    [Weekly Compilation of Presidential Documents Volume 29, Number 31 (Monday, August 9, 1993)]
    [Pages 1556-1561]
    [Online from the Government Publishing Office, www.gpo.gov]

    <R04>
    Executive Order 12856--Federal Compliance With Right-To-Know Laws and
    Pollution Prevention Requirements

     August 3, 1993

        Whereas, the Emergency Planning and Community Right-to-Know Act of
    1986 (42 U.S.C. 11001-11050) (EPCRA) established programs to provide the
    public with important information on the hazardous and toxic chemicals
    in their communities, and established emergency planning and
    notification requirements to protect the public in the event of a
    release of extremely hazardous substances;
        Whereas, the Federal Government should be a good neighbor to local
    communities by becoming a leader in providing information to the public
    concerning toxic and hazardous chemicals and extremely hazardous
    substances at Federal facilities, and in planning for and preventing
    harm to the public through the planned or unplanned releases of
    chemicals;
        Whereas, the Pollution Prevention Act of 1990 (42 U.S.C. 13101-
    13109) (PPA) established that it is the national policy of the United
    States that, whenever feasible, pollution should be prevented or reduced
    at the source; that pollution that cannot be prevented should be
    recycled in an environmentally safe manner; that pollution that cannot
    be prevented or recycled should be treated in an environmentally safe
    manner; and that disposal or other release into the environment should
    be employed only as a last resort and should be conducted in an
    environmentally safe manner;
        Whereas, the PPA required the Administrator of the Environmental
    Protection Agency (EPA) to promote source reduction practices in other
    agencies;
        Whereas, the Federal Government should become a leader in the field
    of pollution prevention through the management of its facilities, its
    acquisition practices, and in supporting the development of innovative
    pollution prevention programs and technologies;
        Whereas, the environmental, energy, and economic benefits of energy
    and water use reductions are very significant; the scope of innovative
    pollution prevention programs must be broad to adequately address the
    highest-risk environmental problems and to take full advantage of
    technological opportunities in sectors other than industrial
    manufacturing; the Energy Policy Act of 1992 (Public Law 102-486 of
    October 24, 1992) requires the Secretary of Energy to work with other
    Federal agencies to significantly reduce the use of energy and reduce
    the related environmental impacts by promoting use of energy efficiency
    and renewable energy technologies; and
        Whereas, as the largest single consumer in the Nation, the Federal
    Government has the opportunity to realize significant economic as well
    as environmental benefits of pollution prevention;
        And In Order To:
        Ensure that all Federal agencies conduct their facility management
    and acquisition activities so that, to the maximum extent practicable,
    the quantity of toxic chemicals entering any wastestream, including any
    releases to the environment; is reduced as expeditiously as possible
    through source reduction; that waste that is generated is recycled to
    the maximum extent practicable; and that any wastes remaining are
    stored, treated or disposed of in a manner protective of public health
    and the environment;
        Require Federal agencies to report in a public manner toxic
    chemicals entering any wastestream from their facilities, including any
    releases to the environment, and to improve local emergency planning,
    response, and accident notification; and
        Help encourage markets for clean technologies and safe alternatives
    to extremely hazardous substances or toxic chemicals through revisions
    to specifications and standards, the acquisition and procurement
    process, and the testing of innovative pollution prevention technologies
    at Federal facilities or in acquisitions;
        Now Therefore, by the authority vested in me as President by the
    Constitution and the laws of the United States of America, including the
    EPCRA, the PPA, and section 301 of title 5, United States Code, it is
    hereby ordered as follows:
        Section 1. Applicability.

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        1-101. As delineated below, the head of each Federal agency is
    responsible for ensuring that all necessary actions are taken for the
    prevention of pollution with respect to that agency's activities and
    facilities, and for ensuring that agency's compliance with pollution
    prevention and emergency planning and community right-to-know provisions
    established pursuant to all implementing regulations issued pursuant to
    EPCRA and PPA.
        1-102. Except as otherwise noted, this order is applicable to all
    Federal agencies that either own or operate a ``facility'' as that term
    is defined in section 329(4) of EPCRA, if such facility meets the
    threshold requirements set forth in EPCRA for compliance as modified by
    section 3-304(b) of this order (``covered facilities''). Except as
    provided in section 1-103 and section 1-104 below, each Federal agency
    must apply all of the provisions of this order to each of its covered
    facilities, including those facilities which are subject, independent of
    this order, to the provisions of EPCRA and PPA (e.g., certain
    Government-owned/contractor-operated facilities (GOCO's), for chemicals
    meeting EPCRA thresholds). This order does not apply to Federal agency
    facilities outside the customs territory of the United States, such as
    United States diplomatic and consular missions abroad.
        1-103. Nothing in this order alters the obligations which GOCO's and
    Government corporation facilities have under EPCRA and PPA independent
    of this order or subjects such facilities to EPCRA or PPA if they are
    otherwise excluded. However, consistent with section 1-104 below, each
    Federal agency shall include the releases and transfers from all such
    facilities when meeting all of the Federal agency's responsibilities
    under this order.
        1-104. To facilitate compliance with this order, each Federal agency
    shall provide, in all future contracts between the agency and its
    relevant contractors, for the contractor to supply to the Federal agency
    all information the Federal agency deems necessary for it to comply with
    this order. In addition, to the extent that compliance with this order
    is made more difficult due to lack of information from existing
    contractors, Federal agencies shall take practical steps to obtain the
    information needed to comply with this order from such contractors.
        Sec. 2-2. Definitions.
        2-201. All definitions found in EPCRA and PPA and implementing
    regulations are incorporated in this order by reference, with the
    following exception: for the purposes of this order, the term
    ``person'', as defined in section 329(7) of EPCRA, also includes Federal
    agencies.
        2-202. Federal agency means an Executive agency, as defined in 5
    U.S.C. 105. For the purpose of this order, military departments, as
    defined in 5 U.S.C. 102, are covered under the auspices of the
    Department of Defense.
        2-203. 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.
        2-204. GOCO means a Government-owned/contractor-operated facility
    which is owned by the Federal Government but all or portions of which
    are operated by private contractors.
        2-205. Administrator means the Administrator of the EPA.
        2-206. Toxic Chemical means a substance on the list described in
    section 313(c) of EPCRA.
        2-207. Toxic Pollutants. For the purposes of section 3-302(a) of
    this order, the term ``toxic pollutants'' shall include, but is not
    necessarily limited to, those chemicals at a Federal facility subject to
    the provisions of section 313 of EPCRA as of December 1, 1993. Federal
    agencies also may choose to include releases and transfers of other
    chemicals, such as ``extremely hazardous chemicals'' as defined in
    section 329(3) of EPCRA, hazardous wastes as defined under the Resource
    Conservation and Recovery Act of 1976 (42 U.S.C. 6901-6986) (RCRA), or
    hazardous air pollutants under the Clean Air Act Amendments (42 U.S.C.
    7403-7626); however, for the purposes of establishing the agency's
    baseline under 3-302(c), such ``other chemicals'' are in addition to
    (not instead of) the section 313 chemicals. The term ``toxic
    pollutants'' does not include hazardous

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    waste subject to remedial action generated prior to the date of this
    order.
        Sec. 3-3. Implementation.
        3-301. Federal Agency Strategy. Within 12 months of the date of this
    order, the head of each Federal agency must develop a written pollution
    prevention strategy to achieve the requirements specified in sections 3-
    302 through 3-305 of this order for that agency. A copy thereof shall be
    provided to the Administrator. Federal agencies are encouraged to
    involve the public in developing the required strategies under this
    order and in monitoring their subsequent progress in meeting the
    requirements of this order. The strategy shall include, but shall not be
    limited to, the following elements: (a) A pollution prevention policy
    statement, developed by each Federal agency, designating principal
    responsibilities for development, implementation, and evaluation of the
    strategy. The statement shall reflect the Federal agency's commitment to
    incorporate pollution prevention through source reduction in facility
    management and acquisition, and it shall identify an individual
    responsible for coordinating the Federal agency's efforts in this area.
        (b) A commitment to utilize pollution prevention through source
    reduction, where practicable, as the primary means of achieving and
    maintaining compliance with all applicable Federal, State, and local
    environmental requirements.
        3-302. Toxic Chemical Reduction Goals. (a) The head of each Federal
    agency subject to this order shall ensure that the agency develops
    voluntary goals to reduce the agency's total releases of toxic chemicals
    to the environment and off-site transfers of such toxic chemicals for
    treatment and disposal from facilities covered by this order by 50
    percent by December 31, 1999. To the maximum extent practicable, such
    reductions shall be achieved by implementation of source reduction
    practices.
        (b) The baseline for measuring reductions for purposes of achieving
    the 50 percent reduction goal for each Federal agency shall be the first
    year in which releases of toxic chemicals to the environment and off-
    site transfers of such chemicals for treatment and disposal are publicly
    reported. The baseline amount as to which the 50 percent reduction goal
    applies shall be the aggregate amount of toxic chemicals reported in the
    baseline year for all of that Federal agency's facilities meeting the
    threshold applicability requirements set forth in section 1-102 of this
    order. In no event shall the baseline be later than the 1994 reporting
    year.
        (c) Alternatively, a Federal agency may choose to achieve a 50
    percent reduction goal for toxic pollutants. In such event, the Federal
    agency shall delineate the scope of its reduction program in the written
    pollution prevention strategy that is required by section 3-301 of this
    order. The baseline for measuring reductions for purposes of achieving
    the 50 percent reduction requirement for each Federal agency shall be
    the first year in which releases of toxic pollutants to the environment
    and off-site transfers of such chemicals for treatment and disposal are
    publicly reported for each of that Federal agency's facilities
    encompassed by section 3-301. In no event shall the baseline year be
    later than the 1994 reporting year. The baseline amount as to which the
    50 percent reduction goal applies shall be the aggregate amount of toxic
    pollutants reported by the agency in the baseline year. For any toxic
    pollutants included by the agency in determining its baseline under this
    section, in addition to toxic chemicals under EPCRA, the agency shall
    report on such toxic pollutants annually under the provisions of section
    3-304 of this order, if practicable, or through an agency report that is
    made available to the public.
        (d) The head of each Federal agency shall ensure that each of its
    covered facilities develops a written pollution prevention plan no later
    than the end of 1995, which sets forth the facility's contribution to
    the goal established in section 3-302(a) of this order. Federal agencies
    shall conduct assessments of their facilities as necessary to ensure
    development of such plans and of the facilities' pollution prevention
    programs.
        3-303. Acquisition and Procurement Goals. (a) Each Federal agency
    shall establish a plan and goals for eliminating or reducing the
    unnecessary acquisition by that agency of products containing extremely
    hazardous substances or toxic chemicals. Similarly,

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    each Federal agency shall establish a plan and goal for voluntarily
    reducing its own manufacturing, processing, and use of extremely
    hazardous substances and toxic chemicals. Priorities shall be developed
    by Federal agencies, in coordination with EPA, for implementing this
    section.
        (b) Within 24 months of the date of this order, the Department of
    Defense (DOD) and the General Services Administration (GSA), and other
    agencies, as appropriate, shall review their agency's standardized
    documents, including specifications and standards, and identify
    opportunities to eliminate or reduce the use by their agency of
    extremely hazardous substances and toxic chemicals, consistent with the
    safety and reliability requirements of their agency mission. The EPA
    shall assist agencies in meeting the requirements of this section,
    including identifying substitutes and setting priorities for these
    reviews. By 1999, DOD, GSA and other affected agencies shall make all
    appropriate revisions to these specifications and standards.
        (c) Any revisions to the Federal Acquisition Regulation (FAR)
    necessary to implement this order shall be made within 24 months of the
    date of this order.
        (d) Federal agencies are encouraged to develop and test innovative
    pollution prevention technologies at their facilities in order to
    encourage the development of strong markets for such technologies.
    Partnerships should be encouraged between industry, Federal agencies,
    Government laboratories, academia, and others to assess and deploy
    innovative environmental technologies for domestic use and for markets
    abroad.
        3-304. Toxics Release Inventory/Pollution Prevention Act Reporting.
    (a) The head of each Federal agency shall comply with the provisions set
    forth in section 313 of EPCRA, section 6607 of PPA, all implementing
    regulations, and future amendments to these authorities, in light of
    applicable guidance as provided by EPA.
        (b) The head of each Federal agency shall comply with these
    provisions without regard to the Standard Industrial Classification
    (SIC) delineations that apply to the Federal agency's facilities, and
    such reports shall be for all releases, transfers, and wastes at such
    Federal agency's facility without regard to the SIC code of the activity
    leading to the release, transfer, or waste. All other existing statutory
    or regulatory limitations or exemptions on the application of EPCRA
    section 313 shall apply to the reporting requirements set forth in
    section 3-304(a) of this order.
        (c) The first year of compliance shall be no later than for the 1994
    calendar year, with reports due on or before July 1, 1995.
        3-305. Emergency Planning and Community Right-to-Know Reporting
    Responsibilities. The head of each Federal agency shall comply with the
    provisions set forth in sections 301 through 312 of EPCRA, all
    implementing regulations, and future amendments to these authorities, in
    light of any applicable guidance as provided by EPA. Effective dates for
    compliance shall be: (a) With respect to the provisions of section 302
    of EPCRA, emergency planning notification shall be made no later than 7
    months after the date of this order.
        (b) With respect to the provisions of section 303 of EPCRA, all
    information necessary for the applicable Local Emergency Planning
    Committee (LEPC's) to prepare or revise local Emergency Response Plans
    shall be provided no later than 1 year after the date of this order.
        (c) To the extent that a facility is required to maintain Material
    Safety Data Sheets under any provisions of law or Executive order,
    information required under section 311 of EPCRA shall be submitted no
    later than 1 year after the date of this order, and the first year of
    compliance with section 312 shall be no later than the 1994 calendar
    year, with reports due on or before March 1, 1995.
        (d) The provisions of section 304 of EPCRA shall be effective
    beginning January 1, 1994.
        (e) These compliance dates are not intended to delay implementation
    of earlier timetables already agreed to by Federal agencies and are
    inapplicable to the extent they interfere with those timetables.
        Sec. 4-4. Agency Coordination.
        4-401. By February 1, 1994, the Administrator shall convene an
    Interagency Task Force composed of the Administrator, the Secretaries of
    Commerce, Defense, and Energy, the Administrator of General Services,

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    the Administrator of the Office of Procurement Policy in the Office of
    Management and Budget, and such other agency officials as deemed
    appropriate based upon lists of potential participants submitted to the
    Administrator pursuant to this section by the agency head. Each agency
    head may designate other senior agency officials to act in his/her
    stead, where appropriate. The Task Force will assist the agency heads in
    the implementation of the activities required under this order.
        4-402. Federal agencies subject to the requirements of this order
    shall submit annual progress reports to the Administrator beginning on
    October 1, 1995. These reports shall include a description of the
    progress that the agency has made in complying with all aspects of this
    order, including the pollution reductions requirements. This reporting
    requirement shall expire after the report due on October 1, 2001.
        4-403. Technical Advice. Upon request and to the extent practicable,
    the Administrator shall provide technical advice and assistance to
    Federal agencies in order to foster full compliance with this order. In
    addition, to the extent practicable, all Federal agencies subject to
    this order shall provide technical assistance, if requested, to LEPC's
    in their development of emergency response plans and in fulfillment of
    their community right-to-know and risk reduction responsibilities.
        4-404. Federal agencies shall place high priority on obtaining
    funding and resources needed for implementing all aspects of this order,
    including the pollution prevention strategies, plans, and assessments
    required by this order, by identifying, requesting, and allocating funds
    through line-item or direct funding requests. Federal agencies shall
    make such requests as required in the Federal Agency Pollution
    Prevention and Abatement Planning Process and through agency budget
    requests as outlined in Office of Management and Budget (OMB) Circulars
    A-106 and A-11, respectively. Federal agencies should apply, to the
    maximum extent practicable, a life cycle analysis and total cost
    accounting principles to all projects needed to meet the requirements of
    this order.
        4-405. Federal Government Environmental Challenge Program. The
    Administrator shall establish a ``Federal Government Environmental
    Challenge Program'' to recognize outstanding environmental management
    performance in Federal agencies and facilities. The program shall
    consist of two components that challenge Federal agencies; (a) to agree
    to a code of environmental principles to be developed by EPA, in
    cooperation with other agencies, that emphasizes pollution prevention,
    sustainable development and state-of-the-art environmental management
    programs, and (b) to submit applications to EPA for individual Federal
    agency facilities for recognition as ``Model Installations.'' The
    program shall also include a means for recognizing individual Federal
    employees who demonstrate outstanding leadership in pollution
    prevention.
        Sec. 5-5. Compliance.
        5-501. By December 31, 1993, the head of each Federal agency shall
    provide the Administrator with a preliminary list of facilities that
    potentially meet the requirements for reporting under the threshold
    provisions of EPCRA, PPA, and this order.
        5-502. The head of each Federal agency is responsible for ensuring
    that such agency take all necessary actions to prevent pollution in
    accordance with this order, and for that agency's compliance with the
    provisions of EPCRA and PPA. Compliance with EPCRA and PPA means
    compliance with the same substantive, procedural, and other statutory
    and regulatory requirements that would apply to a private person.
    Nothing in this order shall be construed as making the provisions of
    sections 325 and 326 of EPCRA applicable to any Federal agency or
    facility, except to the extent that such Federal agency or facility
    would independently be subject to such provisions. EPA shall consult
    with Federal agencies, if requested, to determine the applicability of
    this order to particular agency facilities.
        5-503. Each Federal agency subject to this order shall conduct
    internal reviews and audits, and take such other steps, as may be
    necessary to monitor compliance with sections 3-304 and 3-305 of this
    order.
        5-504. The Administrator, in consultation with the heads of Federal
    agencies, may conduct such reviews and inspections as may be necessary
    to monitor compliance with sec-

    [[Page 1561]]

    tions 3-304 and 3-305 of this order. Except as excluded under section 6-
    601 of this order, all Federal agencies are encouraged to cooperate
    fully with the efforts of the Administrator to ensure compliance with
    sections 3-304 and 3-305 of this order.

        5-505. Federal agencies are further encouraged to comply with all
    state and local right-to-know and pollution prevention requirements to
    the extent that compliance with such laws and requirements is not
    otherwise already mandated.

        5-506. Whenever the Administrator notifies a Federal agency that it
    is not in compliance with an applicable provision of this order, the
    Federal agency shall achieve compliance as promptly as is practicable.

        5-507. The EPA shall report annually to the President on Federal
    agency compliance with the provisions of section 3-304 of this order.

        5-508. To the extent permitted by law and unless such documentation
    is withheld pursuant to section 6-601 of this order, the public shall be
    afforded ready access to all strategies, plans, and reports required to
    be prepared by Federal agencies under this order by the agency preparing
    the strategy, plan, or report. When the reports are submitted to EPA,
    EPA shall compile the strategies, plans, and reports and make them
    publicly available as well. Federal agencies are encouraged to provide
    such strategies, plans, and reports to the State and local authorities
    where their facilities are located for an additional point of access to
    the public.

        Sec. 6-6. Exemption.

        6-601. In the interest of national security, the head of a Federal
    agency may request from the President an exemption from complying with
    the provisions of any or all aspects of this order for particular
    Federal 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. To the maximum extent practicable, and
    without compromising national security, all Federal agencies shall
    strive to comply with the purposes, goals, and implementation steps set
    forth in this order.
        Sec. 7-7. General Provisions.
        7-701. Nothing in this order shall create any right or benefit,
    substantive or procedural, enforceable by a party against the United
    States, its agencies or instrumentalities, its officers or employees, or
    any other person.
                                                William J. Clinton
    The White House,
    August 3, 1993.

    [Filed with the Office of the Federal Register, 4:37 p.m., August 4,
    1993]

    Note: This Executive order was released by the Office of the Press
    Secretary on August 4, and it was published in the Federal Register on
    August 6.