THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release |
April 21, 1993 |
EXECUTIVE ORDER 12843
- - - - - - -
PROCUREMENT REQUIREMENTS AND POLICIES FOR FEDERAL
AGENCIES FOR OZONE-DEPLETING SUBSTANCES
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:
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;
- maximize the use of safe alternatives to ozone- depleting
substances;
- 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 for recycling;
- 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
- exercise leadership, develop exemplary practices, and
disseminate information on successful efforts in phasing out
ozone-depleting substances.
Sec. 2. Definitions.
- "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.
- "Procurement" and "acquisition" are used interchangeably to
refer to the processes through which Federal agencies purchase products
and services.
- "Procurement regulations, policies 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.
- "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:
- "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
- "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.
- "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:
- minimizing, where economically practicable, the procurement of
products containing or manufactured with Class I substances in
anticipation of the 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;
- 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;
- 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:
- reducing emissions and recycling ozone-depleting substances;
- ceasing the purchase of nonessential products containing or
manufactured with ozone-depleting substances; and
- 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:
- altering existing equipment and/or procedures to make use of
safe alternatives;
- 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
- 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 regarding 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.
WILLIAM J. CLINTON
THE WHITE HOUSE,
April 21, 1993.
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