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
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'//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
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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
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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. - ;
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"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.
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"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.
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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
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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%
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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
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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;
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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.
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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
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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.
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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, .
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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.
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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.
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