[Weekly Compilation of Presidential Documents Volume 36, Number 17 (Monday, May 1, 2000)]
[Pages 891-901]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13148--Greening the Government Through Leadership in 
Environmental Management

April 21, 2000

    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

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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 
regulatory requirements. Agency funding requests for facility compliance 
with Federal, State, and local environmental regulatory requirements 
shall emphasize pollution prevention through source reduction as the 
means of first choice to ensure compliance, with reuse and recycling 
alternatives having second priority as a means of compliance.
    Sec. 304. Pollution Prevention Return-on-Investment Programs. Each 
agency shall develop and implement a pollution prevention program at its 
facilities that compares the life cycle costs of treatment and/or 
disposal of waste and pollutant streams to the life cycle costs of 
alternatives that eliminate or reduce toxic chemicals or pollutants at 
the source. Each agency shall implement those projects that are life-
cycle cost-effective, or otherwise offer substantial environmental or 
economic benefits.
    Sec. 305. Policies, Strategies, and Plans.
    (a) Within 12 months of the date of this order, each agency shall 
ensure that the goals and requirements of this order are incorporated 
into existing agency environmental directives, policies, and documents 
affected by the requirements and goals of this order. Where such 
directives and policies 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,

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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

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projects at selected agency facilities based on the Code of 
Environmental Management Principles for Federal Agencies and/or another 
appropriate environmental management system framework. By December 31, 
2005, each agency shall implement an environmental management system at 
all appropriate agency facilities based on facility size, complexity, 
and the environmental aspects of facility operations. The facility 
environmental management system shall include measurable environmental 
goals, objectives, and targets that are reviewed and updated annually. 
Once established, environmental management system performance measures 
shall be incorporated in agency facility audit protocols.
    Sec. 402. Facility Compliance Audits. To attain the goals of section 
202 of this order:
    (a) Within 12 months of the date of this order, each agency that 
does not have an established regulatory environmental compliance audit 
program shall develop and implement a program to conduct facility 
environmental compliance audits and begin auditing at its facilities 
within 6 months of the development of that program.
    (b) An agency with an established regulatory environmental 
compliance audit program may elect to conduct environmental management 
system audits in lieu of regulatory environmental compliance audits at 
selected facilities.
    (c) Facility environmental audits shall be conducted periodically. 
Each agency is encouraged to conduct audits not less than every 3 years 
from the date of the initial or previous audit. The scope and frequency 
of audits shall be based on facility size, complexity, and the 
environmental aspects of facility operations. As appropriate, each 
agency shall include tenant, contractor, and concessioner activities in 
facility audits.
    (d) Each agency shall conduct internal reviews and audits and shall 
take such other steps, as may be necessary, to monitor its facilities' 
compliance with sections 501 and 504 of this order.
    (e) Each agency shall consider findings from the assessments or 
audits conducted under Part 4 in program planning under section 301 of 
this order and in the preparation and revisions to facility plans 
prepared under section 305 of this order.
    (f) Upon request and to the extent practicable, the EPA shall 
provide technical assistance in meeting the requirements of Part 4 by 
conducting environmental management reviews at Federal facilities and 
developing policies and guidance for conducting environmental compliance 
audits and implementing environmental management systems at Federal 
facilities.
    Sec. 403. Environmental Leadership and Agency Awards Programs.
    (a) Within 12 months of the date of this order, the Administrator 
shall establish a Federal Government environmental leadership program to 
promote and recognize outstanding environmental management performance 
in agencies and facilities.
    (b) Each agency shall develop an internal agency-wide awards program 
to reward and highlight innovative programs and individuals showing 
outstanding environmental leadership in implementing this order. In 
addition, based upon criteria developed by the EPA in coordination with 
the Workgroup established in section 306 of this order, Federal 
employees who demonstrate outstanding leadership in implementation of 
this order may be considered for recognition under the White House 
awards program set forth in section 803 of Executive Order 13101 of 
September 14, 1998.
    Sec. 404. Management Leadership and Performance Evaluations.
    (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,

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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

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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

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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

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develop technical assistance materials to assist agencies in meeting the 
50 percent reduction goal of this section.
    (h) Where an agency can demonstrate to the Workgroup that it has 
previously reduced the use of a priority chemical identified in 
subsection 503(b) by 50 percent, then the agency may elect to waive the 
50 percent reduction goal for that chemical.
    Sec. 504. Emergency Planning and Reporting Responsibilities. Each 
agency shall comply with the provisions set forth in sections 301 
through 312 of the EPCRA, all implementing regulations, and any future 
amendments to these authorities, in light of any applicable guidance as 
provided by the EPA.
    Sec. 505. Reductions in Ozone-Depleting Substances. To attain the 
goals of section 206 of this order:
    (a) Each agency shall ensure that its facilities: (1) maximize the 
use of safe alternatives to ozone-depleting substances, as approved by 
the EPA's Significant New Alternatives Policy (SNAP) program; (2) 
consistent with subsection (b) of this section, evaluate the present and 
future uses of ozone-depleting substances, including making assessments 
of existing and future needs for such materials, and evaluate use of, 
and plans for recycling, refrigerants, and halons; and (3) exercise 
leadership, develop exemplary practices, and disseminate information on 
successful efforts in phasing out ozone-depleting substances.
    (b) Within 12 months of the date of this order, each agency shall 
develop a plan to phase out the procurement of Class I ozone-depleting 
substances for all nonexcepted uses by December 31, 2010. Plans should 
target cost effective reduction of environmental risk by phasing out 
Class I ozone depleting substance applications as the equipment using 
those substances reaches its expected service life. Exceptions to this 
requirement include all exceptions found in current or future applicable 
law, treaty, regulation, or Executive order.
    (c) Each agency shall amend its personal property management 
policies and procedures to preclude disposal of ozone depleting 
substances removed or reclaimed from its facilities or equipment, 
including disposal as part of a contract, trade, or donation, without 
prior coordination with the Department of Defense (DoD). Where the 
recovered ozone-depleting substance is a critical requirement for DoD 
missions, the agency shall transfer the materials to the DoD. The DoD 
will bear the costs of such transfer.

PART 6-LANDSCAPING MANAGEMENT PRACTICES

    Sec. 601. Implementation.
    (a) Within 12 months from the date of this order, each agency shall 
incorporate the Guidance for Presidential Memorandum on Environmentally 
and Economically Beneficial Landscape Practices on Federal Landscaped 
Grounds (60 Fed. Reg. 40837) developed by the FEE into landscaping 
programs, policies, and practices.
    (b) Within 12 months of the date of this order, the FEE shall form a 
workgroup of appropriate Federal agency representatives to review and 
update the guidance in subsection (a) of this section, as appropriate.
    (c) Each agency providing funding for nonfederal projects involving 
landscaping projects shall furnish funding recipients with information 
on environmentally and economically beneficial landscaping practices and 
work with the recipients to support and encourage application of such 
practices on Federally funded projects.
    Sec. 602. Technical Assistance and Outreach. The EPA, the General 
Services Administration (GSA), and the USDA shall provide technical 
assistance in accordance with their respective authorities on 
environmentally and economically beneficial landscaping practices to 
agencies and their facilities.

PART 7-ACQUISITION AND PROCUREMENT

    Sec. 701. Limiting Procurement of Toxic Chemicals, Hazardous 
Substances, and Other Pollutants.
    (a) Within 12 months of the date of this order, each agency shall 
implement training programs to ensure that agency procurement officials 
and acquisition program managers are aware of the requirements of this 
order and its applicability to those individuals.

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    (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

[[Page 900]]

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

[[Page 901]]

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.

[Filed with the Office of the Federal Register, 8:45 a.m., April 25, 
2000]

Note: This Executive order was released by the Office of the Press 
Secretary on April 22, and it was published in the Federal Register on 
April 26.