EXECUTIVE
ORDER
EO 12843
Effective Date: April 21, 1993

Responsible Office: Office of Procurement
Subject: PROCUREMENT REQUIREMENTS AND POLICIES FOR FEDERAL AGENCIES OF OZONE-DEPLETING SUBSTANCES

				
	TEXT

WHEREAS, the essential function of the stratospheric ozone layer
is shielding the Earth from dangerous ultraviolet radiation; and 

WHEREAS, the production and consumption of substances that cause
the depletion of stratospheric ozone are being rapidly phased out
on a worldwide basis with the support and encouragement of the
United States; and

WHEREAS, the Montreal Protocol on Substances that Deplete the
Ozone Layer, to which the United States is a signatory, calls for
a phaseout of the production and consumption of these substances;
and

WHEREAS, the Federal Government, as one of the principal users of
these substances, is able through affirmative procurement
practices to reduce significantly the use of these substances and
to provide leadership in their phaseout; and

WHEREAS, the use of alternative substances and new technologies
to replace these ozone-depleting substances may contribute
positively to the economic competitiveness on the world market of
U.S. manufacturers of these innovative safe alternatives;

NOW, THEREFORE, I, WILLIAM JEFFERSON CLINTON, by the authority
vested in me as President by the Constitution and the laws of the
United States of America, including the 1990 amendments to the
Clean Air Act ("Clean Air Act Amendments"), Public Law 101-549,
and in order to reduce the Federal Government's procurement and
use of substances that cause stratospheric ozone depletion, do
hereby order as follows:

Section 1. Federal Agencies. Federal agencies shall, to the
extent practicable:

     (a) conform their procurement regulations and practices to 
     the policies and requirements of Title VI of the Clean Air
     Act Amendments, which deal with stratospheric ozone
     protection;

     (b) maximize the use of safe alternatives to ozone-depleting
     substances;

     (c) evaluate the present and future uses of ozone-depleting
     substances, including making assessments of existing and
     future needs for such materials and evaluate their use of
     and plans of recycling;

     (d) revise their procurement practices and implement cost-
     effective programs both to modify specifications and
     contracts that require the use of ozone-depleting substances
     and to substitute non-ozone-depleting substances to the
     extent economically practicable; and

     (e) exercise leadership, develop exemplary practices, and 
     disseminate information on successful efforts in phasing out
     ozone-depleting substances.

Sec. 2. Definitions. (a) "Federal agency" means any executive
department, military department, or independent agency within the
meaning of 5 U.S.C. 101, 102, or 104(1), respectively.

     (b) "Procurement" and "acquisition" are used interchangeably
     to refer to the processes through which Federal agencies
     purchase products and services.

     (c) "Procurement regulations, polices and procedures"
     encompasses the complete acquisition process, including the
     generation of product descriptions by individuals
     responsible for determining which substances must be
     acquired by the agency to meet its mission.

     (d) "Ozone-depleting substances" means the substances
     controlled internationally under the Montreal Protocol and
     nationally under Title VI of the Clean Air Act Amendments. 
     This includes both Class I and Class II substances as
     follows:

          (i) "Class I substance" means any substance designated
     as Class I in the Federal Register notice of July 30, 1992
     (57 Fed. Reg. 33753), including chlorofluorocarbons, halons,
     carbon tetrachloride, and methyl chloroform and any other
     substance so designated by the Environmental Protection
     Agency ("EPA") by regulation at a later date; and

          (ii) "Class II substance" means any substance
     designated as Class II in the Federal Register notice of
     July 30, 1992 (57 Fed. Reg. 33753), including
     hydrochlorofluorocarbons and any other substances so
     designated by EPA by regulation at a later date.

     (e) "Recycling" is used to encompass recovery and
     reclamation, as well as the reuse of controlled substances.

Sec. 3. Policy.  It is the policy of the Federal Government that
Federal agencies: (i) implement cost-effective programs to
minimize the procurement of materials and substances that
contribute to the depletion of stratospheric ozone; and (ii) give
preference to the procurement of alternative chemicals, products,
and manufacturing processes that reduce overall risks to human
health and the environment by lessening the depletion of ozone in
the upper atmosphere.  In implementing this policy, prior to
final promulgation of EPA regulations on Federal procurement,
Federal agencies shall begin conforming their procurement
policies to the general requirements of Title VI of the Clean Air
Act Amendments by:

     (a) minimizing, where economically practicable, the
     procurement of products containing or manufactured with
     Class I substances, in anticipation of phaseout schedule to
     be promulgated by EPA for Class I substances, and maximizing
     the use of safe alternatives.  In developing their
     procurement policies, agencies should be aware of the
     phaseout schedule for Class II substances;

     (b) amending existing contracts, to the extent permitted by
     law and where practicable, to be consistent with the
     phaseout schedules for Class I substances.  In awarding
     contracts, agencies should be aware of the phaseout schedule
     for Class II substances in awarding contracts:

     (c) implementing policies and practices that recognize the 
     increasingly limited availability of Class I substances as
     production levels capped by the Montreal Protocol decline
     until final phaseout.  Such practices shall include, but are
     not limited to:

          (i) reducing emissions and recycling ozone-depleting 
     substances;

          (ii) ceasing the purchase of nonessential products 
     containing or manufactured with ozone-depleting substances;
     and

          (iii) requiring that new contracts provide that any  
     acquired products containing or manufactured with Class I or
     Class II substances be labeled in accordance with section
     611 of the Clean Air Act Amendments.

Sec. 4. Responsibilities.  Not later than 6 months after the
effective date of this Executive order, each Federal agency,
where feasible, shall have in place practices that, where
economically practicable, minimize the procurement of Class I
substances.  Agencies also shall be aware of the phaseout
schedule for Class II substances.  Agency practices may include,
but are not limited to:

     (a) altering existing equipment and/or procedures to make 
     use of safe alternatives;

     (b) specifying the use of safe alternatives and of goods and
     services, where available, that do not require the use of
     Class I substances in new procurements and that limit the
     use of Class II substances consistent with section 612 of
     the Clean Air Act Amendments; and

     (c) amending existing contracts, to the extent permitted by
     law and where practicable, to require the use of safe
     alternatives.

Sec. 5. Reporting Requirements.  Not later than 6 months after
the effective date of this Executive order, each Federal agency
shall submit to the Office of Management and Budget a report the
implementation of this order.  The report shall include a
certification by each agency that its regulations and procurement
practices are being amended to comply with this order.

Sec. 6. Exceptions.  Exceptions to compliance with this Executive
order may be made in accordance with section 604 of the Clean Air
Act Amendments and with the provisions of the Montreal Protocol.

Sec. 7. Effective Date.  This Executive order is effective 30
days after the date of issuance.  Although full implementation of
this order must await revisions to the Federal Acquisition
Regulations ("FAR"), it is expected that Federal agencies        
will take all appropriate actions in the interim to implement
those aspects of the order that are not dependent upon regulatory
revision.

Sec. 8. Federal Acquisition Regulatory Councils.  Pursuant to
section 6(a) of the Office of Federal Procurement Policy Act, as
amended, 41 U.S.C. 405(a), the Defense Acquisition Regulatory
Council and the Civilian Agency Acquisition Council shall ensure
that the policies established herein are incorporated in the FAR
within 180 days from the date this order is issued.
Sec. 9. Judicial Review.  This order does not create any right or
benefit, substantive or procedural, enforceable by a non-Federal
party against the United States, its officers or employees, or
any other person.

                                   /s/William J. Clinton


THE WHITE HOUSE,
April 21, 1993.

	
	
			

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