| |
Federal
Compliance with Right-to-Know Laws and Pollution Prevention Requirements Federal Register
Vol. 58, No. 150
Friday, August 6, 1993
Presidential Documents 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 the 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 environment 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. 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 1-4 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 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 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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,
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.
- 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.
- Any revisions to the Federal Acquisition Regulation (FAR) necessary
to implement this order shall be made within 24 months of the data
of this order.
- 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.
- 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.
- 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.
- 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:
- 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.
- 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.
- To the extent that a facility is equired 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.
- The provisions of section 304 of EPCRA shall be effective beginning
January 1, 1994.
- 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,
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:
- 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
- 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 sections 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.< 6-6.>
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.
[Signed] William J. Clinton
The White House
August 3, 1993.
|
