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Procurement
Requirements and Policies for Federal Agencies for Ozone-Depleting
Substances Federal Register
Vol. 58, No. 77
Friday, April 23, 1993
Presidential Documents WHEREAS, the essential function of the stratospheric ozone layer
is shielding the Earth from dangerous ultraviolet radiation; and WHEREAS, the production and consumption of substances that cause
the depletion of stratospheric ozone are being rapidly phased out on
a worldwide basis with the support and encouragement of the United States;
and WHEREAS, the Montreal Protocol on Substances that Deplete the
Ozone Layer, to which the United States is a signatory, calls for a phaseout
of the production and consumption of these substances; and WHEREAS, the Federal government, as one of the principal users
of these substances, is able through affirmative procurement practices
to reduce significantly the use of these substances and to provide leadership
in their phaseout; and WHEREAS, the use of alternative substances and new technologies
to replace these ozone-depleting substances may contribute positively
to the economic competitiveness on the world market of U.S. manufacturers
of these innovative safe alternatives; NOW, THEREFORE, I, WILLIAM JEFFERSON CLINTON, by
the authority vested in me as President by the Constitution and the
laws of the United
States of America, including the 1990 amendments to the Clean Air Act
("Clean Air Act Amendments"), Public Law 101-549, and in order
to reduce the Federal government's procurement and use of substances
that cause stratospheric ozone depletion, do hereby order as follows: Section 1. Federal
Agencies. Federal agencies shall, to the extent practicable:
- conform their procurement regulations and practices to the policies
and requirements of Title VI of the Clean Air Act Amendments, which
deal with stratospheric ozone protection;
- maximize the use of safe alternatives to ozone-depleting substances;
- evaluate the present and future uses of ozone-depleting substances,
including making assessments of existing and future needs for such
materials and evaluate their use of and plans for recycling;
- revise their procurement practices and implement cost-effective programs
both to modify specifications and contracts that require the use of
ozone-depleting substances and to substitute non-ozone-depleting substances
to the extent economically practicable; and
- exercise leadership, develop exemplary practices, and disseminate
information on successful efforts in phasing out ozone-depleting substances.
Section 2. Definitions.
- "Federal agency" means
any executive department, military department, or independent agency
within the meaning of 5 U.S.C. 101,
102, or 104(1), respectively.
- "Procurement" and "acquisition" are
used interchangeably to refer to the processes through which Federal
agencies purchase products
and services.
- "Procurement regulations, policies and procedures" encompasses
the complete acquisition process, including the generation of product
descriptions by individuals responsible for determining which substances
must be acquired by the agency to meet its mission.
- "Ozone-depleting substances" means
the substances controlled internationally under the Montreal Protocol
and nationally under Title
VI of the Clean Air Act Amendments. This includes both Class I and
Class II substances as follows:
- "Class I substance" means any substance designated as Class
I in the Federal Register notice of July 30, 1992 (57 Fed. Reg. 33753),
including chlorofluorocarbons, halons, carbon tetrachloride, and methyl
chloroform and any other substance so designated by the Environmental
Protection Agency ("EPA") by regulation at a later date; and
- "Class II substance" means
any substance designated as Class II in the Federal Register notice
of July 30, 1992 (57 Fed. Reg. 33753),
including hydrochlorofluorocarbons and any other substances so designated
by EPA by regulation at a later date.
- "Recycling" is
used to encompass recovery and reclamation, as well as the reuse
of controlled substances.
Section 3. Policy. It is the policy of the Federal Government that Federal agencies:
- implement cost-effective programs to minimize the procurement of
materials and substances that contribute to the depletion of stratospheric
ozone; and
- give preference to the procurement of alternative chemicals, products,
and manufacturing processes that reduce overall risks to human health
and the environment by lessening the depletion of ozone in the upper
atmosphere.
In implementing this policy, prior to final promulgation of EPA regulations
on Federal procurement, Federal agencies shall begin conforming their procurement
policies to the general requirements of Title VI of the Clean Air Act Amendments
by:
- minimizing, where economically practicable, the procurement of products
containing or manufactured with Class I substances in anticipation
of the phaseout schedule to be promulgated by EPA for Class I substances,
and maximizing the use of safe alternatives. In developing their procurement
policies, agencies should be aware of the phaseout schedule for Class
II substances;
- amending existing contracts, to the extent permitted by law and where
practicable, to be consistent with the phaseout schedules for Class
I substances. In awarding contracts, agencies should be aware of the
phaseout schedule for Class II substances in awarding contracts;
- implementing policies and practices that recognize the increasingly
limited availability of Class I substances as production levels capped
by the Montreal Protocol decline until final phaseout. Such practices
shall include, but are not limited to:
- reducing emissions and recycling ozone-depleting substances;
- ceasing the purchase of nonessential products containing or manufactured
with ozone-depleting substances; and
- requiring that new contracts provide that any acquired products containing
or manufactured with Class I or Class II substances be labeled in accordance
with section 611 of the Clean Air Act Amendments.
Section 4. Responsibilities. Not later than 6 months after the effective date of this Executive order,
each Federal agency, where feasible, shall have in place practices that,
were economically practicable, minimize the procurement of Class I substances.
Agencies also shall be aware of the phaseout schedule for Class II substances.
Agency practices may include, but are not limited to:
- altering existing equipment and/or procedures to make use of safe
alternatives;
- specifying the use of safe alternatives and of goods and services,
where available, that do not require the use of Class I substances
in new procurements and that limit the use of Class II substances consistent
with section 612 of the Clean Air Act Amendments; and
- amending existing contracts, to the extent permitted by law and where
practicable, to require the use of safe alternatives.
Section 5. Reporting
Requirements. Not later than 6 months after the effective date of this Executive order,
each Federal agency shall submit to the Office of Management and Budget
a report regarding the implementation of this order. The report shall
include a certification by each agency that its regulations and procurement
practices are being amended to comply with this order. Section 6. Exceptions. Exceptions to compliance with this Executive Order may be made in accordance
with section 604 of the Clean Air Act Amendments and with the provisions
of the Montreal Protocol. Section 7. Effective
Date. This Executive order is effective
30 days after the date of issuance. Although full implementation of
this order must await revisions to the
Federal Acquisition Regulations ("FAR"), it is expected that
Federal agencies will take all appropriate actions in the interim to
implement those aspects of the order that are not dependent upon regulatory
revision. Section 8. Federal
Acquisition Regulatory Councils. Pursuant to section 6(a) of the Office of Federal Procurement Policy
Act, as amended, 41 U.S.C. 405(a), the Defense Acquisition Regulatory
Council and the Civilian Agency Acquisition Council shall ensure that
the policies established herein are incorporated in the FAR within 180
days from the date this order is issued. Section 9. Judicial
Review. This order does not create any right or benefit, substantive or procedural,
enforceable by a non-Federal party against the United States, its officers
or employees, or any other person. [Signed] William J. Clinton The White House
April 21, 1993.
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