[Federal Register Volume 62, Number 51 (Monday, March 17, 1997)]
[Rules and Regulations]
[Pages 12696-12697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6314]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 23 and 52

[FAC 90-46; FAR Case 92-054B; Item V]
RIN 9000-AH39


Federal Acquisition Regulation; Federal Compliance With Right-To-
Know Laws and Pollution Prevention Requirements

AGENCIES: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Interim rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council have agreed on an interim rule amending 
the Federal Acquisition Regulation (FAR) to implement Executive Order 
12856 of August 3, 1993, ``Federal Compliance with Right-To-Know Laws 
and Pollution Prevention Requirements.'' This Executive order requires 
that Federal facilities comply with the planning and reporting 
requirements of the Pollution Prevention Act of 1990 (42 U.S.C. 13101-
13109), and the Emergency Planning and Community Right-to-Know Act of 
1986 (42 U.S.C. 11001-11050). This regulatory action was not subject to 
Office of Management and Budget review under Executive Order 12866, 
dated September 30, 1993, and is not a major rule under 5 U.S.C. 804.

DATES: Effective Date: March 17, 1997.
    Comment Date: Comments should be submitted to the FAR Secretariat 
at the address shown below on or before May 16, 1997.to be considered 
in the formulation of a final rule.

ADDRESSES: Interested parties should submit written comments to: 
General Services Administration, FAR Secretariat (MVR), 18th & F 
Streets, NW., Room 4035, Attn: Ms. Beverly Fayson, Washington, DC 
20405.
    E-Mail comments submitted over the Internet should be addressed to:

92-054B@www.ARNET.gov

    Please cite FAC 90-46, FAR case 92-054B in all correspondence 
related to this case.

FOR FURTHER INFORMATION CONTACT: Mr. Paul Linfield at (202) 501-1757 in 
reference to this FAR case. For general information, contact the FAR 
Secretariat, Room 4035, GS Building, Washington, DC 20405 (202) 501-
4755. Please cite FAC 90-46, FAR case 92-054B.

SUPPLEMENTARY INFORMATION:

A. Background

    This interim rule implements Executive Order 12856 of August 3, 
1993, ``Federal Compliance with Right-To-Know Laws and Pollution 
Prevention Requirements.'' The Executive Order requires that Federal 
facilities comply with the planning and reporting requirements of the 
Pollution Prevention Act of 1990 (PPA) and the Emergency Planning and 
Community Right-to-Know Act of 1986 (EPCRA).
    The amendments at FAR Parts 23 and 52 require that contracts to be 
performed on a Federal facility provide for the contractor to supply to 
the Federal agency all information the Federal agency deems necessary 
to comply with the reporting requirements of the PPA and EPCRA.

B. Regulatory Flexibility Act

    This interim rule may have a significant economic impact on a 
substantial number of small entities within the meaning of the 
Regulatory Flexibility Act, 5 U.S.C. 601 et seq., because this rule 
will apply to any contractor that uses certain hazardous or

[[Page 12697]]

toxic substances in the performance of a contract at a Federal 
facility. It is estimated that approximately 50 percent of these 
contracts are performed by small entities. An Initial Regulatory 
Flexibility Analysis (IRFA) has been prepared and will be provided to 
the Chief Counsel for Advocacy of the Small Business Administration. A 
copy of the IRFA may be obtained from the FAR Secretariat. Comments are 
invited. Comments from small entities concerning the affected FAR 
subparts also will be considered in accordance with 5 U.S.C. 610. Such 
comments must be submitted separately and cite 5 U.S.C 601, et seq. 
(FAC 90-46, FAR case 92-054B), in correspondence. The IRFA is 
summarized as follows:

    This interim rule implements the requirements of Executive Order 
12856 of August 3, 1993, ``Federal Compliance with Right-To-Know 
Laws and Pollution Prevention Requirements.'' The Executive order 
requires that Federal facilities comply with the planning and 
reporting requirements of the Pollution Prevention Act of 1990 (PPA) 
and the Emergency Planning and Community Right-to-Know Act of 1986 
(EPCRA). The Executive order also requires that contracts to be 
performed on a Federal facility provide for the contractor to supply 
to the Federal agency all information the Federal agency deems 
necessary to comply with these reporting requirements. The objective 
of this rule is to enable Federal facilities to comply with the 
planning and reporting requirements of PPA and EPCRA by requiring 
contractors who perform contracts on such facilities to provide 
information on their use of certain substances in the performance of 
the contracts.
    This interim rule will apply to all contractors that use certain 
hazardous or toxic substances in the performance of contracts on a 
Federal facility. We estimate that there are approximately 7,250 
small business contractors to which the rule will apply. Such 
contractors must provide any information necessary to enable the 
Federal facility to fulfill its reporting requirements under EPCRA, 
PPA, and Executive order 12856. The information collection would be 
prepared by contractor employees using records that the contractor 
is required to maintain under existing law and regulation. No 
special professional skills are needed for preparation of the 
required information.

C. Paperwork Reduction Act

    The Paperwork Reduction Act is deemed to apply because the final 
rule contains information collection requirements. Accordingly, a 
request for approval of a new information collection requirement has 
been submitted to the Office of Management and Budget under 44 U.S.C. 
3501, et seq. Public comments concerning this request were invited 
through a Federal Register notice published on January 13, 1997.

D. Determination To Issue an Interim Rule

    A determination has been made under the authority of the Secretary 
of Defense (DOD), the Administrator of General Services (GSA), and the 
Administrator of the National Aeronautics and Space Administration 
(NASA) that urgent and compelling reasons exist to promulgate this 
interim rule without prior opportunity for public comment. This action 
is necessary because Executive Order 12856, Federal Compliance with 
Right-to-Know Laws and Pollution Prevention Requirements, required 
implementation and incorporation of its policies into the FAR by August 
3, 1995. However, pursuant to Public Law 98-577 and FAR 1.501, public 
comments received in response to this interim rule will be considered 
in the formation of the final rule.

List of Subjects in 48 CFR Parts 23 and 52

    Government procurement.

    Dated: March 7, 1997.
Edward C. Loeb
Director, Federal Acquisition Policy Division.

    Therefore, 48 CFR Parts 23 and 52 are amended as set forth below:
    1. The authority citation for 48 CFR Parts 23 and 52 continues to 
read as follows:

    Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

PART 23--ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG-
FREE WORKPLACE

    2. Subpart 23.10, consisting of sections 23.1001 through 23.1005, 
is added to read as follows:

Subpart 23.10--Federal Compliance With Right-To-Know Laws and 
Pollution Prevention Requirements

Sec.
23.1001  Purpose.
23.1002  Applicability.
23.1003  Definition.
23.1004  Requirements.
23.1005  Contract clause.


23.1001  Purpose.

    This subpart implements requirements of Executive Order (E.O.) 
12856 of August 3, 1993, Federal Compliance with Right-To-Know Laws and 
Pollution Prevention Requirements.


23.1002  Applicability.

    The requirements of this subpart apply to facilities owned or 
operated by a Federal agency except those facilities located outside 
the several states of the United States, the District of Columbia, and 
the Commonwealth of Puerto Rico.


23.1003  Definition.

    Federal agency, as used in this subpart, means an executive agency 
(see 2.101).


23.1004  Requirements.

    (a) E.O. 12856 requires Federal facilities to comply with the 
provisions of the Emergency Planning and Community Right-to-Know Act of 
1986 (EPCRA)(42 U.S.C. 11001-11050) and the Pollution Prevention Act of 
1990 (PPA)(42 U.S.C. 13101-13109).
    (b) Pursuant to Section 1-104 of E.O. 12856, and any agency 
implementing procedures, every new contract that provides for 
performance on a Federal facility shall require the contractor to 
provide information necessary for the Federal agency to comply with the 
emergency planning and toxic release reporting requirements of EPCRA 
and PPA.


23.1005  Contract clause.

    The contracting officer shall insert the clause at 52.223-5, 
Pollution Prevention and Right-to-Know Information, in all 
solicitations and contracts that provide for performance, in whole or 
in part, on a Federal facility.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    3. Section 52.223-5 is added to read as follows:


52.223-5  Pollution Prevention and Right-to-Know Information.

    As prescribed in 23.1005, insert the following clause:

Pollution Prevention and Right-to-Know Information (March 1997)

    (a) Executive Order 12856 of August 3, 1993, requires Federal 
facilities to comply with the provisions of the Emergency Planning 
and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11001-
11050) and the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 
13101-13109).
    (b) The Contractor shall provide all information needed by the 
Federal facility to comply with the emergency planning reporting 
requirements of Section 302 of EPCRA, the emergency notice 
requirements of Section 304 of EPCRA, the list of Material Data 
Safety Sheets required by Section 311 of EPCRA, the emergency and 
hazardous chemical inventory forms of Section 312 of EPCRA, and the 
toxic chemical release inventory of Section 313 of EPCRA, which 
includes the reduction and recycling information required by Section 
6607 of PPA.

(End of clause)

[FR Doc. 97-6314 Filed 3-14-97; 8:45 am]
BILLING CODE 6820-EP-P