Presidential Documents

24595

Federal Register

Vol. 65, No. 81

Wednesday, April 26, 2000

Title 3—

The President

Executive Order 13148 of April 21, 2000

Greening the Government Through Leadership in

Environmental Management

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 is unable

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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

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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, 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

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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 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.

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(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, 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 governmentwide 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

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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 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

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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 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,

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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 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 ozonedepleting 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.

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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.

(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.

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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 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,

Federal Register / Vol. 65, No. 81 / Wednesday, April 26, 2000 / Presidential Documents 24605

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 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.

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Sec. 1009. ‘‘Environmental aspects’’ means the elements of an organization’s

activities, products, or services that can interact with the environment.

THE WHITE HOUSE,

April 21, 2000.

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[FR Doc. 00–10550

Filed 4–25–00; 8:45 am]

Billing code 3195–01–P