vvEPA
                        Office
             , r,>nmental Protection

             -ncv  • '
Pollution Prevention and
Right-to-Know in the
Government

Executive Order 12856
                                Recycf«d/R«cydabl*
                                Printed with Soy/Canola Ink on paper that
                               . contains *tl«a« 50% recydadfibw

-------

-------
'//fATith this Executive Order, I ask Federal facilities to
 / V V set a voluntary goal of reducing their releases of
'/'toxic pollutants 50 percent by 1999.  this will reduce
   fnxic releases, control costs associated with cleanups, and
- promote clean  technologies. And it will help make our
   government what it should be — a positive example for
   the rest of the country."

                      President Bill Clinton
™ -                    announcing the Pollution Prevention
                      Executive Order on Earth Day, 1993
        We in the Federal government must lead the way in
        reducing the use of environmentally harmful ma-
  -ferials.  Pol|ttjtion prevention makes economic sense.
  TH?jU save iP^ey on raw materials, we'll riave less waste
  rio 'dispose* of,  and we'll protect American 
-------
 On August 3, 1993, President Clinton signed a new Executive
 Oder pledging  the Federal government to protect the environ-
 ment by preventing pollution at the source. Executive Order 12856
 SMhe Fedefal government to publicly report toxic wastes
 and emissions, and to reduce toxic releases at least 50% by 1999.

 Preventing-pollution at the source - through substitution of less
 hazardous5 materials, improved maintenance, and more efficient
 nroduction processes - can save millions of dollars in waste man-
 SelentanPddeanupcost,  Executive Oder 12856  allows the
 Federal government to reap  these economic and environmental
 benefits,  which are already being realized by many_Amenom
 manufacturers, it also applies to the Federal government the same
 princlple^f public disclosure and accountability that have proven
 so effective in promoting pollution prevention in the pnvate sector.

 Executive Order 12856 was developed with the participation and
. suTort of^e Department of Defense, Department of Energy and
 other Federal agencies. It also responds to a call for a*onjrom
 Senator John Kerry (D-MA)  and Representative Mike Synar (D-
 OK) who led a bipartisan coalition of Congressional colleagues in
 SS^Vhe Federal government to meet the same challenges we
 have established for the private sector.

  This document highlights key provisions and deadlines^identifies,
  principal agency contacts, and includes a copy of the full text of the
  Executive Order.

  I hope that we can count on your support as the Federal govern-
  ment moves to meet this exciting new challenge.
                                    j^
                      Carol M. Browner
                      Administrator

-------
WHY IS THIS
EXECUTIVE
ORDER
IMPORTANT?
It challenges the Federal government to lead by example.
Executive Order 12856 'challenges the Federal government to publicly lead by
example through applying source reduction in the management of its facilities ,
and in its acquisition practices.  By preventing'pollution, the Federal govern-
ment not only protects the environment it saves the taxpayers money by reduc-
ing waste management costs and Long-term, liability for expensive cleanup.

It applies Right-to-Know laws to the Federal government
Federal Right-to-Know laws have applied to the private sector since 1986, but a
loophole in the statute exempts facilities owned and operated by the Federal
government. Executive Order 12856 ends that double standard by closing this
loophole and requiring government facilities to report annually on the amount
of toxic chemicals generated as .waste or released to the environment.


It reflects the government's commitment to being a good neighbor.
Federal facilities are often, an important force in local communities, and some-
times the largest, employer. Making these operations publicly accountable
under Right-to-Know laws demonstrates the government's commitment to"
being a good neighbor and to taking steps to reduce the risk "of environmental
releases.  .   ' -                       •  '       :
                         •                     /
It will reduce exposure to toxic chemical emissions.
A 50% reduction goal in chemical releases to the environment will reduce expo-
sure to toxic chemical emissions^ Federal compliance with Right-to-Know laws
will give, the public the tools to track progress in meeting these goals.
WHAT ARE THE
PRINCIPAL
REQUIREMENTS
OFTHE
EXECUTIVE
ORDER?
Right-to-Know                •         .'..<•'--•
  Q- Federal facilities that manufacture or process 25,000 pounds, or otherwise
     use 10,000 pounds of toxic chemicals must annually report their releases
     and off-site transfers as part of the Toxic Release Inventory (TRI) under
     the Emergency Planning and Community Right-to-Know Act of 1986
     (EPCRA) and the Pollution Prevention Act (PPA). This requirement
  .   applies to all facilities whether or not they are engaged in manufacturing.

  Q These 1~RI reporting requirements take effect no later than the 1994 calen-
     dar year, with the first reports due, to EPA July 1,. 1995, or earlier.

  Q Federal facilities must also comply with the emergency planning and
     notification requirements of EPGRA. These requirements include notifica-
     tions to Local Emergency Planning Committees of chemicals stored or
     used on the facility and an annual chemical inventory reporting require-
     ment.              -                                           ;

-------
"Pollution prevention will
make the government oper-
ate more efficiently — and
ultimately make us better
stewards of our nation's re-
sources."

Representative MikeSynar,
D-Oklahoma
50% Reduction Goal
  D' Each Federal agency must establish a voluntary goal to reduce total re-
     feases and off-site transfers of toxic chemicals or toxic pollutants DO* by
     .1999 The Federal agencies must achieve these reductions through source
  '   reduction practices to the extent possible.


Procurement
  3 Federal agencies are required to review standardized documents-such as
     mUtory or federal specifications and standards-and identify opportuni-
     to toreduce or eliminate the unnecessary use of extremely hazardous
     ' "stances and toxic chemicals. This review, to be completed by August 3,
      1995, will be based on the priorities  established in consultation with the
      EPA.  .        ..       "

  3  Federal agencies will make all appropriate revisions to these specifications
      and standards by 1999.  •

   G  Each Federal agency will develop a plan and goals for eliminating or
      reducSgthe'unnecLary.acquisition of products containing extremely   ,
      hazardous substances or toxic chemicals.

  ' 3 Each Federal agency will develop a plan and goals for reducing its own
      manufacturing; processing, and use of products containing extremely
      hazardous substances or toxic chemicals. ^

   H Priorities for all of the obligations will reflect an assessment of relative
      risk, and the cost and performance  of available substitutes.
                           Planning
                             G Each Federal agency must develop a written strategy by August 3,1W4,
                                whfch ScTudesga pdicy statement committing the agency to source refac-
                                tion. The plan must also use pollution prevention as thepnmary means
                                of achieving and maintaining compliance with Federal, State, and local
                                environmental requirements.

                             Q Each covered Federal facility must develop a pollution prevention plan by
                                the end of 1995.

                            Recognition
                             Q  EPA must establish the "Federal Government Environmental Challenge
                                 ProgrTm," to recognize outstanding facility and employee environmental
                                 management and performance.

-------
"If we are to be leaders,
we must lead not only by
word, but by example —
the  Federal government
should do not only what
we are asking of industry
and states, but more."

Senator John Kerry,
D-Massachusetts         •
Progress Reports
  Q  Beginning October 1,1995, each Federal agency must submit an annual
     report to EPA on their progress towards meeting the 50% reduction goal
     and their acquisition goals.

  Q  EPA must annually report to the President on the government-wide imple-
   .  mentation of the Executive Order.

Public Access
  Q  All strategies, plans, and reports must be made available to the public.
HOW DOES THE
EXECUTIVE
ORDER RELATE
TO THE 33/50
PROGRAM?
  Q  The Environmental Protection Agency's 33/50 program has attracted
     pledges from over one thousand companies to reduce the release of seven-
     teen industrial toxic chemicals at least 50% by'the end of 1995. Executive
     Order 12856 builds on that immense success, but places a greater emphasis
     on source reduction as a means of achieving a 50% reduction in all toxic
     chemical releases by 1999.
                          What is Pollution Prevention?

                            The EPA defines pollution prevention as source reduction arid other
                            - ractices that reduce the amount of pollutants entering a waste stream
                            prior to out-of-process recycling, treatment, or disposal.  Prevention
                            includes improvements in manufacturing, such as the substitution of
                            non-toxic -hazardous  materials, redesign of products to reduce
                            environmental impacts, in-process recycling, modification ot
                            equipment, and housekeeping measures such as improved
                            maintenance. It also encompasses increased efficiency in the use of
                            energy and water, and other practices that protect natural resources
                            through conservation.

-------
HOW WILL THE
EXECUTIVE
ORDER BE
IMPLEMENTED?
3  Each Federal agency will develop a written strategy detailing how it will
   carry out the requirements of the Executive Order by August 3,1994.

Q  EPA will establish an interagency task force, composed of representatives
   from EPA, Commerce, Defense, Energy, GSA, OMB, and other agenaes, to
   coordinate implementation.

Q  The head of each Federal agency will be responsible for \hat agency's com-
   pliance with the Order.

Q  EPA can conduct inspections of Federal facilities and notify Federal agen-
   cies 'c non-compliance.

Q  EPA will be issuing Interpretative Guidance on the Order for Federal agen-
   cies, EPA Regions, and states in late 1993.        .
                           What is a Toxic Chemical?
                           A toxic chemical is a substance listed in section 313(c) of EPCRA.

                           What is a Toxic Pollutant?
                           Toxic pollutants include, but are not necessarily limited to, those chemi-
                           cals at a Federal facility subject to provisions of section 313(c) of EPCRA.
                           Federal agencies may also choose to include releases of other chemicals
                           such as RCRA hazardous waste or hazardous air pollutants under the
                           Clean Air Act Amendments.

                           What  is an Extremely Hazardous Substance?
                           An extremely hazardous substance is defined in section 329(3) of EPCRA.
                               "I share the President's commitment to making the Federal government,
                               and in particular the Department of Defense, a leader in pollution
                               prevention and fulfillment of Community Right-to-Know laws. This
                               Executive Order supports the efforts of the Defense Department to
                               eliminate pollution at its source."

                               Sherri Goodman    7
                               Deputy Under Secretary of Defense
                               Environmental Security

-------
KEY
DEADLINES
December tf, 1993,.;.;:Agencies provide planning list to EPA of
                    facilities covered by the Executive Order

January 1994 :..-.	.....Facilities submit Emergency Notification of
                    Releases of an Extremely Hazardous
                    Substance under Section 304 of EPCRA   ,

March 3,1994	.......Facilities submit Emergency Planning
                    Notification to Local Emergency Planning
                    Committee (L^PC) under Section 302 of
                    EPCRA                          '

Augusts, 1994..	Agencies submit pollution prevention
                 ,  strategies to EPA  ^

Augusts, 1994....	Facilities submit information for the
                    preparation of Comprehensive Emergency-
                    Response Plans under Section 303 of EPCRA

August 3, 1994	.....Facilities submit Material Safety Data Sheets
                    under Section 311 of EPCRA

March 1, 1995	......Facilities submit Emergency and Hazardous
                •    Chemical Inventory Form under Section 312 of
                    EPCRA

July 1 1995  ....-	...Facilities submit TRI reports under Section 313
                    of EPCRA    ,

August 3,1995...	...DoD and GSA identify opportunities to revise
                   1 specifications and standards

October 1, 1995 ...........Agencies submit first annual progress report

December 31,1995......Facilities prepare Pollution Prevention Plans

1999...;.	.......DoD and GSA revise specifications arid
                     standards.,

1999...........	......Agencies reduce total toxic chemicals or toxic
                     pollutants by 50%

-------
How Can I Get More Copies of the Executive
Order?
The Order was published in the August 6,1993
Federal Register. Copies are also.ava^_fr°^t!le1
EPCRA Hotline (1-800-535-0202) and PIES (703-821-
4800).

Who Can I Contact For More Information?

For EPCRA Information
Emergency Planning and Community Right-to-Know
 Hotline
                            .(800) 535-0202 (National)
                            ..(703) 412-9877 (Virginia)
 For Federal Facility Information
 Jim Edward or Will Garvey	:	.-..(202)260-8790
 For Pollution Prevention Information
 Pollution Prevention Information                   „
  Clearinghouse	(202)260-1023
 Pollution Prevention Information
  Exchange System	(703)821-4800
 For Department of Defense Information

 OfSe of ?he Assistant Deputy Under Secretary of Defense
 (Pollution Prevention)	•	<703> 756-2969

-------
THE EXECUTIVE ORDER
                                                                                               41981
Federal Register

Vol. 58, No. 150

Friday, August 6, 1993
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;

-------
41982   F*HPra. Renter
Vol. 58,  No. 150  /  Friday,'  August 6, 1993  /  Presidential Documents
   Reauire Federal agencies to report in a public manner toxic chemicals entering
   anv wastesiream 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,  he 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 Presidentt by the Constltu.
   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 ls'responsible for
   ensuring tha  all necessary actions are taken for the prevention of pollution with
   respect8to that agency's activities and facilities, and for ensuring tha: agency s
   compliance with pollution prevention and emergency planning and  community
   rffto-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
    1          H               "facility" as that term is defined in section 329(4) of
                              Is the threshold requirements set forth in  EPCRA for
                           by section 3-304tb) of this order ("covered facilities  ).
    mdudhu  those  facilities which are subject,. Independent of this order, to the
    includ ng inose  '<£"'"             certain Government-owned/contractor-oper-
    aTeTfacU Ues (GOCO's)? f^rchemicats meeting EPCRA threshes) This order
    ioes no  apply to Fede al  agency facilities outside the  customs territory of the
    United States' such as United States diplomatic and consular missions abroad.





    and  tra^s from aVsuch  facilities when meeting al. of the  Federal agency's
    responsibilities under this order.








     Sec. 2-2. Definitions.
     2-201 AH definitions found In EPCRA and PPA and Implementing regulations are
     also includes Federal agencies.
          . Federal agency means an Executive agency, as defined in 5 U.S.C. 105. For
                                                         Md '"   v*-c im'
                                                                 other
     increasedefficiency in the use of raw materials, energy,;
     or (L) protection of natural resources by conservation.

-------
Federal Register ./  Vol. 5°, NQ.  150  / Friday, August 6, 1993 7 Presidential Documents      41983

   -       '              2-204. GOCQ,means a^Gpvernment-owned/contractor-operated facility which is
       ' ..  '              owned by tfii FederaifcSvernment 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-
                         sourceConservation 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'? 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
                         tc 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  Chemical Reduction Goals, (a) The head of each Federal  agency
                         subject to  this order  shall ensure that  the agency develops voluntary goals to
                         reduce the agency'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 SO 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 goal 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
                                                                                                       11

-------
41984   Federal Register  .'  Vol. 58,  N'o. 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, «««Jud«n8 w«n*«Jy|ni su^'
                             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 31J ot
                              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.

-------
Vol. 58,. No. 150 /.•-Friday,- August 6, 1993  /  Presidential Documents      ,41985 '.


   (c) The first yeW.'pf compance shall be no later than for the 1994 calendar year
 with reports due on or befojre 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 EPGRA, 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  prder.     .
   (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
 r quirement 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-tb-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,                .

-------
41986  Federal Register  .-  Vol. 58,  No. 150 /  Friday, August 6, 1993 /'Presidential Documents
                               4-405  Ftderal 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
                                rlght-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 ERA 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 author!-
                                ties where their facilities are located for  an additional  point of access to the
                                public.

-------
       Federal Register  / ' Vofc 58,  No. 150  / Friday,  August 6,, 1993  ./ Presidential Documents,_
4,2957
                          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 P>°vis'°nf°f '">? or a"
                          aspects of this order for particular Federal agency facilities, provided tha the proce,
                          duPres set forth in section 120(j)(l) of the Comprehensive; Env.ronmental R^ponse
                          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.
[FR Doc/93-19069

Filed 8-4-93; 4:37 pm]

Billing code 319S-01-P
                           THE WHITE HOUSE,

                           August 3, 1993.

-------

-------

-------
'

-------