Executive Order 13148

Wednesday,
April 26, 2000

Part V

The President
Executive Order 13148—Greening the
Government Through Leadership in
Environmental Management
Executive Order 13149—Greening the
Government Through Federal Fleet and
Transportation Efficiency
Executive Order 13150—Federal
Workforce Transportation

VerDate 182000

11:09 Apr 25, 2000

Jkt 190000

PO 00000

Frm 00001

Fmt 4717

Sfmt 4717

E:\FR\FM\26APE0.SGM

pfrm03

PsN: 26APE0

VerDate 182000

11:09 Apr 25, 2000

Jkt 190000

PO 00000

Frm 00002

Fmt 4717

Sfmt 4717

E:\FR\FM\26APE0.SGM

pfrm03

PsN: 26APE0

24595

Presidential Documents

Federal Register
Vol. 65, No. 81
Wednesday, April 26, 2000

Title 3—

Executive Order 13148 of April 21, 2000

The President

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

VerDate 182000

11:09 Apr 25, 2000

Jkt 190000

PO 00000

Frm 00003

Fmt 4705

Sfmt 4790

E:\FR\FM\26APE0.SGM

pfrm03

PsN: 26APE0

24596

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

VerDate 182000

11:09 Apr 25, 2000

Jkt 190000

PO 00000

Frm 00004

Fmt 4705

Sfmt 4790

E:\FR\FM\26APE0.SGM

pfrm03

PsN: 26APE0

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

24597

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
LEADERSHIP

ENVIRONMENTAL

MANAGEMENT

AND

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

VerDate 182000

11:09 Apr 25, 2000

Jkt 190000

PO 00000

Frm 00005

Fmt 4705

Sfmt 4790

E:\FR\FM\26APE0.SGM

pfrm03

PsN: 26APE0

24598

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

VerDate 182000

11:09 Apr 25, 2000

Jkt 190000

PO 00000

Frm 00006

Fmt 4705

Sfmt 4790

E:\FR\FM\26APE0.SGM

pfrm03

PsN: 26APE0

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

24599

(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

VerDate 182000

11:09 Apr 25, 2000

Jkt 190000

PO 00000

Frm 00007

Fmt 4705

Sfmt 4790

E:\FR\FM\26APE0.SGM

pfrm03

PsN: 26APE0

24600

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

VerDate 182000

11:09 Apr 25, 2000

Jkt 190000

PO 00000

Frm 00008

Fmt 4705

Sfmt 4790

E:\FR\FM\26APE0.SGM

pfrm03

PsN: 26APE0

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

24601

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,

VerDate 182000

11:09 Apr 25, 2000

Jkt 190000

PO 00000

Frm 00009

Fmt 4705

Sfmt 4790

E:\FR\FM\26APE0.SGM

pfrm03

PsN: 26APE0

24602

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

VerDate 182000

11:09 Apr 25, 2000

Jkt 190000

PO 00000

Frm 00010

Fmt 4705

Sfmt 4790

E:\FR\FM\26APE0.SGM

pfrm03

PsN: 26APE0

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

24603

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.

VerDate 182000

11:09 Apr 25, 2000

Jkt 190000

PO 00000

Frm 00011

Fmt 4705

Sfmt 4790

E:\FR\FM\26APE0.SGM

pfrm03

PsN: 26APE0

24604

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

VerDate 182000

11:09 Apr 25, 2000

Jkt 190000

PO 00000

Frm 00012

Fmt 4705

Sfmt 4790

E:\FR\FM\26APE0.SGM

pfrm03

PsN: 26APE0

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.

VerDate 182000

11:09 Apr 25, 2000

Jkt 190000

PO 00000

Frm 00013

Fmt 4705

Sfmt 4790

E:\FR\FM\26APE0.SGM

pfrm03

PsN: 26APE0

24606

Federal Register / Vol. 65, No. 81 / Wednesday, April 26, 2000 / Presidential Documents
Sec. 1009. ‘‘Environmental aspects’’ means the elements of an organization’s
activities, products, or services that can interact with the environment.

œ–
THE WHITE HOUSE,
April 21, 2000.
[FR Doc. 00–10550
Filed 4–25–00; 8:45 am]
Billing code 3195–01–P

VerDate 182000

11:09 Apr 25, 2000

Jkt 190000

PO 00000

Frm 00014

Fmt 4705

Sfmt 4790

E:\FR\FM\26APE0.SGM

pfrm03

PsN: 26APE0