[Weekly Compilation of Presidential Documents Volume 29, Number 31 (Monday, August 9, 1993)]
[Pages 1556-1561]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 12856--Federal Compliance With Right-To-Know Laws and 
Pollution Prevention Requirements

 August 3, 1993

    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 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 environmental 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.

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    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 1-104 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

[[Page 1558]]

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) 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.
    (b) 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. (a) 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.
    (b) 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.
    (c) 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.
    (d) 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. (a) 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,

[[Page 1559]]

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.
    (b) 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.
    (c) Any revisions to the Federal Acquisition Regulation (FAR) 
necessary to implement this order shall be made within 24 months of the 
date of this order.
    (d) 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. 
(a) 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.
    (b) 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.
    (c) 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: (a) 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.
    (b) 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.
    (c) To the extent that a facility is required 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.
    (d) The provisions of section 304 of EPCRA shall be effective 
beginning January 1, 1994.
    (e) 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,

[[Page 1560]]

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; (a) 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 (b) 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 sec- 

[[Page 1561]]

tions 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.

    Sec. 6-6. Exemption.

    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.
                                            William J. Clinton
The White House,
August 3, 1993.

[Filed with the Office of the Federal Register, 4:37 p.m., August 4, 
1993]

Note: This Executive order was released by the Office of the Press 
Secretary on August 4, and it was published in the Federal Register on 
August 6.