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(continued)
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, 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 [see Short Title of 1993 Amendment note set out under 31
U.S.C. 1101].
(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 [42
U.S.C. 6961 note] 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 [42 U.S.C. 6961 note]. 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 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 [42 U.S.C. 6961 note].
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, 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 [see Short Title of 1993 Amendment note set out under 31
U.S.C. 1101], 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 [42 U.S.C. 11023], section 6607 of PPA [42
U.S.C. 13106], 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 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 [42
U.S.C. 6961 note] 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 [42
U.S.C. 11023] 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 [former 42 U.S.C. 11001 note],
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 [42 U.S.C.
11023] 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 [42
U.S.C. 6961 note].
(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 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 [42 U.S.C. 11001-11022], 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.
(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 [set out as a note above], 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
[former 42 U.S.C. 7671l note], Executive Order 12856 of August 3,
1993 [former 42 U.S.C. 11001 note], the Executive Memorandum on
Environmentally Beneficial Landscaping of April 26, 1994 [not
classified to the Code], Executive Order 12969 of August 8, 1995
[former 41 U.S.C. 401 note], and section 1-4. "Pollution Control
Plan" of Executive Order 12088 of October 13, 1978 [set out as a
note above], 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 [sic] 304 [42 U.S.C. 7604] and EPCRA
sections 325 and 326 [42 U.S.C. 11045, 11046] 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 [42 U.S.C. 6961 note]
and 13123 [42 U.S.C. 8251 note] 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 [42 U.S.C. 6961 note],
Executive Order 13123 of June 3, 1999 [42 U.S.C. 8251 note],
Executive Order 13134 of August 12, 1999 [7 U.S.C. 7624 note], 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.
-End-
-CITE-
42 USC SUBCHAPTER I - POLICIES AND GOALS 01/19/04
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY
SUBCHAPTER I - POLICIES AND GOALS
-HEAD-
SUBCHAPTER I - POLICIES AND GOALS
-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 4342, 4344 of this
title.
-End-
-CITE-
42 USC Sec. 4331 01/19/04
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY
SUBCHAPTER I - POLICIES AND GOALS
-HEAD-
Sec. 4331. Congressional declaration of national environmental
policy
-STATUTE-
(a) The Congress, recognizing the profound impact of man's
activity on the interrelations of all components of the natural
environment, particularly the profound influences of population
growth, high-density urbanization, industrial expansion, resource
exploitation, and new and expanding technological advances and
recognizing further the critical importance of restoring and
maintaining environmental quality to the overall welfare and
development of man, declares that it is the continuing policy of
the Federal Government, in cooperation with State and local
governments, and other concerned public and private organizations,
to use all practicable means and measures, including financial and
technical assistance, in a manner calculated to foster and promote
the general welfare, to create and maintain conditions under which
man and nature can exist in productive harmony, and fulfill the
social, economic, and other requirements of present and future
generations of Americans.
(b) In order to carry out the policy set forth in this chapter,
it is the continuing responsibility of the Federal Government to
use all practicable means, consistent with other essential
considerations of national policy, to improve and coordinate
Federal plans, functions, programs, and resources to the end that
the Nation may -
(1) fulfill the responsibilities of each generation as trustee
of the environment for succeeding generations;
(2) assure for all Americans safe, healthful, productive, and
esthetically and culturally pleasing surroundings;
(3) attain the widest range of beneficial uses of the
environment without degradation, risk to health or safety, or
other undesirable and unintended consequences;
(4) preserve important historic, cultural, and natural aspects
of our national heritage, and maintain, wherever possible, an
environment which supports diversity and variety of individual
choice;
(5) achieve a balance between population and resource use which
will permit high standards of living and a wide sharing of life's
amenities; and
(6) enhance the quality of renewable resources and approach the
maximum attainable recycling of depletable resources.
(c) The Congress recognizes that each person should enjoy a
healthful environment and that each person has a responsibility to
contribute to the preservation and enhancement of the environment.
-SOURCE-
(Pub. L. 91-190, title I, Sec. 101, Jan. 1, 1970, 83 Stat. 852.)
-MISC1-
COMMISSION ON POPULATION GROWTH AND THE AMERICAN FUTURE
Pub. L. 91-213, Secs. 1-9, Mar. 16, 1970, 84 Stat. 67-69,
established the Commission on Population Growth and the American
Future to conduct and sponsor such studies and research and make
such recommendations as might be necessary to provide information
and education to all levels of government in the United States, and
to our people regarding a broad range of problems associated with
population growth and their implications for America's future;
prescribed the composition of the Commission; provided for the
appointment of its members, and the designation of a Chairman and
Vice Chairman; required a majority of the members of the Commission
to constitute a quorum, but allowed a lesser number to conduct
hearings; prescribed the compensation of members of the Commission;
required the Commission to conduct an inquiry into certain
prescribed aspects of population growth in the United States and
its foreseeable social consequences; provided for the appointment
of an Executive Director and other personnel and prescribed their
compensation; authorized the Commission to enter into contracts
with public agencies, private firms, institutions, and individuals
for the conduct of research and surveys, the preparation of
reports, and other activities necessary to the discharge of its
duties, and to request from any Federal department or agency any
information and assistance it deems necessary to carry out its
functions; required the General Services Administration to provide
administrative services for the Commission on a reimbursable basis;
required the Commission to submit an interim report to the
President and the Congress one year after it was established and to
submit its final report two years after Mar. 16, 1970; terminated
the Commission sixty days after the date of the submission of its
final report; and authorized to be appropriated, out of any money
in the Treasury not otherwise appropriated, such amounts as might
be necessary to carry out the provisions of Pub. L. 91-213.
-EXEC-
EXECUTIVE ORDER NO. 11507
Ex. Ord. No. 11507, eff. Feb. 4, 1970, 35 F.R. 2573, which
related to prevention, control, and abatement of air and water
pollution at federal facilities was superseded by Ex. Ord. No.
11752, eff. Dec. 17, 1973, 38 F.R. 34793, formerly set out below.
EXECUTIVE ORDER NO. 11752
Ex. Ord. No. 11752, Dec. 17, 1973, 38 F.R. 34793, which related
to the prevention, control, and abatement of environmental
pollution at Federal facilities, was revoked by Ex. Ord. No. 12088,
Oct. 13, 1978, 43 F.R. 47707, set out as a note under section 4321
of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 20 section 5604.
-End-
-CITE-
42 USC Sec. 4332 01/19/04
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY
SUBCHAPTER I - POLICIES AND GOALS
-HEAD-
Sec. 4332. Cooperation of agencies; reports; availability of
information; recommendations; international and national
coordination of efforts
-STATUTE-
The Congress authorizes and directs that, to the fullest extent
possible: (1) the policies, regulations, and public laws of the
United States shall be interpreted and administered in accordance (continued)