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THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release April 22, 2000
EXECUTIVE ORDER 13148
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 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
regulatoryrequirements. 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 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 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 environ-mental 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.
(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 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 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, 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 tech-nical 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.
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 pro-vide 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.
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, 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.
Sec. 1009. "environmental aspects" means the elements of an
organization's activities, products, or services that can interact with
the environment.
WILLIAM J. CLINTON
THE WHITE HOUSE,
April 21, 2000.
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