[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
[[Page 1558]]
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,
[[Page 1559]]
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,
[[Page 1560]]
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.