FAR Subpart 23.10

SUBPART 23.10—FEDERAL COMPLIANCE WITH RIGHT-TO-KNOW LAWS AND POLLUTION PREVENTION
REQUIREMENTS

Subpart 23.10—Federal Compliance with
Right-to-Know Laws and Pollution
Prevention Requirements
23.1000 Scope.
This subpart prescribes policies and procedures for obtaining information needed for Government—
(a) Compliance with right-to-know laws and pollution prevention requirements;
(b) Implementation of an environmental management system (EMS) at a Federal facility; and
(c) Completion of facility compliance audits (FCAs) at a
Federal facility.
23.1001 Authorities.
(a) Emergency Planning and Community Right-to-Know
Act of 1986, 42 U.S.C. 11001-11050 (EPCRA).
(b)
Pollution
Prevention
Act
of 1990,
42 U.S.C. 13101-13109 (PPA).
(c) Executive Order 13148 of April 21, 2000, Greening the
Government through Leadership in Environmental
Management.
23.1002 Applicability.
The requirements of this subpart apply to facilities owned
or operated by an agency in the customs territory of the United
States.
23.1003 Definitions.
As used in this subpart—
“Federal agency” means an executive agency (see 2.101).
“Priority chemical” means a chemical identified by the
Interagency Environmental Leadership Workgroup or, alternatively, by an agency pursuant to Section 503 of Executive
Order 13148 of April 21, 2000, Greening the Government
through Leadership in Environmental Management.

*

*

*

23.1005

23.1004 Requirements.
(a) E.O. 13148 requires Federal facilities to comply with
the provisions of EPCRA and PPA.
(b) Pursuant to E.O. 13148, and any agency implementing
procedures, every new contract that provides for performance
on a Federal facility shall require the contractor to provide
information necessary for the Federal agency to comply with
the—
(1) Emergency planning and toxic release reporting
requirements in EPCRA, PPA, and E.O. 13148;
(2) Toxic chemical, priority chemical, and hazardous
substance release and use reduction goals of Sections 502 and
503 of Executive Order 13148; and
(3) Requirements for EMSs and FCAs if the place of
performance is at a Federal facility designated by the agency.
23.1005 Contract clause.
(a) Insert the clause at 52.223-5, Pollution Prevention and
Right-to-Know Information, in solicitations and contracts that
provide for performance, in whole or in part, on a Federal
facility.
(b) Use the clause with its Alternate I if the contract provides for contractor—
(1) Operation or maintenance of a Federal facility at
which the agency has implemented or plans to implement an
EMS; or
(2) Activities and operations—
(i) To be performed at a Government-operated Federal facility that has implemented or plans to implement an
EMS; and
(ii) That the agency has determined are covered
within the EMS.
(c) Use the clause with its Alternate II if—
(1) The contract provides for contractor activities on a
Federal facility; and
(2) The agency has determined that the contractor activities should be included within the FCA or an environmental
management system audit.

*

*

*

23.10-1