[Federal Register Volume 65, Number 81 (Wednesday, April 26, 2000)]
[Presidential Documents]
[Pages 24595-24606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10550]
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Part V
The President
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Executive Order 13148--Greening the Government Through Leadership in
Environmental Management
Executive Order 13149--Greening the Government Through Federal Fleet
and Transportation Efficiency
Executive Order 13150--Federal Workforce Transportation
Presidential Documents
Federal Register / Vol. 65, No. 81 / Wednesday, April 26, 2000 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 24595]]
Executive Order 13148 of April 21, 2000
Greening the Government Through Leadership in
Environmental Management
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the Emergency Planning and Community
Right-to-Know Act of 1986 (42 U.S.C. 11001-11050)
(EPCRA), the Pollution Prevention Act of 1990 (42
U.S.C. 13101-13109) (PPA), the Clean Air Act (42 U.S.C.
7401-7671q) (CAA), and section 301 of title 3, United
States Code, it is hereby ordered as follows:
PART 1--PREAMBLE
Section 101. Federal Environmental Leadership. The head
of each Federal agency is responsible for ensuring that
all necessary actions are taken to integrate
environmental accountability into agency day-to-day
decisionmaking and long-term planning processes, across
all agency missions, activities, and functions.
Consequently, environmental management considerations
must be a fundamental and integral component of Federal
Government policies, operations, planning, and
management. The head of each Federal agency is
responsible for meeting the goals and requirements of
this order.
PART 2--GOALS
Sec. 201. Environmental Management. Through development
and implementation of environmental management systems,
each agency shall ensure that strategies are
established to support environmental leadership
programs, policies, and procedures and that agency
senior level managers explicitly and actively endorse
these strategies.
Sec. 202. Environmental Compliance. Each agency shall
comply with environmental regulations by establishing
and implementing environmental compliance audit
programs and policies that emphasize pollution
prevention as a means to both achieve and maintain
environmental compliance.
Sec. 203. Right-to-Know and Pollution Prevention.
Through timely planning and reporting under the EPCRA,
Federal facilities shall be leaders and responsible
members of their communities by informing the public
and their workers of possible sources of pollution
resulting from facility operations. Each agency shall
strive to reduce or eliminate harm to human health and
the environment from releases of pollutants to the
environment. Each agency shall advance the national
policy that, whenever feasible and cost-effective,
pollution should be prevented or reduced at the source.
Funding for regulatory compliance programs shall
emphasize pollution prevention as a means to address
environmental compliance.
Sec. 204. Release Reduction: Toxic Chemicals. Through
innovative pollution prevention, effective facility
management, and sound acquisition and procurement
practices, each agency shall reduce its reported Toxic
Release Inventory (TRI) releases and off-site transfers
of toxic chemicals for treatment and disposal by 10
percent annually, or by 40 percent overall by December
31, 2006.
Sec. 205. Use Reduction: Toxic Chemicals and Hazardous
Substances and Other Pollutants. Through identification
of proven substitutes and established facility
management practices, including pollution prevention,
each agency shall reduce its use of selected toxic
chemicals, hazardous substances, and pollutants, or its
generation of hazardous and radioactive waste types at
its facilities by 50 percent by December 31, 2006. If
an agency is unable
[[Page 24596]]
to reduce the use of selected chemicals, that agency
will reduce the use of selected hazardous substances or
its generation of other pollutants, such as hazardous
and radioactive waste types, at its facilities by 50
percent by December 31, 2006.
Sec. 206. Reductions in Ozone-Depleting Substances.
Through evaluating present and future uses of ozone-
depleting substances and maximizing the purchase and
the use of safe, cost effective, and environmentally
preferable alternatives, each agency shall develop a
plan to phase out the procurement of Class I ozone-
depleting substances for all nonexcepted uses by
December 31, 2010.
Sec. 207. Environmentally and Economically Beneficial
Landscaping. Each agency shall strive to promote the
sustainable management of Federal facility lands
through the implementation of cost-effective,
environmentally sound landscaping practices, and
programs to reduce adverse impacts to the natural
environment.
PART 3--PLANNING AND ACCOUNTABILITY
Sec. 301. Annual Budget Submission. Federal agencies
shall place high priority on obtaining funding and
resources needed for implementation of the Greening the
Government Executive Orders, including funding to
address findings and recommendations from environmental
management system audits or facility compliance audits
conducted under sections 401 and 402 of this order.
Federal agencies shall make such requests as required
in Office of Management and Budget (OMB) Circular A-11.
Sec. 302. Application of Life Cycle Assessment
Concepts. Each agency with facilities shall establish a
pilot program to apply life cycle assessment and
environmental cost accounting principles. To the
maximum extent feasible and cost-effective, agencies
shall apply those principles elsewhere in the agency to
meet the goals and requirements of this order. Such
analysis shall be considered in the process established
in the OMB Capital Programming Guide and OMB Circular
A-11. The Environmental Protection Agency (EPA), in
coordination with the Workgroup established in section
306 of this order, shall, to the extent feasible,
assist agencies in identifying, applying, and
developing tools that reflect life cycle assessment and
environmental cost accounting principles and provide
technical assistance to agencies in developing life
cycle assessments and environmental cost accounting
assessments under this Part.
Sec. 303. Pollution Prevention to Address Compliance.
Each agency shall ensure that its environmental
regulatory compliance funding policies promote the use
of pollution prevention to achieve and maintain
environmental compliance at the agency's facilities.
Agencies shall adopt a policy to preferentially use
pollution prevention projects and activities to correct
and prevent noncompliance with environmental regulatory
requirements. Agency funding requests for facility
compliance with Federal, State, and local environmental
regulatory requirements shall emphasize pollution
prevention through source reduction as the means of
first choice to ensure compliance, with reuse and
recycling alternatives having second priority as a
means of compliance.
Sec. 304. Pollution Prevention Return-on-Investment
Programs. Each agency shall develop and implement a
pollution prevention program at its facilities that
compares the life cycle costs of treatment and/or
disposal of waste and pollutant streams to the life
cycle costs of alternatives that eliminate or reduce
toxic chemicals or pollutants at the source. Each
agency shall implement those projects that are life-
cycle cost-effective, or otherwise offer substantial
environmental or economic benefits.
Sec. 305. Policies, Strategies, and Plans.
(a) Within 12 months of the date of this order,
each agency shall ensure that the goals and
requirements of this order are incorporated into
existing agency environmental directives, policies, and
documents affected by the requirements and goals of
this order. Where such directives and policies
[[Page 24597]]
do not already exist, each agency shall, within 12
months of the date of this order, prepare and endorse a
written agency environmental management strategy to
achieve the requirements and goals of this order.
Agency preparation of directives, policies, and
documents shall reflect the nature, scale, and
environmental impacts of the agency's activities,
products, or services. Agencies are encouraged to
include elements of relevant agency policies or
strategies developed under this part in agency planning
documents prepared under the Government Performance and
Results Act of 1993, Public Law 103-62.
(b) By March 31, 2002, each agency shall ensure
that its facilities develop a written plan that sets
forth the facility's contribution to the goals and
requirements established in this order. The plan should
reflect the size and complexity of the facility. Where
pollution prevention plans or other formal
environmental planning instruments have been prepared
for agency facilities, an agency may elect to update
those plans to meet the requirements and goals of this
section.
(c) The Federal Acquisition Regulation (FAR)
Council shall develop acquisition policies and
procedures for contractors to supply agencies with all
information necessary for compliance with this order.
Once the appropriate FAR clauses have been published,
agencies shall use them in all applicable contracts. In
addition, to the extent that compliance with this order
is made more difficult due to lack of information from
existing contractors, or concessioners, each agency
shall take practical steps to obtain the information
needed to comply with this order from such contractors
or concessioners.
Sec. 306. Interagency Environmental Leadership
Workgroup. Within 4 months of the date of this order,
EPA shall convene and chair an Interagency
Environmental Leadership Workgroup (the Workgroup) with
senior-level representatives from all executive
agencies and other interested independent Government
agencies affected by this order. The Workgroup shall
develop policies and guidance required by this order
and member agencies shall facilitate implementation of
the requirements of this order in their respective
agencies. Workgroup members shall coordinate with their
Agency Environmental Executive (AEE) designated under
section 301(d) of Executive Order 13101 and may request
the assistance of their AEE in resolving issues that
may arise among members in developing policies and
guidance related to this order. If the AEEs are unable
to resolve the issues, they may request the assistance
of the Chair of the Council on Environmental Quality
(CEQ).
Sec. 307. Annual Reports. Each agency shall submit an
annual progress report to the Administrator on
implementation of this order. The reports shall include
a description of the progress that the agency has made
in complying with all aspects of this order, including,
but not limited to, progress in achieving the reduction
goals in sections 502, 503, and 505 of this order. Each
agency may prepare and submit the annual report in
electronic format. A copy of the report shall be
submitted to the Federal Environmental Executive (FEE)
by EPA for use in the biennial Greening the Government
Report to the President prepared in accordance with
Executive Order 13101. Within 9 months of the date of
this order, EPA, in coordination with the Workgroup
established under section 306 of this order, shall
prepare guidance regarding the information and timing
for the annual report. The Workgroup shall coordinate
with those agencies responsible for Federal agency
reporting guidance under the Greening the Government
Executive orders to streamline reporting requirements
and reduce agency and facility-level reporting burdens.
The first annual report shall cover calendar year 2000
activities.
PART 4--PROMOTING ENVIRONMENTAL MANAGEMENT AND
LEADERSHIP
Sec. 401. Agency and Facility Environmental Management
Systems. To attain the goals of section 201 of this
order:
(a) Within 18 months of the date of this order,
each agency shall conduct an agency-level environmental
management system self assessment based
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on the Code of Environmental Management Principles for
Federal Agencies developed by the EPA (61 Fed. Reg.
54062) and/or another appropriate environmental
management system framework. Each assessment shall
include a review of agency environmental leadership
goals, objectives, and targets. Where appropriate, the
assessments may be conducted at the service, bureau, or
other comparable level.
(b) Within 24 months of the date of this order,
each agency shall implement environmental management
systems through pilot projects at selected agency
facilities based on the Code of Environmental
Management Principles for Federal Agencies and/or
another appropriate environmental management system
framework. By December 31, 2005, each agency shall
implement an environmental management system at all
appropriate agency facilities based on facility size,
complexity, and the environmental aspects of facility
operations. The facility environmental management
system shall include measurable environmental goals,
objectives, and targets that are reviewed and updated
annually. Once established, environmental management
system performance measures shall be incorporated in
agency facility audit protocols.
Sec. 402. Facility Compliance Audits. To attain the
goals of section 202 of this order:
(a) Within 12 months of the date of this order,
each agency that does not have an established
regulatory environmental compliance audit program shall
develop and implement a program to conduct facility
environmental compliance audits and begin auditing at
its facilities within 6 months of the development of
that program.
(b) An agency with an established regulatory
environmental compliance audit program may elect to
conduct environmental management system audits in lieu
of regulatory environmental compliance audits at
selected facilities.
(c) Facility environmental audits shall be
conducted periodically. Each agency is encouraged to
conduct audits not less than every 3 years from the
date of the initial or previous audit. The scope and
frequency of audits shall be based on facility size,
complexity, and the environmental aspects of facility
operations. As appropriate, each agency shall include
tenant, contractor, and concessioner activities in
facility audits.
(d) Each agency shall conduct internal reviews and
audits and shall take such other steps, as may be
necessary, to monitor its facilities' compliance with
sections 501 and 504 of this order.
(e) Each agency shall consider findings from the
assessments or audits conducted under Part 4 in program
planning under section 301 of this order and in the
preparation and revisions to facility plans prepared
under section 305 of this order.
(f) Upon request and to the extent practicable, the
EPA shall provide technical assistance in meeting the
requirements of Part 4 by conducting environmental
management reviews at Federal facilities and developing
policies and guidance for conducting environmental
compliance audits and implementing environmental
management systems at Federal facilities.
Sec. 403. Environmental Leadership and Agency Awards
Programs.
(a) Within 12 months of the date of this order, the
Administrator shall establish a Federal Government
environmental leadership program to promote and
recognize outstanding environmental management
performance in agencies and facilities.
(b) Each agency shall develop an internal agency-
wide awards program to reward and highlight innovative
programs and individuals showing outstanding
environmental leadership in implementing this order. In
addition, based upon criteria developed by the EPA in
coordination with the Workgroup established in section
306 of this order, Federal employees who demonstrate
outstanding leadership in implementation of this order
may be considered for recognition under the White House
awards program set forth in section 803 of Executive
Order 13101 of September 14, 1998.
Sec. 404. Management Leadership and Performance
Evaluations.
[[Page 24599]]
(a) To ensure awareness of and support for the
environmental requirements of this order, each agency
shall include training on the provisions of the
Greening the Government Executive orders in standard
senior level management training as well as training
for program managers, contracting personnel,
procurement and acquisition personnel, facility
managers, contractors, concessioners, and other
personnel as appropriate. In coordination with the
Workgroup established under section 306 of this order,
the EPA shall prepare guidance on implementation of
this section.
(b) To recognize and reinforce the responsibilities
of facility and senior headquarters program managers,
regional environmental coordinators and officers, their
superiors, and, to the extent practicable and
appropriate, others vital to the implementation of this
order, each agency shall include successful
implementation of pollution prevention, community
awareness, and environmental management into its
position descriptions and performance evaluations for
those positions.
Sec. 405. Compliance Assistance.
(a) Upon request and to the extent practicable, the
EPA shall provide technical advice and assistance to
agencies to foster full compliance with environmental
regulations and all aspects of this order.
(b) Within 12 months of the date of this order, the
EPA shall develop a compliance assistance center to
provide technical assistance for Federal facility
compliance with environmental regulations and all
aspects of this order.
(c) To enhance landscaping options and awareness,
the United States Department of Agriculture (USDA)
shall provide information on the suitability,
propagation, and the use of native plants for
landscaping to all agencies and the general public by
USDA in conjunction with the center under subsection
(b) of this section. In implementing Part 6 of this
order, agencies are encouraged to develop model
demonstration programs in coordination with the USDA.
Sec. 406. Compliance Assurance.
(a) In consultation with other agencies, the EPA
may conduct such reviews and inspections as may be
necessary to monitor compliance with sections 501 and
504 of this order. Each agency is encouraged to
cooperate fully with the efforts of the EPA to ensure
compliance with those sections.
(b) Whenever the Administrator notifies an agency
that it is not in compliance with section 501 or 504 of
this order, the agency shall provide the EPA a detailed
plan for achieving compliance as promptly as
practicable.
(c) The Administrator shall report annually to the
President and the public on agency compliance with the
provisions of sections 501 and 504 of this order.
Sec. 407. Improving Environmental Management. To ensure
that government-wide goals for pollution prevention are
advanced, each agency is encouraged to incorporate its
environmental leadership goals into its Strategic and
Annual Performance Plans required by the Government
Performance and Results Act of 1993, Public Law 103-62,
starting with performance plans accompanying the FY
2002 budget.
PART 5--EMERGENCY PLANNING, COMMUNITY RIGHT-TO-KNOW,
AND POLLUTION PREVENTION
Sec. 501. Toxics Release Inventory/Pollution Prevention
Act Reporting. To attain the goals of section 203 of
this order:
(a) Each agency shall comply with the provisions
set forth in section 313 of EPCRA, section 6607 of PPA,
all implementing regulations, and future amendments to
these authorities, in light of applicable EPA guidance.
(b) Each agency shall comply with these provisions
without regard to the Standard Industrial
Classification (SIC) or North American Industrial
Classification System (NAICS) delineations. Except as
described in subsection (d) of this section, all other
existing statutory or regulatory limitations or
[[Page 24600]]
exemptions on the application of EPCRA section 313 to
specific activities at specific agency facilities apply
to the reporting requirements set forth in subsection
(a) of this section.
(c) Each agency required to report under subsection
(a) of this section shall do so using electronic
reporting as provided in EPA's EPCRA section 313
guidance.
(d) Within 12 months of the date of this order, the
Administrator shall review the impact on reporting of
existing regulatory exemptions on the application of
EPCRA section 313 at Federal facilities. Where
feasible, this review shall include pilot studies at
Federal facilities. If the review indicates that
application of existing exemptions to Federal
Government reporting under this section precludes
public reporting of substantial amounts of toxic
chemicals under subsection 501(a), the EPA shall
prepare guidance, in coordination with the Workgroup
established under section 306 of this order, clarifying
application of the exemptions at Federal facilities. In
developing the guidance, the EPA should consider
similar application of such regulatory limitations and
exemptions by the private sector. To the extent
feasible, the guidance developed by the EPA shall be
consistent with the reasonable application of such
regulatory limitations and exemptions in the private
sector. The guidance shall ensure reporting consistent
with the goal of public access to information under
section 313 of EPCRA and section 6607 of PPA. The
guidance shall be submitted to the AEEs established
under section 301(d) of Executive Order 13101 for
review and endorsement. Each agency shall apply any
guidance to reporting at its facilities as soon as
practicable but no later than for reporting for the
next calendar year following release of the guidance.
(e) The EPA shall coordinate with other interested
Federal agencies to carry out pilot projects to collect
and disseminate information about the release and other
waste management of chemicals associated with the
environmental response and restoration at their
facilities and sites. The pilot projects will focus on
releases and other waste management of chemicals
associated with environmental response and restoration
at facilities and sites where the activities generating
wastes do not otherwise meet EPCRA section 313
thresholds for manufacture, process, or other use. Each
agency is encouraged to identify applicable facilities
and voluntarily report under subsection (a) of this
section the releases and other waste management of
toxic chemicals managed during environmental response
and restoration, regardless of whether the facility
otherwise would report under subsection (a). The
releases and other waste management of chemicals
associated with environmental response and restoration
voluntarily reported under this subsection will not be
included in the accounting established under sections
503(a) and (c) of this order.
Sec. 502. Release Reduction: Toxic Chemicals. To attain
the goals of section 204 of this order:
(a) Beginning with reporting for calendar year 2001
activities, each agency reporting under section 501 of
this order shall adopt a goal of reducing, where cost
effective, the agency's total releases of toxic
chemicals to the environment and off-site transfers of
such chemicals for treatment and disposal by at least
10 percent annually, or by 40 percent overall by
December 31, 2006. Beginning with activities for
calendar year 2001, the baseline for measuring progress
in meeting the reduction goal will be the aggregate of
all such releases and off-site transfers of such
chemicals for treatment and disposal as reported by all
of the agency's facilities under section 501 of this
order. The list of toxic chemicals applicable to this
goal is the EPCRA section 313 list as of December 1,
2000. If an agency achieves the 40 percent reduction
goal prior to December 31, 2006, that agency shall
establish a new baseline and reduction goal based on
agency priorities.
(b) Where an agency is unable to pursue the
reduction goal established in subsection (a) for
certain chemicals that are mission critical and/or
needed to protect human health and the environment or
where agency off-site transfer
[[Page 24601]]
of toxic chemicals for treatment is directly associated
with environmental restoration activities, that agency
may request a waiver from the EPA for all or part of
the requirement in subsection (a) of this section. As
appropriate, waiver requests must provide: (1) an
explanation of the mission critical use of the
chemical; (2) an explanation of the nature of the need
for the chemical to protect human health; (3) a
description of efforts to identify a less harmful
substitute chemical or alternative processes to reduce
the release and transfer of the chemical in question;
and (4) a description of the off-site transfers of
toxic chemicals for treatment directly associated with
environmental restoration activities. The EPA shall
respond to the waiver request within 90 days and may
grant such a waiver for no longer than 2 years. An
agency may resubmit a request for waiver at the end of
that period. The waiver under this section shall not
alter requirements to report under section 501 of this
order.
(c) Where a specific component (e.g., bureau,
service, or command) within an agency achieves a 75
percent reduction in its 1999 reporting year publicly
reported total releases of toxic chemicals to the
environment and off-site transfers of such chemicals
for treatment and disposal, based on the 1994 baseline
established in Executive Order 12856, that agency may
independently elect to establish a reduction goal for
that component lower than the 40 percent target
established in subsection (a) of this section. The
agency shall formally notify the Workgroup established
in section 306 of this order of the elected reduction
target.
Sec. 503. Use Reduction: Toxic Chemicals, Hazardous
Substances, and Other Pollutants. To attain the goals
of section 205 of this order:
(a) Within 18 months of the date of this order,
each agency with facilities shall develop and support
goals to reduce the use at such agencies' facilities of
the priority chemicals on the list under subsection (b)
of this section for identified applications and
purposes, or alternative chemicals and pollutants the
agency identifies under subsection (c) of this section,
by at least 50 percent by December 31, 2006.
(b) Within 9 months of the date of this order the
Administrator, in coordination with the Workgroup
established in section 306 of this order, shall develop
a list of not less than 15 priority chemicals used by
the Federal Government that may result in significant
harm to human health or the environment and that have
known, readily available, less harmful substitutes for
identified applications and purposes. In addition to
identifying the applications and purposes to which such
reductions apply, the Administrator, in coordination
with the Workgroup shall identify a usage threshold
below which this section shall not apply. The chemicals
will be selected from listed EPCRA section 313 toxic
chemicals and, where appropriate, other regulated
hazardous substances or pollutants. In developing the
list, the Administrator, in coordination with the
Workgroup shall consider: (1) environmental factors
including toxicity, persistence, and bio-accumulation;
(2) availability of known, less environmentally harmful
substitute chemicals that can be used in place of the
priority chemical for identified applications and
purposes; (3) availability of known, less
environmentally harmful processes that can be used in
place of the priority chemical for identified
applications and purposes; (4) relative costs of
alternative chemicals or processes; and (5) potential
risk and environmental and human exposure based upon
applications and uses of the chemicals by Federal
agencies and facilities. In identifying alternatives,
the Administrator should take into consideration the
guidance issued under section 503 of Executive Order
13101.
(c) If an agency, which has facilities required to
report under EPCRA, uses at its facilities less than
five of the priority chemicals on the list developed in
subsection (b) of this section for the identified
applications and purposes, the agency shall develop,
within 12 months of the date of this order, a list of
not less than five chemicals that may include priority
chemicals under subsection (b) of this section or other
toxic chemicals, hazardous substances, and/or other
pollutants the agency uses or generates,
[[Page 24602]]
the release, transfer or waste management of which may
result in significant harm to human health or the
environment.
(d) In lieu of requirements under subsection (a) of
this section, an agency may, upon concurrence with the
Workgroup established under section 306 of this order,
develop within 12 months of the date of this order, a
list of not less than five priority hazardous or
radioactive waste types generated by its facilities.
Within 18 months of the date of this order, the agency
shall develop and support goals to reduce the agency's
generation of these wastes by at least 50 percent by
December 31, 2006. To the maximum extent possible, such
reductions shall be achieved by implementing source
reduction practices.
(e) The baseline for measuring reductions for
purposes of achieving the 50 percent reduction goal in
subsections (a) and (d) of this section for each agency
is the first calendar year following the development of
the list of priority chemicals under subsection (b) of
this section.
(f) Each agency shall undertake pilot projects at
selected facilities to gather and make publicly
available materials accounting data related to the
toxic chemicals, hazardous substances, and/or other
pollutants identified under subsections (b), (c), or
(d) of this section.
(g) Within 12 months of the date of this order, the
Administrator shall develop guidance on implementing
this section in coordination with the Workgroup. The
EPA shall develop technical assistance materials to
assist agencies in meeting the 50 percent reduction
goal of this section.
(h) Where an agency can demonstrate to the
Workgroup that it has previously reduced the use of a
priority chemical identified in subsection 503(b) by 50
percent, then the agency may elect to waive the 50
percent reduction goal for that chemical.
Sec. 504. Emergency Planning and Reporting
Responsibilities. Each agency shall comply with the
provisions set forth in sections 301 through 312 of the
EPCRA, all implementing regulations, and any future
amendments to these authorities, in light of any
applicable guidance as provided by the EPA.
Sec. 505. Reductions in Ozone-Depleting Substances. To
attain the goals of section 206 of this order:
(a) Each agency shall ensure that its facilities:
(1) maximize the use of safe alternatives to ozone-
depleting substances, as approved by the EPA's
Significant New Alternatives Policy (SNAP) program; (2)
consistent with subsection (b) of this section,
evaluate the present and future uses of ozone-depleting
substances, including making assessments of existing
and future needs for such materials, and evaluate use
of, and plans for recycling, refrigerants, and halons;
and (3) exercise leadership, develop exemplary
practices, and disseminate information on successful
efforts in phasing out ozone-depleting substances.
(b) Within 12 months of the date of this order,
each agency shall develop a plan to phase out the
procurement of Class I ozone-depleting substances for
all nonexcepted uses by December 31, 2010. Plans should
target cost effective reduction of environmental risk
by phasing out Class I ozone depleting substance
applications as the equipment using those substances
reaches its expected service life. Exceptions to this
requirement include all exceptions found in current or
future applicable law, treaty, regulation, or Executive
order.
(c) Each agency shall amend its personal property
management policies and procedures to preclude disposal
of ozone depleting substances removed or reclaimed from
its facilities or equipment, including disposal as part
of a contract, trade, or donation, without prior
coordination with the Department of Defense (DoD).
Where the recovered ozone-depleting substance is a
critical requirement for DoD missions, the agency shall
transfer the materials to the DoD. The DoD will bear
the costs of such transfer.
[[Page 24603]]
PART 6--LANDSCAPING MANAGEMENT PRACTICES
Sec. 601. Implementation.
(a) Within 12 months from the date of this order,
each agency shall incorporate the Guidance for
Presidential Memorandum on Environmentally and
Economically Beneficial Landscape Practices on Federal
Landscaped Grounds (60 Fed. Reg. 40837) developed by
the FEE into landscaping programs, policies, and
practices.
(b) Within 12 months of the date of this order, the
FEE shall form a workgroup of appropriate Federal
agency representatives to review and update the
guidance in subsection (a) of this section, as
appropriate.
(c) Each agency providing funding for nonfederal
projects involving landscaping projects shall furnish
funding recipients with information on environmentally
and economically beneficial landscaping practices and
work with the recipients to support and encourage
application of such practices on Federally funded
projects.
Sec. 602. Technical Assistance and Outreach. The EPA,
the General Services Administration (GSA), and the USDA
shall provide technical assistance in accordance with
their respective authorities on environmentally and
economically beneficial landscaping practices to
agencies and their facilities.
PART 7--ACQUISITION AND PROCUREMENT
Sec. 701. Limiting Procurement of Toxic Chemicals,
Hazardous Substances, and Other Pollutants.
(a) Within 12 months of the date of this order,
each agency shall implement training programs to ensure
that agency procurement officials and acquisition
program managers are aware of the requirements of this
order and its applicability to those individuals.
(b) Within 24 months of the date of this order,
each agency shall determine the feasibility of
implementing centralized procurement and distribution
(e.g., ``pharmacy'') programs at its facilities for
tracking, distribution, and management of toxic or
hazardous materials and, where appropriate, implement
such programs.
(c) Under established schedules for review of
standardized documents, DoD and GSA, and other
agencies, as appropriate, shall review their
standardized documents and identify opportunities to
eliminate or reduce their use of chemicals included on
the list of priority chemicals developed by the EPA
under subsection 503(b) of this order, and make
revisions as appropriate.
(d) Each agency shall follow the policies and
procedures for toxic chemical release reporting in
accordance with FAR section 23.9 effective as of the
date of this order and policies and procedures on
Federal compliance with right-to-know laws and
pollution prevention requirements in accordance with
FAR section 23.10 effective as of the date of this
order.
Sec. 702. Environmentally Benign Adhesives. Within 12
months after environmentally benign pressure sensitive
adhesives for paper products become commercially
available, each agency shall revise its specifications
for paper products using adhesives and direct the
purchase of paper products using those adhesives,
whenever technically practicable and cost effective.
Each agency should consider products using the
environmentally benign pressure sensitive adhesives
approved by the U.S. Postal Service (USPS) and listed
on the USPS Qualified Products List for pressure
sensitive recyclable adhesives.
Sec. 703. Ozone-Depleting Substances. Each agency shall
follow the policies and procedures for the acquisition
of items that contain, use, or are manufactured with
ozone-depleting substances in accordance with FAR
section 23.8 and other applicable FAR provisions.
[[Page 24604]]
Sec. 704. Environmentally and Economically Beneficial
Landscaping Practices.
(a) Within 18 months of the date of this order,
each agency shall have in place acquisition and
procurement practices, including provision of
landscaping services that conform to the guidance
referred to in section 601 of this order, for the use
of environmentally and economically beneficial
landscaping practices. At a minimum, such practices
shall be consistent with the policies in the guidance
referred to in section 601 of this order.
(b) In implementing landscaping policies, each
agency shall purchase environmentally preferable and
recycled content products, including EPA-designated
items such as compost and mulch, that contribute to
environmentally and economically beneficial practices.
PART 8--EXEMPTIONS
Sec. 801. National Security Exemptions. Subject to
subsection 902(c) of this order and except as otherwise
required by applicable law, in the interest of national
security, the head of any agency may request from the
President an exemption from complying with the
provisions of any or all provisions of this order for
particular agency facilities, provided that the
procedures set forth in section 120(j)(1) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended (42 U.S.C.
9620(j)(1)), are followed, with the following
exceptions: (a) an exemption issued under this section
will be for a specified period of time that may exceed
1 year; (b) notice of any exemption granted under this
section for provisions not otherwise required by law is
only required to the Director of OMB, the Chair of the
CEQ, and the Director of the National Security Council;
and (c) an exemption under this section may be issued
due to lack of appropriations, provided that the head
of the agency requesting the exemption shows that
necessary funds were requested by the agency in its
budget submission and agency plan under Executive Order
12088 of October 13, 1978, and were not contained in
the President's budget request or the Congress failed
to make available the requested appropriation. To the
maximum extent practicable, and without compromising
national security, each agency shall strive to comply
with the purposes, goals, and implementation steps in
this order. Nothing in this order affects limitations
on the dissemination of classified information pursuant
to law, regulation, or Executive order.
Sec. 802. Compliance. After January 1, 2002, OMB, in
consultation with the Chair of the Workgroup
established by section 306 of this order, may modify
the compliance requirements for an agency under this
order, if the agency is unable to comply with the
requirements of the order. An agency requesting
modification must show that it has made substantial
good faith efforts to comply with the order. The cost-
effectiveness of implementation of the order can be a
factor in OMB's decision to modify the requirements for
that agency's compliance with the order.
PART 9--GENERAL PROVISIONS
Sec. 901. Revocation. Executive Order 12843 of April
21, 1993, Executive Order 12856 of August 3, 1993, the
Executive Memorandum on Environmentally Beneficial
Landscaping of April 26, 1994, Executive Order 12969 of
August 8, 1995, and section 1-4. ``Pollution Control
Plan'' of Executive Order 12088 of October 13, 1978,
are revoked.
Sec. 902. Limitations.
(a) This order is intended only to improve the
internal management of the executive branch and is not
intended to create any right, benefit, or trust
responsibility, substantive or procedural, enforceable
at law by a party against the United States, its
agencies, its officers, or any other person.
(b) This order applies to Federal facilities in any
State of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, Guam, American Samoa,
the United States Virgin Islands, the Northern Mariana
Islands, and any other territory or possession over
which the United States has jurisdiction. Each agency
with facilities outside of these areas, however,
[[Page 24605]]
is encouraged to make best efforts to comply with the
goals of this order for those facilities.
(c) Nothing in this order alters the obligations
under EPCRA, PPA, and CAA independent of this order for
Government-owned, contractor-operated facilities and
Government corporations owning or operating facilities
or subjects such facilities to EPCRA , PPA, or CAA if
they are otherwise excluded. However, each agency shall
include the releases and other waste management of
chemicals for all such facilities to meet the agency's
reporting responsibilities under section 501 of this
order.
(d) Nothing in this order shall be construed to
make the provisions of CAA sections 304 and EPCRA
sections 325 and 326 applicable to any agency or
facility, except to the extent that an agency or
facility would independently be subject to such
provisions.
Sec. 903. Community Outreach. Each agency is encouraged
to establish a process for local community advice and
outreach for its facilities relevant to aspects of this
and other related Greening the Government Executive
orders. All strategies and plans developed under this
order shall be made available to the public upon
request.
PART 10--DEFINITIONS
For purposes of this order:
Sec. 1001. General. Terms that are not defined in this
part but that are defined in Executive Orders 13101 and
13123 have the meaning given in those Executive orders.
For the purposes of Part 5 of this order all
definitions in EPCRA and PPA and implementing
regulations at 40 CFR Parts 370 and 372 apply.
Sec. 1002. ``Administrator'' means the Administrator of
the EPA.
Sec. 1003. ``Environmental cost accounting'' means the
modification of cost attribution systems and financial
analysis practices specifically to directly track
environmental costs that are traditionally hidden in
overhead accounts to the responsible products,
processes, facilities or activities.
Sec. 1004. ``Facility'' means any building,
installation, structure, land, and other property owned
or operated by, or constructed or manufactured and
leased to, the Federal Government, where the Federal
Government is formally accountable for compliance under
environmental regulation (e.g., permits, reports/
records and/or planning requirements) with requirements
pertaining to discharge, emission, release, spill, or
management of any waste, contaminant, hazardous
chemical, or pollutant. This term includes a group of
facilities at a single location managed as an
integrated operation, as well as government owned
contractor operated facilities.
Sec. 1005. ``Environmentally benign pressure sensitive
adhesives'' means adhesives for stamps, labels, and
other paper products that can be easily treated and
removed during the paper recycling process.
Sec. 1006. ``Ozone-depleting substance'' means any
substance designated as a Class I or Class II substance
by EPA in 40 CFR Part 82.
Sec. 1007. ``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.
Sec. 1008. ``Greening the Government Executive orders''
means this order and the series of orders on greening
the government including Executive Order 13101 of
September 14, 1998, Executive Order 13123 of June 3,
1999, Executive Order 13134 of August 12, 1999, and
other future orders as appropriate.
[[Page 24606]]
Sec. 1009. ``Environmental aspects'' means the elements
of an organization's activities, products, or services
that can interact with the environment.
(Presidential Sig.)
THE WHITE HOUSE,
April 21, 2000.
[FR Doc. 00-10550
Filed 4-25-00; 8:45 am]
Billing code 3195-01-P