EXECUTIVE
ORDER
EO 12856
Effective Date: August 03, 1993

Responsible Office: Office of Mission to Planet Earth
Subject: FEDERAL COMPLIANCE WITH RIGHT-TO-KNOW LAWS AND POLLUTION PREVENTION REQUIREMENTS

			TEXT

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 301 of title 5, United States
Code, it is hereby ordered as follows:

Section 1. Applicability.

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 the 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
implement 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 the 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 a
5 U.S.C. 105.  For the purpose if 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 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 terms "toxic pollutants" shall include, 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) and 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 waste subject to remedial
action generation prior to the date if 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 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
reduction 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 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 facility's
contribution to the goal established in sections 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,
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. Toxic 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 a 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, 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, 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 sections 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 the
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, 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 ar 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.

                              /s/William J. Clinton


THE WHITE HOUSE,
August 3, 1993.

			

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