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:
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 decision making 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.
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
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
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 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 ACCOUNTING
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
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 Program 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.
(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
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 section
502, 503, and 505 of this order. Each agency may prepare and submit
the annual report in electronic format. A copy of the report shall be
submitted to the Federal Environmental Executive (FEE) by EPA for use
in the biennial Greening the Government Report to the President prepared
in accordance with Executive Order 13101. Within 9 months of the date
of this order, EPA, in coordination with the Workgroup established under
section 306 of this order, shall prepare guidance regarding the information
and timing for the annual report. The Workgroup shall coordinate with
those agencies responsible for Federal agency reporting guidance under
the Greening the Government Executive orders to streamline reporting
requirements and reduce agency and facility-level reporting burdens.
The first annual report shall cover calendar year 2000 activities.
PART 4-PROMOTING ENVIRONMENTAL MANAGEMENT AND LEADERSHIP
Sec. 401. Agency and Facility Environmental Management Systems.
To attain the goals of section 201 of this order:
(a) Within 18 months of the date of this order, each agency shall conduct
an agency-level environmental management system self assessment based
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
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
(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.
(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
(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, starting with
performance plans accompanying the FY 2002 budget.
PART 5-EMERGENCY PLANNING, COMMUNITY RIGHT-TO-KNOW, AND POLLUTION
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 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
(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 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 applicati