on an agency-wide basis, and for all releases
and off-transfers of toxic chemicals, allowing
for variations in reductions achieved at indi-
vidual facilities and for individual chemicals.
Although the 50 percent goal is not an
absolute requirement (such as some of the
EPCRA reporting requirements), it is expected
that each agency will make every effort to set
and meet this target. In addition, each covered
facility must prepare a written plan outlining
how it will contribute to its agency-wide 50
percent target. The baseline for measuring
progress in achieving the 50 percent reduction
goal is the first year of public reporting of all
covered facilities' TRI releases, but it cannot be
later than calendar year 1994.
^ Federal agencies that do not meet the
reporting threshold for any TRI chemicals may
still elect to set a 50 percent reduction goal for
other pollutants that they generate. Some
federal agencies may also choose to expand
their baseline of toxic chemicals beyond the
TRI list, for example, to radioactive wastes and
chemicals in mixed hazardous wastes. Hazard-
ous waste and contaminated sites that are
being cleaned up under Superfund or RCRA
corrective actions are not to be included in
agency baselines or count as reductions
toward an agency's 50 percent reduction goal.
3. Energy Efficiency
Energy consumption is a prime source of
the air pollutants that contribute to acid rain,
smog, and global warming. Achieving energy
efficiency in federal facilities will not only
make a dent in pollution, but can cut costs to
agency budgets and taxpayers as well. With
the new technologies available in the last
decade, ample opportunities exist to substan-
tially improve environmental quality and cut
energy use, while still allowing residents and
workers in federal facilities to enjoy the same,
or even an improved, level of amenities.
34
Pollution Prevention in the Federal Government V>EPA
-------
^ Under the Energy Policy Act of 1992 and
Executive Order 12902, federal agencies are
required to:
^ Reduce overall energy use in federal
buildings by 30% by the year 2005
from 1985 energy use levels.
^ Increase overall energy efficiency in
industrial federal facilities by 20% by
2005 using 1990 as the baseline year.
^ Minimize use of petroleum products at
federal facilities by switching to less-
polluting alternative energy sources;
^ Significantly increase the use of solar
and other renewable energy sources;
^ Designate one major building as a
showcase for energy or water efficiency;
^ Design and construct new facilities to
minimize life-cycle cost through energy
efficiency and water conservation
technologies, and utilize passive solar
design and active solar technologies
wherever cost-effective.
^ Each agency must undertake a prioritization
survey of its facilities leading to the develop-
ment of a 10-year plan to conduct comprehen-
sive energy and water audits at each facility.
Recommendations resulting from each audit
for the installation of energy efficient, water
conservation, and renewable energy technolo-
gies must begin to be implemented within six
months of completion of the audit.
A prominent EPA effort in energy efficiency
is the Green Lights Program which was origi-
nally targeted at large companies, and has
since expanded to include federal agencies,
states, and numerous other organizations. The
program encourages companies, government
agencies, and other organizations to assess and
upgrade their lighting with energy-efficient
lighting technologies. Over 1000 participants
r Federal Agencies
i for federal agen-
e ope currently in place
' ''w \ {i,' -rof totporations, "Federal Partners"
i| OJBSQj'-iigj'^ |p • conduct lighting surveys on
"•' - ;,,^-*^^fffj::tpeM'%;tlM|eS','to .upgrade the lighting
;,to^"ea|r^^|i|^l^Mi^o^feS' wherever cost effective,
enhajief ^lilif^iflrke^lofi energy "efficient lighting,
technptQgleS,,-*€0mpi|t^l'.'ioftware"to calculate financial
data; and^,0!||^tk-.o|tr»fnexl' surveyors to help \mp\e-
ment optjiiilliif^ill^s^:For -more information, contact
base of infoT
-------
Energy Star Buildings
Opportunities for * ; ", -*
energy-savings-exist - , ; .
throughout most build-
ings, through '-a combi-
nation of technology
upgrades and improved
building operations and
maintenance. Maximum
energy and cost savings are
the goal for each type, of building.
For information on Energy Stff Bui
Chris O'Brien at-,EPAi 302-233-^146,
', >' ' *
Exanipte 1: Low-rise commercial building in
r cold! el!niiit9«
- ;1^jl4^l'f»^ige of upgrade options:
"}, cl^' Iftjpfoved roofing insulation
; \, J* -;Greiri;Ugh«s,
*'-, , fa -ffi^t-effidency furnace or heat pump
; '\I^N Pi^b*iiRcfe»:y packaged air conditioning
*:, Ixatitpfe 2; Office buildings In hot climate.
', ^ -' -Ty|»lcat'^<^age~ of upgrade options:
., cont»t ,
s
t itto&or drives for fans and pumps
with economizer.
to save energy and reduce pollution at the
lowest possible cost. EPA will provide techni-
cal information, technology demonstrations,
energy analysis tools, and an HVAC upgrade
manual, as well as public recognition to
participating organizations (see box).
4. Solid Waste Reduction and
Recycling
Executive Order 12873 provides an enor-
mous boost to federal agency efforts to reduce
waste at the source and to institute aggressive
recycling programs.
^ Each agency must establish a goal for solid
waste prevention and a goal for recycling, to
be achieved by 1995. An annual report on
progress in achieving these goals is required as
well. Waste prevention and recycling programs
are required for any agency that has not
already initiated such programs. The executive
order encourages federal agencies to consider
cooperative ventures with states and local
governments to promote recycling and waste
prevention in the community. This will not
only work to conserve disposal capacity but
will also allow the federal government to serve
as a model for private institutions.
^ Executive agencies must also establish
model facility demonstration programs that
include comprehensive waste prevention and
recycling, and that emphasize the acquisition
of recycled and environmentally preferable
products and services. The demonstration
programs should use electronic data inter-
change in a further effort to eliminate unneces-
sary paper transactions.
5. Other Prevention Activities
Federal agencies should include in their
strategies pollution prevention activities that
address other environmental issues, such as
water and other resource conservation, and
hazardous waste and oil spill prevention.
> Water Conservation. Under Executive
Order 12902, federal agencies are required to
evaluate opportunities for water conservation
at federal facilities and implement cost effec-
tive recommendations for water conservation
technology. Executive Order 12902 embraces
other incentives to encourage water conserva-
tion including:
^ Incorporation of water conservation goals
into management practices at federal facili-
ties, including GOCO facilities;
36
Pollution Prevention in the Federal Government oEPA
-------
^ Minimization of life cycle costs in new
federal facility construction through various
conservation approaches including water
conservation technologies;
^ Designation of showcase facilities represent-
ing energy efficiency and water conserva-
tion in both new construction and existing
facilities;
^ Reporting to the President on efforts and
actions by federal agencies to meet require-
ments of the order; and,
^ A variety of financial, budgetary, technical
assistance, incentive and awareness mecha-
nisms designed to facilitate federal agency
implementation of energy efficiency and
water conservation measures.
KPA encourages federal agencies to
develop programs for water conservation and
water use efficiency in order to reduce overall
loadings and discharges of pollutants to
receiving waters. Federal agencies are
encouraged to implement EPA's national
Municipal Water Pollution Policy and
Guidance (March 1991) at federal facilities'
wastewater treatment plants. EPA has also
conducted a study of Water Use Efficiency
Opportunities at federal facilities.
^ Hazardous Waste and Oil Spill Preven-
tion. Under Executive Order 12856, federal
agencies are required to comply with the
emergency planning and response provisions
of EPCRA. This includes submittal of emer-
gency planning notification (to the Local
Emergency Planning Committee by March
1994); information for the preparation of
Comprehensive Emergency Response Plans
(by August 1994); Material Safety Data Sheets
(by August 1994); an Emergency and Hazard-
ous Chemical Inventory Form (by December
1994); and emergency notification of releases
of an extremely hazardous substance (begin-
ning in January 1994).
A Prevention Committee of the National
Response Team has been established to:
(1) Provide and facilitate communica-
tion and information exchange among
NRT member agencies regarding
prevention activities;
(2) Maintain awareness of interagency
federal hazardous material and oil spill
prevention activities; and
(3) Promote the coordination of pre-
vention activities among federal agen-
cies, particularly those of interagency
interest such as materials classification.
oEPA I'olltiliou Prerention in the Federal Government
37
-------
V. Demonstrating Federal Leadership
The Government's Role in Pollution Prevention R&D and Tech Transfer
solutions and
and between
fry prevention needs and to enhance I
goods and services tWat
1. Introduction
In order for the federal government to
promote pollution prevention, it needs to
promote and build a strong scientific and
technical foundation through sound R&D.
Coordination and collaboration among federal
agencies are vital to address the technological
and socioeconomic challenges involved in
preventing pollution. Executive Order 12856
encourages federal agencies to develop and
test innovative pollution prevention technolo-
gies at their facilities in order to facilitate the
development of strong markets for such
technologies. Toward that end, Executive
Order 12856 encourages the formation of
partnerships among industry, federal agencies,
government laboratories, academia, and others
"to assess and deploy innovative environmen-
tal technologies for domestic use and for
markets abroad."
The goal of the government's pollution
prevention R&D efforts is to develop, evaluate
and promote opportunities, options and
approaches that are needed by the public and
private sector to achieve pollution prevention.
This section outlines some of the pollution
prevention activities currently being under-
taken by EPA and other federal agencies in
five areas of R&D and technology transfer:
methods development; technology develop-
ment and evaluation; assessments and demon-
strations; technical assistance and technology
transfer; and commercialization.
A number of federal agencies already have
pollution prevention research, development,
demonstration and technology transfer pro-
grams in place. They include; the Departments
of Agriculture, Commerce, Defense, Energy,
Interior, Transportation, the National Aeronau-
tics and Space Administration, the General
Services Administration, and the National
Science Foundation. To enhance the opportu-
nities to prevent pollution through joint efforts,
EPA has developed memoranda of understand-
ing (MOUs) with other federal agencies that
include R&D activities. For example, R&D and
technology transfer are critical components to
the MOU signed by EPA and DOE in October
1992 to enhance general cooperation between
the agencies.
In developing their pollution prevention
strategies, federal agencies should be cogni-
zant of the large number of ongoing projects
and build on these projects rather than dupli-
cating them. Current projects can serve as a
framework for cooperative efforts and for
developing new applications of pollution
prevention methods and technologies. In
addition, federal agencies should be aware of
the assistance available from EPA in develop-
38
Pollution Prevention in the Federal Government oEPA
-------
ing their pollution prevention R&D and tech-
nology transfer activities:
> EPA will perform R&D and work with other
federal agencies to establish the technological
and socioeconomic foundations for pollution
prevention.
> EPA will conduct R&D and work with other
federal agencies to identify, develop and
evaluate techniques for preventing pollution.
EPA will provide technical support to ensure
that federal policies and regulatory decisions
incorporate pollution prevention concepts.
^ EPA will assist other federal agencies to
assess and ensure that federal facility pro-
cesses and practices incorporate pollution
prevention. Through a variety of programs
(described below), EPA will also try to assist
federal agencies in applying pollution preven-
tion R&D results to operations and facilities
management.
^ EPA will work cooperatively with other
federal agencies to facilitate the transfer of
pollution prevention information from the
public sector to the private sector, and vice
versa using the Pollution Prevention Informa-
tion Clearinghouse (PPIC) and other vehicles.
^ As EPA develops its own Technology Inno-
vation Strategy, it will broaden its interest in
innovative technologies beyond those which
are directly and obviously concerned with the
environment, to a wider array of technology
design decisions that can have an important
impact on the environment.
Numerous technical assessments of pollu-
tion prevention opportunities and options
have been developed by EPA's ORD Pollution
Prevention Research Branch in recent years.
They are available through the Center for
Environmental Research Information and are
listed in Appendix A.
2. Current R&D and Tech
Transfer Programs
2.1 Methods Development
EPA's research program for pollution
prevention includes the development, assess-
ment, and application of tools to track
progress in pollution prevention by directly
or indirectly measuring pollutant reductions,
environmental and health effects, and eco-
nomic and social benefits. Tools being devel-
oped involve assessment techniques,
modelling techniques and life-cycle
assessments. EPA is also using
modeling to develop a set
of pollution prevention
factors for various
pollution prevention
techniques for incorpora-
tion into commercial process
simulation programs. Research pro-
grams will also be implemented to measure
the results of pollution prevention programs.
These will look at pollutant reduction, energy
and materials use reduction, environmental
and health effects, and economic and social
effects.
EPA, DOD, and DOE jointly manage a
coordinating mechanism — the Strategic-
Environmental Research and Development
Program (SERDP) — which has as one of its
primary objectives conducting "joint research,
development and demonstration projects
relating to innovative technologies, manage-
ment practices, and other approaches for
preventing pollution from all sources." EPA has
begun working with DOD and DOE to identify
oEPA Pollution Prevention in the Federal Government
39
-------
specific research and
demonstration projects for
SERDP. One example is a
proposed Integrated
Energy/Environment
Decision Methodology
for Federal Installations,
which would design,
develop, test, and
demonstrate a reliable
integrated energy/
environment decision
methodology. The
methodology could
be used by DOD
(and other federal) installations to guide the
modernization process.
2.2 Technology Development and
Evaluation
A number of federal agencies are
performing research in pollution prevention
to develop and evaluate new materials,
practices and technologies. For example, to
help reduce stratospheric ozone depletion,
EPA's Air and Energy Engineering Research
Laboratory has been working with the Coast
Guard under an interagency agreement to
investigate the applicability of North Slope
halon replacements for marine vessel uses.
This program was originally established to
investigate halon replacements for North
Slope explosion prevention and fire
suppression. Preparations for field-scale
testing of the leading replacement candidates
are underway.
EPA (ORD) has also been working with the
U.S. Department of Agriculture to develop
and evaluate new technologies to reduce
nonpoint source pollution. For example,
EPA's Environmental Research Laboratory is
planning to evaluate the use of variable rate
chemical application technologies. The
application of pesticides would be based on
crop needs.
2.3 Assessments and Demonstrations
Federal facilities provide an opportunity to
demonstrate advanced environmental technolo-
gies and innovative process operations in the
pollution prevention arena. EPA's Office of
Research and Development has been working
with a number of federal facilities to develop
pollution prevention programs, as well as
pollution prevention opportunity assessments,
audits, and demonstrations.
One primary program for promotion of
pollution prevention research is a cooperative
effort between EPA and the federal community
called Waste Reduction Evaluations at Federal
Sites (WREAFS). The three primary objectives
of the program are to: (1) conduct pollution
prevention opportunity assessments and case
studies; (2) conduct research and demonstra-
tion projects jointly with other federal activi-
ties; and (3) provide technology and
information transfer of pollution prevention
results via project reports, project summaries,
conference presentations, and workshops.
Projects are underway with the Departments of
Agriculture, Defense, Energy, Interior, Trans-
portation, Treasury, and Veteran Affairs. (See
box, page 41, for a sample assessment.)
In another program to assist industry, EPA
and DOE are sponsoring the performance of
pollution prevention assessments and energy
audits at qualifying small to medium-sized
manufacturers. Six university centers will
perform 60 combined "industrial assessments"
in FY 1994. Plans call for expanding the
number of trained university centers to 40 by
FY 1996.
EPA and the Department of Commerce have
recently agreed on a five-year program to
40
Pollution Prevention in the Federal Government oEPA
-------
Case Study: WREAFS Program , ? ;"';:; : ._ t .-'"•.'
Waster Minimization Opportunity Assessment: Fort Riley, Kansas
A pollution prevention
der. the -WREAFS -
Command ma
IV ,
sas» identified
ties,
p;S,
number, of other, Artrty? lompteMaap^ 'b
waste'
and adjusted In ''con«iattt» as
would-be, p
from tl» sykeA. ^^ 'p^f^i|d'ad
tralixed '
waste.
would-" saw
would' yield
': The assess-
, proposed\testallfag external equipment to
~ :','' -handle the dfrty.a,queoii&.alk0aUrie detetgent solution
cleaning, The pro-
butld- •' posed, process ;%Q«ld include emulsion breaking,
redKwat of dis and grease by sktoming, filtration,
;'and additkai of fresh-alfalirie detergent as necessary,
recircwfettort of the.cteaned washwater
auHofflotive. par&"deajier, TWs option is ex-
!to^ve,^U)7,l06^gsar ta operating costs, lead-
?'" 'teg td.a payback jpesiod of 048 years,.
'''" ? In rlight,; of the; shcwt j^ybtck pefipd^ of the two
: \ -- waste-,i)ed|ictiott'dptions!itienlifie3»'w^ imple-
pid"^, - meritatJdn of these options-at^drt'liiey would cre-
;-,ate •.tjhe^pofejfitiai" for 'applicafion '4f: strnilar waste
"FOISC6M tastallatibift& ••''-.'""•'' ;
!--'$®Arcb &mkefo'<
' -Drive, Cincinnati;
studies are
-Prevention Re-
v: Martin Luther King
provide pollution prevention technical assis-
tance to small and medium-sized businesses in
the metal forming, metal finishing, and metal
plating industries. As part of the program, EPA
will help fund technical assistance in pollution
prevention to be offered to small manufactur-
ers by the Great Lakes Manufacturing Technol-
ogy Center in Cleveland (part of the
Commerce Department's National Institute of
Standards and Technology).
A wide range of pollution prevention
technical demonstrations are underway or
being planned elsewhere in the federal sector.
For example, the Air Force Air Logistics Center
at Tinker Air Force Base has been working
with EPA to assess and evaluate pollution
prevention opportunities at the base involving
CFCs, electroplating wastes, component
cleaning, painting/paint-stripping, and vapor
degreasing. At Wright Patterson Air Force Base,
EPA has assisted the Air Force in the modifica-
tion of a vapor degreaser that has reduced
emissions by about 80 percent. Some federal
laboratories are considering becoming "test
centers" to assess and evaluate pollution
prevention techniques and technologies
through demonstrations.
2.4 Technology Assistance
Another component integral to the federal
government's policy and research role in
pollution prevention is that of technical assis-
tance and technology transfer. The federal
government has the opportunity to be a leader
in this area through its technical assistance
offices, its R&D facilities and staff, and its
Pollution Prevention m the Federal Government
41
-------
ability to conduct pilot programs that can be
replicated and transferred to other public and
private sector situations. Examples of activities
related to technology transfer in pollution
prevention include workshops, and advisory
groups.
^ Workshops: EPA sponsors a number of
workshops to provide technology transfer
on pollution prevention R&D and
technology develop-
ments. For example,
ORD's Center for
Environmental Re-
search Information
(CERI) provides "train-
the-trainer" workshops
that will help states,
universities and other
participants to improve their
pollution prevention assess-
ment skills and deliver training programs for
small and medium-sized businesses. Work-
shops to date have involved pollution preven-
tion training in electroplating rinsing
processes, metal painting processes, and
cleaning and degreasing processes.
*• Advisory Groups: Recognizing that innova-
tions in pollution prevention will emerge
primarily from the generators of pollution, EPA
along with the University of Cincinnati, estab-
lished the American Institute for Pollution
Prevention (AIPP) in order to create a new
liaison channel with industry. The Institute is
composed of representatives of some 25 trade
associations and professional societies. DOD
and DOE are also active members of AIPP.
Among the projects undertaken by Institute
members is the development of a series of
pollution prevention-oriented homework
problems for use in engineering curricula.
Another important group affecting pollution
prevention R&D is the National Advisory
Council on Environmental Policy and Technol-
ogy (NACEPT). This council comprises a group
of experts serving in an advisory capacity
directly to the EPA Administrator, studying
ways to foster technology innovation in pollu-
tion prevention and other areas. The Depart-
ments of Defense and Energy are both also
represented on NACEPT.
2.5 Commercialization
The federal government is sponsoring and
actively pursuing activities and programs to
accelerate the flow of environmental technolo-
gies to the national and international market-
place. EPA, DOE and DOD laboratories have a
number of programs underway to foster
cooperative work between the federal govern-
ment and industry to enhance environmental
and energy technology development.
> Cooperative Research and Development
Agreements (CRADAs): Most federal agen-
cies are authorized to enter into these agree-
ments with private firms and other appropriate
parties. CRADAs typically pair government
research laboratories and private research
facilities in joint efforts to develop and market-
ing new technologies.
*• National Technology Initiative (NTI): The
National Technology Initiative encourages
federal laboratories to work in collaboration
with industry to restore and protect the envi-
ronment, and to foster effective competitive
markets for U.S. goods and services. One
technical area that has been identified under
NTI for collaborative research involves pollu-
tion prevention. As part of NTI, DOE and EPA
have sponsored a series of workshops to
identify opportunities for cooperative agree-
42
Pollution Prevention in the Federal Government
-------
ments and programs between the federal
government and industry.
> National Environmental Technologies
Applications Corporation (NETAC): NETAC
is a non-profit corporation established under
a cooperative agreement between the Univer-
sity of Pittsburgh and EPA to link the re-
sources and experience of industry,
government, and academia to assist in the
commercialization of technologies. NETAC
provides guidance to companies on how to
deal with regulatory, financial, marketing and
technical issues. NETAC's toll-free Technology
Development Hotline, 800-48-NETAC, is
available Monday through Friday, 9 a.m. to 5
p.m. Funded by EPA, the hotline offers
information about: the environmental technol-
ogy commercialization process; public and
private financing sources; and government
programs supporting technology development
and commercialization.
> National Defense Environmental Corpo-
ration (NDEC) and the National Defense
Center for Environmental Excellence
(NDCEE): NDEC is a non-profit subsidiary of
the University of Pittsburgh Trust which oper-
ates NDCEE for the Department of Defense.
NDEC works with government and industry to
identify and develop solutions to environmen-
tal problems due to manufacturing, and oper-
ates a small factory to demonstrate alternative
pollution prevention technologies. NDCEE,
which can be reached at 815-269-2523, focuses
on the impact of manufacturing process
engineering.
Additional resources, clearinghouses, hotlines,
and publications are listed in Appendix A.
oEPA Pollution Prevention in the Federal Government
43
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VI. Conclusion
"We In the fetieml
V • '\ ** *"••' * '•- *' 1-
ecoftjqfttp ®|nise, \
iSa|J thi wayin redtianQ the use
preyefiticSn make?
i'll have (6f s
our own
— Carol M. Browner, EPA Administrator
The government's pollution prevention role
in acquisitions, facility management, policy-
making and technology depends on the
motivation and commitment of managers in
each federal agency to initiate and implement
successful pollution prevention programs.
Federal agencies make thousands of decisions
each year at every level in the course of
carrying out their mandates — from drafting
regulations to running hospitals, from funding
educational programs to acquiring parts and
supplies. Each of these activities presents
opportunities to prevent prevention.
In the private sector, pollution prevention
efforts have been found to be most successful
when they are part of the corporate philoso-
phy, that is, when they are instituted as a
company-wide goal at the highest levels of
management. In the federal sector, endorse-
ment of pollution prevention has indeed been
formalized at the highest level of leadership,
with the President of the United States. That
leadership and its accompanying vision for
federal agencies are embodied in the executive
orders signed in 1993. As a contributor to
pollution and waste generation, the federal
government has a responsibility to become a
leader in finding solutions. The new execu-
tive orders provide both the means and the
motivation for the federal government take
that step.
Through its many programs, policies, and
acquisition decisions, federal agencies are in a
strategic position to make pollution prevention
the dominant approach to solving environ-
mental issues in our society. Working coopera-
tively with departments and agencies, EPA
hopes to advance pollution prevention at all
levels of the government, signaling a new era
in federal responsibility and innovation in
environmental protection.
44
Pollution Prevention in the Federal Government oEPA
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Appendix A: Resources
General Information
^ EPA s Pollution Prevention Information Clearing-
house (PPIC) supports pollution prevention through
technology transfer, education, and public awareness.
PPIC's electronic bulletin board, the Pollution Preven-
tion Information Exchange System (PIES) offers free
technical, policy, programmatic, legislative, and finan-
cial information on source reduction and recycling
efforts in the United States and internationally. The
PPIC reference and referral service (tel: 202-260-1023;
fax: 202-260-0178) can direct callers to appropriate
sources of information and provide selected EPA
documents and fact sheets free of charge. A special
database on federal facilities pollution prevention
efforts, the Federal Agencies Mini-Exchange (FAME),
has been established on PIES; for information on
accessing it, call 202-260-3161.
^ Pollution Prevention Training Opportunities
Guide, available through PPIC, is an annual directory of
training-related services and materials. It contains
information on publicly sponsored training opportuni-
ties and resources on pollution prevention.
^ The Solid Waste Information Clearinghouse
(SWICH) is funded by EPA and operated by the Solid
Waste Association of North America. SWICH covers a
range of solid waste issues, including source reduction,
recycling, composting, collection and transfer. Call 800-
67-SWICH (677-9424).
EPA Hotlines
Green Lights Hotline 202-775-6650
Stratospheric Ozone Info Hotline 800-296-1996
Office of Water Resource Center 202-260-2814
Stormwater Hotline 703-821-4823
RCRA Hotline 800-424-9346
EPCRA Hotline (TRI information) 800-535-0202
TSCA Hotline (33/50 information) 202-554-1404
EPA Publications
^ Pollution Prevention and Right-to-Know in the
Government: Executive Order 12856 (EPA 100-K-93-
001, October 1993). Summarizes provisions and in-
cludes a copy of the executive order. Available from
EPCRA hotline or PPIC.
Interpretive Guidance for Implementation of
Executive Order 12856 (March 1994). Detailed
guidance on each section of the executive order
Available from EPCRA hotline or PPIC.
Information
Life-Cycle Analysis
^ Life-Cycle Assessment: Inventory Guidelines and
Principles (EPA/600/R-92/036, November 1992. 108
pp.). First in a series of document on life-cycle assess-
ment (LCA) methods, this document sets out general
guideline and principles for conducting the inventory
phase of an LCA — the quantification of all inputs and
outputs of a process, product, or service.
^- Life-Cycle Design Guidance Manual: Environmen-
tal Requirements and the Product System (EPA 600/
R-92/226, January 1993, 181 pp.). Life-cycle design is a
proactive approach for integrating pollution prevention
and resource conservation strategies into the develop-
ment of more ecologically and economically sustainable
product systems.
^ Costing and Life-Cycle Analysis for Pollution
Prevention Investments: A Practical User's Guide to
Environmental Project Financial Analysis at
Federal Facilities (under development) Applies life-
cycle principles to key decisions relevant to federal
facility management and procurement processes
Facility Assessments „"•,.<-'" •' ' ^
^ Facility Pollution Prevention Guide (EPA 600 R-92
088, Revised(1992)143 pp.) Manual for identifying
hazardous waste pollution prevention opportunities.
Includes worksheets, sample assessments, causes and
sources of waste, pollution prevention techniques, and
discussions of economic evaluation methods. Provides
details on how to set up pollution prevention programs.
This guide updates the "Waste Minimization Opportu-
nity Assessment Manual" (EPA, ORD, July 1988) \\hich
oEPA Pollution Prevention in the Federal Government
45
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describes procedures for implementing a waste minimi-
zation program.
Business Guide to Reducing Waste (EPA/530/K 92,
004, Sept. 1993). A manual to assist organizations in
conducting facility waste assessments and establishing a
solid waste reduction program. (Available through
RCRA Hotline.)
Compliance Through Pollution Prevention: Fed-
eral Facility Pollution Prevention Guide (forthcom-
ing). Applies the Facility Pollution Prevention Guide to
opportunities and situations most relevant to federal
facilities.
Pgtiution Prevention Case Studies Compendium
V ^EPA 600/R-92/046, April tt'992) 98 pp.). Short descrip-
Q/V tions of pollution prevention demonstrations, including
' company description, wastes reduced, technologies
used, and cost and savings information.
«?
\
>• Generic Protocol for Environmental Audits at
Federal Facilities, U.S. EPA. Revised to incorporate the
identification of pollution prevention opportunities
across all media as an integral part of the audit process.
^ Total Cost Assessment: Accelerating Industrial
Pollution Prevention through Innovative Project *
Financial Analysis, with applications to the pulp and
paper industries (EPA/74L R-92/002, June 1992, 167 ^
pp.). This manual describes the concepts and methods , "\t
of comprehensive, long-term financial analysis ot \VJ
f \ ^
pollution prevention projects. v-j .
^ A Primer for Financial Analysis of Pollution ^ ? '
' J Prevention Projects (F.PA/600/R-93/059, April '1993. 32 '"
pp.) Basic analytical techniques to analyze and justify
pollution prevention investments, focusing on eco-
nomic and financial factors.
^ Toxic Release Inventory Report for Federal Gov-
ernment-Owned, Contractor-Operated (GOCO)
Facilities under Section 313 of the Emergency
Planning and Community Right-to-Know Act, I'.S.
EPA Office of Federal Facilities Enforcement and Office
of Pollution Prevention, August 1993. TRI release data,
including individual facility totals, agency totals, and
chemical/release information.
Guides to Pollution Prevention. A series of
industry-specific volumes that present options for
minimizing waste generation through source reduction
and recycling.
Automotive Refinishing Industry EPA/625/7-91/016
Auto Repair Industry EPA/625/7-91/015
Commercial Printing Industry EPA/625/7-90/008
Fabricated Metal Industry EPA/625/7-90/006
Fiberglass Reinforced & Composite
Plastics EPA/625/7-91/014
Marine Maintenance and Repair EPA/625/7-91/015
Mechanical Equipment Repair Industry EPA/625/R-92/008
Metal Casting & Heat Treating Industry EPA/625/R-92/009
Non-Agricultural Pesticide Users EPA 625-R-93-009
Paint Manufacturing Industry EPA/625/7-90/005
Pesticide Formulating Industry EPA/625/7-90/004
Pharmaceutical Preparation EPA/625/7-91/017
Photoprocessing Industry EPA/625/7-91/012
Printed Circuit Board Manufacturing
Industry EPA/625/7-90/007
Research and Educational Institutions EPA/625/7-90/010
Selected Hospital Waste Streams EPA/625/7-90/009
Waste Minimization Opportunity Assessment
v Project Summaries. Results of cooperative assess-
ments performed by EPA and federal agencies at federal
facilities.
Fort Riley, Kansas EPA/600/S2-90/031
Philadelphia Naval Shipyard EPA/600/S2-90/046
U.S. Coast Guard Support Center,
Governors Island, NY EPA/600/S2-90/062
Naval Undersea Warfare Engineering
Station, Keyport, WA EPA/600/S2-91/030
Optical Fabrication Laboratory,
Fitzsunmons Army Medical Center,
Denver, CO EPA/600/S2-91/031
A Truck Assembly Plant EPA/600/S2-91/038
A Photofmishing Facility EPA/600/S2-91/039
Scott Air Force Base EPA/600/S2-91/054
Project Summaries:
Hospital P2 Case Study
EPA/600/S2-91/019
46
Pollution Prevention in the Federal Government oEPA
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Evaluation of Five Waste Minimization
Technologies/General Dynamics
Pomona Division Plant EPA/600/S2-91/067
Automotive and Heavy-Duty Engine
Coolant Recycling by Filtration EPA/600/S2-9V066
Automotive ancl Heavy-Duty Engine
Coolant Recycling by Distillation EPA/600/S2-91/024
Environmental Research Briefs. Short summaries of
the results of selected waste minimization assessments.
Waste Minimization Assessment for:
Manufacturer of Printed Plastic Bags EPA/600/M-90/017
Metal Parts Coating Plant EPA/600/M-91/015
Manufacturer of Outdoor Illuminated
Signs EPA/600/M-91/016
Manufacturer of Rebuilt Railway
Cars and Components EPA/600/M-91/017
Manufacturer of Brazed Aluminum
Oil Coolers EPA/600/M-91/018
Manufacturer of Heating. Ventilating,
and Air Conditioning Equipment EPA/600/M-91/019
Bumper Refinishmg Plant EPA/600/M-91/020
Multilayered Printed Circuit Board
Manufacturing EPA/600/M-91/021
Manufacturer of Printed Circuit
Boards EPA/600/M-91/022
Paint Manufacturing Plant EPA/600/M-91/023
Manufacturer of Compressed Air
Equipment Components EPA/600/M-91/024
Manufacturer of Aluminum Cans EPA/600/M-91/025
Manufacturer of Refurbished Railcar
Bearing Assemblies
Manufacturer of Prototype Printed
Circuit Boards
Manufacturer of Speed Reduction
Equipment EPA/600/M-91/046
Manufacturer of Printed Labels EPA/600/M-91/047
Manufacturer of Chemicals EPA/600/S-92/004
A Dany EPA/600/S-92/005
Manufacturer of Metal-Cutting Wheels
and Components EPA/600/S-92/006
EPA/600/M-91/044
EPA/600/M-91/045
Manufacturer of Automotive Air Conditioning
Condensers and Evaporators EPA/600/S-92/007
Printed Circuit Board Manufacturer EPA/600/S-92/008
Manufacturer of Components for
Automobile Air Conditioners EPA/600/ S-92/009
Manufacturer of Aluminum Extrusions EPA/600/S-92/010
Manufacturer Producing Galvanized
Steel Parts EPA/600/S-92/011
Manufacturer of Commercial Ice Machines
and Ice Storage Bins EPA/600/S-92 '012
Manufacturer of Water Analysis
Instrumentation EPA/600/S-92'()13
Manufacturer of Can-Manufacturing
Equipment EPA/600/ S-92/014
Manufacturer of Metal Bands, Clamps,
Retainers, and Tooling EPA/600/ S-92, 015
Manufacturer of Permanent-Magnet
DC Electric Motors EPA/600, S-92 '016
Manufacturer of Military Furniture EPA/600 S-92, 017
Aluminum Extrusions Manufacturer EPA/600/S-92/018
Manufacturer of Metal-Plated
Display Racks EPA/600, S-92 019
Manufacturer of Motor Vehicle
Exterior Mirrors EPA/600/ S-92 020
Manufacturer of Sheet Metal Cabinets
and Precision Metal Parts EPA/600/S-92/021
Manufacturer Producing Treated
Wood Products EPA/600/S-92, 022
Manufacturer of Industrial Coatings EPA/600 S-92, 028
Manufacturer of Cutting and Welding
Equipment EPA/600, S-92 029
Manufacturer of Finished Metal
Components EPA/600 S-92, 030
Manufacturer of Machined Parts EPA/600 S-92 031
Manufacturer of Injection-Molded
Car and Truck Mirrors EPA/600, S-92, 032
Manufacturer Producing Printed
Circuit Boards EPA 600 S-92 033
Manufacturer of Custom Molded
Plastic Products EPA 600 S-92 034
Manufacturer of Sheet Metal
Components EPA 600 S-92 035
Pollution Prevention in the Federal Government
47
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Manufacturer of Silicon-Controlled
Rectifiers and Schottky Rectifiers
Manufacturer of Penny Blanks and
Zinc Products
EPA/600/S-92/036
EPA/600/S-92/037
Waste Reduction Activities and Options for:
Printer of Forms and Supplies for the
EPA/600/S-92/003
EPA/600/S-92/025
EPA/600/S-92/026
EPA/600/S-92/027
EPA/600/S-92/039
EPA/600/S-92/040
Legal Profession
Nuclear Powered Electrical
Generating Station
State DOT Maintenance Facility
Local Board of Education in
New Jersey
Manufacturer of Finished Leather
Manufacturer of Paints Primarily for
Metal Finishing
Manufacturer of Writing Instruments EPA/600/S-92/041
Manufacturer of Room Air Conditioning
Units and Humidifiers EPA/600/S-92/042
Autobody Repair Facility EPA/600/S-92/043
Fabricator and Finisher of Steel
Computer Cabinet EPA/600/S-92/044
Manufacturer of Artists' Supply Paints EPA/600/S-92/045
Manufacturer of Wire Stock Used for
Production of Metal Items EPA/600/S-92/046
Manufacturer of Commercial
Refrigeration Units EPA/600/S-92/047
Transporter of Bulk Plastic Pellets EPA/600/S-92/048
Manufacturer of Electroplated Wire
Manufacturer of Systems to Produce
Semiconductors
Remanufacturer of Automobile
Radiators
Manufacturer of Fire Retardant Plastic
Pellets and Hot Melt Adhesives
Printing Plate Preparation Section
of a Newspaper
Manufacturer of General Purpose
Paints and Painting Supplies
Manufacturer of Fine Chemicals
Using Batch Processes
Laminator of Paper and Cardboard
Packages
Manufacturer of Hardened Steel Gears
Scrap Metal Recovery Facility
Manufacturer of Electroplating
Chemical Products
Manufacturer of Plastic Containers by
Injection Molding
Fossil Fuel-Fired Electrical Generating
Station
Manufacturer of Commercial Dry
Cleaning Equipment
Electrical Utility Transmission System
Monitoring and Maintenance Facility
Manufacturer of Orthopedic Implants
EPA/600/S-92/049
EPA/600/S-92/050
EPA/600/S-92/051
EPA/600/S-92/052
EPA/600/S-92/053
EPA/600/S-92/054
EPA/600/S-92/055
EPA/600/S-92/056
EPA/600/S-92/057
EPA/600/S-92/058
EPA/600/S-92/059
EPA/600/S-92/060
EPA/600/S-92/061
EPA/600/S-92/062
EPA/600/S-92/063
EPA/600/S-92/064
48
Pollution Prevention in the Federal Government oEPA
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Appendix B
Executive Order 12856
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THE EXECUTIVE ORDER
Federal Register
Vol. 58, No. 150
Friday, August 6,1993
41981
Presidential Documents
Title 3—
The President
Executive Order 12856 of August 3, 1993
Federal Compliance With Right-to-Know Laws and Pollution
Prevention Requirements
WHEREAS, the Emergency Planning and Community Right-to-Know Act
of 1986 (42 U.S.C. 11001-11050) (EPCRA) established programs to provide the
public with important information on the hazardous and toxic chemicals in their
communities, and established emergency planning and notification requirements
to protect the public in the event of a release of extremely hazardous substances;
WHEREAS, the Federal Government should be a good neighbor to local communi-
ties by becoming a leader in providing information to the public concerning toxic
and hazardous chemicals and extremely hazardous substances at Federal facilities,
and in planning for and preventing harm to the public through the planned or
unplanned releases of chemicals;
WHEREAS, the Pollution Prevention Act of 1990 (42 U.S.C. 13101-13109) (PPA)
established that it is the national policy of the United States that whenever feasible,
pollution should be prevented or reduced at the source, that pollution that cannot
be prevented should be recycled in an environmentally safe manner; that pollution
that cannot be prevented or recycled should be treated in an environmentally safe
manner; and that disposal or other release into the environment should be em-
ployed only as a last resort and should be conducted in an environmentally safe
manner;
WHEREAS, the PPA required the Administrator of the Environmental Protection
Agency (EPA) to promote source reduction practices in other agencies;
WHEREAS, the Federal Government should become a leader in the field of pollu-
tion prevention through the management of its facilities, its acquisition practices,
and in supporting the development of Innovative pollution prevention programs
and technologies;
WHEREAS, the environmental, energy, and economic benefits of energy and wa-
ter use reductions are very significant; the scope of innovative pollution prevention
programs must be broad to adequately address the highest-risk environmental
problems and to take full advantage of technological opportunities in sectors other
than industrial manufacturing; the Energy Policy Act of 1992 (Public Law 102-486
of October 24, 1992) requires the Secretary of Energy to work with other Federal
agencies to significantly reduce the use of energy and reduce the related environ-
mental Impacts by promoting use of energy efficiency and renewable energy tech-
nologies; and
WHEREAS, as the largest single consumer in the Nation, the Federal Government
has the opportunity to realize significant economic as well as environmental ben-
efits of pollution prevention;
AND IN ORDER TO:
Ensure that all Federal agencies conduct their facility management and acquisition
activities so that, to the maximum extent practicable, the quantity of toxic chemi-
cals entering any wastestream, including any releases to the environment, is re-
duced as expeditiously as possible through source reduction; that waste that is
generated is recycled to the maximum extent practicable; and that any wastes
remaining are stored, treated or disposed of in a manner protective of public
health and the environment;
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41982 Federal Register / Vol. 58, No. 150 / Friday, August 6,1993 / Presidential Documents
Require Federal agencies to report in a public manner toxic chemicals entering
any wastestream from their facilities, including any releases to the environment,
and to improve local emergency planning, response, and accident notification; and
Help encourage markets for clean technologies and safe alternatives to extremely
hazardous substances or toxic chemicals through revisions to specifications and
standards, the acquisition and procurement process, and the testing of innovative
pollution prevention technologies at Federal facilities or in acquisitions;
NOW THEREFORE, by the authority vested in me as President by the Constitu-
tion and the laws of the United Slates of America, including the EPCRA, the PPA,
and section 301 of title 5, United States Code, it is hereby ordered as follows:
Section 1. Applicability.
1-101. As delineated below, the head of each Federal agency is responsible for
ensuring that all necessary actions are taken for the prevention of pollution with
respect to that agency's activities and facilities, and for ensuring that agency's
compliance with pollution prevention and emergency planning and community
right-to-know provisions established pursuant to all implementing regulations is-
sued pursuant to EPCRA and PPA.
1 102. Except as otherwise noted, this order is applicable to all Federal agencies
that either own or operate a "facility" as that term is defined in section 329(4} of
EPCRA, if such facility meets the threshold requirements set forth in EPCRA for
compliance as modified by section 3-304(b) of this order ("covered facilities").
Except as provided in section 1-103 and section 1-104 below, each Federal agency
must apply all of the provisions of this order to each of its covered facilities,
including those facilities which are subject, independent of this order, to the
provisions of EPCRA and PPA (e.g., certain Government-owned/contractor-oper-
ated facilities (GOCO's), for chemicals meeting EPCRA thresholds). This order
does not apply to Federal agency facilities outside the customs territory of the
United States, such as United States diplomatic and consular missions abroad.
1-103. Nothing in this order alters the obligations which GOCO's and Government
corporation facilities have under EPCRA and PPA independent of this order or
subjects such facilities to EPCRA or PPA if they are otherwise excluded. However,
consistent with section 1-104 below, each Federal agency shall include the releases
and transfers from all such facilities when meeting all of the Federal agency's
responsibilities under this order.
1-104. To facilitate compliance with this order, each Federal agency shall provide,
in all future contracts between the agency and its relevant contractors, for the
contractor to supply to the Federal agency all information the Federal agency
deems necessary for it to comply with this order. In addition, to the extent that
compliance with this order is made more difficult due to lack of information from
existing contractors, Federal agencies shall take practical steps to obtain the infor-
mation needed to comply with this order from such contractors.
Sec. 2-2. Definitions.
2-201. All definitions found in EPCRA and PPA and implementing regulations are
incorporated in this order by reference, with the following exception: for the
purposes of this order, the term "person", as defined in section 329(7) of EPCRA,
also includes Federal agencies.
2-202. Federal 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.
2-203. Pollution Prevention means "source reduction," as defined in the PPA, 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.
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Federal Register / Vol. 58, No. 150 / Friday, August 6,1993 / Presidential Documents 41983
2-204. GOCO means a Government-owned/contractor-operated facility which is
owned by the Federal Government but all or portions of which are operated by
private contractors.
2-205. Administrator means the Administrator of the EPA.
2-206. Toxic Chemical means a substance on the list described in section 313(c) of
EPCRA.
2-207. Toxic Pollutants. For the purposes of section 3-302(a) of this order, the
term "toxic pollutants" shall include, but is not necessarily limited to, those
chemicals at a Federal facility subject to the provisions of section 313 of EPCRA
as of December 1,1993. Federal agencies also may choose to include releases and
transfers of other chemicals, such as "extremely hazardous chemicals" as de-
fined in section 329(3) of EPCRA, hazardous wastes as defined under the Re-
source Conservation and Recovery Act of 1976 (42 U.S.C 6901-6986) (RCRA), or
hazardous air pollutants under the Clean Air Act Amendments (42 U.S.C. 7403-
7626); however, for the purposes of establishing the agency's baseline under 3-
302(c), such "other chemicals" are in addition to (not instead of) the section 313
chemicals. The term "toxic pollutants" does not include hazardous waste subject
to remedial action generated prior to the date of this order.
Sec. 3-3. Implementation.
3-301. Federal Agency Strategy. Within 12 months of the date of this order, the
head of each Federal agency must develop a written pollution prevention strat-
egy to achieve the requirements specified in sections 3-302 through 3-305 of this
order for that agency. A copy thereof shall be provided to the Administrator.
Federal agencies are encouraged to involve the public in developing the required
strategies under this order and in monitoring their subsequent progress in meet-
ing the requirements of this order. The strategy shall include, but shall not be
limited to, the following elements:
(a) A pollution prevention policy statement, developed by each Federal agency,
designating principal responsibilities for development, implementation, and evalu-
ation of the strategy. The statement shall reflect the Federal agency's commit-
ment to incorporate pollution prevention through source reduction in facility
management and acquisition, and it shall identify an individual responsible for
coordinating the Federal agency's efforts in this area.
(b) A commitment to utilize pollution prevention through source reduction,
where practicable, as the primary means of achieving and maintaining compli-
ance with all applicable Federal, State, and local environmental requirements.
3-302. Toxic I hrmical Reduction Goals, (a) The head of each Federal agency
subject to this order shall ensure that the agency develops voluntary goals to
reduce the ageno's total releases of toxic chemicals to the environment and off-
site transfers of such toxic chemicals for treatment and disposal from facilities
covered by this order by 50 percent by December 31, 1999. To the maximum
extent practicable, such reductions shall be achieved by implementation of source
reduction practices.
(b) The baseline for measuring reductions for purposes of achieving the 50
percent reduction i;oal for each Federal agency shall be the first year in which
releases of toxic chemicals to the environment and off-site transfers of such
chemicals for treatment and disposal are publicly reported. The baseline amount
as to which the 50 percent reduction goal applies shall be the aggregate amount
of toxic chemicals reported in the baseline year for all of that Federal agency's
facilities meeting the threshold applicability requirements set forth in section 1-
102 of this order. In no event shall the baseline be later than the 1994 reporting
year.
(c) Alternatively, a Federal agency may choose to achieve a 50 percent reduc-
tion goal for toxic pollutants. In such event, the Federal agency shall delineate
the scope of its reduction program in the written pollution prevention strategy
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41984 Federal Register / Vol. 58, No. 150 / Friday, August 6,1993 / Presidential Documents
that is required by section 3-301 of this order. The baseline for measuring reduc-
tions for purposes of achieving the 50 percent reduction requirement for each
Federal agency shall be the first year in which releases of toxic pollutants to the
environment and off-site transfers of such chemicals for treatment and disposal are
publicly reported for each of that Federal agency's facilities encompassed by
section 3-301. In no event shall the baseline year be later than the 1994 reporting
year. The baseline amount as to which the 50 percent reduction goal applies shall
be the aggregate amount of toxic pollutants reported by the agency in the baseline
year. For any toxic pollutants included by the agency in determining its baseline
under this section, in addition to toxic chemicals under EPCRA, the agency shall
report on such toxic pollutants annually under the provisions of section 3-304 of
this order, if practicable, or through an agency report that is made available to the
public.
(d) The head of each Federal agency shall ensure that each of its covered facilities
develops a written pollution prevention plan no later than the end of 1995, which
sets forth the facility's contribution to the goal established in section 3-302(a) of
this order. Federal agencies shall conduct assessments of their facilities as neces-
sary to ensure development of such plans and of the facilities' pollution prevention
programs.
3-303. Acquisition and Procurement Goals, (a) Each Federal agency shall establish a
plan and goals for eliminating or reducing the unnecessary acquisition by that
agency of products containing extremely hazardous substances or toxic chemicals.
Similarly, each Federal agency shall establish a plan and goal for voluntarily
reducing its' own manufacturing, processing, and use of extremely hazardous
substances and toxic chemicals. Priorities shall be developed by Federal agencies,
in coordination with EPA, for implementing this section.
(b) Within 24 months of the date of this order, the Department of Defense (DOD)
and the General Services Administration (GSA), and other agencies, as appropri-
ate, shall review their agency's standardized documents, including specifications
and standards, and identify opportunities to eliminate or reduce the use by their
agency of extremely hazardous substances and toxic chemicals, consistent with the
safety and reliability requirements of their agency mission. The EPA shall assist
agencies in meeting the requirements of this section, including identifying substi-
tutes and setting priorities for these reviews. By 1999, DOD, GSA and other
affected agencies shall make all appropriate revisions to these specifications and
standards.
(c) Any revisions to the Federal Acquisition Regulation (FAR) necessary to
implement this order shall be made within 24 months of the date of this order.
(d) Federal agencies are encouraged to develop and test innovative pollution
prevention technologies at their facilities in order to encourage the development of
strong markets for such technologies. Partnerships should be encouraged between
industry, Federal agencies, Government laboratories, academia, and others to
assess and deploy innovative environmental technologies for domestic use and for
markets abroad.
3-304. Toxics Release Inventory/Pollution Prevention Act Reporting, (a) The head of
each Federal agency shall comply with the provisions set forth in section 313 of
EPCRA, section 6607 of PPA, all implementing regulations, and future amend-
ments to these authorities, in light of applicable guidance as provided by EPA.
(b) The head of each Federal agency shall comply with these provisions without
regard to the Standard Industrial Classification (SIC) delineations that apply to
the Federal agency's facilities, and such reports shall be for all releases, transfers,
and wastes at such Federal agency's facility without regard to the SIC code of the
activity leading to the release, transfer, or waste. All other existing statutory or
regulatory limitations or exemptions on the application of EPCRA section 313 shall
apply to the reporting requirements set forth in section 3-304(a) of this order.
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Federal Register / Vol. 58, No. 150 / Friday, August 6,1993 / Presidential Documents 41985
(c) The first year of compliance shall be no later than for the 1994 calendar year
with reports due on or before July 1, 1995
3-305. Emergency Planning and Community Right-to-Know Reporting Responsibilities.
The head of each Federal agency shall comply with the provisions set forth in sections
301 through 312 of EPCRA, all implementing regulations, and future amendments to
these authorities in light of any applicable guidance as provided by EPA. Effective
dates for compliance shall be: (a) With respect to the provisions of section 302 of
EPCRA emergency planning notification shall be made no later than 7 months after
the date of this order.
(b) With respect to the provisions of section 303 of EPCRA all information neces-
sary for the applicable Local Emergency Planning Committee (LEPC's) to prepare or
revise local Emergency Response Plans shall be provided no later than 1 year after the
date of this order.
(c) To the extent that a facility is required to maintain Material Safety Data Sheets
under any provisions of law or Executive order, information required under section
311 of EPCRA shall be submitted no later than 1 year after the date of this order, and
the first year of compliance with section 312 shall be no later than the 1994 calendar
year, with reports due on or before March 1,1995.
(d) The provisions of section 304 of EPCRA shall be effective beginning January 1,
1994.
(e) These compliance dates are not intended to delay implementation of earlier
timetables already agreed to by Federal agencies and are inapplicable to the extent
they interfere with those timetables.
Sec. 4—4. Agency Coordination.
4-401. By February 1, 1994, the Administrator shall convene an interagency Task
Force composed of the Administrator, the Secretaries of Commerce, Defense, and
Energy, the Administrator of General Services, the Administrator of the Office of
Procurement Policy in the Office of Management and Budget, and such other agency
officials as deemed appropriate based upon lists of potential participants submitted to
the Administrator pursuant to this section by the agency head. Each agency head may
designate other senior agency officials to act in his/her stead, where appropriate. The
Task Force will assist the agency heads in the implementation of the activities re-
quired under this order.
4-402. Federal agencies subject to the requirements of this order shall submit annual
progress reports to the Administrator beginning on October 1,1995. These reports all
include a description of the progress that the agency has made in complying with all
aspects of this order, including the pollution reductions requirements. This reporting
requirement shall expire after the report due on October 1, 2001.
4-403. Technical Advice. Upon request and to the extent practicable, the Administra-
tor shall provide technical advice and assistance to Federal agencies in order to foster
full compliance with this order. In addition, to the extent practicable, all Federal
agencies subject to this order shall provide technical assistance, if requested, to
LEPC's In their development of emergency response plans and in fulfillment of their
community right-to-know and risk reduction responsibilities.
4-404. Federal agencies shall place high priority on obtaining funding and resources
needed for implementing all aspects of this order, including the pollution prevention
strategies, plans, and assessments required by this order, by identifying, requesting,
and allocating funds through line-item or direct funding requests. Federal agencies
shall make such requests as required in the Federal Agency Pollution Prevention and
Abatement Planning Process and through agency budget requests as outlined in
Office of Management and Budget (OMB) Circulars A-106 and A-ll, respectively.
Federal agencies should apply to the maximum extent practicable, a life cycle analysis
and total cost accounting principles to all projects needed to meet the requirements of
this order.
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41986 Federal Register / Vol. 58, No. 150 / Friday, August 6,1993 / Presidential Documents
4-405. Federal Government Environmental/ Challenge Program. The Adminis-
trator shall establish a "Federal Government Environmental Challenge Pro-
gram" to recognize outstanding environmental management performance in
Federal agencies and facilities. The program shall consist of two components
that challenge Federal agencies; (a) to agree to a code of environmental prin-
ciples to be developed by EPA, in cooperation with other agencies, that empha-
sizes pollution prevention, sustainable development and state of-the-art environ-
mental management programs, and (b) to submit applications to EPA for indi-
vidual Federal agency facilities for recognition as "Model Installations." The
program shall also include a means for recognizing individual Federal employ-
ees who demonstrate outstanding leadership in pollution prevention.
Sec 5-5. Compliance.
5-501. By December 31,1993, the head of each Federal agency shall provide the
Administrator with a preliminary list of facilities that potentially meet the
requirements for reporting under the threshold provisions of EPCRA, PPA, and
this order.
5-502. The head of each Federal agency is responsible for ensuring that such
agency take all necessary actions to prevent pollution in accordance with this
order, and for that agency's compliance with the provisions of EPCRA and PPA.
Compliance with EPCRA and PPA means compliance with the same substantive,
procedural, and other statutory and regulatory requirements that would apply
to a private person. Nothing in this order shall be construed as making the
provisions of sections 325 and 326 of EPCRA applicable to any Federal agency
or facility, except to the extent that such Federal agency or facility would
independently be subject to such provisions. EPA shall consult with Federal
agencies, if requested, to determine the applicability of this order to particular
agency facilities.
5-503. Each Federal agency subject to this order shall conduct internal reviews
and audits, and take such other steps, as may be necessary to monitor compli-
ance with sections 3-304 and 3-305 of this order.
5-504. The Administrator, in consultation with the heads of Federal agencies,
may conduct such reviews and inspections as may be necessary to monitor
compliance with sections 3-304 and 3-305 of this order. Except as excluded
under section 6-601 of this order, all Federal agencies are encouraged to cooper-
ate fully with the efforts of the Administrator to ensure compliance with sections
3-304 and 3-305 of this order.
5-505. Federal agencies are further encouraged to comply with all state and local
right-to-know and pollution prevention requirements to the extent that compli-
ance with such laws and requirements is not otherwise already mandated.
5-506. Whenever the Administrator notifies a Federal agency that it is not in
compliance with an applicable provision of this order, the Federal agency shall
achieve compliance as promptly as is practicable.
5-507. The EPA shall report annually to tho President on Federal agency compli-
ance with the provisions of section 3-304 of this order.
5-508. To the extent permitted by law and unless such documentation is withheld
pursuant to section 6-601 of this order, the public shall be afforded ready access
to all strategies, plans, and reports required to be prepared by Federal agencies
under this order by the agency preparing the strategy, plan, or report. When the
reports are submitted to EPA, EPA shall compile the strategies, plans, and
reports and make them publicly available as well. Federal agencies are encour-
aged to provide such strategies, plans, and reports to the State and local authori-
ties where their facilities are located for an additional point of access to the
public.
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Federal Register / VoK 58, No. 150 / Friday, August 6, 1993 / Presidential Documents
41987
[FR Doc/93-19069
Filed 8-4-93; 4:37 pm)
Billing code 3195-01-P
Sec. 6-6. Exemption.
6-601. In the interest of national security, the head of a Federal agency may request
from the President an exemption from complying with the provisions of any or all
aspects of this order for particular Federal agency facilities, provided that the proce-
dures set forth in section 120(j)(l) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (42 U.S.C. 9620(j)(l)), are
followed. To the maximum extent practicable, and without compromising national
security, all Federal agencies shall strive to comply with the purposes, goals, and
implementation steps set forth in this order.
Sec. 7-7. General Provisions.
7-701. Nothing in this order shall create any right or benefit, substantive or proce-
dural, enforceable by a party against the United States, its agencies or instrumentali-
ties, its officers or employees, or any other person.
THE WHITE HOUSE,
August 3, 1993.
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Appendix C
Executive Order 12873
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Statement on Signing the Executive
Order on Federal Acquisition,
Recycling, and Waste Prevention
October 20,1993
Families, businesses, and communities all
across America know that recycling makes
sense. It saves money and it protects the en-
vironment. It's time for the Government to
set an example and provide real leadership
that will help create jobs and protect the en-
vironment, encouraging ne\y markets for re-
cycled products and new technologies.
NOTE: The President's statement was included in
a White House announcement on the President's
signing of Executive Order 12873.
Executive Order 12873—Federal
Acquisition, Recycling, and Waste
Prevention
October 20,1993
Whereas, the Nation's interest is served
when the Federal Government can make
more efficient use of natural resources by
maximizing recycling and preventing waste
wherever possible;
Whereas, this Administration is deter-
mined to strengthen the role of the Federal
Government as an enlightened, environ-
mentally conscious and concerned consumer;
Whereas, the Federal Government
should—through cost-effective waste pre-
vention and recycling activities—work to
conserve disposal capacity, and serve as a
model in this regard for private and other
public institutions; and
Whereas, the use of recycled and environ-
mentally preferable products and services by
the Federal Government can spur private
sector development of new technologies and
use of such products, thereby creating busi-
ness and employment opportunities and en-
hancing regional and local economies and the
national economy;
Now, Therefore, I, William J. Clinton,
by the authority vested in me as President
by the Constitution and the laws of the Unit-
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ed States of America, including the Solid
Waste Disposal Act, Public Law 89-272, 79
Stat. 997, as amended by the Resource Con-
servation and Recovery Act ("RCRA"), Pub-
lic Law 94-580, 90 Stat. 2795 as amended
(42 U.S.C. 6901-6907), and section 301 of
title 3, United States Code, hereby order 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 agen-
cy's daily operations and work to increase and
expand markets for recovered materials
through greater Federal Government pref-
erence and demand for such products.
Sec. 102. Consistent with policies estab-
lished by Office of Federal Procurement Pol-
icy ("OFPF') Policy Letter 92-4, agencies
shall comply with executive branch policies
for the acquisition and use of environ-
mentally 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 Federal En-
vironmental Executive and establishes high-
level Environmental Executive positions
within each agency to be responsible for ex-
pediting the implementation of this order
and statutes that pertain to this order.
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 compet-
ing products or services that serve the same
purpose. This comparison may consider raw
materials acquisition, production, manufac-
turing, packaging, distribution, reuse, oper-
ation, maintenance, or disposal of the prod-
uct 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 mate-
rial" is a part of the broader category of "re-
covered material".
Sec. 204. "Acquisition" means the acquir-
ing by contract with appropriated funds for
supplies or services (including construction)
by and for the use of the Federal Govern-
ment 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 in-
cludes the description of requirements to sat-
isfy agency needs, solicitation and selection
of sources, award of contracts, contract fi-
nancing, contract performance, contract ad-
ministration and Uiose technical and manage-
ment functions directly related to the process
of fulfilling agency needs by contract.
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 mate-
rials and by-products generated from, and
commonly reused within, an original manu-
facturing 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," also known
as "source reduction," means any change in
the design, manufacturing, purchase or use
of materials or products (including packag-
ing) to reduce their amount or toxicity before
they become municipal solid waste. Waste
prevention also refers to the reuse of prod-
ucts or materials.
Sec. 209. "Waste reduction" means pre-
venting or decreasing the amount of waste
being generated through waste prevention,
recycling, or purchasing recycled and envi-
ronmentally preferable products.
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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 Analysis" means the
comprehensive examination of a product's
environmental and economic effects
throughout its lifetime including new mate-
rial extraction, transportation, manufactur-
ing, use, and disposal.
PART 3—THE ROLE OF THE FEDERAL
ENVIRONMENTAL EXECUTIVE AND AGENCY
ENVIRONMENTAL EXECUTIVES
Sec. 301. Federal Environmental Execu-
tive, (a) A Federal Environmental Executive
shall be designated by the President and shall
be located within the Environmental Protec-
tion Agency ("EPA"). The Federal Environ-
mental Executive shall take all actions nec-
essary to ensure that the agencies comply
with the requirements of this order and shall
generate an annual report to the Office of
Management and Budget ("OMB"), at the
time of agency budget submissions, on the
actions taken by the agencies to comply with
the requirements of this order. In carrying
out his or her functions, the Federal Envi-
ronmental Executive shall consult with the
Director of the White House Office on Envi-
ronmental Policy.
(b) Staffing. A minimum of four (4) full
time staff persons are to be provided by the
agencies listed below to assist the Federal
Environmental Executive, one of whom shall
have experience in specification review and
program requirements, one of whom shall
have experience in procurement practices,
and one of whom shall have experience in
solid waste prevention and recycling. These
four staff persons shall be appointed and re-
placed as follows:
(1) a representative from the Department
of Defense shall be detailed for not less than
one year and no more than two years;
(2) a representative from the General
Services Administration ("GSA") shall be de-
tailed for not less than one year and no more
than two years;
(3) a representative from EPA shall be de-
tailed for not less than one year and no more
than two years; and
(4) a representative from one other agency
determined by the Federal Environmental
Executive shall be detailed on a rotational
basis for not more than one year.
(c) Administration. Agencies are requested
to make their services, personnel and facili-
ties available to the Federal Environmental
Executive to the maximum extent practicable
for the performance of functions under this
order.
(d) Committees and Work Groups. The
Federal Environmental Executive shall es-
tablish committees and work groups to iden-
tify, assess, and recommend actions to be
taken to fulfill the goals, responsibilities, and
initiatives of the Federal Environmental Ex-
ecutive. As these committees and work
groups are created, agencies are requested
to designate appropriate personnel in the
areas of procurement and acquisition, stand-
ards and specifications, electronic commerce,
facilities management, waste prevention, and
recycling, and others as needed to staff and
work on the initiatives of the Executive.
(e) Duties. The Federal Environmental
Executive, in consultation with the Agency
Environmental Executives, shall:
(1) identify and recommend initiatives for
government-wide implementation that will
promote the purposes of this order, includ-
ing:
(A) the development of a federal plan
for agency implementation of this order
and appropriate incentives to encourage
the acquisition of recycled and environ-
mentally preferable products by the
Federal Government;
(B) the development of a federal imple-
mentation plan and guidance for insti-
tuting economically efficient federal
waste prevention, energy and water effi-
ciency programs, and recycling pro-
grams within each agency; and
(C) the development of a plan for mak-
ing maximum use of available funding
assistance programs;
(2) collect and disseminate information
electronically concerning methods to reduce
waste, materials that can be recycled, costs
and savings associated with waste prevention
and recycling, and current market sources of
products that are environmentally preferable
or produced with recovered materials;
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(3) provide guidance and assistance to the
agencies in setting up and reporting on agen-
cy programs and monitoring their effective-
ness; and
(4) coordinate appropriate government-
wide education and training programs for
agencies.
Sec. 302. Agency Environmental Execu-
tives. Within 90 days after the effective date
of this order, the head of each Executive de-
partment and major procuring agency shall
designate an Agency Environmental Execu-
tive from among his or her staff, who serves
at a level no lower than at the Deputy Assist-
ant Secretary level or equivalent. The Agency
Environmental Executive will be responsible
for:
(a) coordinating all environmental pro-
grams in the areas of procurement and acqui-
sition, standards and specification review, fa-
cilities management, waste prevention and
recycling, and logistics;
(b) participating in the interagency devel-
opment of a Federal plan to:
(1) create an awareness and outreach pro-
gram for the private sector to facilitate mar-
kets for environmentally preferable and recy-
cled products and services, promote new
technologies, improve awareness about fed-
eral efforts in this area, and expedite agency
efforts to procure new products identified
under this order;
(2) establish incentives, provide guidance
and coordinate appropriate educational pro-
grams for agency employees; and
(3) coordinate the development of stand-
ard agency reports required by this order;
(c) reviewing agency programs and acqui-
sitions to ensure compliance with this order.
PART 4—ACQUISITION PLANNING AND
AFFIRMATIVE PROCUREMENT PROGRAMS
Sec. 401. Acquisition Planning. In devel-
oping plans, drawings, work statements,
specifications, or other product descriptions,
agencies shall consider the following factors:
elimination of virgin material requirements;
use of recovered materials; reuse of product;
life cycle cost; recyclability; use of environ-
mentally preferable products; waste preven-
tion (including toxicity reduction or elimi-
nation); and ultimate disposal, as appropriate.
These factors should be considered in acqui-
sition planning for all procurements and in
the evaluation and award of contracts, as ap-
propriate. Program and acquisition managers
should take an active role in these activities.
Sec. 402. Affirmative Procurement Pro-
grams. The head of each Executive agency
shall develop and implement affirmative pro-
curement programs in accordance with
RCRA section 6002 (42 U.S.C. 6962) and this
order. Agencies shall ensure that responsibil-
ities for preparation, implementation and
monitoring of affirmative procurement pro-
grams are shared between the program per-
sonnel and procurement personnel. For the
purposes of all purchases made pursuant to
this order, EPA, in consultation with such
other Federal agencies as appropriate, shall
endeavor to maximize environmental bene-
fits, consistent with price, performance and
availability considerations, and shall adjust
bid solicitation guidelines as necessary in
order to accomplish this goal.
(a) Agencies shall establish affirmative pro-
curement programs for all designated EPA
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.
(b) For the currently designated EPA
guideline items, which are: (i) concrete and
cement containing fly ash; (ii) recycled paper
products; (iii) re-refined lubricating oil; (iv)
retread tires; and (v) insulation containing re-
covered materials; and for all future guide-
line items, agencies shall ensure that their
affirmative procurement programs require
that 100 percent of their purchases of prod-
ucts meet or exceed the EPA guideline
standards unless written justification is pro-
vided that a product is not available competi-
tively within a reasonable time frame, does
not meet appropriate performance standards,
or is only available at an unreasonable price.
(c) The Agency Environmental Executives
will track agencies' purchases of designated
EPA guideline items and report agencies'
purchases of such guideline items to the Fed-
eral Environmental Executive. Agency Envi-
ronmental Executives will be required to jus-
tify to the Federal Environmental Executive
as to why the item(s) have not been pur-
chased or submit a plan for how the agencies
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ignated recycled items are currently avail-
able. These levels shall be updated periodi-
cally after publication for comment to reflect
changes in market conditions.
Sec. 503. Guidance for Environmentally
Preferable Products. In accordance with this
order, EPA shall issue guidance that rec-
ommends principles that Executive agencies
should use in making determinations for the
preference and purchase of environmentally
preferable products.
(a) Proposed guidance shall be published
for public comment in the Federal Register
within 180 days after the effective date of
this order, and may be updated after public
comment, as necessary, thereafter. To the ex-
tent necessary, EPA may issue additional
guidance for public comment on how the
principles can be applied to specific product
categories.
(b) Once final guidance for environ-
mentally preferable products has been issued
by EPA, Executive agencies shall use these
principles, to the maximum extent prac-
ticable, in identifying and purchasing envi-
ronmentally preferable products and shall
modify their procurement programs by re-
viewing and revising specifications, solicita-
tion procedures, and policies as appropriate.
Sec. 504. Minimum Content Standard for
Printing and Writing Paper. Executive agen-
cy heads shall ensure that agencies shall meet
or exceed the following minimum materials
content standards when purchasing or caus-
ing the purchase of printing and writing
paper:
(a) For high speed copier paper, offset
paper, forms bond, computer printout paper,
carbonless paper, file folders, and white
woven envelopes, the minimum content
standard shall be no less than 20 percent
postconsumer materials beginning Decem-
ber 31, 1994. This minimum content stand-
ard shall be increased to 30 percent begin-
ning on December 31,1998.
(b) For other uncoated printing and writ-
ing paper, such as writing and office paper,
book paper, cotton fiber paper, and cover
stock, the minimum content standard shall
be 50 percent recovered materials, including
20 percent postconsumer materials begin-
ning on December 31, 1994. This standard
shall be increased to 30 percent beginning
on December 31,1998.
(c) As an alternative to meeting the stand-
ards in sections 504(a) and (b), for all printing
and writing papers, the minimum content
standard shall be no less than 50 percent re-
covered materials that are a waste material
byproduct of a finished product other than
a paper or textile product which would other-
wise be disposed: of in a landfill, as deter-
mined by the State in which the facility is
located.
(1) The decision not to procure recycled
content printing and writing paper meeting
the standards specified in this section shall
be based solely on a determination by the
contracting officer that a satisfactory level of
competition does not exist, that the items are
not available within a reasonable time period,
or that the available items fail to meet reason-
able performance standards established by
the agency or are only available at an unrea-
sonable price.
(2) Each agency should implement waste
prevention techniques, as specified in section
402(d) of this order, so that total annual ex-
penditures for recycled content printing and
writing paper do not exceed current annual
budgets for paper products as measured by
average annual expenditures, adjusted for in-
flation based on the Consumer Price Index
or other suitable indices. In determining a
target budget for printing and writing paper,
agencies may take into account such factors
as employee increases or decreases, new
agency or statutory initiatives, and episodic
or unique requirements (e.g., census).
(3) Effective immediately, all agencies
making solicitations for the purchase of print-
ing and writing paper shall seek bids for
paper with postconsumer material or recov-
ered waste material as described in section
504(c).
Sec. 505. Revision of Brightness Specifica-
tions and Standards. The General Services
Administration and other Federal agencies
are directed to identify, evaluate and revise
or eliminate any standards or specifications
unrelated to performance that present bar-
riers to the purchase of paper or paper prod-
ucts made by production processes that mini-
mize emissions of harmful byproducts. This
evaluation shall include a review of unneces-
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sary brightness and stock clause provisions,
such as lignin content and chemical pulp re-
quirements. The GSA shall complete the re-
view and revision of such specifications with-
in six months after the effective 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. 506. Procurement of Re-refined Lu-
bricating Oil and Retread Tires. Within 180
days after the effective date of this order,
agencies shall implement the EPA procure-
ment guidelines for re-refined lubricating oil
and retread tires.
(a) Commodity managers shall finalize re-
visions to specifications for re-refined oil and
retread tires, and develop and issue specifica-
tions for tire retreading services, as commod-
ity managers shall take affirmative steps to
procure these items in accordance with
RCRA section 6002.
(b) Once these items become available,
fleet managers shall take affirmative steps to
procure these items in accordance with
RCRA section 6002.
Sec. 507. Product Testing. The Secretary
of Commerce, through the National Institute
of Standards and Technology ("NIST"), shall
establish a program for testing the perform-
ance of products containing recovered mate-
rials or deemed to be environmentally pref-
erable. NIST shall work with EPA, GSA and
other public and private sector organizations
that conduct appropriate life cycle analyses
to gather information that will assist agencies
in making selections of products and services
that are environmentally preferable.
(a) NIST shall publish appropriate reports
describing testing programs, their results,
and recommendations for testing methods
and related specifications for use by Execu-
tive agencies and other interested parties.
(b) NIST shall coordinate with other Exec-
utive and State agencies to avoid duplication
with existing testing programs.
PART 6—AGENCY GOALS AND REPORTING
REQUIREMENTS
Sec. 601. Goals for Waste Reduction.
Each agency shall establish a goal for solid
waste prevention and a goal for recycling to
be achieved by the year 1995. These goals
shall be submitted to the Federal Environ-
mental Executive within 180 days after the
effective date of this order. Progress on at-
taining these goals shall be reported by the
agencies to the Federal Environmental Exec-
utive for the annual report specified in sec-
tion 301 of this order.
Sec. 602. Goal for Increasing the Procure-
ment of Recycled and Other Environmentally
Preferable Products. Agencies shall strive to
increase the procurement of products that
are environmentally preferable or that are
made with recovered materials and set an-
nual goals to maximize the number of recy-
cled products purchased, relative to non-re-
cycled alternatives.
Sec. 603. Review of Implementation. The
President's Council on Integrity and Effi-
ciency ("PCI") will request that the Inspec-
tors General periodically review agencies' af-
firmative procurement programs and report-
ing procedures to ensure their compliance
with this order.
PART 7—APPLICABILITY AND OTHER
REQUIREMENTS
Sec. 701. Contractor Operated Facilities.
Contracts that provide for contractor oper-
ation of a government-owned or leased facil-
ity, awarded after the effective date of this
order, shall include provisions that obligate
the contractor to comply with the require-
ments of this order within the scope of its
operations. In addition, to the extent per-
mitted by law and where economically fea-
sible, existing contracts should be modified.
Sec. 702. Real Property Acquisition and
Management. Within 90 days after the effec-
tive date of this order, and to the extent per-
mitted by law and where economically fea-
sible, Executive agencies shall ensure com-
pliance with the provisions of this order in
the acquisition and management of federally
owned and leased space. GSA and other Ex-
ecutive agencies shall also include environ-
mental and recycling provisions in the acqui-
sition of all leased space and in the construc-
tion of new federal buildings.
Sec. 703. Retention of Funds. Within 90
days after the effective date of this order,
the Administrator of GSA shall develop a leg-
islative proposal providing authority for Ex-
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ecutive agencies to retain a share of the pro-
ceeds from the sale of materials recovered
through recycling or waste prevention pro-
grams and specifying the eligibility require-
ments for the materials being recycled.
Sec. 704. Model Facility Programs. Each
Executive department and major procuring
agency shall establish model facility dem-
onstration programs that include com-
prehensive waste prevention and recycling
programs and emphasize the procurement of
recycled and environmentally preferable
products and services using an electronic
data interchange (EDI) system.
Sec. 705. Recycling Programs. Each Exec-
utive agency that has not already done so
shall initiate a program to promote cost effec-
tive waste prevention and recycling of reus-
able materials in all of its facilities. The recy-
cling programs implemented pursuant to this
section must be compatible with applicable
State and local recycling requirements. Fed-
eral agencies shall also consider cooperative
ventures with State and local governments
to promote recycling and waste reduction in
the community.
PART 8—AWARENESS
Sec. 801. Agency Awartls Program. A gov-
ernment-wide award will be presented annu-
ally by the White House to the best, most
innovative program implementing the objec-
tives of this order to give greater visibility
to these efforts so that they can be incor-
porated government-wide.
Sec. 802. Internal Agency Awards Pro-
grams. Each agency shall develop an internal
agency-wide awards program, as appropriate,
to reward its most innovative environmental
programs. Winners of agency-wide awards
will be eligible for the White House award
program.
PART 9—REVOCATION, LIMITATION AND
IMPLEMENTATION
Sec. 901. Executive Order No. 12780,
dated October 31, 1991, is hereby revoked.
Sec. 902. This order is intended only to
improve the internal management of the ex-
ecutive branch and is not intended to create
any right or benefit, substantive or proce-
dural, enforceable at law by a party against
the United States, its agencies, its officers,
or any other person.
Sec. 903. The policies expressed in this
order, including the requirements and ele-
ments for effective agency affirmative pro-
curement programs, shall be implemented
and incorporated in the Federal Acquisition
Regulation (FAR) within 180 days after the
effective date of this order. The implementa-
tion language shall consist of providing spe-
cific direction and guidance on agency pro-
grams for preference, promotion, estimation,
certification, reviewing and monitoring.
Sec. 904. This order shall be effective im-
mediately.
William J. Clinton
The White House,
October 20, 1993.
[Filed with the Office of the Federal Register,
11:24 a.m., October 21, 1993]
NOTE: This Executive order was published in the
Federal Register on October 22.
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Appendix D
Executive Order 12902
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Executive Order 12902—Energy
Efficiency and Water Conservation
at Federal Facilities
March 8,1994
By the authority vested in me as President
by the Constitution and the laws of the Unit-
ed States of America, including the Energy
Policy and Conservation Act (Public Law 94—
163, 89 Stat. 871, 42 U.S.C. 6201 et seq.)
as amended by the Energy Policy Act of 1992
(Public Law 102-486, 106 Stat. 2776) and
section 301 of title 3, United States Code,
I hereby order as follows:
Part 1—Definitions
For the purposes of this order:
Section 101. The "Act" means the Fed-
eral energy management provisions of the
Energy Policy and Conservation Act, as
amended by the Energy Policy Act of 1992.
Sec. 102. The term "comprehensive facil-
ity audit" means a survey of a building or
facility that provides sufficiently detailed in-
formation to allow an agency to enter into
energy or water savings performance con-
tracts or to invite inspection and bids by pri-
vate upgrade specialists for direct agency-
funded energy or water efficiency invest-
ments. It shall include information such as
the following:
(a) the type, size, energy use, and perform-
ance of the major energy using systems and
their interaction with the building envelope,
the climate and weather influences, usage
patterns, and related environmental con-
cerns;
(b) appropriate energy and water con-
servation maintenance and operating proce-
dures;
(c) recommendations for the acquisition
and installation of energy conservation meas-
ures, including solar and other renewable en-
ergy and water conservation measures; and
(d) a strategy to implement the rec-
ommendations.
Sec. 103. The term "cost-effective" means
providing a payback period of less than 10
years, as determined by using the methods
and procedures developed pursuant to 42
U.S.C. 8254 and 10 CFR 436.
Sec. 104. The term "demand side man-
agement" refers to utility-sponsored pro-
grams that increase energy efficiency and
water conservation or the management of de-
mand. The term includes load management
techniques.
Sec. 105. The term "energy savings per-
formance contracts" means contracts that
provide for the performance of services for
the audit, design, acquisition, installation,
testing, operation, and, where appropriate,
maintenance and repair, of an identified en-
ergy or water conservation measure or series
of measures at one or more locations.
Sec. 106. The term "agency" means an
executive agency as defined in 5 U.S.C. 105.
For the purpose of this order, military de-
partments, as defined in 5 U.S.C. 102, are
covered under the auspices of the Depart-
ment of Defense.
Sec. 107. The term "Federal building"
means any individual building, structure, or
part thereof, including the associated energy
or water-consuming support systems, which
is constructed, renovated, or purchased in
whole or in part for use by the Federal Gov-
ernment and which consumes energy or
water. In any provision of this order, the term
"Federal building" shall also include any
building leased in whole or in part for use
by the Federal Government where the term
of the lease exceeds 5 years and the lease
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does not prohibit implementation of the pro-
vision in question.
Sec. 108. The term "Federal facility"
means any building or collection of buildings,
grounds, or structure, as well as any fixture
or part thereof, which is owned by the United
States or any Federal agency or which is held
by the United States or any Federal agency
under a lease-acquisition agreement under
which the United States or a Federal agency
will receive fee simple title under the terms
of such agreement without further negotia-
tion. In any provision of this order, the term
" Federal facility" shall also include any build-
ing leased in whole or in part for use by the
Federal Government where the term of the
lease exceeds 5 years and the lease does not
prohibit implementation of the provision in
question.
Sec. 109. The term "franchising" means
that an agency would provide the services of
its employees to other agencies on a reim-
bursable basis.
Sec. 110. The term "gainsharing" refers
to incentive systems that allocate some por-
tion of savings resulting from gains in pro-
ductivity to the workers who produce those
gains.
Sec. 111. The term "industrial facilities"
means any fixed equipment, building, or
complex for the production of goods that
uses large amounts of capital equipment in
connection with, or as part of, any process
or system, and within which the majority of
energy use is not devoted to the heating,
cooling, lighting, ventilation, or to service the
hot water energy load requirements of the
building.
Sec. 112. The term "life cycle cost" refers
to life cycle cost calculated pursuant to the
methodology established by 10 CFR 436.11.
Sec. 113. The term "prioritization survey"
means a rapid assessment that will be used
by an agency to identify those facilities with
the highest priority projects based on the de-
gree of cost effectiveness and to schedule
comprehensive facility audits prior to project
implementation. The prioritization survey
shall include information such as the follow-
ing:
(a) the type, size, energy and water use
levels of the major energy and water using
systems in place at the facility; and
(b) the need, if any, for acquisition and
installation of cost-effective energy and water
conservation measures, including solar and
other renewable energy resource measures.
Sec. 114. The term "shared energy savings
contract" refers to a contract under which
the contractor incurs the cost of implement-
ing energy savings measures (including, but
not limited to, performing the audit, design-
ing the project, acquiring and installing
equipment, training personnel, and operating
and maintaining equipment) and in exchange
for providing these services, the contractor
gains a share of any energy cost savings di-
rectly resulting from implementation of such
measures during the term of the contract.
Sec. 115. The term "solar and other re-
newable energy sources" includes, but is not
limited to, agriculture and urban waste, geo-
thermal energy, solar energy, and wind en-
ergy.
Sec. 116. The term "utility" means any
person, State, or agency that is engaged in
the business of producing or selling elec-
tricity or engaged in the local distribution of
natural gas or water to any ultimate
consumer.
Part 2—Interagency Coordination
Sec. 201. Interagency Coordination. The
Department of Energy ("DOE") shall take
the lead in implementing this order through
the Federal Energy Management Program
("FEMP"). The Interagency Energy Policy
Committee ("656 Committee") and the
Interagency Energy Management Task
Force ("Task Force") shall serve as forums
to coordinate issues involved in implement-
ing energy efficiency, water conservation,
and solar and other renewable energy in the
Federal sector.
Part 3—Agency Goals and Reporting
Requirements for Energy and Water Effi-
ciency in Federal Facilities
Sec. 301. Energy Consumption Reduction
Goals, (a) Each agency shall develop and im-
plement a program with the intent of reduc-
ing energy consumption by 30 percent by the
year 2005, based on energy consumption per-
gross-square-foot of its buildings in use, to
the extent that these measures are cost-effec-
tive. The 30 percent reductions shall be
measured relative to the agency's 1985 en-
ergy use. Each agency's implementation pro-
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gram shall be designed to speed the intro-
duction of cost-effective, energy-efficient
technologies into Federal facilities, and to
meet the goals and requirements of the Act
and this order.
(b) Each agency shall develop and imple-
ment a program for its industrial facilities in
the aggregate with the intent of increasing
energy efficiency by at least 20 percent by
the year 2005 as compared to the 1990
benchmark, to the extent these measures are
cost-effective, and shall implement all cost-
effective water conservation projects. DOE,
in coordination with the 656 Committee,
shall establish definitions and appropriate in-
dicators of energy and water efficiency, and
energy and water consumption and costs, in
Federal industrial facilities for the purpose
of establishing a base year of 1990.
Sec. 302. Energy and Water Surveys and
Audits of Federal Facilities, (a) Prioritization
Survey. Each agency responsible for manag-
ing Federal facilities shall conduct a
prioritization survey, within 18 months of the
date of this order, on each of the facilities
the agency manages. The surveys shall be
used to establish priorities for conducting
comprehensive facility audits.
(b) Comprehensive Facility Audits. Each
agency shall develop and begin implement-
ing a 10-year plan to conduct or obtain com-
prehensive facility audits, based on
prioritization surveys performed under sec-
tion 302(a) of this order.
(1) Implementation of the plan shall en-
sure that comprehensive facility audits of ap-
proximately 10 percent of the agency's facili-
ties are completed each year. Agencies re-
sponsible for managing less than 100 Federal
facilities shall plan and execute approxi-
mately 10 comprehensive facility audits per
year until all facilities have been audited.
(2) Comprehensive audits of facilities per-
formed within the last 3 years may be consid-
ered current for the purposes of implementa-
tion.
(3) "No-cost" audits, such as those out-
lined in section 501(c) of this order, shall be
utilized to the extent practicable.
(c) Exempt Facilities. Because the mission
within facilities exempt from the energy and
water reduction requirements under the Act
may not allow energy efficiency and water
conservation in certain operations, actions
shall be taken to reduce all other energy and
water waste using the procedures described
in the Act and this order. Each agency shall
develop and implement a plan to improve
energy and water efficiency in such exempt
facilities. The prioritization surveys are in-
tended to allow agencies to refine their des-
ignation of facilities as "exempt" or "indus-
trial," so that only individual buildings in
which industrial or energy-intensive oper-
ations are conducted remain designated as
"exempt" or "industrial." Within 21 months
of the date of this order, each agency shall
report to FEMP and to the Office of Man-
agement and Budget ("OMB") the
redesignations that the agency is making as
a result of the prioritization surveys. Agencies
may seek exemptions for their facilities pur-
suant to the Energy Policy and Conservation
Act, as amended.
(d) Leased Facilities. Agencies shall con-
duct surveys and audits of leased facilities to
the extent practicable and to the extent that
the recommendations of such surveys and
audits could be implemented under the
terms of the lease.
Sec. 303. Implementation of Energy Effi-
ciency and Water Conservation Projects, (a)
Implementation of New Audit Recommenda-
tions. Within 1 year of the date of this order,
agencies shall identify, based on preliminary
recommendations from the prioritization sur-
veys required under section 302 of this order,
high priority facilities to audit and shall com-
plete the first 10 percent of the required
comprehensive facility audits. Within 180
days of the completion of the comprehensive
facility audit of each facility, agencies shall
begin implementing cost-effective rec-
ommendations for installation of energy effi-
ciency, water conservation, and renewable
energy technologies for that facility.
(b) Implementation of Existing Audits.
Within 180 days of the date of this order,
agencies shall begin to implement cost-effec-
tive recommendations from comprehensive
audits of facilities performed within the past
3 years, for installation of energy efficiency,
water conservation, and renewable energy
technologies.
Sec. 304. Solar and Other Renewable En-
ergy. The goal of the Federal Government
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is to significantly increase the use of solar
and other renewable energy sources. DOE
shall develop a program for achieving this
goal cost-effectively and, within 210 days of
the date of this order, submit the program
to the 656 Committee for review. DOE shall
lead the effort to assist agencies in meeting
this goal.
Sec. 305. Minimization of Petroleum-
Based Fuel Use in Federal Buildings and Fa-
cilities. All agencies shall develop and imple-
ment programs to reduce the use of petro-
leum in their buildings and facilities by
switching to a less-polluting and
nonpetroleum-based energy source, such as
natural gas or solar and other renewable en-
ergy sources. Where alternative fuels are not
practical or cost-effective, agencies shall
strive to improve the efficiency with which
they use the petroleum. Each agency shall
survey its buildings and facilities that utilize
petroleum-based fuel systems to determine
where the potential for a dual-fuel capability
exists and shall provide dual-fuel capability
where cost-effective and practicable.
Sec. 306. New Space, (a) New Federal Fa-
cility Construction. Each agency involved in
the construction of a new facility that is to
be either owned by or leased to the Federal
Government shall:
(1) design and construct such facility to
minimize the life cycle cost of the facility by
utilizing energy efficiency, water conserva-
tion, or solar or other renewable energy tech-
nologies;
(2) ensure that the design and construction
of facilities meet or exceed the energy per-
formance standards applicable to Federal
residential or commercial buildings as set
forth in 10 CFR 435, local building stand-
ards, or a Btu-per-gross-square-foot ceiling
as determined by the Task Force within 120
days of the date of this order, whichever will
result in a lower life cycle cost over the life
of the facility;
(3) establish and implement, within 270
days of the date of this order, a facility com-
missioning program that will ensure that the
construction of such facilities meets the re-
quirements outlined in this section before
the facility is accepted into the Federal facil-
ity inventory; and
(4) utilize passive solar design and adopt
active solar technologies where they are cost-
effective.
(b) New Leases For Existing Facilities. To
the extent practicable and permitted by law,
agencies entering into leases, including the
renegotiation or extension of existing leases,
shall identify the energy and water consump-
tion of those facilities and seek to incorporate
provisions into each lease that minimize the
cost of energy and water under a life cycle
analysis, while maintaining or improving oc-
cupant health and safety. These require-
ments may include renovation of proposed
space prior to or within the first year of each
lease. Responsible agencies shall seek to ne-
gotiate the cost of the lease, taking into ac-
count the reduced energy and water costs
during the term of the lease.
(c) Government-Owned Contractor-Oper-
ated Facilities. All Government-owned con-
tractor-operated facilities shall comply with
the goals and requirements of this order. En-
ergy and water management goals shall be
incorporated into their management con-
tracts.
Sec. 307. Showcase Facilities, (a) New
Building Showcases. When an agency con-
structs at least five buildings in a year, it shall
designate at least one building, at the earliest
stage of development, to be a showcase high-
lighting advanced technologies and practices
for energy efficiency, water conservation, or
use of solar and other renewable energy.
(b) Demonstrations in Existing Facilities.
Each agency shall designate one of its major
buildings to become a showcase to highlight
energy or water efficiency and also shall at-
tempt to incorporate cogeneration, solar and
other renewable energy technologies, and in-
door air quality improvements. Selection of
such buildings shall be based on consider-
ations such as the level of nonfederal visitors,
historic significance, and the likelihood that
visitors will learn from displays and imple-
ment similar projects. Within 180 days of the
date of this order, each agency shall develop
and implement plans and work in coopera-
tion with DOE and, where appropriate, in
consultation with the General Services Ad-
ministration ("GSA"), the Environmental
Protection Agency ("EPA"), and other ap-
propriate agencies, to determine the most ef-
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fective and cost-effective strategies to imple-
ment these demonstrations.
Sec. 308. Annual Reporting Require-
ments, (a) As required under the Act, the
head of each agency shall report annually to
the Secretary of Energy and OMB, in a for-
mat specified by the Secretary and OMB
after consulting with the 656 Committee.
The report shall describe the agency's
progress in achieving the goals of this order.
(b) The Secretary of Energy shall report
to the President and the Congress annually
on the implementation of this order. The re-
port should provide information on energy
and water use and cost data and shall provide
the greatest level of detail practicable for
buildings and facilities by energy source.
Sec. 309. Report on Full Fuel Cycle Anal-
ysis. DOE shall prepare a report on the is-
sues involved in instituting life cycle analysis
for Federal energy and product purchases
that address the full fuel cycle costs, includ-
ing issues concerning energy exploration, de-
velopment, processing, transportation, stor-
age, distribution, consumption, and disposal,
and related impacts on the environment. The
report shall examine methods for conducting
life cycle analysis and implementing such
analysis in the Federal sector and shall make
appropriate recommendations. The report
shall be forwarded to the President for re-
view.
Sec. 310. Agency Accountability. One
year after the date of this order, and every
2 years thereafter, the President's Manage-
ment Council shall report to the President
about efforts and actions by agencies to meet
the requirements of this order. In addition,
each agency head shall designate a senior of-
ficial, at the Assistant Secretary level or
above, to be responsible for achieving the re-
quirements of this order and shall appoint
such official to the 656 Committee. The 656
Committee shall also work to ensure the im-
plementation of this order. The agency senior
official and the 656 Committee shall coordi-
nate implementation with the Federal Envi-
ronmental Executive and Agency Environ-
mental Executives established under Execu-
tive Order No. 12873.
Pan 4—Use of Innovative Financing
and Contractual Mechanisms
Sec. 401. Financing Mechanisms. In addi-
tion to available appropriations, agencies
shall utilize innovative financing and contrac-
tual mechanisms, including, but not limited
to, utility demand side management pro-
grams, shared energy savings contracts, and
energy savings performance contracts, to
meet the goals and requirements of the Act
and this order.
Sec. 402. Workshop for Agencies. Within
a reasonable time of the date of this order,
the Director of OMB, or his or her designee,
and the Task Force shall host a workshop
for agencies regarding financing and con-
tracting for energy efficiency, water effi-
ciency, and renewable technology projects.
Based on the results of that meeting, the Ad-
ministrator, Office of Procurement Policy
("OFPP"), shall assist the Administrator of
General Services and the Secretary of En-
ergy in eliminating unnecessary regulatory
and procedural barriers that slow the utiliza-
tion of such audit, financing, and contractual
mechanisms or complicate their use. All ac-
tions that are cost-effective shall be imple-
mented through the process required in sec-
tion 403 of this order.
Sec. 403. Elimination of Barriers. Agency
heads shall work with their procurement offi-
cials to identify and eliminate internal regula-
tions, procedures, or other barriers to imple-
mentation of the Act and this order. DOE
shall develop a model set of recommenda-
tions that will be forwarded to the Adminis-
trator of OFPP in order to assist agencies
in eliminating the identified barriers.
Part 5—Technical Assistance, Incen-
tives, and Awareness
Sec. 501. Technical Assistance, (a) To as-
sist Federal energy managers in implement-
ing energy efficiency and water conservation
projects, DOE shall, within 180 days of the
date of this order, develop and make avail-
able through the Task Force:
(1) guidance explaining the relationship
between water use and energy consumption
and the energy savings achieved through
water conservation measures;
(2) a model solicitation and implementa-
tion guide for innovative funding mecha-
nisms referenced in section 401 of this order;
(3) a national list of companies providing
water services in addition to the list of quali-
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fied energy service companies as required by
the Act;
(4) the capabilities and technologies avail-
able through the national energy labora-
tories; and
(5) an annually-updated guidance manual
for Federal energy managers that includes,
at a minimum, new sample contracts or con-
tract provisions, position descriptions, case
studies, recent guidance, and success stories.
(b) The Secretary of Energy, in coordina-
tion with the Administrator of General Serv-
ices, shall make available through the Task
Force, within 180 days of the date of this
order:
(1) the national list of qualified water and
energy efficiency contractors for inclusion on
a Federal schedule; and
(2) a model provision on energy efficiency
and water conservation, for inclusion in new
leasing contracts.
(c) Within 180 days of the date of this
order, the Administrator of General Services
shall:
(1) contact each utility that has an area-
wide contract with GSA to determine which
of those utilities will perform "no-cost" audits
for energy efficiency and water conservation
and potential solar and other renewable en-
ergy sources that comply with Federal life
cycle costing procedures set forth in Subpart
A, 10CFR436;
(2) for each energy and water utility serv-
ing the Federal Government, determine
which of those utilities offers demand-side
management services and incentives and ob-
tain a list and description of those services
and incentives; and
(3) prepare a list of those utilities and make
that list available to all Federal property man-
agement agencies through the Task Force.
(d) Within 18 months of the date of this
order, the Administrator of General Services,
in consultation with the Secretary of Energy,
shall develop procurement techniques, meth-
ods, and contracts to speed the purchase and
installation of energy, water, and renewable
energy technologies in Federal facilities.
Such techniques, methods, and contracts
shall be designed to utilize both direct fund-
ing by the user agency, including energy sav-
ings performance contracting, and utility re-
bates. To the extent permitted by law, the
Administrator of OFPP shall assist the Ad-
ministrator of General Services and the Sec-
retary of Energy by eliminating unnecessary
regulatory and procedural barriers that
would slow the implementation of such
methods, techniques, or contracts or com-
plicate their use.
(e) Agencies are encouraged to seek tech-
nical assistance from DOE to develop and
implement solar and other renewable energy
projects.
(f) DOE shall conduct appropriate training
for Federal agencies to assist them in identi-
fying and funding cost-effective projects.
This training shall include providing software
and other technical tools to audit facilities
and identify opportunities. To the extent that
resources are available, DOE shall work with
utilities and the private sector to encourage
their participation in Federal sector pro-
grams.
(g) DOE, in coordination with EPA, GSA,
and the Department of Defense ("DOD"),
shall develop technical assistance services for
agencies to help identify energy efficiency,
water conservation, indoor air quality, solar
and other renewable energy projects, new
building design, fuel switching, and life cycle
cost analysis. These services shall include, at
a minimum, a help line, computer bulletin
board, information and education materials,
and project tracking methods. Agencies shall
identify technical assistance needed to meet
the goals and requirements of the Act and
this order and seek such assistance from
DOE.
(h) The Secretary of Energy and the Ad-
ministrator of General Services shall explore
ways to stimulate energy efficiency, water
conservation, and use of solar and other re-
newable energy sources and shall study op-
tions such as new building performance
guidelines, life cycle value engineering, and
designer/builder incentives such as award
fees. The studies shall be completed within
270 days of the date of this order. The OFPP
will issue guidance to agencies on life cycle
value engineering within 6 months of the
completion of the studies.
(i) The Secretary of Energy and the Ad-
ministrator of General Services shall develop
and distribute through the Task Force a
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model building commissioning program
within 270 days of the date of this order.
(j) The lists, guidelines, and services in this
section of the order shall be updated periodi-
cally.
Sec. 502. Retention of Savings and Re-
bates, (a) Within a reasonable time after the
date of this order, the Director of OMB,
along with the Secretary of Energy, the Sec-
retary of Defense, and the Administrator of
General Services, to the extent practicable
and permitted by law, shall develop guide-
lines and implement procedures to allow
agencies, in fiscal year 1995 and beyond, to
retain utility rebates and incentives received
by the agency and savings from energy effi-
ciency and water conservation efforts as pro-
vided in section 152 of the Energy Policy Act
of 1992 and 10 U.S.C. 2865 and 2866.
Sec. 503. Performance Evaluations. To
recognize the responsibilities of facility man-
agers, designers, energy managers, their su-
periors, and, to the extent practicable and
appropriate, others critical to the implemen-
tation of this order, heads of agencies shall
include successful implementation of energy
efficiency, water conservation, and solar and
other renewable energy projects in their po-
sition descriptions and performance evalua-
tions.
Sec. 504. Incentive Awards. Agencies are
encouraged to review employee incentive
programs to ensure that such programs ap-
propriately reward exceptional performance
in implementing the Act and this order. Such
awards may include monetary incentives
such as Quality Step Increases, leave time
awards and productivity gainsharing, and
non monetary and honor awards such as in-
creased authority, additional resources, and
a series of options from which employees or
teams of employees can choose.
Sec. 505. Project Teams/Franchising, (a)
Agencies are encouraged to establish Energy
Efficiency and Environmental Project Teams
("Project Teams") to implement energy effi-
ciency, water conservation, and solar and
other renewable energy projects within their
respective agencies. DOE shall develop a
program to train and support the Project
Teams, which should have particular exper-
tise in innovative financing, including shared
energy savings and energy savings perform-
ance contracting. The purpose of the pro-
gram is to enable project teams to implement
projects quickly and effectively in their own
agencies.
(b) Agencies are encouraged to franchise
the services of their Project Teams. The abil-
ity to access the services of other agencies'
teams will foster excellence in project imple-
mentation through competition among serv-
ice providers, while providing an alternative
method to meet or exceed the requirements
of the Act and this order for agencies that
are unable to devote sufficient personnel to
implement projects.
Sec. 506. FEMP Account Managers.
FEMP shall develop a customer service pro-
gram and assign account managers to agen-
cies or regions so that each project may have
a designated account manager. When re-
quested by an agency, the account manager
shall start at the audit phase and follow a
project through commissioning, evaluation,
and reporting. The account manager shall
provide technical assistance and shall have
responsibility to see that all actions possible
are taken to ensure success of the project.
Sec. 507. Procurement of Energy Efficient
Products by Federal Agencies, (a) "Best Prac-
tice" Technologies. Agencies shall purchase
energy-efficient products in accordance with
the guidelines issued by OMB, in consulta-
tion with the Defense Logistics Agency
("DLA"), DOE, and GSA, under section 161
of the Energy Policy Act of 1992. The guide-
lines shall include listings of energy-efficient
products and practices used in the Federal
Government. At a minimum, OMB shall up-
date the listings annually. DLA, DOE, and
GSA shall update the portions of the listings
for which they have responsibility as new
products become available and conditions
change.
(1) Each agency shall purchase products
listed as energy-efficient in the guidelines
whenever practicable, and whenever they
meet the agency's specific performance re-
quirements and are cost-effective. Each
agency shall institute mechanisms to set tar-
gets and measure progress.
(2) To further encourage a market for
highly-energy-efficient products, each agen-
cy shall increase, to the extent practicable
and cost-effective, purchases of products that
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are in the upper 25 percent of energy effi-
ciency for all similar products, or products
that are at least 10 percent more efficient
than the minimum level that meets Federal
standards. This requirement shall apply
wherever such information is available, either
through Federal or industry-approved testing
and rating procedures.
(3) GSA and DLA, in consultation with
DOE, other agencies, States, and industry
and other nongovernment organizations,
shall provide all agencies with information on
specific products that meet the energy-effi-
ciency criteria of this section. Product infor-
mation should be made available in both
printed and electronic formats.
(b) Federal Market Opportunities. DOE,
after consultation with industry, utilities, and
other interested parties, shall identify ad-
vanced energy-efficient and water-conserv-
ing technologies that are technically and
commercially feasible but not yet available
on the open market. These technologies may
include, but are not limited to, the advanced
appliance technologies referenced in section
127 of the Energy Policy Act of 1992. DOE,
in cooperation with OMB, GSA, DOD, the
National Institute of Standards and Tech-
nology ("MIST"), and EPA, shall issue a
"Federal Procurement Challenge" inviting
each Federal agency to commit a specified
fraction of their purchases within a given
time period to advanced, high-efficiency
models of products, provided that these an-
ticipated future products can meet the agen-
cy's energy performance, functionality, and
cost requirements.
(c) Accelerated Retirement of Inefficient
Equipment. DOE, in consultation with GSA
and other agencies, shall establish guidelines
for the cost-effective early retirement of
older, inefficient appliances and other enerey
and water-using equipment in Federal facili-
ties. Such guidelines may take into account
significant improvements in energy efficiency
and water conservation, opportunities to
down-size or otherwise optimize the replace-
ment equipment as a result of associated im-
provements in building envelope, system, or
industrial process efficiency and reductions
in pollutant emissions, use of chlorofluoro-
carbons, and other environmental improve-
ments.
(d) Review of Barriers. Each agency shall
review and revise Federal or military speci-
fications, product descriptions, and standards
to eliminate barriers to, and encourage Fed-
eral procurement of, products that are en-
ergy-efficient or water conserving.
Part S—Waiver*
Sec. 601. Waivers. Each agency may de-
termine whether certain requirements in this
order are inconsistent with the mission of the
agency and seek a waiver of the provision
from the Secretary of Energy. Any waivers
authorized by the Secretary of Energy shall
be included in the annual report on Federal
energy management required under the Act.
Part 7—Revocation, Limitation, and
Implementation
Sec. 701. Executive Order No. 12759, of
April 17,1991, is hereby revoked, except that
sections 3, 9, and 10 of that order shall re-
main effective and shall not be revoked.
Sec. 702. This order is intended only to
improve the internal management of the ex-
ecutive branch and is not intended to, and
does not create, any right to administrative
or judicial review, or any other right or bene-
fit or trust responsibility, substantive or pro-
cedural, enforceable by a party against the
United States, its agencies or instrumental-
ities, its officers or employees, or any other
person.
Sec. 703. This order shall be effective im-
mediately.
William J.Clinton
The White House,
March 8,1994.
[Filed with the Office of the Federal Register,
11:02 a.m., March 9,1994]
NOTE: This Executive order was published in the
Federal Register on March 10.
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Appendix E
Executive Orders
12843, 12844, 12845
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Executive Order 12843—
Procurement Requirements and
Policies for Federal Agencies for
Ozone-Depleting Substances
April 21,1993
Whereas, the essential function of the
stratospheric ozone layer is shielding the
Earth from dangerous ultraviolet radiation;
and
Whereas, the production and consump-
tion of substances that cause the depletion
of stratospheric ozone are being rapidly
phased out on a worldwide basis with the
support and encouragement of the United
States; and
Whereas, the Montreal Protocol on Sub-
stances that Deplete the Ozone Layer, to
which the United States is a signatory, calls
for a phaseout of the production and con-
sumption of these substances; and
Whereas, the Federal Government, as
one of the principal users of these sub-
stances, is able through affirmative procure-
ment practices to reduce significantly the use
of these substances and to provide leadership
in their phaseout; and
Whereas, the use of alternative sub-
stances and new technologies to replace
these ozone-depleting substances may con-
tribute positively to the economic competi-
tiveness on the world market of U.S. manu-
facturers of these innovative safe alternatives:
Now, Therefore, I, William Jefferson
Clinton, by the authority vested in me as
President by the Constitution and the laws
of the United States of America, including
the 1990 amendments to the Clean Air Act
("Clean Air Act Amendments"), Public Law
101^549, and in order to reduce the Federal
Government's procurement and use of sub-
stances that cause stratospheric ozone deple-
tion, do hereby order as follows:
Section I. Federal Agencies. Federal
agencies shall, to the extent practicable:
(a) conform their procurement regulations
and practices to the policies and require-
ments of Title VI of the Clean Air Act
Amendments, which deal with stratospheric
ozone protection;
(b) maximize the use of safe alternatives
to ozone-depleting substances;
(c) evaluate the present and future uses
of ozone-depleting substances, including
making assessments of existing and future
needs for such materials and evaluate their
use of and plans for recycling;
(d) revise their procurement practices and
implement cost-effective programs both to
mooiry specifications and contracts that re-
quire the use of ozone-depleting substances
and to substitute non-ozone-depleting sub-
stances to the extent economically prac-
ticable; and
(e) exercise leadership, develop exemplary
practices, and disseminate information on
successful efforts in phasing out ozone-de-
pleting substances.
Sec. 2. Definitions, (a) "Federal agency"
means any executive department, military
department, or independent agency within
the meaning of 5 U.S.C. 101, 102, or 104(1),
respectively.
(D) "Procurement" and "acquisition" are
used interchangeably to refer to the proc-
esses through which Federal agencies pur-
chase products and services.
(c) "Procurement regulations, policies and
procedures" encompasses the complete ac-
quisition process, including the generation of
product descriptions by individuals respon-
sible for determining which substances must
be acquired by the agency to meet its mis-
sion.
(d) "Ozone-depleting substances" means
the substances controlled internationally
under the Montreal Protocol and nationally
under Title VI of the Clean Air Act Amend-
ments. This includes both Class I and Class
II substances as follows:
(i) "Class I substance" means any sub-
stance designated as Class I in the Federal
Register notice of July 30,1992 (57 Fed. Reg.
33753), including chlorofluorocarbons,
halons, carbon tetrachloride, and methyl
chloroform and any other substance so des-
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ignated by the Environmental Protection
Agency ("EPA") by regulation at a later date;
and
(ii) "Class II substance" means any sub-
stance designated as Class II in the Federal
Register notice of July 30,1992 (57 Fed. Reg.
33753), including hydrochlorofluorocarbons
and any other substances so designated by
EPA by regulation at a later date.
(e) "Recycling" is used to encompass re-
covery and reclamation, as well as the reuse
of controlled substances.
Sec. 3. Policy. It is the policy of the Fed-
eral Government that Federal agencies: (i)
implement cost-effective programs to mini-
mize the procurement of materials and sub-
stances that contribute to the depletion of
stratospheric ozone; and (ii) give preference
to the procurement of alternative chemicals,
products, and manufacturing processes that
reduce overall risks to human health and the
environment by lessening the depletion of
ozone in the upper atmosphere. In imple-
menting this policy, prior to final promulga-
tion of EPA regulations on Federal procure-
ment, Federal agencies shall begin conform-
ing their procurement policies to the general
requirements of Title VI of the Clean Air
Act Amendments by:
(a) minimizing, where economically prac-
ticable, the procurement of products contain-
ing or manufactured with Class I substances
in anticipation of the phaseout schedule to
be promulgated by EPA for Class I sub-
stances, and maximizing the use of safe alter-
natives. In developing their procurement
policies, agencies should be aware of the
phaseout schedule for Class II substances;
(b) amending existing contracts, to the ex-
tent permitted by law and where practicable,
to be consistent with the phaseout schedules
for Class I substances. In awarding contracts,
agencies should be aware of the phaseout
schedule for Class II substances in awarding
contracts;
(c) implementing policies and practices
that recognize the increasingly limited avail-
ability of Class I substances as production
levels capped by the Montreal Protocol de-
cline until final phaseout. Such practices shall
include, but are not limited to:
(i) reducing emissions and recycling
ozone-depleting substances;
(ii) ceasing the purchase of nonessential
products containing or manufactured with
ozone-depleting substances; and
(iii) requiring that new contracts provide
that any acquired products containing or
manufactured with Class I or Class II sub-
stances be labeled in accordance with section
611 of the Clean Air Act Amendments.
Sec. 4. Responsibilities. Not later than 6
months after the effective date of this Execu-
tive order, each Federal agency, where fea-
sible, shall have in place practices that, where
economically practicable, minimize the pro-
curement of Class I substances. Agencies also
shall be aware of the phaseout schedule for
Class II substances. Agency practices may in-
clude, but are not limited to:
(a) altering existing equipment and/or pro-
cedures to make use of safe alternatives;
(b) specifying the use of safe alternatives
and of goods and services, where available,
that do not require the use of Class I sub-
stances in new procurements and that limit
the use of Class II substances consistent with
section 612 of the Clean Air Act Amend-
ments; and
(c) amending existing contracts, to the ex-
tent permitted by law and where practicable,
to require the use of safe alternatives.
Sec. 5. Reporting Requirements. Not later
than 6 months after the effective date of this
Executive order, each Federal agency shall
submit to the Office of Management and
Budget a report regarding the implementa-
tion of this order. The report shall include
a certification by each agency that its regula-
tions and procurement practices are being
amended to comply with this order.
Sec. 6. Exceptions. Exceptions to compli-
ance with this Executive order may be made
in accordance with section 604 of the Clean
Air Act Amendments and with the provisions
of the Montreal Protocol.
Sec. 7. Effective Date. This Executive
order is effective 30 days after the date of
issuance. Although full implementation of
this order must await revisions to the Federal
Acquisition Regulations ("FAR"), it is ex-
pected that Federal agencies will take all ap-
propriate actions in the interim to implement
those aspects of the order that are not de-
pendent upon regulatory revision.
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Sec. 8. Federal Acquisition Regulatory
Councils. Pursuant to section 6(a) of the Of-
fice of Federal Procurement Policy Act, as
amended, 41 U.S.C. 405(a), the Defense Ac-
quisition Regulatory Council and the Civilian
Agency Acquisition Council shall ensure that
the policies established herein are incor-
porated in the FAR within 180 days from
the date this order is issued.
Sec. 9. Judicial Review. This order does
not create any right or benefit, substantive
or procedural, enforceable by a non-Federal
party against the United States, its officers
or employees, or any other person.
William J.Clinton
The White House,
April 21,1993.
(Filed with the Office of the Federal Register,
10:18 a.m., April 22,1993]
NOTE: This Executive order was published in the
Federal Register on April 23.
Executive Order 12844—Federal
Use of Alternative Fueled Vehicles
April 21,1993
By the authority vested in me as President
by the Constitution and the laws of the Unit-
ed States of America, including the Energy
Policy and Conservation Act, as amended (42
U.S.C. 6201 et seq.), the Motor Vehicle In-
formation and Cost Savings Act, as amended
(15 U.S.C. 1901 et seq.), the Energy Policy
Act of 1992 (Public Law 102-486), and sec-
tion 301 of title 3, United States Code, it
is hereby ordered as follows:
Section 1. federal Leadership and Goals
The use of alternative fueled motor vehicles
can, in some applications, substantially re-
duce pollutants in the atmosphere, create sig-
nificant domestic economic activity and stim-
ulate jobs creation, utilize domestic fuel
sources as defined by the Energy Policy Act
of 1992, and reduce vehicle maintenance
costs.
Moreover, Federal action can provide a
significant market impetus for the develop-
ment and manufacture of alternative fueled
vehicles, and for the expansion of the fueling
infrastructure necessary to support large
numbers of privately owned alternative
fueled vehicles.
The Federal Government can exercise
leadership in the use of alternative fueled ve-
hicles. To that end, each agency shall adopt
aggressive plans to substantially exceed the
alternative fueled vehicle purchase require-
ments established by the Energy Policy Act
of 1992.
Sec. 2. Alternative Fueled Vehicle Re-
quirements. The Federal Government shall
acquire, subject to the availability of funds
and considering life cycle costs, alternative
fueled vehicles in numbers that exceed by
50 percent the requirements for 1993
through 1995 set forth in the Energy Policy
Act of 1992. The Federal fleet vehicle acqui-
sition program shall be structured with the
objectives of: (a) continued reduction in the
incremental cost associated with specific ve-
hicle and fuel combinations; (b) long-term
movement toward increasing availability of
alternative fueled vehicles produced as
standard manufacturers' models; and (c)
minimizing life cycle costs in the acquisition
of alternative fueled vehicles. In addition,
there is established, for a period not to ex-
ceed 1 year, the Federal Fleet Conversion
Task Force, a Federal interagency imple-
mentation committee to be constituted by
the Secretary of Energy, in consultation with
a Task Force Chairman to be named by the
President. The Task Force will advise on the
implementation of this Executive order. The
Task Force will issue a public report within
90 days setting forth a recommended plan
and schedule of implementation and, no later
than 1 year from the date of this order, in
cooperation with the Secretary of Energy,
file a report on the status of the conversion
effort.
Sec. 3. Alternative Fueled Vehicle Acquisi-
tion Assistance. Within available appropria-
tions, and as required by the Energy Policy
Act of 1992, the Secretary of Energy shall
provide assistance to other agencies that ac-
quire alternative fueled vehicles. This assist-
ance includes payment of incremental costs
of alternative fueled vehicles, including any
incremental costs associated with acquisition
and disposal. All vehicles, whether conver-
sions or purchases as original equipment
-------
manufacturer models, shall comply with all
applicable Federal and State emissions and
safety standards, consistent with those re-
quirements placed on original equipment
manufacturers, including years and mileage.
Sec. 4. Alternative Fueled Vehicle Pur-
chase and Use Incentives. The Administrator
of the General Services Administration, to
the extent allowed by law, may provide in-
centives to purchase alternative fueled vehi-
cles, including priority processing of procure-
ment requests, and, with the Secretary of En-
ergy, provide any other technical or adminis-
trative assistance aimed at accelerating the
purchase and use of Federal alternative
fueled vehicles.
Sec. 5. Cooperation with Industry and
State and Local Authorities on Alternative
Fueled Vehicle Refueling Capabilities. The
Secretary of Energy shall coordinate Federal
planning and siting efforts with private indus-
try fuel suppliers, and with State and local
governments, to ensure that adequate private
sector refueling capabilities exist or will exist
wherever Federal fleet alternative fueled ve-
hicles are sited. Each agency's fleet managers
are expected to work with appropriate orga-
nizations at their respective locations on ini-
tiatives to promote alternative fueled vehicle
use.
Sec. 6. Reporting. The head of each agen-
cy shall report annually to the Secretary of
Energy on actions and progress under this
order, consistent with guidance provided by
the Secretary. The Secretary shall prepare a
consolidated annual report to the President
and to the Congress on the implementation
of this order. As part of the report, the Sec-
retary and the Director of the Office of Man-
agement and Budget shall complete a thor-
ough, objective evaluation of alternative
fueled vehicles. The evaluation shall consider
operating and acquisition costs, fuel econ-
omy, maintenance, and other factors as ap-
propriate.
Sec. 7. Definitions. For the purpose of this
order, the terms "agency" and "alternative
fueled vehicle" have the same meanings
given such terms in sections 151 and 301 of
die Energy Policy Act of 1992, respectively.
Sec. 8. Exceptions. The Secretary of De-
fense, the Secretary of the Treasury, and the
Attorney General, consistent with the na-
tional security and protective and law en-
forcement activities of their respective agen-
cies, shall determine the extent to which the
requirements of this order apply to the na-
tional security and protective and law en-
forcement activities of their respective agen-
cies.
Sec. 9. Judicial Review. This order is not
intended to create any right or benefit, sub-
stantive or procedural, enforceable by a non-
Federal party against the United States, its
officers or employees, or any other person.
William J.Clinton
The White House,
April 21,1993.
[Filed with the Office of the Federal Register,
10:33 a.m., April 22,1993]
NOTE: This Executive order was published in the
Federal Register on April 23.
Executive Order 12845—Requiring
Agencies To Purchase Energy
Efficient Computer Equipment
April 21,1993
Whereas, the Federal Government
should set an example in the energy efficient
operation of its facilities and the procure-
ment of pollution preventing technologies;
Whereas, the Federal Government
should minimize its operating costs, make
better use of taxpayer-provided dollars, and
reduce the Federal deficit; and
Whereas, the Federal Government is the
largest purchaser of computer equipment in
the world and therefore has the capacity to
greatly accelerate the movement toward en-
ergy efficient computer equipment;
Now, Therefore, by the authority vested
in me as President by the Constitution and
the laws of the United States of America, in-
cluding section 381 of the Energy Policy and
Conservation Act, as amended; (42 U.S.C.
6361), section 205 of the Federal Property
and Administrative Services Act, as amended
(40 U.S.C. 486), section 152 of the Energy
Policy Act of 1992 (Public Law 102-486), and
section 301 of title 3, United States Code,
and to ensure the energy efficient operation
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of the Federal Government's facilities and to
encourage the procurement of pollution pre-
venting technologies that will save taxpayer
money, reduce the Federal deficit, and accel-
erate the movement to energy efficient de-
signs in standard computer equipment, it is
hereby ordered as follows:
Section 1. Procurement of Computer
Equipment that Meets EPA Energy Star Re-
quirements for Energy Efficiency, (a) The
heads of Federal agencies shall ensure that,
within 180 days from the date of this order,
all acquisitions of microcomputers, including
personal computers, monitors, and printers,
meet "EPA Energy Star" requirements for
energy efficiency. The heads of Federal
agencies may grant, on a case-by-case basis,
exemptions to this directive for acquisitions,
basea upon the commercial availability of
qualifying equipment, significant cost dif-
ferential of the equipment, the agency's per-
formance requirements, and the agency's
mission.
(b) Within 180 days from the date of this
order, agencies shall specify that micro-
computers, including personal computers,
monitors, and printers, acquired by the agen-
cy shall be equipped with the energy efficient
low-power standby feature as defined by the
EPA Energy Star computers program. This
feature shall be activated when the equip-
ment is shipped and shall be capable of en-
tering and recovering from the low-power
state unless the equipment meets Energy
Star efficiency levels at all times. To the ex-
tent permitted by law, agencies shall include
this specification in all existing and future
contracts, if both the Government and the
contractor agree, and if any additional costs
would be offset by the potential energy sav-
ings.
(c) Agencies shall ensure that Federal
users are made aware of the significant eco-
nomic and environmental benefits of the en-
ergy efficient low-power standby feature and
its aggressive use by including this informa-
tion in routine computer training classes.
(d) Each agency shall report annually to
the General Services Administration on ac-
quisitions exempted from the requirements
of this Executive order, and the General
Services Administration shall prepare a con-
solidated annual report for the President.
Sec. 2. Definition. For purposes of this
order, the term "agency" has the same mean-
ing given it in section 151 of the Energy Pol-
icy Act of 1992.
Sec. 3. Judicial Review. This order does
not create any right or benefit, substantive
or procedural, enforceable by a non-Federal
party against the United States, its officers
or employees, or any other person.
William J.Clinton
The White House,
April 21,1993.
[Filed with the Office of the Federal Register,
10:48 a.m., April 22,1993]
NOTE: This Executive order was published in the
Federal Register on April 23.
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Appendix F
DOD Policy Statement
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POLICY STATEMENT
• The Department of Defense (DoD) must redefine its environmental
focus away from traditional end-of-pipe controls to pollution
prevention. Our new focus requires complete commitment from
installation commanders, Service Acquisition Executives, Program
Executive Officers, Program, Project and Product Managers (PMs)
and contractors to develop, and more importantly, implement
innovative approaches to preventing pollution at the source.
• The DoD must work closely with the public and local emergency
planning committees (LEPCs) to provide them with the information
they need both to protect the public and inform the public about
toxic and hazardous chemicals and hazardous substances used by
and stored at facilities in their communities.
• It is DoD policy that pollution be prevented or reduced at the
source; pollution that cannot be prevented be recycled in an
environmentally safe manner; pollution that cannot be prevented
or recycled be treated in an environmentally safe manner; and
that disposal or other release into the environment be employed
only as a last resort and should be conducted only in an
environmentally safe manner. This policy shall be fully
integrated into program guidance and other guidance issued for
administration and operations in DoD.
• Each DoD Component will make every soldier, sailor, airman,
marine and civilian aware of what they need to do to comply with
the Emergency Planning and Community Right-to-Know Act of 1986
(EPCRA) by providing EPCRA training at its installations.
• The acquisition community holds the key to preventing pollution
that results from the acquisition of new and modified weapon and
support systems. The Department's Service Acquisition
Executives, Program Executive Officers, and PMs shall address
pollution prevention as an integral element of systems, system
components and associated support items through all acquisition
phases over the entire system life cycle and as appropriate in
the revision of standardized documents.
• Implementing Executive Order 12856 requires the complete
cooperation of the Military Departments and Defense Agencies
working in unison. The DoD's goal is to implement the Executive
Order efficiently without duplicating efforts. Where possible
the Military Departments and Defense Agencies should share
resources, expertise and capabilities.
• Up front funding for pollution prevention saves operational
costs through efficient use of resources and reducing compliance
costs. DoD components will identify funding to implement the
requirements of the Executive Order.
Attachment 2
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• To the maximum extent possible, PMs will apply environmental
life cycle analysis and total cost accounting principals to all
projects to meet the requirements of the Executive Order.
• DoD will cooperate fully with the Environmental Protection
Agency and state and local regulators to ensure maximum use of
their expertise and resources.
• The Defense Environmental Corporate Information Management
(DECIM) process will place priority on developing systems to
facilitate the collection and processing of data needed to comply
with EPCRA.
• The research, development, test and evaluation community will
develop and test innovative pollution prevention technologies
through partnerships among industry, Federal agencies, Government
laboratories, academia and others.
• The Department of Defense will reduce the use of energy and the
related environmental impacts by promoting the use of energy
efficiency and renewable energy technologies.
• The public will be afforded ready access to all strategies,
plans and reports that individual facilities, Military
Departments and Defense Agencies are required to prepare under
this order except when such documentation is withheld because of
a national security exemption granted by the President.
Attachment 2
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Appendix G
CEQ Guidance to Federal Agencies
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6478 Federal Register / Vol. 58, No. 18 / Friday, January 29, 1993 / Notices
COUNCIL ON ENVIRONMENTAL
QUALITY
National Environmental Policy Act;
Pollution Prevention
AGENCY: Council on Environmental
Quality, Executive Office of the
President.
ACTION: Information only—
memorandum to head of Federal
departments and agencies regarding
pollution prevention and the National
Environmental Policy Act.
SUMMARY: This memorandum provides
guidance to the federal agencies on
incorporating pollution prevention
principles, techniques, and mechanisms
into their planning and decisionmaking
processes and evaluating and reporting
those efforts in documents prepared
pursuant to the National Environmental
Policy Act.
FOR FURTHER INFORMATION CONTACT:
Lucinda Low Swartz, Deputy General
Counsel, Council on Environmental
Quality. 722 Jackson Place NW.,
Washington, DC 20503. Telephone: 202/
395-5754.
SUPPLEMENTARY INFORMATION:
Memorandum
To: Heads of Federal Departments and
Agencies
From: Michael R. Deland
Subject: Pollution Prevention and the
National Environmental Policy Act
Date: January 12,1993
Introduction
Although substantial improvements
in environmental quality have been
made in the last 20 years by focusing
federal energies and federal dollars on
pollution abatement and on cleaning up
pollution once it has occurred,
achieving similar improvements in the
future will require that polluters and
regulators focus more on their efforts on
pollution prevention. For example,
reducing non-point source pollution—
such as runoff from agricultural lands
and urban roadways—and addressing
cross-media environmental problems—
such as the solid waste disposal
problem posed by the sludge created in
the abatement of air and water
pollution—may not be possible with
"end-of-the-pipe" solutions.
Pollution prevention techniques seek
to reduce the amount and/or toxidty of
pollutants being generated. In addition,
such techniques promote increased
efficiency in the use of raw materials
and in conversation of natural resources
and can be a most cost-effective means
of controlling pollution than does direct
regulation. Many strategies have been
developed and used to reduce pollution
and protect resources, including using
fewer toxic inputs, redesigning
products, altering manufacturing and
maintenance processes, and conserving
energy.1
This memorandum seeks to encourage
all federal departments and agencies, in
furtherance of their responsibilities
under the National Environmental
Policy Act (NEPA), to incorporate
pollution prevention principles,
techniques, and mechanisms into their
planning and decisionmaking processes
and to evaluate and report those efforts,
as appropriate, in documents prepared
pursuant to NEPA.
Background
NEPA provides a longstanding
umbrella for a renewed emphasis on
pollution prevention in all federal
activities. Indeed, NEPA's very purpose
is "to promote efforts which will
prevent or eliminate damage to the
environment* * *." 42 U.S.C. 4321.
Section 101 of NEPA contains
Congress' express recognition of "the
profound impact of man's activity on
the interrelations of all components of
the natural environment" and
declaration of the policy of the federal
government "to use all practicable
means and measures * * * to create
and maintain conditions under which
man and nature can exist in productive
harmony* * *." 42 U.S.C. 4331(a). In
order to carry out this environmental
policy. Congress required all agencies of
the federal government to act to
preserve, protect, and enhance the
environment. See 42 U.S.C. 4331(b).
Further, section 102 of NEPA requires
the federal agencies to document the
consideration of environmental values
in their decisionmaking in "detailed
statements" known as environmental
impact statements (EIS}. 42 U.S.C.
4332(2}(c)). As the United States
Supreme Court has noted, the
"sweeping policy goals announced in
section 101 of NEPA are thus realized
through a set of'action-forcing'
procedures that require that agencies
take a 'hard look* at environmental
consequences." Robertson v. Methow
Valley Citizens Council, 490 U.S. 332
(1989).
The very premise of NEPA's policy
goals, and the thrust for implementation
of those goals in the federal government
through the EIS process, is to avoid,
minimize, or compensate for adverse
environmental impacts before an action
is taken. Virtually the entire structure of
NEPA compliance has been designed by
CEQ with the goal of preventing,
eliminating, or minimizing
environmental degradation. Thus,
compliance with the goals and
procedural requirements of NEPA,
thoughtfully and fully implemented,
can contribute to the reduction of
pollution from federal projects, and
from projects funded, licensed, or
approved by federal agencies,
Defining Pollution Prevention
CEQ defines and uses the term
"pollution prevention" broadly. In
keeping with NEPA and the CEQ
regulations implementing the
procedural provisions of the statute,
CEQ is not seeking to limit agency
discretion in choosing a particular
course of action, but rather is providing
direction on the incorporation of
pollution prevention considerations into
agency planning and decisionmaking.
"Pollution prevention" as used in this
guidance includes, and is not limited to,
reducing or eliminating hazardous or
other polluting inputs, which can
contribute to both point and non-point
source pollution; modifying
manufacturing, maintenance, or other
industrial practices; modifying product
designs; recycling (especially in-
process, closed loop recycling);
preventing the disposal and transfer of
pollution from one media to another;
and increasing energy efficiency and
conservation. Pollution prevention can
be implemented at any stage—input, use
or generation, and treatment—and may
involve any technique—process
modification, waste stream segregation,
inventory control, good housekeeping or
best management practices, employee
training, recycling, and substitution.
Indeed, any reasonable mechanism
which successfully avoids, prevents, or
reduces pollutant discharges or
emissions other than by the traditional
method of treating pollution at the
discharge end of a pipe or a stack
should, for purposes of this guidance, be
considered pollution prevention.2
' POT a dismission ol sucfc strategies and activities.
s«e th» Council on Environmental Quality's 2Otit
Environmental Quality report, at 215-257 (1989);
21st Environmental Quality report, at 79-133
(1990); and ZZnrf Bnriwnmental Quality report, at
151-158(1991).
1 It should be noted that EPA, in accordance with
th* Pollution Prevention Act of 1990 (Pub. L 101-
508.8601 at »eo I met a different definition, one
which describes pollution prevention in terms of
source reduction and other practices which reduce
or eliminate the creation of pollutanti through
increased efficiency in the UM of raw materials.
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6479
Federal Agency Responsibilities
Pursuant to the policy goals found in
NEPA section 101 and the procedural
requirements found in NEPA section
102 and in the CEQ regulations, the
federal departments and agencies
should take every opportunity to
include pollution prevention
considerations in the early planning and
decisionmaking processes for their
actions, and, where appropriate, should
document those considerations in any
EISs or environmental assessments (EA)
prepared for those actions.3 In this
context, federal actions encompass
policies and projects initiated by a
federal agency itself, as well as activities
initiated by a non-federal entity which
need federal funding or approval.
Federal agencies are encouraged to
consult EPA's Pollution Prevention
Information Clearinghouse which can
serve as a source of innovative ideas for
reducing pollution.
1. Federal Policies, Projects, and
Procurements
The federal government develops and
implements a wide variety of policies,
legislation, rules, and regulations;
designs, constructs, and operates its
own facilities; owns and manages
millions of acres of public lands; and
has a substantial role as a purchaser and
consumer of commercial goods and
services—all of these activities provide
tremendous opportunities for pollution
prevention which the federal agencies
should grasp to the fullest extent
practicable. Indeed, some agencies have
a already begun their own creative
pollution prevention initiatives:
Land Management
The United States Forest Service has
instituted best management practices on
several national forests. These practices
include leaving slash and downed logs
in harvest units, maintaining wide
energy, water. or other resources 01 the protection
of natural resources by conservation "Source
reduction" is defined as any practice which reduces
the amount of any hazardous substance, pollutant,
or contaminant entering any waste stream or
otherwise released into the environment prior to
recycling, treatment, or disposal and which reduces
(he hazards lo public health and the em ironment
associated with the release of such substances,
pollutants, or contaminants
'Under section 309 of the Clean Air Act (42
U S.C. 7609), EPA is directed to review and
comment on all major federal actions, including
construction projects, proposed legislation, and
proposed regulations In addition, the Pollution
Prevention Act of 1990 directs EPA fo encourage
source reduction practices in other federal agencies
EPA is using this authority lo identify opportunities
for pollution prevention in the federal agencies and
to suggest how pollution prevention concepts can
be addressed by the agencies in their EISs and
incorporated into the wide range* of government
activities
buffer zones around streams, end
encouraging biological diversity by
mimicking historic burn patterns and
other natural processes in timber sale
design and layout. The beneficial effects
have been a reduction in erosion,
creation of fish and wildlife habitat, end
the elimination of the need to bum
debris after logging—in other words, a
reduction of air and water pollution.'
The National Park Service and the
Bureau of Reclamation have
implemented integrated pest
management programs which minimize
or eliminate the use of pesticides. In
addition, in some parks storm water
runoffs from parking lots have been
eliminated by replacing asphalt with the
use of a "geo-block" system
{interlocking concrete blocks with
openings for grass plantings). The lot is
mowed as a lawn but has the structural
strength to support vehicles.
The Tennessee Valley Authority
(TVA) has developed a transmission
line right-of-way maintenance program
which requires buffer zones around
sensitive areas for herbicide
applications and use of herbicides
which have soil retention properties
which allow less frequent treatment and
better control. TVA is also testing whole
tree chipping to clear rights-of-way in a
single pass application, allowing for
construction vehicle access but reducing
the need for access roads with the
nonpoint source pollution associated
with leveling, drainage, or compaction.
In addition, TVA is using more steel
transmission line poles to replace
traditional wooden poles which have
been treated with chemicals.
For construction projects it
undertakes, the Department of Veterans
Affairs discusses in NEPA documents
and implements pollution prevention
measures such as oil separation in storm
water drainage of parking structures,
soil erosion and sedimentation controls,
and the use of recycled asphalt.
Office Programs
Many agencies, including the
Department of Agriculture's Economic
Research Service and Soil Conservation
Service, Department of the Army,
Department of the Interior, Consumer
Product Safety Commission, and
Tennessee Valley Authority, have
implemented pollution prevention
initiatives in their daily office activities.
These initiatives embrace recycling
programs covering items such as paper
products (e,g , white paper, newsprint,
cardboard), aluminum, waste oil,
batteries, tires, end scrap metal,
procurement and use of
"environmentally safe" products end
products with recycled material content
(e.g., batteries, tires, cement mixed with
fly ash and recycled oil, plastic picnic
tables); purchase and use of alternative-
fueled vehicles in agency fleets; and
encouragement of carpooling with
employee education programs end
locator assistance.
In planning the relocation of its
headquarters, the Consumer Product
Safety Commission (CPSC) is
considering only buildings located
within walking distance of the subway
system as possible sites. By
conveniently siting its headquarters
facility, CPSC expects to triple the
number of employees relying on public
transportation for commuting and to
substantially increase the number of
agency visitors using public
transportation for attendance at agency
meetings or events.
Waste Reduction
The Department of Energy (DOE) has
instituted an aggressive waste
minimization program which has
produced substantial results. DOE's
nuclear facilities have reduced the sizes
of radiological control areas in order to
reduce low-level radioactive waste.
Other facilities have scrap metal
segregation programs which reduce
solid waste and allow useable material
to be sold and recycled. DOE facilities
also are replacing solvents and cleaners
containing hazardous materials with
less or non-toxic materials.
The Department of the Army has a
similar waste reduction program and is
vigorously pursuing source reduction
changes to industrial processes to
eliminate toxic chemical usage that
ultimately generates hazardous wastes.
The Army's program includes material
substitution techniques as well as
alternative application technologies. For
example, in an EIS and subsequent
record of decision for proposed actions
on Kwajalein Atoll, the Army
committed lo segregate solvents from
waste oils in the Kwajalein power plant
which will prevent continual
contamination of large quantities of
used engine oil with solvents. Oil
recycling equipment will also be
installed on power plant diese)
generators allowing reuse of waste oil.
The Federal Aviation Administration
(FAA) has also implemented a waste
minimization program' designed to
eliminate or reduce the amount and
toxicity of wastes generated by all
National Airspace System facilities.
This program includes using chemical
life extenders and recycling additives to
reduce the quantity and frequency of
wastes generated at FAA facilities and
providing chJorofluorocarbon (CFC)
recycling equipment to each sector in
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Federal Register / Vol. 58, No. 18 / Friday, January 29, 1993 / Notices
the FAA to that CFCs used in industrial
chillers, refrigeration equipment, and air
conditioning units can be recaptured,
recycled, and reused.
Inventory Control
DOS is improving procurement and
inventory control of chemicals and
control of materials entering
radiologically controlled areas. This can
minimize or prevent non-radioactive
waste from entering a radioactive waste
stream, thus reducing the amount of
low-level waste needing disposal.
In two laboratories operated by the
Consumer Product Safety Commission,
pollution prevention is being practiced
by limiting quantities of potentially
hazardous materials on hand.
The Tennessee Valley Authority's
nuclear program has established a
chemical traffic control program to
control the use of disposal of hazardous
materials. As a result of the program,
hazardous materials are being replaced
by less hazardous alternatives and use
of hazardous chemicals and products
has been reduced by 66%.
2. Federal Approvals
In addition to initiating their own
policies and projects, federal agencies
provide funding in the form of loans,
contracts, and grants and/or issue
licenses, permits, and other approvals
for projects initiated by private parties
and state and local government
agencies. As with their own projects and
consistent with their statutory
authorities, federal agencies could urge
private applicants to include pollution
prevention considerations into the
siting, design, construction, and
operation of privately owned and
operated projects. These considerations
could then be included in the NEPA
documentation prepared for the
federally-funded or federally-approved
project, and any pollution prevention
commitments made by the applicant
would be monitored and enforced by
the agency. Thus, using their existing
regulatory authority, federal agencies
can effectively promote pollution
prevention throughout the private
sector. Below are some existing
examples of incorporation of pollution
prevention into federal approvals:
The Nuclear Regulatory Commission
has required licensees to perform
mitigation measures during nuclear
power plant construction. These
measures include controlling drainage
by means of ditches, benns, and
sedimentation basins; prompt
revegetation to control erosion; and
stockpiling and reusing topsoiL
Similarly, mitigation measures required
during the construction of transmission
facilities include the removal of
vegetation by cutting and trimming
rather than bulldozing and avoiding
multiple stream crossings, wet areas,
and areas with steep slopes and highly
erodible soils. The mitigation conditions
in licenses serve to prevent pollution
from soil erosion and to minimize waste
from construction.
In the implementation of its programs,
the Department of Agriculture
encourages fanners to follow
management practices designed to
reduce the environmental impacts of
farming. Such practices include using
biological pest controls and integrated
pest management to reduce the toxicity
and application of pesticides,
controlling nutrient loadings by
installing buffer strips around streams
and replacing inorganic fertilizers with
animal manures, and reducing soil
erosion through modified tillage and
irrigation practices. Further,
encouraging the construction of
structures such as waste storage pits,
terraces, irrigation water conveyances or
pipelines, and lined or grassed
waterways reduces runoff and
percolation of chemicals into the
groundwater.
The Department of Transportation's
Maritime Administration is conducting
research on a Shipboard Piloting Expert
System. If installed on vessels, this
system would provide a navigation and
pilotage assistance capability which
would instantly provide warnings to a
ship master or pilot of pending hazards
and recommended changes in vessel
heading to circumvent the hazard. The
system could prevent tanker collisions
or groundings which cause catastrophic
releases of pollutants.
The Department of the Interior's
Minerals Management Service (MMS)
prepares EISs which examine the effects
of potential Outer Continental Shelf
(OCS) oil exploration on the
environment and the various mitigation
measures that may be needed to
minimize such effects. Some pollution
prevention measures which are
analyzed in these EISs and which have
been adopted for specific lease sales
include measures designed to minimize
the effects of drilling fluids discharge.
waste disposal, oil spills, and air
emissions. For example, MMS requires
OCS operations to use curbs, gutters,
drip pans, and drains on drilling
platforms and rig decks to collect
contaminants such as oil which may be
recycled.
Incorporating Pollution Prevention Into
NEPA Documents
NEPA and the CEQ regulations
establish a mechanism for building
environmental considerations into
federal decisionmaking. Specifically,
the regulations require federal agencies
to "integrate the NEPA process with
other planning at the earliest possible
time to insure that planning and
decisions reflect environmental values,
to avoid delays later in the process, and
to head off potential conflicts." 40 CFR
1501.2. This mechanism can be used to
incorporate pollution prevention in the
early planning stages of a proposal.
In addition, prior to preparation of an
EIS, the federal agency proposing the
action is required to conduct a scoping
process during which the public and
other federal agencies are able to
participate in discussions concerning
the scope of issues to be addressed in
the EIS. See 40 CFR 1501.7. Inchiding
pollution prevention as an issue in the
scoping process would encourage those
outside the federal agency to provide
insights into pollution prevention
technologies which might be available
for use in connection with the proposal
or its possible alternatives.
Pollution prevention should also be
an important component of mitigation
of the adverse impacts of a federal
action. To the extent practicable,
pollution prevention considerations
should be included in the proposed
action and in the reasonable alternatives
to the proposal, and should be
addressed in the environmental
consequences section of the EIS. See 40
CFR 1502.14(fJ, 1502.16(h), and
1508.20.
Finally, when an agency reaches a
decision on an action for which an EIS
was completed, a public record of
decision must be prepared which
provides information on the alternatives
considered and the factors weighed in
the decisionmaking process.
Specifically, the agency must state
whether all practicable means to avoid
or minimize environmental harm were
adopted, and if not, why they were not.
A monitoring and enforcement program
must be adopted if appropriate for
mitigation. See 40 CFR 1505.2(c). These
requirements for the record of decision
and for monitoring and enforcement
could be an effective means to inform
the public of the extent to which
pollution prevention is included in a
decision and to outline how pollution
prevention measures will be
implemented,
A discussion of pollution prevention
may also be appropriate in an EA. While
an EA is designed to be a brief
discussion of the environmental impacts
of a particular proposal, the preparer
could also include suitable pollution
prevention techniques as a means to
lessen any adverse impacts identified.
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See 40 CFR 1508.9. Pollution prevention
measures which contribute to an
agency's finding of no significant impact
must be carried out by the agency or
made part of a permit or funding
determination.
Conclusion
Pollution prevention can provide both
environmental and economic benefits,
and CEQ encourages federal agencies to
consider pollution prevention
principles in their planning and
decisionmaking processes in accordance
with the policy goals of NEPA Section
101 and to include such considerations
in documents prepared pursuant to
NEPA section 102, as appropriate.4 In
its role as a regulator, a policymaker, a
manager of federal lands, a grantor of
federal funds, a consumer, and an
operator of federal facilities which can
create pollution, the federal government
is in a position to help lead the nation's
efforts to prevent pollution before it is
created. The federal agencies should act
now to develop and incorporate
pollution prevention considerations in
the full range of their activities.
David B. Struhs,
ChiefofStaff.
1FR Doc. 93-2104 Filed 1-28-93; 8:45 am)
BILLING CODE 3125-01-M
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